Ark. Code Ann. § 14-86-2103 — AR Code / Title 14 / Chapter 86 / Subchapter 21 / Section 14-86-2103
County treasurers - Retention of fees
Status: in_force

(a) A county treasurer may retain up to five percent (5%) of all remittances to a fire district in reserve for up to sixty (60) days. (b) Upon approval of the governing body of a fire district, a county treasurer may retain up to ten percent (10%) of all remittances to a fire district in reserve until final settlement is made in December of each year. Acts 2011, No. 210, § 1.

(a) A county treasurer may retain up to five percent (5%) of all remittances to a fire district in reserve for up to sixty (60) days.

(b) Upon approval of the governing body of a fire district, a county treasurer may retain up to ten percent (10%) of all remittances to a fire district in reserve until final settlement is made in December of each year.

Acts 2011, No. 210, § 1.
Ark. Code Ann. § 14-121-443 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-443
Tax to pay off bonds issued for preliminary expenses
Status: in_force

(a) (1) For the purpose of paying the principal and interest of any bonds issued to pay preliminary expenses, either original or refunding bonds, when an assessment of benefits has not been made on the real property of the district, the court by which the district was established shall, when called upon by the commissioners of the district, enter upon its records an order, which shall have all the force and effect of a judgment, providing that there shall be assessed and collected a tax upon the real property of the district. This tax shall be sufficient to pay the bond issue as the bond issue matures, with ten percent (10%) added for unforeseen contingencies, based upon the valuation thereof as shown by the last assessment for county and state purposes. This tax shall be extended upon the tax books of the county and collected in the same manner as may be provided by law for the collection of taxes for state and county purposes, and for his services in making the collection, the collector shall receive a commission of one percent (1%). (2) The tax so levied shall be a lien on all the real property of the district from the time the tax is levied by the court. (3) The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within twenty (20) days from the time the assessment of taxes has been made by the court, and on appeal the presumption shall be in favor of the legality of the tax. (b) The levy and collection of a tax for the payment of bonds issued to pay for preliminary expenses of a district or refunding bonds issued for such purposes shall not operate as an abandonment of the district, but the organization of the district shall be continued until such time as the board of commissioners of the district may deem it advisable to complete the improvements contemplated in the district, or, until it may be deemed advisable to abolish the district in the manner provided in subchapter 10 of this chapter. Acts 1927, No. 59, § 2; Pope's Dig., § 4524; A.S.A. 1947, § 21-560.

(a) (1) For the purpose of paying the principal and interest of any bonds issued to pay preliminary expenses, either original or refunding bonds, when an assessment of benefits has not been made on the real property of the district, the court by which the district was established shall, when called upon by the commissioners of the district, enter upon its records an order, which shall have all the force and effect of a judgment, providing that there shall be assessed and collected a tax upon the real property of the district. This tax shall be sufficient to pay the bond issue as the bond issue matures, with ten percent (10%) added for unforeseen contingencies, based upon the valuation thereof as shown by the last assessment for county and state purposes. This tax shall be extended upon the tax books of the county and collected in the same manner as may be provided by law for the collection of taxes for state and county purposes, and for his services in making the collection, the collector shall receive a commission of one percent (1%). (2) The tax so levied shall be a lien on all the real property of the district from the time the tax is levied by the court. (3) The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within twenty (20) days from the time the assessment of taxes has been made by the court, and on appeal the presumption shall be in favor of the legality of the tax.

(1) For the purpose of paying the principal and interest of any bonds issued to pay preliminary expenses, either original or refunding bonds, when an assessment of benefits has not been made on the real property of the district, the court by which the district was established shall, when called upon by the commissioners of the district, enter upon its records an order, which shall have all the force and effect of a judgment, providing that there shall be assessed and collected a tax upon the real property of the district. This tax shall be sufficient to pay the bond issue as the bond issue matures, with ten percent (10%) added for unforeseen contingencies, based upon the valuation thereof as shown by the last assessment for county and state purposes. This tax shall be extended upon the tax books of the county and collected in the same manner as may be provided by law for the collection of taxes for state and county purposes, and for his services in making the collection, the collector shall receive a commission of one percent (1%).

