Ark. Code Ann. § 14-140-209 — AR Code / Title 14 / Chapter 140 / Subchapter 2 / Section 14-140-209
Procedure for issuance of revenue bonds
Status: in_force

The city council or other legislative body of any city or town desiring to provide marketing facilities as provided in this subchapter is authorized to issue revenue bonds to finance the planning, designing, acquisition of property for, construction, alteration, enlargement, maintenance, or operation of market facilities by the following procedure: (1) Authorizing Ordinance. (A) The city council or other legislative body of any city or town shall by ordinance provide for the issuance of revenue bonds. The ordinance shall set forth: (i) A brief description of the contemplated improvement; (ii) The estimated cost thereof; (iii) The amount, rate of interest, time, and place of payment; and (iv) Other details in connection with the issuance of the bonds. (B) The bonds shall bear interest at not more than six percent (6%) per annum, payable semiannually, and shall be payable at such times and places, not exceeding forty (40) years from their date, as shall be prescribed in the ordinance providing for their issuance. (2) Statutory Mortgage Lien. (A) The ordinance shall also declare that a statutory mortgage lien shall exist upon the property so to be acquired, and all construction thereon, and shall pledge the revenues derived from the operation of the market facilities for the purpose of paying the bonds and interest thereon. (B) The pledge shall definitely fix and determine the amount of revenue which shall be necessary to be set apart and applied to the payment of the principal of, and interest on, the bonds and the proportion of the balance of the revenues and incomes which are to be set aside as a proper and adequate depreciation account, and the remainder shall be set aside for the reasonable and proper operation thereof. (3) Notice and Hearing. (A) After the ordinance shall have been adopted, it shall be published one (1) time in a newspaper published in the city or town with a notice to all persons concerned, stating that: (i) The ordinance has been adopted; (ii) The city or town contemplates the issuance of the bonds described in the ordinance; and (iii) Any person interested may appear before the governing body upon a certain date, which shall not be less than ten (10) days subsequent to the publication of the ordinance and notice, and present protest. (B) At the hearing, all objections and suggestions shall be heard, and the legislative body shall take such action as it shall deem proper in the premises. (4) Issuance of Bonds. (A) Bonds provided for in this section shall be issued in such amount as may be necessary to provide sufficient funds to pay all costs of planning, designing, acquisition of property for, construction, alteration, enlargement, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion. (B) (i) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments. (ii) They shall be executed by the presiding officer and clerk or recorder of the corporate town and bear the corporate seal. (iii) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until the delivery. (C) The bonds may be sold at not less than ninety cents (90¢) on the dollar, and the proceeds derived therefrom shall be used exclusively for the purposes for which the bonds were issued. (5) Payment of Bonds. (A) Bonds issued under the provisions of this section shall be payable solely from the revenues derived from leasing the market facilities. (B) The bonds shall not, in any event, constitute an indebtedness of the city or town within the meaning of the constitutional provisions or limitations, and it shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the city or town. (6) Enforcement of Mortgage Lien. (A) There shall be created a statutory mortgage lien upon the market facilities so acquired or constructed from the proceeds of bonds authorized by this section to be issued, which shall exist in favor of the holder of the bonds, and each of them, and in favor of the holder of the coupons attached to the bonds. (B) The market facilities shall remain subject to the statutory mortgage lien until payment in full of the principal and interest of the bonds. Subject to such restrictions as may be contained in the indenture authorized in this section, any holder of bonds issued under the provisions of this subchapter or of the coupons representing interest accrued thereon may, either at law or in equity, enforce the statutory mortgage lien conferred by this section and may, by proper suit, compel the performance of the duties of the officials of the issuing city or town. (C) If there is default in the payment of the principal of, and interest on, any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the market facilities on behalf of the city or town, with power to charge and collect rates sufficient to provide for the payment of the bonds and interest thereon, and for payment of the operating expenses, and to apply the income and revenues in conformity with this subchapter and the ordinance providing for the issuance of the bonds. (7) Rental Rates - Surplus. (A) The rental rates for market facilities fixed precedent to the issuance of bonds shall not be reduced until all of the bonds shall have been fully paid and shall, wherever necessary, be increased, in amounts sufficient to provide for the payment of the bonds, both principal and interest, and to provide proper funds for the depreciation account and operation and maintenance charges. However, the rates may be reduced subject to any conditions which may be set out in the ordinance authorizing the issuance of the bonds of the trust indenture referred to in this section. (B) (i) If any surplus shall be accumulated in the operating and maintenance fund which shall be in excess of the cost of maintaining and operating the market facilities during the remainder of the fiscal year then current, and the cost of maintaining and operating the facilities during the fiscal year then next ensuing, then any excess may be transferred by the legislative body to either the depreciation account or other bond and interest redemption account. (ii) If a surplus shall exist in the bond or interest redemption account, it may be applied to the payment of any outstanding unmatured bonds payable from the bond and interest redemption account that may be subject to call for redemption before maturity. (8) Funds Custodian and Accounts. (A) Any municipality issuing revenue bonds under the provisions of this subchapter shall install and maintain a proper system of accounts. The accounts shall be properly audited by a competent auditor, and the report of the audit shall be open to the public for inspection. (B) The treasurer of the municipality shall be custodian of the funds derived from income received from the market facilities. All of the funds received as such income shall be kept separate and apart from the other funds of the city. (9) Other Terms of Authorizing Ordinance. (A) The ordinance authorizing the issuance of revenue bonds may contain provisions for the acceleration of the maturities of all unmatured bonds in the event of default in the payment of any principal or interest maturing under the bond issue, or upon failure to meet any sinking fund requirements, or in any other event stipulated in the ordinance, and such provisions will be binding. (B) The ordinance may also, if deemed desirable, provide for: (i) The execution, contemporaneously with the execution of bond, by the municipality of an indenture defining the rights of the bondholders inter sese; (ii) Appointing a trustee for the bondholders; (iii) A priority of lien as between successive bond issues; (iv) The acceleration of bond maturities; (v) Any covenants on the part of the municipality relating to the construction or acquisition of the market facilities or the application of safeguarding of the proceeds of the bonds, or other covenants intended for the protection of the bondholders; and (vi) Any other provisions which are consistent with the terms of this subchapter and which may be deemed desirable. Acts 1949, No. 300, § 7; A.S.A. 1947, § 19-3310.

The city council or other legislative body of any city or town desiring to provide marketing facilities as provided in this subchapter is authorized to issue revenue bonds to finance the planning, designing, acquisition of property for, construction, alteration, enlargement, maintenance, or operation of market facilities by the following procedure:

(1) Authorizing Ordinance. (A) The city council or other legislative body of any city or town shall by ordinance provide for the issuance of revenue bonds. The ordinance shall set forth: (i) A brief description of the contemplated improvement; (ii) The estimated cost thereof; (iii) The amount, rate of interest, time, and place of payment; and (iv) Other details in connection with the issuance of the bonds. (B) The bonds shall bear interest at not more than six percent (6%) per annum, payable semiannually, and shall be payable at such times and places, not exceeding forty (40) years from their date, as shall be prescribed in the ordinance providing for their issuance.

(A) The city council or other legislative body of any city or town shall by ordinance provide for the issuance of revenue bonds. The ordinance shall set forth: (i) A brief description of the contemplated improvement; (ii) The estimated cost thereof; (iii) The amount, rate of interest, time, and place of payment; and (iv) Other details in connection with the issuance of the bonds.

(i) A brief description of the contemplated improvement;

(ii) The estimated cost thereof;

(iii) The amount, rate of interest, time, and place of payment; and

(iv) Other details in connection with the issuance of the bonds.

(B) The bonds shall bear interest at not more than six percent (6%) per annum, payable semiannually, and shall be payable at such times and places, not exceeding forty (40) years from their date, as shall be prescribed in the ordinance providing for their issuance.

(2) Statutory Mortgage Lien. (A) The ordinance shall also declare that a statutory mortgage lien shall exist upon the property so to be acquired, and all construction thereon, and shall pledge the revenues derived from the operation of the market facilities for the purpose of paying the bonds and interest thereon. (B) The pledge shall definitely fix and determine the amount of revenue which shall be necessary to be set apart and applied to the payment of the principal of, and interest on, the bonds and the proportion of the balance of the revenues and incomes which are to be set aside as a proper and adequate depreciation account, and the remainder shall be set aside for the reasonable and proper operation thereof.

(A) The ordinance shall also declare that a statutory mortgage lien shall exist upon the property so to be acquired, and all construction thereon, and shall pledge the revenues derived from the operation of the market facilities for the purpose of paying the bonds and interest thereon.

(B) The pledge shall definitely fix and determine the amount of revenue which shall be necessary to be set apart and applied to the payment of the principal of, and interest on, the bonds and the proportion of the balance of the revenues and incomes which are to be set aside as a proper and adequate depreciation account, and the remainder shall be set aside for the reasonable and proper operation thereof.

(3) Notice and Hearing. (A) After the ordinance shall have been adopted, it shall be published one (1) time in a newspaper published in the city or town with a notice to all persons concerned, stating that: (i) The ordinance has been adopted; (ii) The city or town contemplates the issuance of the bonds described in the ordinance; and (iii) Any person interested may appear before the governing body upon a certain date, which shall not be less than ten (10) days subsequent to the publication of the ordinance and notice, and present protest. (B) At the hearing, all objections and suggestions shall be heard, and the legislative body shall take such action as it shall deem proper in the premises.

(A) After the ordinance shall have been adopted, it shall be published one (1) time in a newspaper published in the city or town with a notice to all persons concerned, stating that: (i) The ordinance has been adopted; (ii) The city or town contemplates the issuance of the bonds described in the ordinance; and (iii) Any person interested may appear before the governing body upon a certain date, which shall not be less than ten (10) days subsequent to the publication of the ordinance and notice, and present protest.

(i) The ordinance has been adopted;

(ii) The city or town contemplates the issuance of the bonds described in the ordinance; and

(iii) Any person interested may appear before the governing body upon a certain date, which shall not be less than ten (10) days subsequent to the publication of the ordinance and notice, and present protest.

(B) At the hearing, all objections and suggestions shall be heard, and the legislative body shall take such action as it shall deem proper in the premises.

(4) Issuance of Bonds. (A) Bonds provided for in this section shall be issued in such amount as may be necessary to provide sufficient funds to pay all costs of planning, designing, acquisition of property for, construction, alteration, enlargement, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion. (B) (i) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments. (ii) They shall be executed by the presiding officer and clerk or recorder of the corporate town and bear the corporate seal. (iii) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until the delivery. (C) The bonds may be sold at not less than ninety cents (90¢) on the dollar, and the proceeds derived therefrom shall be used exclusively for the purposes for which the bonds were issued.

(A) Bonds provided for in this section shall be issued in such amount as may be necessary to provide sufficient funds to pay all costs of planning, designing, acquisition of property for, construction, alteration, enlargement, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion.

(B) (i) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments. (ii) They shall be executed by the presiding officer and clerk or recorder of the corporate town and bear the corporate seal. (iii) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until the delivery.

(i) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments.

(ii) They shall be executed by the presiding officer and clerk or recorder of the corporate town and bear the corporate seal.

(iii) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until the delivery.

(C) The bonds may be sold at not less than ninety cents (90¢) on the dollar, and the proceeds derived therefrom shall be used exclusively for the purposes for which the bonds were issued.

(5) Payment of Bonds. (A) Bonds issued under the provisions of this section shall be payable solely from the revenues derived from leasing the market facilities. (B) The bonds shall not, in any event, constitute an indebtedness of the city or town within the meaning of the constitutional provisions or limitations, and it shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the city or town.

(A) Bonds issued under the provisions of this section shall be payable solely from the revenues derived from leasing the market facilities.

(B) The bonds shall not, in any event, constitute an indebtedness of the city or town within the meaning of the constitutional provisions or limitations, and it shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the city or town.

(6) Enforcement of Mortgage Lien. (A) There shall be created a statutory mortgage lien upon the market facilities so acquired or constructed from the proceeds of bonds authorized by this section to be issued, which shall exist in favor of the holder of the bonds, and each of them, and in favor of the holder of the coupons attached to the bonds. (B) The market facilities shall remain subject to the statutory mortgage lien until payment in full of the principal and interest of the bonds. Subject to such restrictions as may be contained in the indenture authorized in this section, any holder of bonds issued under the provisions of this subchapter or of the coupons representing interest accrued thereon may, either at law or in equity, enforce the statutory mortgage lien conferred by this section and may, by proper suit, compel the performance of the duties of the officials of the issuing city or town. (C) If there is default in the payment of the principal of, and interest on, any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the market facilities on behalf of the city or town, with power to charge and collect rates sufficient to provide for the payment of the bonds and interest thereon, and for payment of the operating expenses, and to apply the income and revenues in conformity with this subchapter and the ordinance providing for the issuance of the bonds.

(A) There shall be created a statutory mortgage lien upon the market facilities so acquired or constructed from the proceeds of bonds authorized by this section to be issued, which shall exist in favor of the holder of the bonds, and each of them, and in favor of the holder of the coupons attached to the bonds.

(B) The market facilities shall remain subject to the statutory mortgage lien until payment in full of the principal and interest of the bonds. Subject to such restrictions as may be contained in the indenture authorized in this section, any holder of bonds issued under the provisions of this subchapter or of the coupons representing interest accrued thereon may, either at law or in equity, enforce the statutory mortgage lien conferred by this section and may, by proper suit, compel the performance of the duties of the officials of the issuing city or town.

(C) If there is default in the payment of the principal of, and interest on, any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the market facilities on behalf of the city or town, with power to charge and collect rates sufficient to provide for the payment of the bonds and interest thereon, and for payment of the operating expenses, and to apply the income and revenues in conformity with this subchapter and the ordinance providing for the issuance of the bonds.

(7) Rental Rates - Surplus. (A) The rental rates for market facilities fixed precedent to the issuance of bonds shall not be reduced until all of the bonds shall have been fully paid and shall, wherever necessary, be increased, in amounts sufficient to provide for the payment of the bonds, both principal and interest, and to provide proper funds for the depreciation account and operation and maintenance charges. However, the rates may be reduced subject to any conditions which may be set out in the ordinance authorizing the issuance of the bonds of the trust indenture referred to in this section. (B) (i) If any surplus shall be accumulated in the operating and maintenance fund which shall be in excess of the cost of maintaining and operating the market facilities during the remainder of the fiscal year then current, and the cost of maintaining and operating the facilities during the fiscal year then next ensuing, then any excess may be transferred by the legislative body to either the depreciation account or other bond and interest redemption account. (ii) If a surplus shall exist in the bond or interest redemption account, it may be applied to the payment of any outstanding unmatured bonds payable from the bond and interest redemption account that may be subject to call for redemption before maturity.

(A) The rental rates for market facilities fixed precedent to the issuance of bonds shall not be reduced until all of the bonds shall have been fully paid and shall, wherever necessary, be increased, in amounts sufficient to provide for the payment of the bonds, both principal and interest, and to provide proper funds for the depreciation account and operation and maintenance charges. However, the rates may be reduced subject to any conditions which may be set out in the ordinance authorizing the issuance of the bonds of the trust indenture referred to in this section.

(B) (i) If any surplus shall be accumulated in the operating and maintenance fund which shall be in excess of the cost of maintaining and operating the market facilities during the remainder of the fiscal year then current, and the cost of maintaining and operating the facilities during the fiscal year then next ensuing, then any excess may be transferred by the legislative body to either the depreciation account or other bond and interest redemption account. (ii) If a surplus shall exist in the bond or interest redemption account, it may be applied to the payment of any outstanding unmatured bonds payable from the bond and interest redemption account that may be subject to call for redemption before maturity.

(i) If any surplus shall be accumulated in the operating and maintenance fund which shall be in excess of the cost of maintaining and operating the market facilities during the remainder of the fiscal year then current, and the cost of maintaining and operating the facilities during the fiscal year then next ensuing, then any excess may be transferred by the legislative body to either the depreciation account or other bond and interest redemption account.

(ii) If a surplus shall exist in the bond or interest redemption account, it may be applied to the payment of any outstanding unmatured bonds payable from the bond and interest redemption account that may be subject to call for redemption before maturity.

(8) Funds Custodian and Accounts. (A) Any municipality issuing revenue bonds under the provisions of this subchapter shall install and maintain a proper system of accounts. The accounts shall be properly audited by a competent auditor, and the report of the audit shall be open to the public for inspection. (B) The treasurer of the municipality shall be custodian of the funds derived from income received from the market facilities. All of the funds received as such income shall be kept separate and apart from the other funds of the city.

(A) Any municipality issuing revenue bonds under the provisions of this subchapter shall install and maintain a proper system of accounts. The accounts shall be properly audited by a competent auditor, and the report of the audit shall be open to the public for inspection.

(B) The treasurer of the municipality shall be custodian of the funds derived from income received from the market facilities. All of the funds received as such income shall be kept separate and apart from the other funds of the city.