(2) The tax so levied shall be a lien on all the real property of the district from the time the tax is levied by the court.

(3) The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within twenty (20) days from the time the assessment of taxes has been made by the court, and on appeal the presumption shall be in favor of the legality of the tax.

(b) The levy and collection of a tax for the payment of bonds issued to pay for preliminary expenses of a district or refunding bonds issued for such purposes shall not operate as an abandonment of the district, but the organization of the district shall be continued until such time as the board of commissioners of the district may deem it advisable to complete the improvements contemplated in the district, or, until it may be deemed advisable to abolish the district in the manner provided in subchapter 10 of this chapter.

Acts 1927, No. 59, § 2; Pope's Dig., § 4524; A.S.A. 1947, § 21-560.
Ark. Code Ann. § 14-16-304 — AR Code / Title 14 / Chapter 16 / Subchapter 3 / Section 14-16-304
Authority to issue bonds
Status: in_force

This subchapter shall not limit the authority of any county to lease, let, sell, or convey any real property pursuant to the Arkansas Constitution and the laws of Arkansas concerning the issuance of bonds for the purpose of industrial development and other lawful purposes. Acts 1983, No. 478, § 4; A.S.A. 1947, § 19-2359.

This subchapter shall not limit the authority of any county to lease, let, sell, or convey any real property pursuant to the Arkansas Constitution and the laws of Arkansas concerning the issuance of bonds for the purpose of industrial development and other lawful purposes.

Acts 1983, No. 478, § 4; A.S.A. 1947, § 19-2359.
Ark. Code Ann. § 14-202-118 — AR Code / Title 14 / Chapter 202 / Section 14-202-118
Rates, fees, and charges - Disposition - Pledges
Status: in_force

(a) (1) A municipality is authorized to fix, charge, and collect rates, fees, and charges for electric power and energy from its electric system. (2) For so long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be fixed so as to provide revenues sufficient to pay all costs of and charges and expenses in connection with the proper operation and maintenance of its electric system, including its interest in any project, and all necessary repairs, replacements, or renewals thereof, to pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects or other additions, improvements, and betterments to its electric system, payable from the revenues, to create and maintain reserves as may be required by any ordinance or trust indenture authorizing or securing bonds, and to pay any and all amounts which the municipality may be obligated to pay from electric system revenues by law or contract. (b) Any pledge made by a municipality pursuant to this chapter shall be valid and binding from the date the pledge is made. The revenues so pledged and then held or thereafter received by the municipality or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act. The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the municipality without regard to whether the parties have notice thereof. The ordinance, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner. Acts 1979, No. 5, § 11; A.S.A. 1947, § 19-5611.

(a) (1) A municipality is authorized to fix, charge, and collect rates, fees, and charges for electric power and energy from its electric system. (2) For so long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be fixed so as to provide revenues sufficient to pay all costs of and charges and expenses in connection with the proper operation and maintenance of its electric system, including its interest in any project, and all necessary repairs, replacements, or renewals thereof, to pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects or other additions, improvements, and betterments to its electric system, payable from the revenues, to create and maintain reserves as may be required by any ordinance or trust indenture authorizing or securing bonds, and to pay any and all amounts which the municipality may be obligated to pay from electric system revenues by law or contract.

(1) A municipality is authorized to fix, charge, and collect rates, fees, and charges for electric power and energy from its electric system.

(2) For so long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be fixed so as to provide revenues sufficient to pay all costs of and charges and expenses in connection with the proper operation and maintenance of its electric system, including its interest in any project, and all necessary repairs, replacements, or renewals thereof, to pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects or other additions, improvements, and betterments to its electric system, payable from the revenues, to create and maintain reserves as may be required by any ordinance or trust indenture authorizing or securing bonds, and to pay any and all amounts which the municipality may be obligated to pay from electric system revenues by law or contract.

(b) Any pledge made by a municipality pursuant to this chapter shall be valid and binding from the date the pledge is made. The revenues so pledged and then held or thereafter received by the municipality or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act. The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the municipality without regard to whether the parties have notice thereof. The ordinance, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner.

Acts 1979, No. 5, § 11; A.S.A. 1947, § 19-5611.
Ark. Code Ann. § 14-16-303 — AR Code / Title 14 / Chapter 16 / Subchapter 3 / Section 14-16-303
Implementing legislation
Status: in_force

Each county may provide, by ordinance, for the implementation of this subchapter, but no provision shall be contrary to it. Acts 1983, No. 478, § 3; A.S.A. 1947, § 19-2358.

Each county may provide, by ordinance, for the implementation of this subchapter, but no provision shall be contrary to it.

Acts 1983, No. 478, § 3; A.S.A. 1947, § 19-2358.
Ark. Code Ann. § 14-301-303 — AR Code / Title 14 / Chapter 301 / Subchapter 3 / Section 14-301-303
Hearing - Written consent of abutting owners
Status: in_force

At the meeting of the council as designated in the notice, any property owner affected by the petition shall be heard. The council shall then determine whether, from the standpoint of public interest and welfare, the street or alley should be vacated as proposed in the petition. However, no street or alley, or any portion thereof, shall be abandoned or vacated unless there has been filed with the council the written consent of the owners of all lots abutting on the street or alley, or the portion thereof, to be vacated. Acts 1945, No. 17, § 4; A.S.A. 1947, § 19-3827.

At the meeting of the council as designated in the notice, any property owner affected by the petition shall be heard. The council shall then determine whether, from the standpoint of public interest and welfare, the street or alley should be vacated as proposed in the petition. However, no street or alley, or any portion thereof, shall be abandoned or vacated unless there has been filed with the council the written consent of the owners of all lots abutting on the street or alley, or the portion thereof, to be vacated.

Acts 1945, No. 17, § 4; A.S.A. 1947, § 19-3827.
Ark. Code Ann. § 14-92-227 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-227
Reassessment
Status: in_force

(a) The board of commissioners may, not more often than one (1) time each year, require the assessor to reassess the benefits in a suburban improvement district. However, if the district has incurred any indebtedness or issued bonds, the total amount of assessed benefits shall never be diminished. (b) (1) The reassessment shall be filed with the county clerk of the county. (2) (A) (i) The secretary of the board of commissioners shall give notice of its filing by publication one (1) time each week for two (2) consecutive weeks in a newspaper published and having a general circulation in the county. (ii) The form of the notice shall be substantially as follows: "Notice is hereby given that the reassessment of benefits and damages of District Number ___ has been filed in the office of the county clerk of ___ County, and it is open to inspection. All persons wishing to be heard on the reassessment will be heard by the commissioners and the assessor of the district between the hours of 10 a.m. and 4 p.m., at___, in City of___, Arkansas, on the day of___, 20___. Secretary ___". (B) (i) The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district whose assessment has increased as a result of the assessment. (ii) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days before the date of hearing. The letter notices shall advise each property owner of the benefits or damages assessed against all of his or her property located within the district. (c) (1) On the day named in the notice, the board of commissioners and assessor shall meet together at the place named as a board of equalization and hear all complaints against the reassessment and equalize and adjust the reassessment. (2) The determination is final unless suit is brought in court to review it. Amended by Act 2015, No. 1116,§ 1, eff. 7/22/2015. Acts 1941, No. 41, § 7; A.S.A. 1947, § 20-707.

(a) The board of commissioners may, not more often than one (1) time each year, require the assessor to reassess the benefits in a suburban improvement district. However, if the district has incurred any indebtedness or issued bonds, the total amount of assessed benefits shall never be diminished.