(9) Other Terms of Authorizing Ordinance. (A) The ordinance authorizing the issuance of revenue bonds may contain provisions for the acceleration of the maturities of all unmatured bonds in the event of default in the payment of any principal or interest maturing under the bond issue, or upon failure to meet any sinking fund requirements, or in any other event stipulated in the ordinance, and such provisions will be binding. (B) The ordinance may also, if deemed desirable, provide for: (i) The execution, contemporaneously with the execution of bond, by the municipality of an indenture defining the rights of the bondholders inter sese; (ii) Appointing a trustee for the bondholders; (iii) A priority of lien as between successive bond issues; (iv) The acceleration of bond maturities; (v) Any covenants on the part of the municipality relating to the construction or acquisition of the market facilities or the application of safeguarding of the proceeds of the bonds, or other covenants intended for the protection of the bondholders; and (vi) Any other provisions which are consistent with the terms of this subchapter and which may be deemed desirable.

(A) The ordinance authorizing the issuance of revenue bonds may contain provisions for the acceleration of the maturities of all unmatured bonds in the event of default in the payment of any principal or interest maturing under the bond issue, or upon failure to meet any sinking fund requirements, or in any other event stipulated in the ordinance, and such provisions will be binding.

(B) The ordinance may also, if deemed desirable, provide for: (i) The execution, contemporaneously with the execution of bond, by the municipality of an indenture defining the rights of the bondholders inter sese; (ii) Appointing a trustee for the bondholders; (iii) A priority of lien as between successive bond issues; (iv) The acceleration of bond maturities; (v) Any covenants on the part of the municipality relating to the construction or acquisition of the market facilities or the application of safeguarding of the proceeds of the bonds, or other covenants intended for the protection of the bondholders; and (vi) Any other provisions which are consistent with the terms of this subchapter and which may be deemed desirable.

(i) The execution, contemporaneously with the execution of bond, by the municipality of an indenture defining the rights of the bondholders inter sese;

(ii) Appointing a trustee for the bondholders;

(iii) A priority of lien as between successive bond issues;

(iv) The acceleration of bond maturities;

(v) Any covenants on the part of the municipality relating to the construction or acquisition of the market facilities or the application of safeguarding of the proceeds of the bonds, or other covenants intended for the protection of the bondholders; and

(vi) Any other provisions which are consistent with the terms of this subchapter and which may be deemed desirable.

Acts 1949, No. 300, § 7; A.S.A. 1947, § 19-3310.
Ark. Code Ann. § 14-120-327 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-327
Redemption of property - Vacation of decree
Status: in_force

Notwithstanding the provisions of § 14-120-326 , the owner of any 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, sold in the manner provided in this subchapter, may redeem the property within two (2) years after the date of the sale. Furthermore, owner of the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property, at any time within three (3) years after the date of sale, may file his petition in the same court, alleging the payment of the taxes on 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, for the years for which they were sold. Upon the establishment of that fact, the court shall vacate and set aside the decree and the deed issued by the commissioner thereunder as to 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 lying within the boundaries of the district. Acts 1961, No. 20, § 13; A.S.A. 1947, § 21-851.

Notwithstanding the provisions of § 14-120-326 , the owner of any 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, sold in the manner provided in this subchapter, may redeem the property within two (2) years after the date of the sale. Furthermore, owner of the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property, at any time within three (3) years after the date of sale, may file his petition in the same court, alleging the payment of the taxes on 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, for the years for which they were sold. Upon the establishment of that fact, the court shall vacate and set aside the decree and the deed issued by the commissioner thereunder as to 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 lying within the boundaries of the district.

Acts 1961, No. 20, § 13; A.S.A. 1947, § 21-851.
Ark. Code Ann. § 14-218-121 — AR Code / Title 14 / Chapter 218 / Section 14-218-121
Retirement of bonds of separate districts before maturity
Status: in_force

(a) The board of improvement of the consolidated district is authorized to pay any notes or bonds given by either of the separate districts before the notes or bonds become due including accrued interest on the notes or bonds up until the date of payment. (b) In order to facilitate the retirement of the notes or bonds, the board at its option, may pay, in addition to the face value and accrued interest on any bond or note, a premium of not exceeding one-half of one percent (1/2 of 1%) for each full year that the payment of the note or bond is anticipated. Acts 1927, No. 350, § 22; Pope's Dig., § 7421; A.S.A. 1947, § 20-523.

(a) The board of improvement of the consolidated district is authorized to pay any notes or bonds given by either of the separate districts before the notes or bonds become due including accrued interest on the notes or bonds up until the date of payment.

(b) In order to facilitate the retirement of the notes or bonds, the board at its option, may pay, in addition to the face value and accrued interest on any bond or note, a premium of not exceeding one-half of one percent (1/2 of 1%) for each full year that the payment of the note or bond is anticipated.

Acts 1927, No. 350, § 22; Pope's Dig., § 7421; A.S.A. 1947, § 20-523.
Ark. Code Ann. § 14-123-411 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-411
Payment of assessments - Effect of delinquency
Status: in_force

(a) When the assessment list is delivered to the treasurer, he shall proceed immediately to collect the assessments. (b) If the assessments are not paid within thirty (30) days, a penalty of ten percent (10%) shall at once attach for the delinquency. The board of directors shall enforce the collection of the whole by chancery proceedings in a court of the county having chancery jurisdiction in which the lands are situated. The court shall give judgment against the persons claiming to be the owners of the land, if known to the board, for the amount of the assessment, the penalty of ten percent (10%), interest on the assessment from the end of the thirty (30) days allowed for the collection thereof at the rate of six percent (6%) per annum, and all costs of the proceedings. (c) If the ownership of delinquent lands is unknown to the board, the lands may be proceeded against as set forth in this section for the collection of the assessments, penalty, interests, and costs due thereon, as being owned by unknown owners. (d) The judgment shall provide for the sale of the delinquent lands for cash, by commissioner of the court, after advertisement as set out in this section. (e) The proceedings and judgment shall be in the nature of proceeding in rem, and it shall be immaterial that the ownership of the lands may be incorrectly alleged in the proceedings. (f) The judgment shall be enforced wholly against the land and not against any other property or estate of the defendant. (g) All or any part of the delinquent lands in any levee district in one (1) county may be included in one (1) suit instituted for the collection of the delinquent assessments, etc., as aforesaid, and all delinquent owners of the land, including those unknown as aforesaid, may be included in the one (1) suit as defendant. Acts 1879, No. 78, § 14, p. 117; 1887, No. 86, § 6, p. 132; 1897, No. 8, § 2, p. 8; C. & M. Dig., § 6836; Pope's Dig., § 4562; A.S.A. 1947, § 21-631.

(a) When the assessment list is delivered to the treasurer, he shall proceed immediately to collect the assessments.

(b) If the assessments are not paid within thirty (30) days, a penalty of ten percent (10%) shall at once attach for the delinquency. The board of directors shall enforce the collection of the whole by chancery proceedings in a court of the county having chancery jurisdiction in which the lands are situated. The court shall give judgment against the persons claiming to be the owners of the land, if known to the board, for the amount of the assessment, the penalty of ten percent (10%), interest on the assessment from the end of the thirty (30) days allowed for the collection thereof at the rate of six percent (6%) per annum, and all costs of the proceedings.

(c) If the ownership of delinquent lands is unknown to the board, the lands may be proceeded against as set forth in this section for the collection of the assessments, penalty, interests, and costs due thereon, as being owned by unknown owners.

(d) The judgment shall provide for the sale of the delinquent lands for cash, by commissioner of the court, after advertisement as set out in this section.

(e) The proceedings and judgment shall be in the nature of proceeding in rem, and it shall be immaterial that the ownership of the lands may be incorrectly alleged in the proceedings.

(f) The judgment shall be enforced wholly against the land and not against any other property or estate of the defendant.

(g) All or any part of the delinquent lands in any levee district in one (1) county may be included in one (1) suit instituted for the collection of the delinquent assessments, etc., as aforesaid, and all delinquent owners of the land, including those unknown as aforesaid, may be included in the one (1) suit as defendant.

Acts 1879, No. 78, § 14, p. 117; 1887, No. 86, § 6, p. 132; 1897, No. 8, § 2, p. 8; C. & M. Dig., § 6836; Pope's Dig., § 4562; A.S.A. 1947, § 21-631.
Ark. Code Ann. § 14-71-101 — AR Code / Title 14 / Chapter 71 / Section 14-71-101
County fiscal year - Accounting method for county budget and treasury audit purposes - Definition
Status: in_force

(a) The fiscal year of the counties of the state, covering each period of twelve (12) months, begins on January 1 of each year and ends at the close of business on December 31 of the same year. (b) (1) Counties shall use the modified accrual accounting basis for audit purposes. (2) (A) For county government and the regulatory basis of accounting under § 10-4-412(c)(2) , "modified accrual accounting basis" is defined as an accounting system that recognizes revenues at the time revenues become available and measurable and expenditures at the time liabilities are incurred. (B) Revenues and expenditures are accruable to the fiscal year as provided in subsection (c) of this section. (c) (1) Obligations incurred by a county on or before the end of the fiscal year that are not issued an accounts payable claim until the following fiscal year shall be posted to the prior fiscal year appropriations journal when paid within the first two (2) months of the following fiscal year. (2) (A) Revenues collected and owed to a county treasury before the end of the fiscal year and not remitted to the county treasury until the following fiscal year are accruable to the prior fiscal year when receipted by the county treasurer within the first two (2) months of the following fiscal year, except as provided in subdivision (c)(2)(C) of this section. (B) Moneys received by the respective counties from the County Aid Fund are revenues of the year in which the moneys are received and are not revenues of the year in which the moneys were collected and paid into the State Treasury. (C) Moneys received by the respective counties from the Treasurer of State representing county sales and use taxes are revenues of the year in which the moneys are received and are not revenues of the year in which the moneys were collected and paid into the State Treasury. (d) The finance officers of the county shall keep and maintain records as required by law to account for accruable receivables or payables for audit purposes. Amended by Act 2023, No. 453,§ 2, eff. 6/30/2024. Amended by Act 2019, No. 310,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 527,§ 1, eff. 8/1/2017. Acts 1939, No. 28, § 1; A.S.A. 1947, § 13-102.

(a) The fiscal year of the counties of the state, covering each period of twelve (12) months, begins on January 1 of each year and ends at the close of business on December 31 of the same year.

(b) (1) Counties shall use the modified accrual accounting basis for audit purposes. (2) (A) For county government and the regulatory basis of accounting under § 10-4-412(c)(2) , "modified accrual accounting basis" is defined as an accounting system that recognizes revenues at the time revenues become available and measurable and expenditures at the time liabilities are incurred. (B) Revenues and expenditures are accruable to the fiscal year as provided in subsection (c) of this section.

(1) Counties shall use the modified accrual accounting basis for audit purposes.

(2) (A) For county government and the regulatory basis of accounting under § 10-4-412(c)(2) , "modified accrual accounting basis" is defined as an accounting system that recognizes revenues at the time revenues become available and measurable and expenditures at the time liabilities are incurred. (B) Revenues and expenditures are accruable to the fiscal year as provided in subsection (c) of this section.

(A) For county government and the regulatory basis of accounting under § 10-4-412(c)(2) , "modified accrual accounting basis" is defined as an accounting system that recognizes revenues at the time revenues become available and measurable and expenditures at the time liabilities are incurred.

(B) Revenues and expenditures are accruable to the fiscal year as provided in subsection (c) of this section.

(c) (1) Obligations incurred by a county on or before the end of the fiscal year that are not issued an accounts payable claim until the following fiscal year shall be posted to the prior fiscal year appropriations journal when paid within the first two (2) months of the following fiscal year. (2) (A) Revenues collected and owed to a county treasury before the end of the fiscal year and not remitted to the county treasury until the following fiscal year are accruable to the prior fiscal year when receipted by the county treasurer within the first two (2) months of the following fiscal year, except as provided in subdivision (c)(2)(C) of this section. (B) Moneys received by the respective counties from the County Aid Fund are revenues of the year in which the moneys are received and are not revenues of the year in which the moneys were collected and paid into the State Treasury. (C) Moneys received by the respective counties from the Treasurer of State representing county sales and use taxes are revenues of the year in which the moneys are received and are not revenues of the year in which the moneys were collected and paid into the State Treasury.

(1) Obligations incurred by a county on or before the end of the fiscal year that are not issued an accounts payable claim until the following fiscal year shall be posted to the prior fiscal year appropriations journal when paid within the first two (2) months of the following fiscal year.

(2) (A) Revenues collected and owed to a county treasury before the end of the fiscal year and not remitted to the county treasury until the following fiscal year are accruable to the prior fiscal year when receipted by the county treasurer within the first two (2) months of the following fiscal year, except as provided in subdivision (c)(2)(C) of this section. (B) Moneys received by the respective counties from the County Aid Fund are revenues of the year in which the moneys are received and are not revenues of the year in which the moneys were collected and paid into the State Treasury. (C) Moneys received by the respective counties from the Treasurer of State representing county sales and use taxes are revenues of the year in which the moneys are received and are not revenues of the year in which the moneys were collected and paid into the State Treasury.

(A) Revenues collected and owed to a county treasury before the end of the fiscal year and not remitted to the county treasury until the following fiscal year are accruable to the prior fiscal year when receipted by the county treasurer within the first two (2) months of the following fiscal year, except as provided in subdivision (c)(2)(C) of this section.

(B) Moneys received by the respective counties from the County Aid Fund are revenues of the year in which the moneys are received and are not revenues of the year in which the moneys were collected and paid into the State Treasury.

(C) Moneys received by the respective counties from the Treasurer of State representing county sales and use taxes are revenues of the year in which the moneys are received and are not revenues of the year in which the moneys were collected and paid into the State Treasury.

(d) The finance officers of the county shall keep and maintain records as required by law to account for accruable receivables or payables for audit purposes.

Amended by Act 2023, No. 453,§ 2, eff. 6/30/2024.

Amended by Act 2019, No. 310,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 527,§ 1, eff. 8/1/2017.

Acts 1939, No. 28, § 1; A.S.A. 1947, § 13-102.
Ark. Code Ann. § 14-303-103 — AR Code / Title 14 / Chapter 303 / Subchapter 1 / Section 14-303-103
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Authority" means any municipal tollway authority created pursuant to the provisions of this chapter; (2) "Project" or "tollway project" means any expressway constructed under the provisions of this chapter by an authority including, without limitation, lands, rights-of-way, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, administration buildings, storage buildings, and other buildings and facilities which the authority involved may deem necessary or desirable for the operation of a tollway project, together with all property, rights, easements, rights-of-way, and interest that may be acquired by an authority for or in connection with the construction or operation of a tollway project. Each tollway project shall be separately designated by appropriate name or number and may be constructed, reconstructed, or extended in sections and stages as the authority may determine from time to time; (3) "Costs" or "project costs" embraces all direct and indirect costs incurred in connection with the acquisition of rights-of-way for, and constructing and equipping, tollway project. This shall include, without limitation, the cost of the acquisition of all lands, rights-of-way, property, rights, easements, and interest acquired by an authority; the cost of demolishing or removing buildings or structures on the land so acquired; the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery and equipment, financing charges, interest prior to and during construction, and, for a period of not exceeding two (2) years after construction, the funding of a debt service reserve if determined to be necessary by the authority involved; the cost of traffic estimates,engineering fees, legal fees, plans, specifications, surveys, estimates of cost and revenues, any other expenses or expenditures necessary or incidental to determining the feasibility or practicability of a tollway project, administration expense, and any other expense, cost, or expenditure necessary or incidental to the construction of a tollway project, the financing of the construction, and the placing of the tollway project into operation. Any obligation, expense, or expenditure incurred or made by the State Highway Commission with state or federal funds, or any other state or United States agency or department with the authority or approval, prior or subsequent, of an authority for matters pertaining to a tollway project including, without limitation, construction, traffic surveys, boring, preparation of plans and specifications, engineering services, and any other expenses, costs, or expenditures of whatever nature shall be regarded as a part of the costs of a tollway project and shall be reimbursed to the State Highway Commission or other agency or department of the state or United States out of the proceeds of revenue bonds hereafter authorized, or out of any other available funds of an authority; (4) "Public roads" or "public highways" means all public highways and roads which at any time are part of the state highway system, and all roads and highways which are part of the county road system of the State of Arkansas, and all streets and roadways maintained by any municipality, improvement district, or political subdivision in the State of Arkansas; (5) "Bonds," "tollway revenue bonds," or "revenue bonds" means revenue bonds of an authority authorized under and issued pursuant to the authority conferred by this chapter; (6) "Owner" means all individuals, partnerships, associations, corporations, or organizations having any title or interest in any property, rights, easements, or interest authorized to be acquired by and under the authority conferred by this chapter; (7) "Revenues" embraces all tolls, rentals, gasoline tax revenues, gifts, grants, moneys, charges, and other funds and property of whatever nature coming into the possession of, or under the control of, the authority by virtue of this chapter except the proceeds derived from the sale of revenue bonds issued under the provisions of this chapter. Acts 1968 (1st Ex. Sess.), No. 33, § 8; A.S.A. 1947, § 76-2608.