(b) (1) The reassessment shall be filed with the county clerk of the county. (2) (A) (i) The secretary of the board of commissioners shall give notice of its filing by publication one (1) time each week for two (2) consecutive weeks in a newspaper published and having a general circulation in the county. (ii) The form of the notice shall be substantially as follows: "Notice is hereby given that the reassessment of benefits and damages of District Number ___ has been filed in the office of the county clerk of ___ County, and it is open to inspection. All persons wishing to be heard on the reassessment will be heard by the commissioners and the assessor of the district between the hours of 10 a.m. and 4 p.m., at___, in City of___, Arkansas, on the day of___, 20___. Secretary ___". (B) (i) The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district whose assessment has increased as a result of the assessment. (ii) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days before the date of hearing. The letter notices shall advise each property owner of the benefits or damages assessed against all of his or her property located within the district.

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

(2) (A) (i) The secretary of the board of commissioners shall give notice of its filing by publication one (1) time each week for two (2) consecutive weeks in a newspaper published and having a general circulation in the county. (ii) The form of the notice shall be substantially as follows: "Notice is hereby given that the reassessment of benefits and damages of District Number ___ has been filed in the office of the county clerk of ___ County, and it is open to inspection. All persons wishing to be heard on the reassessment will be heard by the commissioners and the assessor of the district between the hours of 10 a.m. and 4 p.m., at___, in City of___, Arkansas, on the day of___, 20___. Secretary ___". (B) (i) The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district whose assessment has increased as a result of the assessment. (ii) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days before the date of hearing. The letter notices shall advise each property owner of the benefits or damages assessed against all of his or her property located within the district.

(A) (i) The secretary of the board of commissioners shall give notice of its filing by publication one (1) time each week for two (2) consecutive weeks in a newspaper published and having a general circulation in the county. (ii) The form of the notice shall be substantially as follows: "Notice is hereby given that the reassessment of benefits and damages of District Number ___ has been filed in the office of the county clerk of ___ County, and it is open to inspection. All persons wishing to be heard on the reassessment will be heard by the commissioners and the assessor of the district between the hours of 10 a.m. and 4 p.m., at___, in City of___, Arkansas, on the day of___, 20___. Secretary ___".

(i) The secretary of the board of commissioners shall give notice of its filing by publication one (1) time each week for two (2) consecutive weeks in a newspaper published and having a general circulation in the county.

(ii) The form of the notice shall be substantially as follows: "Notice is hereby given that the reassessment of benefits and damages of District Number ___ has been filed in the office of the county clerk of ___ County, and it is open to inspection. All persons wishing to be heard on the reassessment will be heard by the commissioners and the assessor of the district between the hours of 10 a.m. and 4 p.m., at___, in City of___, Arkansas, on the day of___, 20___. Secretary ___".

"Notice is hereby given that the reassessment of benefits and damages of District Number ___ has been filed in the office of the county clerk of ___ County, and it is open to inspection. All persons wishing to be heard on the reassessment will be heard by the commissioners and the assessor of the district between the hours of 10 a.m. and 4 p.m., at___, in City of___, Arkansas, on the day of___, 20___. Secretary ___".

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

(i) The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district whose assessment has increased as a result of the assessment.

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

(c) (1) On the day named in the notice, the board of commissioners and assessor shall meet together at the place named as a board of equalization and hear all complaints against the reassessment and equalize and adjust the reassessment. (2) The determination is final unless suit is brought in court to review it.

(1) On the day named in the notice, the board of commissioners and assessor shall meet together at the place named as a board of equalization and hear all complaints against the reassessment and equalize and adjust the reassessment.

(2) The determination is final unless suit is brought in court to review it.

Amended by Act 2015, No. 1116,§ 1, eff. 7/22/2015.

Acts 1941, No. 41, § 7; A.S.A. 1947, § 20-707.
Ark. Code Ann. § 14-52-112 — AR Code / Title 14 / Chapter 52 / Subchapter 1 / Section 14-52-112
Award of pistol and purchase of shotgun upon retirement
Status: in_force

(a) When a law enforcement officer employed by a city of the first class, city of the second class, or incorporated town retires from service or dies while still employed with the city of the first class, city of the second class, or incorporated town, in recognition of and appreciation for the service of the retiring or deceased law enforcement officer, the mayor, city manager, or city administrator of the city of the first class, city of the second class, or incorporated town may award the pistol carried by the law enforcement officer at the time of his or her death or retirement from service to: (1) The law enforcement officer; or (2) The law enforcement officer's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm. (b) When a law enforcement officer retires from service, the law enforcement officer may purchase the shotgun he or she used while on duty at the fair market value as determined by the mayor, city manager, or city administrator of the city of the first class, city of the second class, or incorporated town. Acts 2007, No. 365, § 1.

(a) When a law enforcement officer employed by a city of the first class, city of the second class, or incorporated town retires from service or dies while still employed with the city of the first class, city of the second class, or incorporated town, in recognition of and appreciation for the service of the retiring or deceased law enforcement officer, the mayor, city manager, or city administrator of the city of the first class, city of the second class, or incorporated town may award the pistol carried by the law enforcement officer at the time of his or her death or retirement from service to: (1) The law enforcement officer; or (2) The law enforcement officer's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm.

(1) The law enforcement officer; or

(2) The law enforcement officer's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm.

(b) When a law enforcement officer retires from service, the law enforcement officer may purchase the shotgun he or she used while on duty at the fair market value as determined by the mayor, city manager, or city administrator of the city of the first class, city of the second class, or incorporated town.

Acts 2007, No. 365, § 1.
Ark. Code Ann. § 14-175-109 — AR Code / Title 14 / Chapter 175 / Section 14-175-109
Board of directors
Status: in_force

(a) The corporation shall have a board of directors composed of five (5) to fifteen (15) members, as specified in the corporation's articles of incorporation. (b) All powers of the corporation shall be exercised by the board or pursuant to its authorization. (c) (1) (A) The directors shall be residents of the municipality or county creating the corporation and shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county. (B) The directors shall serve terms not exceeding five (5) years as determined by the governing body of the municipality or county and set in such manner as will result in the expiration of terms on a staggered basis. (2) Upon the expiration of a director's term, a successor director shall be appointed for a five-year term by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county. (3) Each director shall serve until his or her successor is elected and qualified. (4) A director shall be eligible to succeed himself or herself. (5) In the event of a vacancy in the membership of the board, however caused, a director shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county. (d) Each director shall qualify by taking and filing with the clerk of the municipality or county creating the corporation the oath of office in which the member shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law. (e) A director shall receive no compensation for his or her services but shall be entitled to reimbursement for reasonable and necessary expenses incurred in the performance of his or her duties. (f) After reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal, the mayor of the municipality or the county judge of the county which created the board may remove any director for misfeasance, malfeasance, or willful neglect of duty. (g) (1) A majority of the members of the board shall constitute a quorum for the transaction of business. (2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the corporation. Acts 2005, No. 1372, § 3; 2009, No. 1271, § 1.

(a) The corporation shall have a board of directors composed of five (5) to fifteen (15) members, as specified in the corporation's articles of incorporation.

(b) All powers of the corporation shall be exercised by the board or pursuant to its authorization.

(c) (1) (A) The directors shall be residents of the municipality or county creating the corporation and shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county. (B) The directors shall serve terms not exceeding five (5) years as determined by the governing body of the municipality or county and set in such manner as will result in the expiration of terms on a staggered basis. (2) Upon the expiration of a director's term, a successor director shall be appointed for a five-year term by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county. (3) Each director shall serve until his or her successor is elected and qualified. (4) A director shall be eligible to succeed himself or herself. (5) In the event of a vacancy in the membership of the board, however caused, a director shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county.