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

(1) "Authority" means any municipal tollway authority created pursuant to the provisions of this chapter;

(2) "Project" or "tollway project" means any expressway constructed under the provisions of this chapter by an authority including, without limitation, lands, rights-of-way, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, administration buildings, storage buildings, and other buildings and facilities which the authority involved may deem necessary or desirable for the operation of a tollway project, together with all property, rights, easements, rights-of-way, and interest that may be acquired by an authority for or in connection with the construction or operation of a tollway project. Each tollway project shall be separately designated by appropriate name or number and may be constructed, reconstructed, or extended in sections and stages as the authority may determine from time to time;

(3) "Costs" or "project costs" embraces all direct and indirect costs incurred in connection with the acquisition of rights-of-way for, and constructing and equipping, tollway project. This shall include, without limitation, the cost of the acquisition of all lands, rights-of-way, property, rights, easements, and interest acquired by an authority; the cost of demolishing or removing buildings or structures on the land so acquired; the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery and equipment, financing charges, interest prior to and during construction, and, for a period of not exceeding two (2) years after construction, the funding of a debt service reserve if determined to be necessary by the authority involved; the cost of traffic estimates,engineering fees, legal fees, plans, specifications, surveys, estimates of cost and revenues, any other expenses or expenditures necessary or incidental to determining the feasibility or practicability of a tollway project, administration expense, and any other expense, cost, or expenditure necessary or incidental to the construction of a tollway project, the financing of the construction, and the placing of the tollway project into operation. Any obligation, expense, or expenditure incurred or made by the State Highway Commission with state or federal funds, or any other state or United States agency or department with the authority or approval, prior or subsequent, of an authority for matters pertaining to a tollway project including, without limitation, construction, traffic surveys, boring, preparation of plans and specifications, engineering services, and any other expenses, costs, or expenditures of whatever nature shall be regarded as a part of the costs of a tollway project and shall be reimbursed to the State Highway Commission or other agency or department of the state or United States out of the proceeds of revenue bonds hereafter authorized, or out of any other available funds of an authority;

(4) "Public roads" or "public highways" means all public highways and roads which at any time are part of the state highway system, and all roads and highways which are part of the county road system of the State of Arkansas, and all streets and roadways maintained by any municipality, improvement district, or political subdivision in the State of Arkansas;

(5) "Bonds," "tollway revenue bonds," or "revenue bonds" means revenue bonds of an authority authorized under and issued pursuant to the authority conferred by this chapter;

(6) "Owner" means all individuals, partnerships, associations, corporations, or organizations having any title or interest in any property, rights, easements, or interest authorized to be acquired by and under the authority conferred by this chapter;

(7) "Revenues" embraces all tolls, rentals, gasoline tax revenues, gifts, grants, moneys, charges, and other funds and property of whatever nature coming into the possession of, or under the control of, the authority by virtue of this chapter except the proceeds derived from the sale of revenue bonds issued under the provisions of this chapter.

Acts 1968 (1st Ex. Sess.), No. 33, § 8; A.S.A. 1947, § 76-2608.
Ark. Code Ann. § 14-169-1108 — AR Code / Title 14 / Chapter 169 / Subchapter 11 / Section 14-169-1108
Continuation after five years
Status: in_force

If the municipality wishes to continue the program in a particular targeted neighborhood at the conclusion of five (5) years, it may do so by completing the steps set forth in this subchapter, provided that no area may be maintained as a targeted neighborhood for more than an aggregate of fifteen (15) years. Acts 1997, No. 320, § 8.

If the municipality wishes to continue the program in a particular targeted neighborhood at the conclusion of five (5) years, it may do so by completing the steps set forth in this subchapter, provided that no area may be maintained as a targeted neighborhood for more than an aggregate of fifteen (15) years.

Acts 1997, No. 320, § 8.
Ark. Code Ann. § 14-265-101 — AR Code / Title 14 / Chapter 265 / Section 14-265-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "County" means a county of this state, or, where a county is divided into two (2) districts, "county" means the entire county or either district of the county; (2) "Governing body" means the council, board of directors, or city commission of any municipality; (3) "Municipality" means a city of the first or second class or an incorporated town; (4) "Equip" means to install or place on or in any building or structure equipment of any and every kind, whether or not affixed, including, without limiting the generality of the foregoing, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (5) "Sell" means to sell for such price, in such manner, and upon such terms as the municipality or county shall determine including, without limiting the generality of the foregoing, private or public sale, and, if public, pursuant to such advertisement as the municipality or county shall determine. "Sell" also means to sell for cash or credit payable in a lump sum or in installments over such period as the municipality or county shall determine and, if on credit, with or without interest and at such rate or rates as the municipality or county shall determine; (6) "Lease" means to lease for such rentals, for such period or periods, and upon such terms and conditions as the municipality or county shall determine including, without limiting the generality of the foregoing, the granting of purchase options for such prices and upon such terms and conditions as the municipality or county shall determine; (7) "Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be used for or in the operation of the hospital, nursing home, rest home, or related facilities including, without limiting the generality of the foregoing, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, commodities, supplies, and other real, personal, or mixed property of every kind; (8) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and, if the latter, by negotiation or bidding upon terms and pursuant to advertising, as the municipality or county shall determine to be in the public interest and, under the circumstances existing at the time, to accomplish the purposes of and authorities set forth in this chapter. Acts 1961, No. 175, § 10; 1973, No. 86, § 3; 1975, No. 223, § 3; 1981, No. 425, § 40; A.S.A. 1947, § 19-4722.

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

(1) "County" means a county of this state, or, where a county is divided into two (2) districts, "county" means the entire county or either district of the county;

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

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

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

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

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

(7) "Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be used for or in the operation of the hospital, nursing home, rest home, or related facilities including, without limiting the generality of the foregoing, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, commodities, supplies, and other real, personal, or mixed property of every kind;

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

Acts 1961, No. 175, § 10; 1973, No. 86, § 3; 1975, No. 223, § 3; 1981, No. 425, § 40; A.S.A. 1947, § 19-4722.
Ark. Code Ann. § 14-137-106 — AR Code / Title 14 / Chapter 137 / Section 14-137-106
Creation - Purposes - Definition
Status: in_force

(a) (1) Any municipality or any county is authorized to create one (1) or more public facilities boards and to empower each board to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of health care facilities, emergency medical health care facilities, residential housing facilities, off-street parking facilities, recreational and tourist facilities, waterworks facilities, sewer facilities, facilities for securing or developing industry, energy facilities, hydroelectric power projects, education facilities, other capital improvement facilities, or any combination of such facilities, or any interest in such facilities including, without limitation, leasehold interests in and mortgages on such facilities. (2) Public facilities boards created under this chapter are not administrative boards under the County Government Code, § 14-14-101 et seq. (b) The boards may be further empowered to make loans to mortgage lenders, defined as all banks or trust companies, industrial loan institutions, credit unions, mortgage banking firms, national banking associations, savings and loan associations and investment banking firms that maintain a principal office or place of business in the state, and all insurance companies authorized to do business in the state, on condition that the mortgage lenders use the proceeds of each loan to provide financing for either health care facilities, emergency medical health care facilities, residential housing facilities, off-street parking facilities, recreational and tourist facilities, waterworks facilities, sewer facilities, facilities for securing or developing industry, energy facilities, educational facilities, hydroelectric power projects, other capital improvement facilities, or any combination of such facilities. (c) Any such undertaking by a board will be sometimes referred to in this chapter as a "public facilities project" or "project". (d) As used in this section, the term "other capital improvement facilities" means, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto; lands or rights in land, including without limitations, leases, air rights, easements, rights-of-way, or licenses; furnishings, machinery, vehicles, apparatus, equipment, or other personal property for use by the city or county; and any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include, without limiting the generality of the foregoing, the following: (1) Any and all facilities for city or town halls, courthouses, and administrative, executive, or other public offices; (2) Court facilities, jails, and police and sheriff stations, apparatus, and facilities; (3) Firefighting facilities and apparatus; (4) Public health facilities and apparatus; (5) Hospitals, nursing homes, and similar extended-care facilities; (6) Residential housing for low and moderate income, elderly, or individuals with disabilities and families; (7) Parking facilities and garages; (8) Educational and training facilities for public employees; (9) Auditoriums, stadiums, and convention, meeting, or entertainment facilities; (10) Ambulance and other emergency medical service facilities; (11) Civil defense facilities; (12) Air and water pollution control facilities; (13) Drainage and flood control facilities and storm sewers; (14) Arts and crafts centers; (15) Museums and libraries; (16) Public parks, playgrounds, or other public open spaces; (17) Marinas; (18) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (19) Tourist information and assistance centers; (20) Historical, cultural, natural, or folklore sites; (21) Fair and exhibition facilities; (22) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts; (23) Airports, passenger or freight terminals, and hangars and related facilities; (24) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; and slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities; (25) Public transportation facilities; (26) Public water systems and related transmission and distribution facilities; storage facilities, wells, and impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (27) Sewer collection systems and treatment plants; (28) Maintenance and storage buildings and facilities; (29) Incinerators, and garbage and solid waste collection disposal, compacting, and recycling facilities of every kind; and (30) Social and rehabilitative services facilities. Acts 1975, No. 142, § 4; 1975 (Extended Sess., 1976), No. 1224, § 1; 1977, No. 446, § 2; 1981, No. 857, § 1; 1981 (Ex. Sess.), No. 18, § 3; 1981 (Ex. Sess.), No. 23, § 8(b); 1985, No. 973, §§ 1, 2; A.S.A. 1947, §§ 20-1704, 20-1704.2; Acts 1987, No. 929, § 1; reen. Acts 1987, No. 1012, § 1; Acts 1989, No. 55, § 1; 1991, No. 279, § 1; 1993, No. 349, § 1; 1997, No. 208, § 10.

(a) (1) Any municipality or any county is authorized to create one (1) or more public facilities boards and to empower each board to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of health care facilities, emergency medical health care facilities, residential housing facilities, off-street parking facilities, recreational and tourist facilities, waterworks facilities, sewer facilities, facilities for securing or developing industry, energy facilities, hydroelectric power projects, education facilities, other capital improvement facilities, or any combination of such facilities, or any interest in such facilities including, without limitation, leasehold interests in and mortgages on such facilities. (2) Public facilities boards created under this chapter are not administrative boards under the County Government Code, § 14-14-101 et seq.

(1) Any municipality or any county is authorized to create one (1) or more public facilities boards and to empower each board to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of health care facilities, emergency medical health care facilities, residential housing facilities, off-street parking facilities, recreational and tourist facilities, waterworks facilities, sewer facilities, facilities for securing or developing industry, energy facilities, hydroelectric power projects, education facilities, other capital improvement facilities, or any combination of such facilities, or any interest in such facilities including, without limitation, leasehold interests in and mortgages on such facilities.

(2) Public facilities boards created under this chapter are not administrative boards under the County Government Code, § 14-14-101 et seq.

(b) The boards may be further empowered to make loans to mortgage lenders, defined as all banks or trust companies, industrial loan institutions, credit unions, mortgage banking firms, national banking associations, savings and loan associations and investment banking firms that maintain a principal office or place of business in the state, and all insurance companies authorized to do business in the state, on condition that the mortgage lenders use the proceeds of each loan to provide financing for either health care facilities, emergency medical health care facilities, residential housing facilities, off-street parking facilities, recreational and tourist facilities, waterworks facilities, sewer facilities, facilities for securing or developing industry, energy facilities, educational facilities, hydroelectric power projects, other capital improvement facilities, or any combination of such facilities.

(c) Any such undertaking by a board will be sometimes referred to in this chapter as a "public facilities project" or "project".

(d) As used in this section, the term "other capital improvement facilities" means, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto; lands or rights in land, including without limitations, leases, air rights, easements, rights-of-way, or licenses; furnishings, machinery, vehicles, apparatus, equipment, or other personal property for use by the city or county; and any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include, without limiting the generality of the foregoing, the following: (1) Any and all facilities for city or town halls, courthouses, and administrative, executive, or other public offices; (2) Court facilities, jails, and police and sheriff stations, apparatus, and facilities; (3) Firefighting facilities and apparatus; (4) Public health facilities and apparatus; (5) Hospitals, nursing homes, and similar extended-care facilities; (6) Residential housing for low and moderate income, elderly, or individuals with disabilities and families; (7) Parking facilities and garages; (8) Educational and training facilities for public employees; (9) Auditoriums, stadiums, and convention, meeting, or entertainment facilities; (10) Ambulance and other emergency medical service facilities; (11) Civil defense facilities; (12) Air and water pollution control facilities; (13) Drainage and flood control facilities and storm sewers; (14) Arts and crafts centers; (15) Museums and libraries; (16) Public parks, playgrounds, or other public open spaces; (17) Marinas; (18) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (19) Tourist information and assistance centers; (20) Historical, cultural, natural, or folklore sites; (21) Fair and exhibition facilities; (22) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts; (23) Airports, passenger or freight terminals, and hangars and related facilities; (24) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; and slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities; (25) Public transportation facilities; (26) Public water systems and related transmission and distribution facilities; storage facilities, wells, and impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (27) Sewer collection systems and treatment plants; (28) Maintenance and storage buildings and facilities; (29) Incinerators, and garbage and solid waste collection disposal, compacting, and recycling facilities of every kind; and (30) Social and rehabilitative services facilities.

(1) Any and all facilities for city or town halls, courthouses, and administrative, executive, or other public offices;

(2) Court facilities, jails, and police and sheriff stations, apparatus, and facilities;

(3) Firefighting facilities and apparatus;

(4) Public health facilities and apparatus;

(5) Hospitals, nursing homes, and similar extended-care facilities;

(6) Residential housing for low and moderate income, elderly, or individuals with disabilities and families;

(7) Parking facilities and garages;

(8) Educational and training facilities for public employees;

(9) Auditoriums, stadiums, and convention, meeting, or entertainment facilities;

(10) Ambulance and other emergency medical service facilities;

(11) Civil defense facilities;

(12) Air and water pollution control facilities;

(13) Drainage and flood control facilities and storm sewers;

(14) Arts and crafts centers;

(15) Museums and libraries;

(16) Public parks, playgrounds, or other public open spaces;

(17) Marinas;

(18) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities;

(19) Tourist information and assistance centers;

(20) Historical, cultural, natural, or folklore sites;

(21) Fair and exhibition facilities;

(22) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts;

(23) Airports, passenger or freight terminals, and hangars and related facilities;

(24) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; and slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities;

(25) Public transportation facilities;

(26) Public water systems and related transmission and distribution facilities; storage facilities, wells, and impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights;

(27) Sewer collection systems and treatment plants;

(28) Maintenance and storage buildings and facilities;

(29) Incinerators, and garbage and solid waste collection disposal, compacting, and recycling facilities of every kind; and

(30) Social and rehabilitative services facilities.

Acts 1975, No. 142, § 4; 1975 (Extended Sess., 1976), No. 1224, § 1; 1977, No. 446, § 2; 1981, No. 857, § 1; 1981 (Ex. Sess.), No. 18, § 3; 1981 (Ex. Sess.), No. 23, § 8(b); 1985, No. 973, §§ 1, 2; A.S.A. 1947, §§ 20-1704, 20-1704.2; Acts 1987, No. 929, § 1; reen. Acts 1987, No. 1012, § 1; Acts 1989, No. 55, § 1; 1991, No. 279, § 1; 1993, No. 349, § 1; 1997, No. 208, § 10.
Ark. Code Ann. § 14-59-103 — AR Code / Title 14 / Chapter 59 / Section 14-59-103
Exemption for other systems
Status: in_force

(a) In the event any municipality feels its system of bookkeeping is such that it equals or exceeds the basic system prescribed by this chapter, the municipality may request a review by the Legislative Joint Auditing Committee. (b) Upon the committee's concurrence with these facts, it may issue a certificate to the municipality stating that the municipality's accounting system is of a degree of sophistication such that the basic requirements of this chapter are being met and exempting the municipality from the requirements of the particulars of the system prescribed by this chapter. Acts 1973, No. 159, § 14; A.S.A. 1947, § 19-5314.

(a) In the event any municipality feels its system of bookkeeping is such that it equals or exceeds the basic system prescribed by this chapter, the municipality may request a review by the Legislative Joint Auditing Committee.

(b) Upon the committee's concurrence with these facts, it may issue a certificate to the municipality stating that the municipality's accounting system is of a degree of sophistication such that the basic requirements of this chapter are being met and exempting the municipality from the requirements of the particulars of the system prescribed by this chapter.