(1) (A) The directors shall be residents of the municipality or county creating the corporation and shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county. (B) The directors shall serve terms not exceeding five (5) years as determined by the governing body of the municipality or county and set in such manner as will result in the expiration of terms on a staggered basis.

(A) The directors shall be residents of the municipality or county creating the corporation and shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county.

(B) The directors shall serve terms not exceeding five (5) years as determined by the governing body of the municipality or county and set in such manner as will result in the expiration of terms on a staggered basis.

(2) Upon the expiration of a director's term, a successor director shall be appointed for a five-year term by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county.

(3) Each director shall serve until his or her successor is elected and qualified.

(4) A director shall be eligible to succeed himself or herself.

(5) In the event of a vacancy in the membership of the board, however caused, a director shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county.

(d) Each director shall qualify by taking and filing with the clerk of the municipality or county creating the corporation the oath of office in which the member shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law.

(e) A director shall receive no compensation for his or her services but shall be entitled to reimbursement for reasonable and necessary expenses incurred in the performance of his or her duties.

(f) After reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal, the mayor of the municipality or the county judge of the county which created the board may remove any director for misfeasance, malfeasance, or willful neglect of duty.

(g) (1) A majority of the members of the board shall constitute a quorum for the transaction of business. (2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the corporation.

(1) A majority of the members of the board shall constitute a quorum for the transaction of business.

(2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the corporation.

Acts 2005, No. 1372, § 3; 2009, No. 1271, § 1.
Ark. Code Ann. § 14-234-111 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-111
Service to adjacent areas - Municipalities generally
Status: in_force

(a) Any municipality in the State of Arkansas owning and operating a municipal waterworks system or a municipal sewer system or both may extend its service lines beyond its corporate limits for the purpose of giving water service, sewer service, or both, to adjacent areas where the demand for service is sufficient to produce revenues that will retire the cost of the service lines. (b) (1) A municipality owning and operating a municipal water or sewer system, or both, without applying for a certificate of convenience and necessity, extend its water lines and sewer lines or both to serve the adjacent or nearby areas. (2) In order to secure the funds with which to make the service line extension or extensions, the municipality may issue negotiable coupon bonds or interest-bearing certificates of indebtedness to be paid out of the net revenues derived from the operation of the services so extended and, for the payment of the bonds, may pledge not only the net revenues from the areas but also any unpledged revenues derived by the municipality from the operation of either its water or sewer system, or both, that may be available from year to year in order to prevent a default in the payment of the revenue bonds issued for the extension beyond the corporate limits. (c) The bonds or certificates of indebtedness authorized under this section shall be issued and sold under the provisions governing the issuance and sale of municipal water revenue bonds, as set out in subchapter 2 of chapter 234 of this title. (d) Any municipality extending a service to an adjacent or nearby area shall have the power to fix the schedule of rates for services so extended. (e) For the purpose of carrying out the provisions of this section, a municipality shall have the right of eminent domain as is provided in §§ 18-15-301 - 18-15-307 . (f) Nothing in this section shall be construed to require a municipality to extend either water or sewer service to adjacent or nearby areas. Acts 1959, No. 288, §§ 1-6; A.S.A. 1947, §§ 19-4263 -- 19-4268.

(a) Any municipality in the State of Arkansas owning and operating a municipal waterworks system or a municipal sewer system or both may extend its service lines beyond its corporate limits for the purpose of giving water service, sewer service, or both, to adjacent areas where the demand for service is sufficient to produce revenues that will retire the cost of the service lines.