Acts 1973, No. 159, § 14; A.S.A. 1947, § 19-5314.
Ark. Code Ann. § 14-1-302 — AR Code / Title 14 / Chapter 1 / Subchapter 3 / Section 14-1-302
Definitions
Status: in_force

As used in this subchapter: (1) "Adult arcade" means any place where the public is permitted or invited and where a still or motion picture machine, projector, or other image-producing device is: (A) Coin-operated or slug-operated or electronically, electrically, or mechanically controlled; and (B) Maintained to show an image or images involving a specific sexual activity or a specific anatomical area to a person in a booth or viewing room; (2) "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one (1) of its principal business purposes: (A) A book, magazine, periodical or other printed matter, photograph, film, motion picture, videocassette, reproduction, slide, or other visual representation that depicts or describes a specific sexual activity; or (B) An instrument, a device, or paraphernalia that is designed for use in connection with a specific sexual activity; (3) "Adult cabaret" means any nightclub, bar, restaurant, or other similar commercial establishment that regularly features a: (A) Person who appears in a state of nudity or who is seminude; (B) Live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity; or (C) Film, motion picture, videocassette, slide, or other photographic reproduction that is characterized by the depiction or description of a specific sexual activity or a specific anatomical area; (4) "Adult live entertainment establishment" means an establishment that features either a: (A) Person who appears in a state of nudity; or (B) Live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity; (5) "Adult motion picture theater" means a commercial establishment in which for any form of consideration a film, motion picture, videocassette, slide, or other similar photographic reproduction characterized by the depiction or description of a specific sexual activity or a specific anatomical area is predominantly shown; (6) "Adult-oriented business" means an adult arcade, an adult bookstore or video store, an adult cabaret, an adult live entertainment establishment, an adult motion picture theater, an adult theater, a massage establishment that offers adult services, an escort agency, or a nude model studio; (7) "Adult-oriented performance" means a performance that is intended to appeal to the prurient interest and that features: (A) A person who appears in a state of nudity or is seminude; (B) The purposeful exposure, whether complete or partial, of: (i) A specific anatomical area; or (ii) Prosthetic genitalia or breasts; or (C) A specific sexual activity; (8) "Adult theater" means a theater, a concert hall, an auditorium, or a similar commercial establishment that predominantly features a person who appears in a state of nudity or who engages in a live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity; (9) "Child care facility" means a facility that is licensed by the Division of Child Care and Early Childhood Education to provide care or supervision for minor children; (10) "Escort" means a person who: (A) For consideration agrees or offers to act as a date for another person; or (B) Agrees or offers to privately model lingerie or to privately perform a striptease for another person; (11) "Escort agency" means a person or business association that furnishes, offers to furnish, or advertises the furnishing of an escort as one (1) of its primary business purposes for any fee, tip, or other consideration; (12) "Local unit of government" means a city of the first class, a city of the second class, an incorporated town, or a county; (13) "Massage establishment that offers adult services" means an establishment that offers massage services characterized by an emphasis on a specific sexual activity or a specific anatomical area; (14) "Minor" means an individual who is less than eighteen (18) years of age; (15) "Nude", "nudity", or "state of nudity" means any of the following: (A) The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or (B) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola; (16) (A) "Nude model studio" means a place where a person who appears in a state of nudity or who displays a specific anatomical area is observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by another person for money or other consideration. (B) "Nude model studio" does not include a proprietary school that is licensed by this state, a college, community college, or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college, or university that is supported entirely or in part by taxation, or a structure containing an establishment to which the following apply: (i) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing; (ii) A person must enroll at least three (3) days in advance of a class in order to participate; and (iii) No more than one (1) nude or seminude model is on the premises at a time; (17) "Park" means any area primarily intended for recreational use that is dedicated or designated by any federal, state, or local unit of government, local agency or entity, or any private individual, business, or group including any land leased, reserved, or held open to the public for use as a park; (18) "Place of worship" means a structure where persons regularly assemble for worship, ceremonies, rituals, and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs, or architectural features; (19) "Playground" means any: (A) Public park or outdoor recreational area with play equipment installed and designed to be used by children; and (B) Outdoor recreational area with play equipment installed that is owned and operated by a charitable organization or a business; (20) "Public funds" means funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through a governmental body; (21) "Public library" means: (A) A city library established under § 13-2-501 et seq.; (B) A county library established under § 13-2-401 et seq.; (C) A joint city-county library established under § 13-2-401 et seq. or § 13-2-501 et seq.; and (D) Any other library system established under § 13-2-401 et seq., § 13-2-501 et seq., or the Regional Library System Law, § 13-2-901 et seq.; (22) "Recreational area or facility" means an area or facility open to the public for recreational purposes; (23) "Residence" means a permanent dwelling place; (24) "School" means a public or private elementary, secondary, charter, or postsecondary school; (25) "Seminude" means a state of dress for which clothing covers no more than the genitals, the pubic region, and a female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices; (26) "Specific anatomical area" means any of the following: (A) A human anus, genitals, pubic region, or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered; or (B) Male genitals in a discernibly turgid state if less than completely and opaquely covered; (27) "Specific sexual activity" means any of the following: (A) A sex act, actual or simulated, including an act of human masturbation, sexual intercourse, oral copulation, or sodomy; or (B) Fondling or other erotic touching of a human genital, a pubic region, a buttock, an anus, or a female breast; and (28) "Walking trail" means a pedestrian trail or path primarily used for walking but also for cycling or other activities. Amended by Act 2023, No. 131,§ 1, eff. 8/1/2023. Acts 2007, No. 387, § 1.

As used in this subchapter:

(1) "Adult arcade" means any place where the public is permitted or invited and where a still or motion picture machine, projector, or other image-producing device is: (A) Coin-operated or slug-operated or electronically, electrically, or mechanically controlled; and (B) Maintained to show an image or images involving a specific sexual activity or a specific anatomical area to a person in a booth or viewing room;

(A) Coin-operated or slug-operated or electronically, electrically, or mechanically controlled; and

(B) Maintained to show an image or images involving a specific sexual activity or a specific anatomical area to a person in a booth or viewing room;

(2) "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one (1) of its principal business purposes: (A) A book, magazine, periodical or other printed matter, photograph, film, motion picture, videocassette, reproduction, slide, or other visual representation that depicts or describes a specific sexual activity; or (B) An instrument, a device, or paraphernalia that is designed for use in connection with a specific sexual activity;

(A) A book, magazine, periodical or other printed matter, photograph, film, motion picture, videocassette, reproduction, slide, or other visual representation that depicts or describes a specific sexual activity; or

(B) An instrument, a device, or paraphernalia that is designed for use in connection with a specific sexual activity;

(3) "Adult cabaret" means any nightclub, bar, restaurant, or other similar commercial establishment that regularly features a: (A) Person who appears in a state of nudity or who is seminude; (B) Live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity; or (C) Film, motion picture, videocassette, slide, or other photographic reproduction that is characterized by the depiction or description of a specific sexual activity or a specific anatomical area;

(A) Person who appears in a state of nudity or who is seminude;

(B) Live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity; or

(C) Film, motion picture, videocassette, slide, or other photographic reproduction that is characterized by the depiction or description of a specific sexual activity or a specific anatomical area;

(4) "Adult live entertainment establishment" means an establishment that features either a: (A) Person who appears in a state of nudity; or (B) Live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity;

(A) Person who appears in a state of nudity; or

(B) Live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity;

(5) "Adult motion picture theater" means a commercial establishment in which for any form of consideration a film, motion picture, videocassette, slide, or other similar photographic reproduction characterized by the depiction or description of a specific sexual activity or a specific anatomical area is predominantly shown;

(6) "Adult-oriented business" means an adult arcade, an adult bookstore or video store, an adult cabaret, an adult live entertainment establishment, an adult motion picture theater, an adult theater, a massage establishment that offers adult services, an escort agency, or a nude model studio;

(7) "Adult-oriented performance" means a performance that is intended to appeal to the prurient interest and that features: (A) A person who appears in a state of nudity or is seminude; (B) The purposeful exposure, whether complete or partial, of: (i) A specific anatomical area; or (ii) Prosthetic genitalia or breasts; or (C) A specific sexual activity;

(A) A person who appears in a state of nudity or is seminude;

(B) The purposeful exposure, whether complete or partial, of: (i) A specific anatomical area; or (ii) Prosthetic genitalia or breasts; or

(i) A specific anatomical area; or

(ii) Prosthetic genitalia or breasts; or

(C) A specific sexual activity;

(8) "Adult theater" means a theater, a concert hall, an auditorium, or a similar commercial establishment that predominantly features a person who appears in a state of nudity or who engages in a live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity;

(9) "Child care facility" means a facility that is licensed by the Division of Child Care and Early Childhood Education to provide care or supervision for minor children;

(10) "Escort" means a person who: (A) For consideration agrees or offers to act as a date for another person; or (B) Agrees or offers to privately model lingerie or to privately perform a striptease for another person;

(A) For consideration agrees or offers to act as a date for another person; or

(B) Agrees or offers to privately model lingerie or to privately perform a striptease for another person;

(11) "Escort agency" means a person or business association that furnishes, offers to furnish, or advertises the furnishing of an escort as one (1) of its primary business purposes for any fee, tip, or other consideration;

(12) "Local unit of government" means a city of the first class, a city of the second class, an incorporated town, or a county;

(13) "Massage establishment that offers adult services" means an establishment that offers massage services characterized by an emphasis on a specific sexual activity or a specific anatomical area;

(14) "Minor" means an individual who is less than eighteen (18) years of age;

(15) "Nude", "nudity", or "state of nudity" means any of the following: (A) The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or (B) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola;

(A) The appearance of a human anus, human genitals, or a female breast below a point immediately above the top of the areola; or

(B) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola;

(16) (A) "Nude model studio" means a place where a person who appears in a state of nudity or who displays a specific anatomical area is observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by another person for money or other consideration. (B) "Nude model studio" does not include a proprietary school that is licensed by this state, a college, community college, or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college, or university that is supported entirely or in part by taxation, or a structure containing an establishment to which the following apply: (i) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing; (ii) A person must enroll at least three (3) days in advance of a class in order to participate; and (iii) No more than one (1) nude or seminude model is on the premises at a time;

(A) "Nude model studio" means a place where a person who appears in a state of nudity or who displays a specific anatomical area is observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by another person for money or other consideration.

(B) "Nude model studio" does not include a proprietary school that is licensed by this state, a college, community college, or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college, or university that is supported entirely or in part by taxation, or a structure containing an establishment to which the following apply: (i) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing; (ii) A person must enroll at least three (3) days in advance of a class in order to participate; and (iii) No more than one (1) nude or seminude model is on the premises at a time;

(i) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing;

(ii) A person must enroll at least three (3) days in advance of a class in order to participate; and

(iii) No more than one (1) nude or seminude model is on the premises at a time;

(17) "Park" means any area primarily intended for recreational use that is dedicated or designated by any federal, state, or local unit of government, local agency or entity, or any private individual, business, or group including any land leased, reserved, or held open to the public for use as a park;

(18) "Place of worship" means a structure where persons regularly assemble for worship, ceremonies, rituals, and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs, or architectural features;

(19) "Playground" means any: (A) Public park or outdoor recreational area with play equipment installed and designed to be used by children; and (B) Outdoor recreational area with play equipment installed that is owned and operated by a charitable organization or a business;

(A) Public park or outdoor recreational area with play equipment installed and designed to be used by children; and

(B) Outdoor recreational area with play equipment installed that is owned and operated by a charitable organization or a business;

(20) "Public funds" means funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through a governmental body;

(21) "Public library" means: (A) A city library established under § 13-2-501 et seq.; (B) A county library established under § 13-2-401 et seq.; (C) A joint city-county library established under § 13-2-401 et seq. or § 13-2-501 et seq.; and (D) Any other library system established under § 13-2-401 et seq., § 13-2-501 et seq., or the Regional Library System Law, § 13-2-901 et seq.;

(A) A city library established under § 13-2-501 et seq.;

(B) A county library established under § 13-2-401 et seq.;

(C) A joint city-county library established under § 13-2-401 et seq. or § 13-2-501 et seq.; and

(D) Any other library system established under § 13-2-401 et seq., § 13-2-501 et seq., or the Regional Library System Law, § 13-2-901 et seq.;

(22) "Recreational area or facility" means an area or facility open to the public for recreational purposes;

(23) "Residence" means a permanent dwelling place;

(24) "School" means a public or private elementary, secondary, charter, or postsecondary school;

(25) "Seminude" means a state of dress for which clothing covers no more than the genitals, the pubic region, and a female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices;

(26) "Specific anatomical area" means any of the following: (A) A human anus, genitals, pubic region, or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered; or (B) Male genitals in a discernibly turgid state if less than completely and opaquely covered;

(A) A human anus, genitals, pubic region, or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered; or

(B) Male genitals in a discernibly turgid state if less than completely and opaquely covered;

(27) "Specific sexual activity" means any of the following: (A) A sex act, actual or simulated, including an act of human masturbation, sexual intercourse, oral copulation, or sodomy; or (B) Fondling or other erotic touching of a human genital, a pubic region, a buttock, an anus, or a female breast; and

(A) A sex act, actual or simulated, including an act of human masturbation, sexual intercourse, oral copulation, or sodomy; or

(B) Fondling or other erotic touching of a human genital, a pubic region, a buttock, an anus, or a female breast; and

(28) "Walking trail" means a pedestrian trail or path primarily used for walking but also for cycling or other activities.

Amended by Act 2023, No. 131,§ 1, eff. 8/1/2023.

Acts 2007, No. 387, § 1.
Ark. Code Ann. § 14-91-1104 — AR Code / Title 14 / Chapter 91 / Subchapter 11 / Section 14-91-1104
Plans not exceeding cost limit
Status: in_force

(a) If the estimate of cost of making and completing the improvements according to the changed plans does not exceed the limit of cost to be borne by the landowners in the improvement district as limited by the statute in force at the time the second or majority petition is filed, or by a majority petition, the assessors shall immediately proceed to make a reassessment of benefits to be derived from the making of the improvements according to the changed plans. (b) The reassessment shall be filed, advertised, and heard, and the time for any complaints against it shall be limited, as is provided for on the original assessment in the district. Acts 1925, No. 238, § 4; A.S.A. 1947, § 20-305.

(a) If the estimate of cost of making and completing the improvements according to the changed plans does not exceed the limit of cost to be borne by the landowners in the improvement district as limited by the statute in force at the time the second or majority petition is filed, or by a majority petition, the assessors shall immediately proceed to make a reassessment of benefits to be derived from the making of the improvements according to the changed plans.

(b) The reassessment shall be filed, advertised, and heard, and the time for any complaints against it shall be limited, as is provided for on the original assessment in the district.

Acts 1925, No. 238, § 4; A.S.A. 1947, § 20-305.
Ark. Code Ann. § 14-184-102 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-102
Purpose
Status: in_force

This subchapter shall be construed as cumulative of existing laws relating to the creation, operation, and existence of municipal improvement districts and shall not repeal any existing law unless the law is in direct conflict with this subchapter. It is the intent of this subchapter to provide additional authority to municipalities for creation of improvement districts and to authorize and enumerate additional powers for these districts. Acts 1973, No. 162, § 24; A.S.A. 1947, § 20-1623.

This subchapter shall be construed as cumulative of existing laws relating to the creation, operation, and existence of municipal improvement districts and shall not repeal any existing law unless the law is in direct conflict with this subchapter. It is the intent of this subchapter to provide additional authority to municipalities for creation of improvement districts and to authorize and enumerate additional powers for these districts.

Acts 1973, No. 162, § 24; A.S.A. 1947, § 20-1623.
Ark. Code Ann. § 14-90-1408 — AR Code / Title 14 / Chapter 90 / Subchapter 14 / Section 14-90-1408
Publication of notice
Status: in_force

(a) (1) The warning order or notice of the pendency of a suit under this subchapter shall be given by publication weekly for two (2) weeks before judgment is entered for the sale of the lands, lots, blocks, or parcels of land, or railroad tracks and rights-of-way in some newspaper published in the county where the suits may be pending. (2) The warning order or notice may be in the following terms: Click here to view form. (b) The service by notice as provided in this section shall be just as effective and binding on the property as though service was had under § 14-90-1003 . Acts 1937, No. 207, §§ 3, 8; Pope's Dig., §§ 7315, 7320; Acts 1939, No. 130, § 1; A.S.A. 1947, §§ 20-443, 20-447.

(a) (1) The warning order or notice of the pendency of a suit under this subchapter shall be given by publication weekly for two (2) weeks before judgment is entered for the sale of the lands, lots, blocks, or parcels of land, or railroad tracks and rights-of-way in some newspaper published in the county where the suits may be pending. (2) The warning order or notice may be in the following terms: Click here to view form.

(1) The warning order or notice of the pendency of a suit under this subchapter shall be given by publication weekly for two (2) weeks before judgment is entered for the sale of the lands, lots, blocks, or parcels of land, or railroad tracks and rights-of-way in some newspaper published in the county where the suits may be pending.

(2) The warning order or notice may be in the following terms: Click here to view form.

Click here to view form.

(b) The service by notice as provided in this section shall be just as effective and binding on the property as though service was had under § 14-90-1003 .

Acts 1937, No. 207, §§ 3, 8; Pope's Dig., §§ 7315, 7320; Acts 1939, No. 130, § 1; A.S.A. 1947, §§ 20-443, 20-447.