(b) (1) A municipality owning and operating a municipal water or sewer system, or both, without applying for a certificate of convenience and necessity, extend its water lines and sewer lines or both to serve the adjacent or nearby areas. (2) In order to secure the funds with which to make the service line extension or extensions, the municipality may issue negotiable coupon bonds or interest-bearing certificates of indebtedness to be paid out of the net revenues derived from the operation of the services so extended and, for the payment of the bonds, may pledge not only the net revenues from the areas but also any unpledged revenues derived by the municipality from the operation of either its water or sewer system, or both, that may be available from year to year in order to prevent a default in the payment of the revenue bonds issued for the extension beyond the corporate limits.

(1) A municipality owning and operating a municipal water or sewer system, or both, without applying for a certificate of convenience and necessity, extend its water lines and sewer lines or both to serve the adjacent or nearby areas.

(2) In order to secure the funds with which to make the service line extension or extensions, the municipality may issue negotiable coupon bonds or interest-bearing certificates of indebtedness to be paid out of the net revenues derived from the operation of the services so extended and, for the payment of the bonds, may pledge not only the net revenues from the areas but also any unpledged revenues derived by the municipality from the operation of either its water or sewer system, or both, that may be available from year to year in order to prevent a default in the payment of the revenue bonds issued for the extension beyond the corporate limits.

(c) The bonds or certificates of indebtedness authorized under this section shall be issued and sold under the provisions governing the issuance and sale of municipal water revenue bonds, as set out in subchapter 2 of chapter 234 of this title.

(d) Any municipality extending a service to an adjacent or nearby area shall have the power to fix the schedule of rates for services so extended.

(e) For the purpose of carrying out the provisions of this section, a municipality shall have the right of eminent domain as is provided in §§ 18-15-301 - 18-15-307 .

(f) Nothing in this section shall be construed to require a municipality to extend either water or sewer service to adjacent or nearby areas.

Acts 1959, No. 288, §§ 1-6; A.S.A. 1947, §§ 19-4263 -- 19-4268.
Ark. Code Ann. § 14-54-1305 — AR Code / Title 14 / Chapter 54 / Subchapter 13 / Section 14-54-1305
Gifts and bequests
Status: in_force

Any corporation, board, or body designated as given charge of a recreation program shall have authority to accept gifts and bequests for the benefit of the recreational service. Acts 1941, No. 291, § 3; A.S.A. 1947, § 19-3603.

Any corporation, board, or body designated as given charge of a recreation program shall have authority to accept gifts and bequests for the benefit of the recreational service.

Acts 1941, No. 291, § 3; A.S.A. 1947, § 19-3603.
Ark. Code Ann. § 14-164-814 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-814
Bonds - Energy efficiency project liens
Status: in_force

(a) An ordinance or trust indenture authorized under § 14-164-808 or § 14-164-810 may impose a financing lien on an energy efficiency project financed or refinanced, in whole or in part, with the proceeds of bonds. (b) The nature and extent of a lien imposed under this section may be controlled by the ordinance or trust indenture, including without limitation provisions pertaining to: (1) The release of all or part of the land, buildings, or facilities from the lien; (2) The priority of the lien in the event of successive bond issues; and (3) The authorization of any owner of bonds, or a trustee on behalf of all owners, to enforce the lien and, by proper suit, compel the performance of the duties of the officials of the issuer stated in this subchapter or in the ordinance or trust indenture authorizing or securing the bonds. (c) As used in this section, "lien" includes a security interest in any personal property constituting an energy efficiency project and any part of an energy efficiency project financed or refinanced, in whole or in part, with the proceeds of bonds issued under this subchapter. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

(a) An ordinance or trust indenture authorized under § 14-164-808 or § 14-164-810 may impose a financing lien on an energy efficiency project financed or refinanced, in whole or in part, with the proceeds of bonds.

(b) The nature and extent of a lien imposed under this section may be controlled by the ordinance or trust indenture, including without limitation provisions pertaining to: (1) The release of all or part of the land, buildings, or facilities from the lien; (2) The priority of the lien in the event of successive bond issues; and (3) The authorization of any owner of bonds, or a trustee on behalf of all owners, to enforce the lien and, by proper suit, compel the performance of the duties of the officials of the issuer stated in this subchapter or in the ordinance or trust indenture authorizing or securing the bonds.