90_1408_1 - Attachment
Ark. Code Ann. § 14-57-605 — AR Code / Title 14 / Chapter 57 / Subchapter 6 / Section 14-57-605
Election for issuance of revenue bonds
Status: in_force

(a) (1) Whenever the legislative body of any municipality shall determine to exercise the power granted by this subchapter, it shall state the purpose and cause an estimate to be made of cost of such purpose. (2) (A) If the cost is greater than the legislative body deems should be paid in a single year, it shall, by ordinance, provide for an election to be called for the issuance of revenue bonds under the provisions of this subchapter. (B) The ordinance shall set forth: (i) A brief description of the purpose of the bond issue. If for more than one (1) purpose, provision shall be made in the ordinance for balloting on each separate purpose; (ii) The estimated cost thereof; (iii) The amount of the bond issue; (iv) The rate of interest; (v) The time of payment; and (vi) Other details in connection with the issuance of bonds. (b) (1) The election shall be held and conducted and the vote thereof canvassed and the result declared under the law and in the manner provided for municipal elections, so far as it may be applicable, except as otherwise provided in this section. (2) (A) Notice of the election shall be given by the presiding officer of the legislative body of the issuing municipality by advertisement once a week for four (4) consecutive weeks in some newspaper published in the municipality or, if no newspaper is published therein, in a newspaper having a bona fide and general circulation therein. (B) (i) The first publication shall be not less than thirty (30) days prior to the date of the election. (ii) This shall be the sole notice required for the election. (3) Only qualified voters of the municipality shall have the right to vote at the election. (4) (A) The result of the election, after the vote has been canvassed by the county board of election commissioners, shall be proclaimed by the presiding officer of the legislative body. His proclamation shall be published one (1) time in some newspaper published in the municipality or, if none is published therein, in a newspaper having a bona fide circulation therein. (B) The result as proclaimed shall be conclusive unless attacked in the courts within thirty (30) days after the date of the publication of the proclamation. (5) The expenses of the election shall be paid in the manner prescribed by law. (6) In the event a majority of electors voting in the election approve the issuance of the bonds, the legislative body shall then have power to issue bonds, which shall bear interest at not more than five percent (5%) per annum, payable semiannually. The bonds shall be payable at such times, not exceeding thirty (30) years from their date, as shall be prescribed by the ordinance authorizing their issuance. Acts 1951, No. 269, § 3; A.S.A. 1947, § 19-3525.

(a) (1) Whenever the legislative body of any municipality shall determine to exercise the power granted by this subchapter, it shall state the purpose and cause an estimate to be made of cost of such purpose. (2) (A) If the cost is greater than the legislative body deems should be paid in a single year, it shall, by ordinance, provide for an election to be called for the issuance of revenue bonds under the provisions of this subchapter. (B) The ordinance shall set forth: (i) A brief description of the purpose of the bond issue. If for more than one (1) purpose, provision shall be made in the ordinance for balloting on each separate purpose; (ii) The estimated cost thereof; (iii) The amount of the bond issue; (iv) The rate of interest; (v) The time of payment; and (vi) Other details in connection with the issuance of bonds.

(1) Whenever the legislative body of any municipality shall determine to exercise the power granted by this subchapter, it shall state the purpose and cause an estimate to be made of cost of such purpose.

(2) (A) If the cost is greater than the legislative body deems should be paid in a single year, it shall, by ordinance, provide for an election to be called for the issuance of revenue bonds under the provisions of this subchapter. (B) The ordinance shall set forth: (i) A brief description of the purpose of the bond issue. If for more than one (1) purpose, provision shall be made in the ordinance for balloting on each separate purpose; (ii) The estimated cost thereof; (iii) The amount of the bond issue; (iv) The rate of interest; (v) The time of payment; and (vi) Other details in connection with the issuance of bonds.

(A) If the cost is greater than the legislative body deems should be paid in a single year, it shall, by ordinance, provide for an election to be called for the issuance of revenue bonds under the provisions of this subchapter.

(B) The ordinance shall set forth: (i) A brief description of the purpose of the bond issue. If for more than one (1) purpose, provision shall be made in the ordinance for balloting on each separate purpose; (ii) The estimated cost thereof; (iii) The amount of the bond issue; (iv) The rate of interest; (v) The time of payment; and (vi) Other details in connection with the issuance of bonds.

(i) A brief description of the purpose of the bond issue. If for more than one (1) purpose, provision shall be made in the ordinance for balloting on each separate purpose;

(ii) The estimated cost thereof;

(iii) The amount of the bond issue;

(iv) The rate of interest;

(v) The time of payment; and

(vi) Other details in connection with the issuance of bonds.

(b) (1) The election shall be held and conducted and the vote thereof canvassed and the result declared under the law and in the manner provided for municipal elections, so far as it may be applicable, except as otherwise provided in this section. (2) (A) Notice of the election shall be given by the presiding officer of the legislative body of the issuing municipality by advertisement once a week for four (4) consecutive weeks in some newspaper published in the municipality or, if no newspaper is published therein, in a newspaper having a bona fide and general circulation therein. (B) (i) The first publication shall be not less than thirty (30) days prior to the date of the election. (ii) This shall be the sole notice required for the election. (3) Only qualified voters of the municipality shall have the right to vote at the election. (4) (A) The result of the election, after the vote has been canvassed by the county board of election commissioners, shall be proclaimed by the presiding officer of the legislative body. His proclamation shall be published one (1) time in some newspaper published in the municipality or, if none is published therein, in a newspaper having a bona fide circulation therein. (B) The result as proclaimed shall be conclusive unless attacked in the courts within thirty (30) days after the date of the publication of the proclamation. (5) The expenses of the election shall be paid in the manner prescribed by law. (6) In the event a majority of electors voting in the election approve the issuance of the bonds, the legislative body shall then have power to issue bonds, which shall bear interest at not more than five percent (5%) per annum, payable semiannually. The bonds shall be payable at such times, not exceeding thirty (30) years from their date, as shall be prescribed by the ordinance authorizing their issuance.

(1) The election shall be held and conducted and the vote thereof canvassed and the result declared under the law and in the manner provided for municipal elections, so far as it may be applicable, except as otherwise provided in this section.

(2) (A) Notice of the election shall be given by the presiding officer of the legislative body of the issuing municipality by advertisement once a week for four (4) consecutive weeks in some newspaper published in the municipality or, if no newspaper is published therein, in a newspaper having a bona fide and general circulation therein. (B) (i) The first publication shall be not less than thirty (30) days prior to the date of the election. (ii) This shall be the sole notice required for the election.

(A) Notice of the election shall be given by the presiding officer of the legislative body of the issuing municipality by advertisement once a week for four (4) consecutive weeks in some newspaper published in the municipality or, if no newspaper is published therein, in a newspaper having a bona fide and general circulation therein.

(B) (i) The first publication shall be not less than thirty (30) days prior to the date of the election. (ii) This shall be the sole notice required for the election.

(i) The first publication shall be not less than thirty (30) days prior to the date of the election.

(ii) This shall be the sole notice required for the election.

(3) Only qualified voters of the municipality shall have the right to vote at the election.

(4) (A) The result of the election, after the vote has been canvassed by the county board of election commissioners, shall be proclaimed by the presiding officer of the legislative body. His proclamation shall be published one (1) time in some newspaper published in the municipality or, if none is published therein, in a newspaper having a bona fide circulation therein. (B) The result as proclaimed shall be conclusive unless attacked in the courts within thirty (30) days after the date of the publication of the proclamation.

(A) The result of the election, after the vote has been canvassed by the county board of election commissioners, shall be proclaimed by the presiding officer of the legislative body. His proclamation shall be published one (1) time in some newspaper published in the municipality or, if none is published therein, in a newspaper having a bona fide circulation therein.

(B) The result as proclaimed shall be conclusive unless attacked in the courts within thirty (30) days after the date of the publication of the proclamation.

(5) The expenses of the election shall be paid in the manner prescribed by law.

(6) In the event a majority of electors voting in the election approve the issuance of the bonds, the legislative body shall then have power to issue bonds, which shall bear interest at not more than five percent (5%) per annum, payable semiannually. The bonds shall be payable at such times, not exceeding thirty (30) years from their date, as shall be prescribed by the ordinance authorizing their issuance.

Acts 1951, No. 269, § 3; A.S.A. 1947, § 19-3525.
Ark. Code Ann. § 14-125-502 — AR Code / Title 14 / Chapter 125 / Subchapter 5 / Section 14-125-502
Contents of regulations - Uniformity
Status: in_force

(a) The regulations to be adopted by the directors under the provisions of this subchapter may include: (1) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures; (2) Provisions requiring observance of particular methods of cultivation including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands with water-conserving and erosion-preventing plants, trees, and grasses, forestation, and reforestation; (3) Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; (4) Provisions for such other means, measures, operations, and programs as may assist conservation of soil resources and prevent or control soil erosion in the district, having due regard for the legislative findings set forth in §§ 14-125-102 - 14-125-104 . (b) The regulations shall be uniform throughout the territory comprised within the district except that the directors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors and may provide regulations varying with the type or class of land affected but uniform as to all lands within each class or type. Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.

(a) The regulations to be adopted by the directors under the provisions of this subchapter may include: (1) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures; (2) Provisions requiring observance of particular methods of cultivation including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands with water-conserving and erosion-preventing plants, trees, and grasses, forestation, and reforestation; (3) Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; (4) Provisions for such other means, measures, operations, and programs as may assist conservation of soil resources and prevent or control soil erosion in the district, having due regard for the legislative findings set forth in §§ 14-125-102 - 14-125-104 .

(1) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures;

(2) Provisions requiring observance of particular methods of cultivation including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands with water-conserving and erosion-preventing plants, trees, and grasses, forestation, and reforestation;

(3) Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on;

(4) Provisions for such other means, measures, operations, and programs as may assist conservation of soil resources and prevent or control soil erosion in the district, having due regard for the legislative findings set forth in §§ 14-125-102 - 14-125-104 .

(b) The regulations shall be uniform throughout the territory comprised within the district except that the directors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors and may provide regulations varying with the type or class of land affected but uniform as to all lands within each class or type.

Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Ark. Code Ann. § 14-138-110 — AR Code / Title 14 / Chapter 138 / Section 14-138-110
Powers generally
Status: in_force

The corporation shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof: (1) To have succession by its corporate name until dissolved as provided in this chapter; (2) To sue and be sued and to prosecute and defend suits in any court having jurisdiction of the subject matter and of the parties; (3) To make use of a corporate seal and to alter it at pleasure; (4) To adopt and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire, whether by purchase, gift, lease, devise, or otherwise, property of every description which the board may deem necessary to the acquisition, construction, equipment, improvement, enlargement, operation, or maintenance of a project, and to hold title thereto; (6) To construct, enlarge, equip, improve, maintain, and operate one (1) or more projects; (7) To borrow money for any of its corporate purposes; (8) To sell and issue its interest-bearing revenue bonds; (9) To sell and issue refunding revenue bonds; (10) To secure any of its bonds by pledge and indenture as provided in this chapter; (11) To appoint, employ, and compensate such agents, architects, engineers, attorneys, and other persons and employees as the business of the corporation may require; (12) To provide for such insurance as the board may deem advisable; (13) To invest in obligations that are direct or guaranteed obligations of the United States of America, or other securities in which public funds may be invested under the laws of this state, any of its funds that the board may determine are not presently needed for its corporate purposes; (14) To contract, lease, and make lease agreements respecting its properties, or any part thereof; and (15) To sell, convey, or otherwise dispose of any of its properties that may have become obsolete or worn out, or that may no longer be needed or useful in connection with, or in the operation of, any project. Acts 1967, No. 409, § 8; A.S.A. 1947, § 19-5108.

The corporation shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof:

(1) To have succession by its corporate name until dissolved as provided in this chapter;

(2) To sue and be sued and to prosecute and defend suits in any court having jurisdiction of the subject matter and of the parties;

(3) To make use of a corporate seal and to alter it at pleasure;

(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;

(5) To acquire, whether by purchase, gift, lease, devise, or otherwise, property of every description which the board may deem necessary to the acquisition, construction, equipment, improvement, enlargement, operation, or maintenance of a project, and to hold title thereto;

(6) To construct, enlarge, equip, improve, maintain, and operate one (1) or more projects;

(7) To borrow money for any of its corporate purposes;

(8) To sell and issue its interest-bearing revenue bonds;

(9) To sell and issue refunding revenue bonds;

(10) To secure any of its bonds by pledge and indenture as provided in this chapter;

(11) To appoint, employ, and compensate such agents, architects, engineers, attorneys, and other persons and employees as the business of the corporation may require;

(12) To provide for such insurance as the board may deem advisable;

(13) To invest in obligations that are direct or guaranteed obligations of the United States of America, or other securities in which public funds may be invested under the laws of this state, any of its funds that the board may determine are not presently needed for its corporate purposes;

(14) To contract, lease, and make lease agreements respecting its properties, or any part thereof; and

(15) To sell, convey, or otherwise dispose of any of its properties that may have become obsolete or worn out, or that may no longer be needed or useful in connection with, or in the operation of, any project.

Acts 1967, No. 409, § 8; A.S.A. 1947, § 19-5108.
Ark. Code Ann. § 14-360-309 — AR Code / Title 14 / Chapter 360 / Subchapter 3 / Section 14-360-309
Borrowing of funds and revenue bonds - Performance required
Status: in_force

(a) Subject to such restrictions as may be contained in the ordinance authorizing the issuance of the bonds issued under this subchapter or other contract with the bondholders as well as such restrictions contained in contracts with the bondholders of other prior issues, any holder of bonds issued under the provisions of this subchapter or of any coupon representing interest accrued thereon may, by proper suit, compel the performance of the duties of the officials of the issuing city or its airport commission set forth in this subchapter. (b) If there is default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to operate the buildings, structures, or other improvements authorized by this subchapter on behalf of the city or its airport commission with power to operate or lease them in order to obtain funds for the payment of the bonds and interest thereon, and for the payment of the operation and maintenance expenses, and to apply the income and revenues in conformity with this subchapter and the ordinance providing for the issuance of the bonds. (c) Any covenants and agreements entered into by the city shall be binding in all respects upon successive governing bodies of the city and the airport commission and its successors in accordance with the terms of such covenants and agreements. Acts 1959, No. 175, § 4; 1970, (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.

(a) Subject to such restrictions as may be contained in the ordinance authorizing the issuance of the bonds issued under this subchapter or other contract with the bondholders as well as such restrictions contained in contracts with the bondholders of other prior issues, any holder of bonds issued under the provisions of this subchapter or of any coupon representing interest accrued thereon may, by proper suit, compel the performance of the duties of the officials of the issuing city or its airport commission set forth in this subchapter.

(b) If there is default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to operate the buildings, structures, or other improvements authorized by this subchapter on behalf of the city or its airport commission with power to operate or lease them in order to obtain funds for the payment of the bonds and interest thereon, and for the payment of the operation and maintenance expenses, and to apply the income and revenues in conformity with this subchapter and the ordinance providing for the issuance of the bonds.

(c) Any covenants and agreements entered into by the city shall be binding in all respects upon successive governing bodies of the city and the airport commission and its successors in accordance with the terms of such covenants and agreements.

Acts 1959, No. 175, § 4; 1970, (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.
Ark. Code Ann. § 14-218-127 — AR Code / Title 14 / Chapter 218 / Section 14-218-127
Operation of plants by city - Use of income
Status: in_force

(a) The city in which the consolidated district is located, through its proper officers, shall have full power and authority to operate the consolidated plant and system acquired and improved by the consolidated district instead of the board of improvement of the consolidated district. (b) The city may supply water, light, and power to private consumers and make and collect proper charges for such service; the gross income derived therefrom shall be first devoted by the city to the payment of operating expenses. (c) The income derived from the operation after paying operating expenses shall be annually paid by the city to the board of improvement. (d) So much of the amount so received by the board of improvement as may be necessary for the purpose shall be used by the board of improvement for the maintenance and improvement of the consolidated system. Any balance not so expended may be used by the board of improvement in paying indebtedness theretofore incurred by the consolidated district. (e) None of the provisions of this section shall apply to any consolidated improvement district or districts consolidated by a special act of the General Assembly. Acts 1927, No. 350, § 30; Pope's Dig., § 7429; A.S.A. 1947, § 20-531.

(a) The city in which the consolidated district is located, through its proper officers, shall have full power and authority to operate the consolidated plant and system acquired and improved by the consolidated district instead of the board of improvement of the consolidated district.

(b) The city may supply water, light, and power to private consumers and make and collect proper charges for such service; the gross income derived therefrom shall be first devoted by the city to the payment of operating expenses.

(c) The income derived from the operation after paying operating expenses shall be annually paid by the city to the board of improvement.

(d) So much of the amount so received by the board of improvement as may be necessary for the purpose shall be used by the board of improvement for the maintenance and improvement of the consolidated system. Any balance not so expended may be used by the board of improvement in paying indebtedness theretofore incurred by the consolidated district.

(e) None of the provisions of this section shall apply to any consolidated improvement district or districts consolidated by a special act of the General Assembly.

Acts 1927, No. 350, § 30; Pope's Dig., § 7429; A.S.A. 1947, § 20-531.
Ark. Code Ann. § 14-234-207 — AR Code / Title 14 / Chapter 234 / Subchapter 2 / Section 14-234-207
Bonds - Amount - Negotiability - Execution - Sale
Status: in_force

(a) Bonds shall be issued in such amounts as may be necessary to provide sufficient funds to pay all costs of construction or acquisition, including engineering, legal, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion. (b) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments. (c) They shall be executed by the presiding officer and clerk or recorder of the municipality and be sealed with the corporate seal of the municipality. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before delivery of the bonds, the signature shall nevertheless be valid and sufficient for all purposes the same as if the officers had remained in office until delivery. (d) The bonds may be sold at not less than ninety cents (90¢)on the dollar. The proceeds derived therefrom shall be used exclusively for the purposes for which the bonds are issued. Bonds may be sold at one time or in parcels as funds are needed. Acts 1933, No. 131, § 5; Pope's Dig., § 10004; A.S.A. 1947, § 19-4205.

(a) Bonds shall be issued in such amounts as may be necessary to provide sufficient funds to pay all costs of construction or acquisition, including engineering, legal, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion.

(b) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments.

(c) They shall be executed by the presiding officer and clerk or recorder of the municipality and be sealed with the corporate seal of the municipality. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before delivery of the bonds, the signature shall nevertheless be valid and sufficient for all purposes the same as if the officers had remained in office until delivery.

(d) The bonds may be sold at not less than ninety cents (90¢)on the dollar. The proceeds derived therefrom shall be used exclusively for the purposes for which the bonds are issued. Bonds may be sold at one time or in parcels as funds are needed.

Acts 1933, No. 131, § 5; Pope's Dig., § 10004; A.S.A. 1947, § 19-4205.
Ark. Code Ann. § 14-137-103 — AR Code / Title 14 / Chapter 137 / Section 14-137-103
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Public facilities board" or "board" means any board organized pursuant to the provisions of this chapter; (2) "State" means the State of Arkansas; (3) "Municipality" means any incorporated city or town in this state; (4) "County" means any county in this state; (5) "Governing body" means the council, board of directors, or other like body in which the legislative functions of a municipality are vested, or the quorum court of the county as it shall have been duly constituted and acting as the legislative body of the county pursuant to the provisions of Arkansas Constitution, Amendment 55, or if not so constituted and acting, the county court of the county; (6) "Facilities" means real property, personal property, or mixed property of any and every kind including, without limitation, rights-of-way, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, buildings, and other improvements of every kind; (7) "Health care facilities" means facilities for furnishing physical or mental health care including, without limitation, hospitals, nursing homes, rest homes, long-term care facilities, and offices and clinics of doctors of medicine, dentists, optometrists, podiatrists, chiropractors, and related facilities; (8) "Residential housing facilities" means facilities for single and multifamily residential housing units of any and all kinds and such other facilities as are incidental or appurtenant thereto; (9) "Off-street parking facilities" means facilities for the off-street parking of motor vehicles on, above, or below ground level including, without limitation, lots, garages, decks, and such other facilities as are incidental or appurtenant thereto; (10) "Recreational and tourist facilities" means facilities for the securing and developing of athletics, recreation, relaxation, travel, entertainment, cultural development, and other recreational and tourism activities including, without limitation, hotels, motels, inns, lodges, camping centers, folklore facilities, cultural development facilities, auditoriums, convention facilities, restaurants in connection with other facilities for the securing and developing of recreation or tourism, parks, scenic roadways and walkways, stadiums, arts and crafts centers, museums, marinas, swimming pools, tennis courts, golf courses, gymnasiums, transportation facilities, park facilities, and tourist information and assistance centers, and recreation areas; (11) "Waterworks facilities" means facilities for the furnishing of water for domestic, commercial, agricultural, and industrial purposes including, without limitation, mains, hydrants, meters, valves, standpipes, storage tanks, pumping tanks, intakes, wells, impounding reservoirs, purification plants, and lakes, watercourses, or water supplies pertaining thereto; (12) "Sewer facilities" means facilities for the collection, treatment, and disposal of sewage, liquid and solid waste, and industrial waste; (13) "Acquire" means to obtain, at any time by gift, purchase, or other arrangement, any project or any portion of a project, whether theretofore constructed and equipped, theretofore partially constructed and equipped, or being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the board shall determine; (14) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as determined by the board, under the circumstances existing at the time, as will most effectively serve the purposes of this chapter; (15) "Equip" means to install or place in or on any building or structure equipment of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (16) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the board shall determine and the granting of such extension and purchase options for such prices and upon such terms and conditions as the board shall determine; (17) "Sell" means to sell for such price, in such manner, and upon such terms as the board shall determine including, without limitiation, public or private sale, and if public, pursuant to such advertisement as the public facilities board shall determine, for cash or on credit payable in lump sum or in such installments as the board shall determine, and if on credit, with or without interest and at such rate as the board may determine; (18) "Ordinance" means, as to counties in which the quorum court of the county is not at the time duly constituted and acting as the legislative body of the county pursuant to the provisions of Arkansas Constitution, Amendment 55, an order of the county court of the county; (19) "Lend" means to extend credit, make a loan to, acquire the obligations of, and generally, without limitation, engage in the financing of any facilities which the board shall have authority to construct, acquire, or equip pursuant to this chapter, upon such terms and with such security as the board deems suitable; (20) "Energy facilities" means facilities in residential, agricultural, commercial, or industrial applications which: (A) Reduce the amount of energy required to perform desired tasks; or (B) Utilize renewable energy resources to supply energy needs; (21) "Renewable energy resources" means any technology or source of energy which: (A) Does not depend on the use of depletable fossil fuels such as oil, natural gas, and coal, or nuclear fuels; and (B) Makes use of nondepletable supplies of energy including, without limitation, solar, wind, bioconversion, falling or flowing water, geothermal deposits, or municipal, commercial, industrial, agricultural, or individual waste products, or makes use of cogeneration technology for the production of energy; (22) "Educational facilities" means real, personal, and mixed property of any and every kind intended for use by an educational institution in furtherance of its educational program including, but not limited to, dormitories, classrooms, laboratories, athletic fields, administrative buildings, utilities, equipment, and other property for use therein or thereon; (23) "Emergency medical health care facilities" means real, personal, and mixed property of any and every kind used to furnish emergency medical health care and emergency medical services including, but not limited to: (A) Ambulances or vehicles specifically designed, equipped, and licensed for transporting the sick or injured; (B) Emergency medical equipment and supplies; (C) Dispatching and other communication systems; (D) Computers for billing, collections, and system design and control; and (E) Training and administrative facilities; (24) "Hydroelectric power project" means any facilities intended to be employed in the generation of electrical energy by the use of water as the source of generating power, whether standing, running, or falling, and facilities incidental or related thereto. Acts 1975, No. 142, § 3; 1977, No. 446, § 1; 1981, No. 52, § 2; 1981, No. 231, § 2; 1981, No. 703, § 1; 1981, No. 827, § 2; 1981 (Ex. Sess.), No. 18, § 2; 1981 (Ex. Sess.), No. 23, § 8(a); A.S.A. 1947, § 20-1703; Acts 1989, No. 55, § 2.

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

(1) "Public facilities board" or "board" means any board organized pursuant to the provisions of this chapter;

(2) "State" means the State of Arkansas;

(3) "Municipality" means any incorporated city or town in this state;

(4) "County" means any county in this state;

(5) "Governing body" means the council, board of directors, or other like body in which the legislative functions of a municipality are vested, or the quorum court of the county as it shall have been duly constituted and acting as the legislative body of the county pursuant to the provisions of Arkansas Constitution, Amendment 55, or if not so constituted and acting, the county court of the county;

(6) "Facilities" means real property, personal property, or mixed property of any and every kind including, without limitation, rights-of-way, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, buildings, and other improvements of every kind;

(7) "Health care facilities" means facilities for furnishing physical or mental health care including, without limitation, hospitals, nursing homes, rest homes, long-term care facilities, and offices and clinics of doctors of medicine, dentists, optometrists, podiatrists, chiropractors, and related facilities;

(8) "Residential housing facilities" means facilities for single and multifamily residential housing units of any and all kinds and such other facilities as are incidental or appurtenant thereto;

(9) "Off-street parking facilities" means facilities for the off-street parking of motor vehicles on, above, or below ground level including, without limitation, lots, garages, decks, and such other facilities as are incidental or appurtenant thereto;

(10) "Recreational and tourist facilities" means facilities for the securing and developing of athletics, recreation, relaxation, travel, entertainment, cultural development, and other recreational and tourism activities including, without limitation, hotels, motels, inns, lodges, camping centers, folklore facilities, cultural development facilities, auditoriums, convention facilities, restaurants in connection with other facilities for the securing and developing of recreation or tourism, parks, scenic roadways and walkways, stadiums, arts and crafts centers, museums, marinas, swimming pools, tennis courts, golf courses, gymnasiums, transportation facilities, park facilities, and tourist information and assistance centers, and recreation areas;

(11) "Waterworks facilities" means facilities for the furnishing of water for domestic, commercial, agricultural, and industrial purposes including, without limitation, mains, hydrants, meters, valves, standpipes, storage tanks, pumping tanks, intakes, wells, impounding reservoirs, purification plants, and lakes, watercourses, or water supplies pertaining thereto;

(12) "Sewer facilities" means facilities for the collection, treatment, and disposal of sewage, liquid and solid waste, and industrial waste;

(13) "Acquire" means to obtain, at any time by gift, purchase, or other arrangement, any project or any portion of a project, whether theretofore constructed and equipped, theretofore partially constructed and equipped, or being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the board shall determine;

(14) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as determined by the board, under the circumstances existing at the time, as will most effectively serve the purposes of this chapter;

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

(16) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the board shall determine and the granting of such extension and purchase options for such prices and upon such terms and conditions as the board shall determine;

(17) "Sell" means to sell for such price, in such manner, and upon such terms as the board shall determine including, without limitiation, public or private sale, and if public, pursuant to such advertisement as the public facilities board shall determine, for cash or on credit payable in lump sum or in such installments as the board shall determine, and if on credit, with or without interest and at such rate as the board may determine;

(18) "Ordinance" means, as to counties in which the quorum court of the county is not at the time duly constituted and acting as the legislative body of the county pursuant to the provisions of Arkansas Constitution, Amendment 55, an order of the county court of the county;

(19) "Lend" means to extend credit, make a loan to, acquire the obligations of, and generally, without limitation, engage in the financing of any facilities which the board shall have authority to construct, acquire, or equip pursuant to this chapter, upon such terms and with such security as the board deems suitable;

(20) "Energy facilities" means facilities in residential, agricultural, commercial, or industrial applications which: (A) Reduce the amount of energy required to perform desired tasks; or (B) Utilize renewable energy resources to supply energy needs;

(A) Reduce the amount of energy required to perform desired tasks; or

(B) Utilize renewable energy resources to supply energy needs;

(21) "Renewable energy resources" means any technology or source of energy which: (A) Does not depend on the use of depletable fossil fuels such as oil, natural gas, and coal, or nuclear fuels; and (B) Makes use of nondepletable supplies of energy including, without limitation, solar, wind, bioconversion, falling or flowing water, geothermal deposits, or municipal, commercial, industrial, agricultural, or individual waste products, or makes use of cogeneration technology for the production of energy;

(A) Does not depend on the use of depletable fossil fuels such as oil, natural gas, and coal, or nuclear fuels; and

(B) Makes use of nondepletable supplies of energy including, without limitation, solar, wind, bioconversion, falling or flowing water, geothermal deposits, or municipal, commercial, industrial, agricultural, or individual waste products, or makes use of cogeneration technology for the production of energy;

(22) "Educational facilities" means real, personal, and mixed property of any and every kind intended for use by an educational institution in furtherance of its educational program including, but not limited to, dormitories, classrooms, laboratories, athletic fields, administrative buildings, utilities, equipment, and other property for use therein or thereon;

(23) "Emergency medical health care facilities" means real, personal, and mixed property of any and every kind used to furnish emergency medical health care and emergency medical services including, but not limited to: (A) Ambulances or vehicles specifically designed, equipped, and licensed for transporting the sick or injured; (B) Emergency medical equipment and supplies; (C) Dispatching and other communication systems; (D) Computers for billing, collections, and system design and control; and (E) Training and administrative facilities;

(A) Ambulances or vehicles specifically designed, equipped, and licensed for transporting the sick or injured;

(B) Emergency medical equipment and supplies;

(C) Dispatching and other communication systems;

(D) Computers for billing, collections, and system design and control; and

(E) Training and administrative facilities;

(24) "Hydroelectric power project" means any facilities intended to be employed in the generation of electrical energy by the use of water as the source of generating power, whether standing, running, or falling, and facilities incidental or related thereto.

Acts 1975, No. 142, § 3; 1977, No. 446, § 1; 1981, No. 52, § 2; 1981, No. 231, § 2; 1981, No. 703, § 1; 1981, No. 827, § 2; 1981 (Ex. Sess.), No. 18, § 2; 1981 (Ex. Sess.), No. 23, § 8(a); A.S.A. 1947, § 20-1703; Acts 1989, No. 55, § 2.
Ark. Code Ann. § 14-267-109 — AR Code / Title 14 / Chapter 267 / Section 14-267-109
Bonds - Indebtedness as special obligation - Payment of principal and interest
Status: in_force

(a) The bonds issued under this chapter shall not be general obligations of the municipality or county but shall be special obligations. In no event shall the bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. (b) It shall be plainly stated on the face of each bond that the same has been issued under the provisions of this chapter, and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation. (c) The principal of and interest on the bonds shall be secured by a pledge of, and shall be payable from, revenues derived from the pollution control project acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds. (d) In addition, the municipality or county is authorized to pledge to and use for the payment of the principal of and interest on the bonds, together with other expenses in connection therewith, surplus revenues derived from water, sewer, gas, and electric utilities owned by the municipality or county. (e) Surplus revenues, as used in this section, are defined to mean revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, or indentures securing bonds, theretofore and thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the utilities, have been fully met and complied with. Acts 1973, No. 247, § 5; 1985, No. 453, § 1; A.S.A. 1947, § 13-1905.

(a) The bonds issued under this chapter shall not be general obligations of the municipality or county but shall be special obligations. In no event shall the bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation.

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

(c) The principal of and interest on the bonds shall be secured by a pledge of, and shall be payable from, revenues derived from the pollution control project acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds.

(d) In addition, the municipality or county is authorized to pledge to and use for the payment of the principal of and interest on the bonds, together with other expenses in connection therewith, surplus revenues derived from water, sewer, gas, and electric utilities owned by the municipality or county.

(e) Surplus revenues, as used in this section, are defined to mean revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, or indentures securing bonds, theretofore and thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the utilities, have been fully met and complied with.

Acts 1973, No. 247, § 5; 1985, No. 453, § 1; A.S.A. 1947, § 13-1905.
Ark. Code Ann. § 14-93-132 — AR Code / Title 14 / Chapter 93 / Section 14-93-132
Connections outside district boundaries
Status: in_force

(a) All districts organized pursuant to the provisions of this chapter for the purposes of constructing waterworks, sewers, gas pipelines, or telephone lines shall have the authority to permit lands outside the boundaries of the district to connect to these improvements and transmission lines serving the lands with water, sewer, gas, and telephone improvements of the district and to make a charge for this privilege. (b) (1) The commissioners of the district shall have the right to consent to or refuse to allow these connections within their discretion. (2) (A) These connections shall be made on such terms as the commissioners may dictate. However, no lands outside the district shall be permitted to connect with the improvements of the district except on payment to the district of a sum equal to not less than the charge made against similarly benefited lands within the district. (B) In case connections have theretofore been made without the payment of a charge for the connection, the district may refuse to allow service to the lands until permission for the connection is granted and the charge for the service is paid to the district. Acts 1985, No. 296, § 6; A.S.A. 1947, § 20-2425.

(a) All districts organized pursuant to the provisions of this chapter for the purposes of constructing waterworks, sewers, gas pipelines, or telephone lines shall have the authority to permit lands outside the boundaries of the district to connect to these improvements and transmission lines serving the lands with water, sewer, gas, and telephone improvements of the district and to make a charge for this privilege.

(b) (1) The commissioners of the district shall have the right to consent to or refuse to allow these connections within their discretion. (2) (A) These connections shall be made on such terms as the commissioners may dictate. However, no lands outside the district shall be permitted to connect with the improvements of the district except on payment to the district of a sum equal to not less than the charge made against similarly benefited lands within the district. (B) In case connections have theretofore been made without the payment of a charge for the connection, the district may refuse to allow service to the lands until permission for the connection is granted and the charge for the service is paid to the district.

(1) The commissioners of the district shall have the right to consent to or refuse to allow these connections within their discretion.

(2) (A) These connections shall be made on such terms as the commissioners may dictate. However, no lands outside the district shall be permitted to connect with the improvements of the district except on payment to the district of a sum equal to not less than the charge made against similarly benefited lands within the district. (B) In case connections have theretofore been made without the payment of a charge for the connection, the district may refuse to allow service to the lands until permission for the connection is granted and the charge for the service is paid to the district.

(A) These connections shall be made on such terms as the commissioners may dictate. However, no lands outside the district shall be permitted to connect with the improvements of the district except on payment to the district of a sum equal to not less than the charge made against similarly benefited lands within the district.

(B) In case connections have theretofore been made without the payment of a charge for the connection, the district may refuse to allow service to the lands until permission for the connection is granted and the charge for the service is paid to the district.

Acts 1985, No. 296, § 6; A.S.A. 1947, § 20-2425.
Ark. Code Ann. § 14-89-203 — AR Code / Title 14 / Chapter 89 / Subchapter 2 / Section 14-89-203
Electric streetlight districts in cities with a population of more than 10,000
Status: in_force

Improvement districts for the purpose of installing electric streetlights in cities having more than ten thousand (10,000) inhabitants may borrow money for the purpose of doing the work of construction at a rate of interest provided in the resolution of the board of improvement and may mortgage their improvements and pledge their income as security for the money borrowed, and they may execute negotiable bonds for the money borrowed. Acts 1929, No. 207, § 2; 1981, No. 425, § 31; A.S.A. 1947, § 20-202.

Improvement districts for the purpose of installing electric streetlights in cities having more than ten thousand (10,000) inhabitants may borrow money for the purpose of doing the work of construction at a rate of interest provided in the resolution of the board of improvement and may mortgage their improvements and pledge their income as security for the money borrowed, and they may execute negotiable bonds for the money borrowed.

Acts 1929, No. 207, § 2; 1981, No. 425, § 31; A.S.A. 1947, § 20-202.
Ark. Code Ann. § 14-202-104 — AR Code / Title 14 / Chapter 202 / Section 14-202-104
Contracts to acquire interest in project
Status: in_force

(a) The acquisition of an interest in a project may include the purchase or lease by mutual voluntary agreement with another person or municipality of an existing project or an interest therein or the participation in the planning, engineering, and legal aspects of preparing for the construction of and securing necessary state, local, or federal permits for the construction of a proposed project or a project on which construction begun but not been completed. (b) Any contract entered into by a municipality with respect to an interest in, and operation of, a project shall be authorized by ordinance of the governing body of the municipality and shall contain such terms, conditions, and provisions as the governing body of the municipality shall determine to be necessary or desirable. Any contract may include, but shall not be limited to, the following: (1) The purpose or purposes of the contract; (2) The duration of the contract; (3) The manner of appointing or employing the personnel necessary in connection with the project; (4) The method of financing the project, including the apportionment of costs and revenues; (5) Provisions specifying the ownership interests of the parties in real property, or portions thereof, used or useful in connection with the project and the procedures for the disposition of such property when the contract expires, is terminated, or when the project, for any reason, is abandoned, decommissioned, or dismantled; (6) Provisions relating to alienation and partition of a municipality's undivided interest in a project; (7) Provisions permitting or requiring the exchange by the municipality with other municipalities, persons, or public utilities of an interest in one (1) or more portions of a project for an interest in one (1) or more other portions of the project and specifying the procedure therefor; (8) Appropriate provisions pertaining to the details of accomplishing the acquisition, including provisions that authorize a person, including one (1) of the parties to the contract, a public utility, or a third party, to construct the project as agent for all the parties; (9) Provisions for the operation and maintenance of a project, including provisions that authorize a person, including one (1) of the parties to the contract, a public utility, or a third party, to operate and maintain the project as agent for all the parties; (10) Provisions that if one (1) or more of the parties shall default in the performance or discharge of its or their obligations with respect to the project, one (1) or more of the other parties shall assume, pro rata, or otherwise, the obligations of such defaulting party or parties and succeed to such rights and interests of the defaulting parties in the project as may be agreed upon in the contract; (11) Methods of amending the contract; (12) Methods for terminating the contract; and (13) Any other necessary or proper matter. (c) It shall not be necessary for the municipality to publish any such contract if the ordinance authorizing the contract is published as required by law governing the publication of ordinances of a municipality, the ordinance advises that a copy of the contract is on file in the office of the clerk of the municipality for inspection by any interested person, and the copy of the contract is filed with the clerk of the municipality. Acts 1979, No. 5, § 4; A.S.A. 1947, § 19-5604; Acts 2001, No. 988, § 3; 2007, No. 236, § 2.

(a) The acquisition of an interest in a project may include the purchase or lease by mutual voluntary agreement with another person or municipality of an existing project or an interest therein or the participation in the planning, engineering, and legal aspects of preparing for the construction of and securing necessary state, local, or federal permits for the construction of a proposed project or a project on which construction begun but not been completed.

(b) Any contract entered into by a municipality with respect to an interest in, and operation of, a project shall be authorized by ordinance of the governing body of the municipality and shall contain such terms, conditions, and provisions as the governing body of the municipality shall determine to be necessary or desirable. Any contract may include, but shall not be limited to, the following: (1) The purpose or purposes of the contract; (2) The duration of the contract; (3) The manner of appointing or employing the personnel necessary in connection with the project; (4) The method of financing the project, including the apportionment of costs and revenues; (5) Provisions specifying the ownership interests of the parties in real property, or portions thereof, used or useful in connection with the project and the procedures for the disposition of such property when the contract expires, is terminated, or when the project, for any reason, is abandoned, decommissioned, or dismantled; (6) Provisions relating to alienation and partition of a municipality's undivided interest in a project; (7) Provisions permitting or requiring the exchange by the municipality with other municipalities, persons, or public utilities of an interest in one (1) or more portions of a project for an interest in one (1) or more other portions of the project and specifying the procedure therefor; (8) Appropriate provisions pertaining to the details of accomplishing the acquisition, including provisions that authorize a person, including one (1) of the parties to the contract, a public utility, or a third party, to construct the project as agent for all the parties; (9) Provisions for the operation and maintenance of a project, including provisions that authorize a person, including one (1) of the parties to the contract, a public utility, or a third party, to operate and maintain the project as agent for all the parties; (10) Provisions that if one (1) or more of the parties shall default in the performance or discharge of its or their obligations with respect to the project, one (1) or more of the other parties shall assume, pro rata, or otherwise, the obligations of such defaulting party or parties and succeed to such rights and interests of the defaulting parties in the project as may be agreed upon in the contract; (11) Methods of amending the contract; (12) Methods for terminating the contract; and (13) Any other necessary or proper matter.

(1) The purpose or purposes of the contract;

(2) The duration of the contract;

(3) The manner of appointing or employing the personnel necessary in connection with the project;

(4) The method of financing the project, including the apportionment of costs and revenues;

(5) Provisions specifying the ownership interests of the parties in real property, or portions thereof, used or useful in connection with the project and the procedures for the disposition of such property when the contract expires, is terminated, or when the project, for any reason, is abandoned, decommissioned, or dismantled;

(6) Provisions relating to alienation and partition of a municipality's undivided interest in a project;

(7) Provisions permitting or requiring the exchange by the municipality with other municipalities, persons, or public utilities of an interest in one (1) or more portions of a project for an interest in one (1) or more other portions of the project and specifying the procedure therefor;

(8) Appropriate provisions pertaining to the details of accomplishing the acquisition, including provisions that authorize a person, including one (1) of the parties to the contract, a public utility, or a third party, to construct the project as agent for all the parties;

(9) Provisions for the operation and maintenance of a project, including provisions that authorize a person, including one (1) of the parties to the contract, a public utility, or a third party, to operate and maintain the project as agent for all the parties;

(10) Provisions that if one (1) or more of the parties shall default in the performance or discharge of its or their obligations with respect to the project, one (1) or more of the other parties shall assume, pro rata, or otherwise, the obligations of such defaulting party or parties and succeed to such rights and interests of the defaulting parties in the project as may be agreed upon in the contract;

(11) Methods of amending the contract;

(12) Methods for terminating the contract; and

(13) Any other necessary or proper matter.

(c) It shall not be necessary for the municipality to publish any such contract if the ordinance authorizing the contract is published as required by law governing the publication of ordinances of a municipality, the ordinance advises that a copy of the contract is on file in the office of the clerk of the municipality for inspection by any interested person, and the copy of the contract is filed with the clerk of the municipality.

Acts 1979, No. 5, § 4; A.S.A. 1947, § 19-5604; Acts 2001, No. 988, § 3; 2007, No. 236, § 2.
Ark. Code Ann. § 14-120-313 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-313
Board of assessors
Status: in_force

The duly constituted board of assessors of the levee district, drainage district, or levee and drainage district, which shall have consolidated the duties, obligations, and purposes required of it by the acts under which it was originally created, and acts amendatory thereto, with the duties, obligations, and purposes required of it to carry out the flood control and drainage operations assumed by it under subchapter 2 of this chapter, and amendments thereto, shall constitute a board of assessors for the purpose of ascertaining, determining, and fixing the increase in value or betterment which will annually accrue to 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 within the boundaries of the district. Acts 1961, No. 20, § 8; A.S.A. 1947, § 21-846.

The duly constituted board of assessors of the levee district, drainage district, or levee and drainage district, which shall have consolidated the duties, obligations, and purposes required of it by the acts under which it was originally created, and acts amendatory thereto, with the duties, obligations, and purposes required of it to carry out the flood control and drainage operations assumed by it under subchapter 2 of this chapter, and amendments thereto, shall constitute a board of assessors for the purpose of ascertaining, determining, and fixing the increase in value or betterment which will annually accrue to 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 within the boundaries of the district.

Acts 1961, No. 20, § 8; A.S.A. 1947, § 21-846.
Ark. Code Ann. § 14-188-103 — AR Code / Title 14 / Chapter 188 / Section 14-188-103
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Area of operation" means all areas within the county, except those areas lying within the corporate limits of cities and towns which have a population of more than nine thousand (9,000) or such part of the area as may be designated as an area of operation under this chapter; (2) "Bonds" means any bonds, notes, interim certificates, debentures, or other evidences of indebtedness issued by a rural development authority pursuant to this chapter; (3) "County" means any county in this state; (4) "Federal government" means the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America; (5) "Governing body" means the county court of any county and, in the case of other state public bodies, the council, commission, board, city council, or other body having charge of the management of the affairs of the state public body; (6) "Healthcare facilities" means facilities for furnishing physical or mental healthcare services, including without limitation: (A) Hospitals, emergency medical care facilities, and related facilities; and (B) Real property, personal property, or mixed property of any kind, including: (i) Rights-of-way; (ii) Utilities; (iii) Materials; (iv) Equipment; (v) Fixtures; (vi) Machinery; (vii) Furniture; (viii) Furnishings; (ix) Buildings; and (x) Other related improvements; (7) "Rural development authority", "development authority", or "authority" means any of the public corporations created pursuant to the provisions of this chapter; (8) "Rural development project", "development project", or "project" means without limitation any work or undertaking: (A) To develop recreational facilities; (B) To acquire the types of land enumerated for any of the following purposes: (i) Submarginal or low-yielding land to convert it to conservation, grazing, forestry, fish and wildlife propagation, or recreation or desirable long-range economic uses; (ii) Land suitable for cultivation that, because of diverse ownership or location, may be made available by the owners of it and consolidated with other similar tracts in the establishment of adequate farming units or consolidated with land devoted to uses other than crop production; (iii) Land suitable for cultivation which becomes available in large blocks upon the death or retirement of the operator or which, because of technological changes or economic conditions, may be made available by the owners of it for diverse ownership and operations as adequate farming units; (iv) Land necessary or desirable for soil and water conservation, flood prevention, watershed protection, drainage, water storage and use, anti-pollution or sanitation uses and other public services or facilities, or necessary rights-of-way and access roads; (C) For installation, construction, and improvements to utility facilities, roads, parks, conservation practices and measures, flood control and drainage structures and facilities, dams, wells, and reservoirs, pipelines, waterworks, and other devices for the development, storage, and utilization of water for agricultural, domestic, industrial, and community purposes, the development or improvement of sanitation measures, including sewage and sewage disposal facilities and anti-pollution measures, and the construction, operation, maintenance, and repair of any housing project, or part of it; or (D) For the acquisition, construction, operation, maintenance, and improvement of healthcare facilities; and (9) "State public body" means any city, town, county, municipal corporation, commission, district, authority, or other political subdivision of this state. Amended by Act 2019, No. 830,§ 4, eff. 4/9/2019. Amended by Act 2019, No. 830,§ 3, eff. 4/9/2019. Amended by Act 2019, No. 830,§ 2, eff. 4/9/2019. Acts 1963, No. 172, § 3; 1967, No. 75, §§ 1, 2; A.S.A. 1947, § 20-1403.

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

(1) "Area of operation" means all areas within the county, except those areas lying within the corporate limits of cities and towns which have a population of more than nine thousand (9,000) or such part of the area as may be designated as an area of operation under this chapter;

(2) "Bonds" means any bonds, notes, interim certificates, debentures, or other evidences of indebtedness issued by a rural development authority pursuant to this chapter;

(3) "County" means any county in this state;

(4) "Federal government" means the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America;

(5) "Governing body" means the county court of any county and, in the case of other state public bodies, the council, commission, board, city council, or other body having charge of the management of the affairs of the state public body;

(6) "Healthcare facilities" means facilities for furnishing physical or mental healthcare services, including without limitation: (A) Hospitals, emergency medical care facilities, and related facilities; and (B) Real property, personal property, or mixed property of any kind, including: (i) Rights-of-way; (ii) Utilities; (iii) Materials; (iv) Equipment; (v) Fixtures; (vi) Machinery; (vii) Furniture; (viii) Furnishings; (ix) Buildings; and (x) Other related improvements;

(A) Hospitals, emergency medical care facilities, and related facilities; and

(B) Real property, personal property, or mixed property of any kind, including: (i) Rights-of-way; (ii) Utilities; (iii) Materials; (iv) Equipment; (v) Fixtures; (vi) Machinery; (vii) Furniture; (viii) Furnishings; (ix) Buildings; and (x) Other related improvements;

(i) Rights-of-way;

(ii) Utilities;

(iii) Materials;

(iv) Equipment;

(v) Fixtures;

(vi) Machinery;

(vii) Furniture;

(viii) Furnishings;

(ix) Buildings; and

(x) Other related improvements;

(7) "Rural development authority", "development authority", or "authority" means any of the public corporations created pursuant to the provisions of this chapter;

(8) "Rural development project", "development project", or "project" means without limitation any work or undertaking: (A) To develop recreational facilities; (B) To acquire the types of land enumerated for any of the following purposes: (i) Submarginal or low-yielding land to convert it to conservation, grazing, forestry, fish and wildlife propagation, or recreation or desirable long-range economic uses; (ii) Land suitable for cultivation that, because of diverse ownership or location, may be made available by the owners of it and consolidated with other similar tracts in the establishment of adequate farming units or consolidated with land devoted to uses other than crop production; (iii) Land suitable for cultivation which becomes available in large blocks upon the death or retirement of the operator or which, because of technological changes or economic conditions, may be made available by the owners of it for diverse ownership and operations as adequate farming units; (iv) Land necessary or desirable for soil and water conservation, flood prevention, watershed protection, drainage, water storage and use, anti-pollution or sanitation uses and other public services or facilities, or necessary rights-of-way and access roads; (C) For installation, construction, and improvements to utility facilities, roads, parks, conservation practices and measures, flood control and drainage structures and facilities, dams, wells, and reservoirs, pipelines, waterworks, and other devices for the development, storage, and utilization of water for agricultural, domestic, industrial, and community purposes, the development or improvement of sanitation measures, including sewage and sewage disposal facilities and anti-pollution measures, and the construction, operation, maintenance, and repair of any housing project, or part of it; or (D) For the acquisition, construction, operation, maintenance, and improvement of healthcare facilities; and

(A) To develop recreational facilities;

(B) To acquire the types of land enumerated for any of the following purposes: (i) Submarginal or low-yielding land to convert it to conservation, grazing, forestry, fish and wildlife propagation, or recreation or desirable long-range economic uses; (ii) Land suitable for cultivation that, because of diverse ownership or location, may be made available by the owners of it and consolidated with other similar tracts in the establishment of adequate farming units or consolidated with land devoted to uses other than crop production; (iii) Land suitable for cultivation which becomes available in large blocks upon the death or retirement of the operator or which, because of technological changes or economic conditions, may be made available by the owners of it for diverse ownership and operations as adequate farming units; (iv) Land necessary or desirable for soil and water conservation, flood prevention, watershed protection, drainage, water storage and use, anti-pollution or sanitation uses and other public services or facilities, or necessary rights-of-way and access roads;

(i) Submarginal or low-yielding land to convert it to conservation, grazing, forestry, fish and wildlife propagation, or recreation or desirable long-range economic uses;

(ii) Land suitable for cultivation that, because of diverse ownership or location, may be made available by the owners of it and consolidated with other similar tracts in the establishment of adequate farming units or consolidated with land devoted to uses other than crop production;

(iii) Land suitable for cultivation which becomes available in large blocks upon the death or retirement of the operator or which, because of technological changes or economic conditions, may be made available by the owners of it for diverse ownership and operations as adequate farming units;

(iv) Land necessary or desirable for soil and water conservation, flood prevention, watershed protection, drainage, water storage and use, anti-pollution or sanitation uses and other public services or facilities, or necessary rights-of-way and access roads;

(C) For installation, construction, and improvements to utility facilities, roads, parks, conservation practices and measures, flood control and drainage structures and facilities, dams, wells, and reservoirs, pipelines, waterworks, and other devices for the development, storage, and utilization of water for agricultural, domestic, industrial, and community purposes, the development or improvement of sanitation measures, including sewage and sewage disposal facilities and anti-pollution measures, and the construction, operation, maintenance, and repair of any housing project, or part of it; or

(D) For the acquisition, construction, operation, maintenance, and improvement of healthcare facilities; and

(9) "State public body" means any city, town, county, municipal corporation, commission, district, authority, or other political subdivision of this state.

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

Amended by Act 2019, No. 830,§ 3, eff. 4/9/2019.

Amended by Act 2019, No. 830,§ 2, eff. 4/9/2019.

Acts 1963, No. 172, § 3; 1967, No. 75, §§ 1, 2; A.S.A. 1947, § 20-1403.
Ark. Code Ann. § 14-316-306 — AR Code / Title 14 / Chapter 316 / Subchapter 3 / Section 14-316-306
Bidding by district - Conveyance of indefeasible title
Status: in_force

In any case where property is offered for sale by the commissioner as provided in § 14-316-305 and the sum of the taxes, together with the interest, costs, and penalty, is not bid for the property, the commissioner shall bid therefor, in the name of the district, the whole amount due as aforesaid, and shall execute his deed therefor, as in other cases under this subchapter, conveying the property to the district. All deeds, when executed in conformity with the provisions of this subchapter and recorded, shall be as evidence in all cases showing an indefeasible title in the purchaser, unassailable either at law or in equity. Acts 1939, No. 56, § 4; A.S.A. 1947, § 76-1210.

In any case where property is offered for sale by the commissioner as provided in § 14-316-305 and the sum of the taxes, together with the interest, costs, and penalty, is not bid for the property, the commissioner shall bid therefor, in the name of the district, the whole amount due as aforesaid, and shall execute his deed therefor, as in other cases under this subchapter, conveying the property to the district. All deeds, when executed in conformity with the provisions of this subchapter and recorded, shall be as evidence in all cases showing an indefeasible title in the purchaser, unassailable either at law or in equity.

Acts 1939, No. 56, § 4; A.S.A. 1947, § 76-1210.
Ark. Code Ann. § 14-138-114 — AR Code / Title 14 / Chapter 138 / Section 14-138-114
Issuance of bonds
Status: in_force

(a) (1) The corporation is authorized at any time and from time to time to issue its interest-bearing revenue bonds for the purpose of acquiring, constructing, improving, enlarging, completing, and equipping one (1) or more projects. (2) The principal of and the interest on any bonds shall be payable solely out of the revenues derived from the projects with respect to which the bonds are issued. (3) None of the bonds of the corporation shall ever constitute an obligation or debt of the state or the lessee, or a charge against the credit or taxing powers of the state or the lessee. (b) As the corporation shall determine, bonds of the corporation may: (1) Be issued at any time and from time to time; (2) Be coupon bonds, payable to bearer, or may be registrable as to 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, bonds payable to bearer or bonds registrable as to principal only with coupons, or bonds registrable as to both principal and interest without coupons; (3) Be in such form and denominations; (4) Have such date or dates; (5) 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; (6) Bear interest payable at such times and at such rate or rates; (7) Be payable at such place or places within or without the State of Arkansas; (8) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and (9) Contain such other terms and provisions. (c) (1) Bonds of the corporation may be sold at either public or private sale in such manner and from time to time as may be determined by the board to be most advantageous. (2) The corporation may pay all expenses, premiums, and commissions that the board may deem necessary or advantageous in connection with the authorization, sale, and issuance of its bonds. (d) All bonds shall contain a recital that they are issued pursuant to the provisions of this chapter which recital shall be conclusive that they have been duly authorized pursuant to the provisions of this chapter. (e) All bonds issued under the provisions of this chapter shall be and are declared to be negotiable instruments within the meaning of the negotiable instruments law of the state. Acts 1967, No. 409, § 10; 1970 (Ex. Sess.), No. 32, § 1; 1981, No. 425, § 35; A.S.A. 1947, § 19-5110.

(a) (1) The corporation is authorized at any time and from time to time to issue its interest-bearing revenue bonds for the purpose of acquiring, constructing, improving, enlarging, completing, and equipping one (1) or more projects. (2) The principal of and the interest on any bonds shall be payable solely out of the revenues derived from the projects with respect to which the bonds are issued. (3) None of the bonds of the corporation shall ever constitute an obligation or debt of the state or the lessee, or a charge against the credit or taxing powers of the state or the lessee.

(1) The corporation is authorized at any time and from time to time to issue its interest-bearing revenue bonds for the purpose of acquiring, constructing, improving, enlarging, completing, and equipping one (1) or more projects.

(2) The principal of and the interest on any bonds shall be payable solely out of the revenues derived from the projects with respect to which the bonds are issued.

(3) None of the bonds of the corporation shall ever constitute an obligation or debt of the state or the lessee, or a charge against the credit or taxing powers of the state or the lessee.

(b) As the corporation shall determine, bonds of the corporation may: (1) Be issued at any time and from time to time; (2) Be coupon bonds, payable to bearer, or may be registrable as to 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, bonds payable to bearer or bonds registrable as to principal only with coupons, or bonds registrable as to both principal and interest without coupons; (3) Be in such form and denominations; (4) Have such date or dates; (5) 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; (6) Bear interest payable at such times and at such rate or rates; (7) Be payable at such place or places within or without the State of Arkansas; (8) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and (9) Contain such other terms and provisions.

(1) Be issued at any time and from time to time;

(2) Be coupon bonds, payable to bearer, or may be registrable as to 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, bonds payable to bearer or bonds registrable as to principal only with coupons, or bonds registrable as to both principal and interest without coupons;

(3) Be in such form and denominations;

(4) Have such date or dates;

(5) 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;

(6) Bear interest payable at such times and at such rate or rates;

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

(8) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and

(9) Contain such other terms and provisions.

(c) (1) Bonds of the corporation may be sold at either public or private sale in such manner and from time to time as may be determined by the board to be most advantageous. (2) The corporation may pay all expenses, premiums, and commissions that the board may deem necessary or advantageous in connection with the authorization, sale, and issuance of its bonds.

(1) Bonds of the corporation may be sold at either public or private sale in such manner and from time to time as may be determined by the board to be most advantageous.

(2) The corporation may pay all expenses, premiums, and commissions that the board may deem necessary or advantageous in connection with the authorization, sale, and issuance of its bonds.

(d) All bonds shall contain a recital that they are issued pursuant to the provisions of this chapter which recital shall be conclusive that they have been duly authorized pursuant to the provisions of this chapter.

(e) All bonds issued under the provisions of this chapter shall be and are declared to be negotiable instruments within the meaning of the negotiable instruments law of the state.

Acts 1967, No. 409, § 10; 1970 (Ex. Sess.), No. 32, § 1; 1981, No. 425, § 35; A.S.A. 1947, § 19-5110.
Ark. Code Ann. § 14-235-212 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-212
Contracting with other political subdivisions
Status: in_force

(a) (1) (A) Any municipality operating a sewage collection system or sewage disposal works as defined in this subchapter or which, as provided in this subchapter, has ordered the construction or acquisition of such works, in this section called the "owner", is authorized to contract with one (1) or more other cities, towns, or political subdivisions within the state, in this section called the "lessee". (B) The lessees are authorized to enter into contracts with the owners, for the service of such works to the lessees and their inhabitants, but only to the extent of the capacity of the works without impairing the usefulness of them to the owners, upon such terms and conditions as may be fixed by the sewer committee or sanitary board and approved by ordinance of the respective contracting parties. (2) No such contract shall be made for a period of more than thirty (30) years, in violation of an ordinance authorizing bonds under this subchapter, or in violation of the trust indenture. (b) (1) The lessee shall, by ordinance, have power to establish, change, and adjust, so far as will not impair the rights of bondholders, rates and charges for the service rendered by the works against the owners of the premises served, in the manner provided in § 14-235-223 for establishing, changing, and adjusting rates and charges for the service rendered in the municipality where the works are owned and operated, and the rates or charges shall be collectible and shall be a lien as provided in § 14-235-223 for rates and charges made by the owner. (2) The necessary intercepting sewers and appurtenant works for connecting the works of the owner with the sewerage system of the lessee shall be constructed by the owner or the lessee upon such terms and conditions as may be set forth in the contract, and the cost, or that part of the cost of them which is to be borne by the owner, may be paid as a part of the cost of the works from the proceeds of bonds issued under this subchapter unless otherwise provided by the ordinance or trust indenture prior to the issuance of the bonds. (3) The income received by the owner under any such contract, if so provided in the ordinance or trust indenture, shall be deemed to be a part of the revenues of the works as defined in this subchapter and shall be applied as provided in this subchapter for the application of such revenues. Amended by Act 2013, No. 992,§ 1, eff. 8/16/2013. Acts 1933, No. 132, § 16; Pope's Dig., § 9992; A.S.A. 1947, § 19-4116.

(a) (1) (A) Any municipality operating a sewage collection system or sewage disposal works as defined in this subchapter or which, as provided in this subchapter, has ordered the construction or acquisition of such works, in this section called the "owner", is authorized to contract with one (1) or more other cities, towns, or political subdivisions within the state, in this section called the "lessee". (B) The lessees are authorized to enter into contracts with the owners, for the service of such works to the lessees and their inhabitants, but only to the extent of the capacity of the works without impairing the usefulness of them to the owners, upon such terms and conditions as may be fixed by the sewer committee or sanitary board and approved by ordinance of the respective contracting parties. (2) No such contract shall be made for a period of more than thirty (30) years, in violation of an ordinance authorizing bonds under this subchapter, or in violation of the trust indenture.

(1) (A) Any municipality operating a sewage collection system or sewage disposal works as defined in this subchapter or which, as provided in this subchapter, has ordered the construction or acquisition of such works, in this section called the "owner", is authorized to contract with one (1) or more other cities, towns, or political subdivisions within the state, in this section called the "lessee". (B) The lessees are authorized to enter into contracts with the owners, for the service of such works to the lessees and their inhabitants, but only to the extent of the capacity of the works without impairing the usefulness of them to the owners, upon such terms and conditions as may be fixed by the sewer committee or sanitary board and approved by ordinance of the respective contracting parties.

(A) Any municipality operating a sewage collection system or sewage disposal works as defined in this subchapter or which, as provided in this subchapter, has ordered the construction or acquisition of such works, in this section called the "owner", is authorized to contract with one (1) or more other cities, towns, or political subdivisions within the state, in this section called the "lessee".

(B) The lessees are authorized to enter into contracts with the owners, for the service of such works to the lessees and their inhabitants, but only to the extent of the capacity of the works without impairing the usefulness of them to the owners, upon such terms and conditions as may be fixed by the sewer committee or sanitary board and approved by ordinance of the respective contracting parties.

(2) No such contract shall be made for a period of more than thirty (30) years, in violation of an ordinance authorizing bonds under this subchapter, or in violation of the trust indenture.

(b) (1) The lessee shall, by ordinance, have power to establish, change, and adjust, so far as will not impair the rights of bondholders, rates and charges for the service rendered by the works against the owners of the premises served, in the manner provided in § 14-235-223 for establishing, changing, and adjusting rates and charges for the service rendered in the municipality where the works are owned and operated, and the rates or charges shall be collectible and shall be a lien as provided in § 14-235-223 for rates and charges made by the owner. (2) The necessary intercepting sewers and appurtenant works for connecting the works of the owner with the sewerage system of the lessee shall be constructed by the owner or the lessee upon such terms and conditions as may be set forth in the contract, and the cost, or that part of the cost of them which is to be borne by the owner, may be paid as a part of the cost of the works from the proceeds of bonds issued under this subchapter unless otherwise provided by the ordinance or trust indenture prior to the issuance of the bonds. (3) The income received by the owner under any such contract, if so provided in the ordinance or trust indenture, shall be deemed to be a part of the revenues of the works as defined in this subchapter and shall be applied as provided in this subchapter for the application of such revenues.

(1) The lessee shall, by ordinance, have power to establish, change, and adjust, so far as will not impair the rights of bondholders, rates and charges for the service rendered by the works against the owners of the premises served, in the manner provided in § 14-235-223 for establishing, changing, and adjusting rates and charges for the service rendered in the municipality where the works are owned and operated, and the rates or charges shall be collectible and shall be a lien as provided in § 14-235-223 for rates and charges made by the owner.

(2) The necessary intercepting sewers and appurtenant works for connecting the works of the owner with the sewerage system of the lessee shall be constructed by the owner or the lessee upon such terms and conditions as may be set forth in the contract, and the cost, or that part of the cost of them which is to be borne by the owner, may be paid as a part of the cost of the works from the proceeds of bonds issued under this subchapter unless otherwise provided by the ordinance or trust indenture prior to the issuance of the bonds.

(3) The income received by the owner under any such contract, if so provided in the ordinance or trust indenture, shall be deemed to be a part of the revenues of the works as defined in this subchapter and shall be applied as provided in this subchapter for the application of such revenues.

Amended by Act 2013, No. 992,§ 1, eff. 8/16/2013.

Acts 1933, No. 132, § 16; Pope's Dig., § 9992; A.S.A. 1947, § 19-4116.
Ark. Code Ann. § 14-264-101 — AR Code / Title 14 / Chapter 264 / Section 14-264-101
Construction, applicability, and effect
Status: in_force

(a) Nothing in this chapter shall be construed as repealing any special act previously passed providing for a board of commissioners to administer or operate municipal hospitals, and this chapter shall apply solely to cities of the first class owning or operating hospitals, including hospitals in the process of construction. (b) The provisions of this chapter shall be cumulative and shall not be deemed to repeal or supersede any other plan of operation of any municipal hospital as authorized by law since it is the intention of this chapter to provide an additional method of operation of any municipal hospital subject to the terms of this chapter. Acts 1947, No. 322, § 12; A.S.A. 1947, § 19-4712.

(a) Nothing in this chapter shall be construed as repealing any special act previously passed providing for a board of commissioners to administer or operate municipal hospitals, and this chapter shall apply solely to cities of the first class owning or operating hospitals, including hospitals in the process of construction.

(b) The provisions of this chapter shall be cumulative and shall not be deemed to repeal or supersede any other plan of operation of any municipal hospital as authorized by law since it is the intention of this chapter to provide an additional method of operation of any municipal hospital subject to the terms of this chapter.

Acts 1947, No. 322, § 12; A.S.A. 1947, § 19-4712.
Ark. Code Ann. § 14-360-310 — AR Code / Title 14 / Chapter 360 / Subchapter 3 / Section 14-360-310
Borrowing of funds and revenue bonds - Mortgage lien
Status: in_force

(a) Anything herein to the contrary notwithstanding, the ordinance authorizing issuance of the bonds may impose a foreclosable mortgage lien upon the buildings, structures, or other improvements constructed under the authority of this subchapter and upon the lands upon which such improvements are located. (b) The nature and extent of the mortgage lien may be controlled by the ordinance including, without limitation, provisions pertaining to the release of all, or part of, the lands or improvements from the mortgage lien and the priority of mortgage liens in the event of successive bond issues. (c) Subject to such terms, conditions, and restrictions as may be contained in the ordinance, any holder of bonds issued under the authority of this subchapter or of any coupon attached thereto may, either at law or in equity, enforce the mortgage lien and may, by proper suit, compel the performance of the duties of the officials of the city or its airport commission, as set forth in this subchapter and as set forth in the ordinance authorizing the bonds. Acts 1959, No. 175, § 4; 1970, (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.

(a) Anything herein to the contrary notwithstanding, the ordinance authorizing issuance of the bonds may impose a foreclosable mortgage lien upon the buildings, structures, or other improvements constructed under the authority of this subchapter and upon the lands upon which such improvements are located.

(b) The nature and extent of the mortgage lien may be controlled by the ordinance including, without limitation, provisions pertaining to the release of all, or part of, the lands or improvements from the mortgage lien and the priority of mortgage liens in the event of successive bond issues.

(c) Subject to such terms, conditions, and restrictions as may be contained in the ordinance, any holder of bonds issued under the authority of this subchapter or of any coupon attached thereto may, either at law or in equity, enforce the mortgage lien and may, by proper suit, compel the performance of the duties of the officials of the city or its airport commission, as set forth in this subchapter and as set forth in the ordinance authorizing the bonds.

Acts 1959, No. 175, § 4; 1970, (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.