(1) The release of all or part of the land, buildings, or facilities from the lien;

(2) The priority of the lien in the event of successive bond issues; and

(3) The authorization of any owner of bonds, or a trustee on behalf of all owners, to enforce the lien and, by proper suit, compel the performance of the duties of the officials of the issuer stated in this subchapter or in the ordinance or trust indenture authorizing or securing the bonds.

(c) As used in this section, "lien" includes a security interest in any personal property constituting an energy efficiency project and any part of an energy efficiency project financed or refinanced, in whole or in part, with the proceeds of bonds issued under this subchapter.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-316-103 — AR Code / Title 14 / Chapter 316 / Subchapter 1 / Section 14-316-103
Funding and refunding outstanding bonded indebtedness
Status: in_force

(a) Any road improvement districts of this state, whether organized and created under general law or by special act of the General Assembly, shall have power to fund and refund its outstanding valid bonded indebtedness or judgments on its bonded indebtedness and accrued matured interest thereon on such terms as the commissioners or directors of the districts shall deem for the best interest of the districts and, to that end, may issue the negotiable bonds of the districts, with interest coupons attached. (b) (1) The commissioners or directors of the districts may exchange new bonds for the outstanding bonds, including accrued matured interest coupons, or may issue and sell the new bonds and use the proceeds thereof to pay the outstanding bonds or judgments and accrued interest thereon. (2) The refunding bonds shall not be issued in a greater amount than is necessary to pay the outstanding bonds or judgments and accrued interest thereon to the date of the refunding bonds, plus printing, trustee, legal, and other necessary expenses incurred in connection with the issuance of the refunding bonds. (3) No refunding bonds shall bear a greater rate of interest than three percent (3%) per annum, nor shall they be disposed of at less than par. However, bonds bearing a lower rate of interest than three percent (3%) per annum may be sold at a discount on a basis whereby the district shall not be required to pay approximately more than if the bonds had been sold at par bearing three percent (3%) interest. (4) All such refunding bonds: (A) Shall be negotiable instruments and may have coupons evidencing interest, payable at annual or semiannual periods; (B) Shall have all the rights of security, including liens on assessment of benefits and levy of taxes on the lands, together with all remedies for their collection that are provided for the bonds to be refunded or the bonds on which the judgments to be refunded are based; and (C) May be further secured by a pledge and mortgage of the assessment benefits and taxes in the district, to be executed by the directors or commissioners. Acts 1945, No. 199, §§ 1, 2; A.S.A. 1947, §§ 76-1221, 76-1222.

(a) Any road improvement districts of this state, whether organized and created under general law or by special act of the General Assembly, shall have power to fund and refund its outstanding valid bonded indebtedness or judgments on its bonded indebtedness and accrued matured interest thereon on such terms as the commissioners or directors of the districts shall deem for the best interest of the districts and, to that end, may issue the negotiable bonds of the districts, with interest coupons attached.

(b) (1) The commissioners or directors of the districts may exchange new bonds for the outstanding bonds, including accrued matured interest coupons, or may issue and sell the new bonds and use the proceeds thereof to pay the outstanding bonds or judgments and accrued interest thereon. (2) The refunding bonds shall not be issued in a greater amount than is necessary to pay the outstanding bonds or judgments and accrued interest thereon to the date of the refunding bonds, plus printing, trustee, legal, and other necessary expenses incurred in connection with the issuance of the refunding bonds. (3) No refunding bonds shall bear a greater rate of interest than three percent (3%) per annum, nor shall they be disposed of at less than par. However, bonds bearing a lower rate of interest than three percent (3%) per annum may be sold at a discount on a basis whereby the district shall not be required to pay approximately more than if the bonds had been sold at par bearing three percent (3%) interest. (4) All such refunding bonds: (A) Shall be negotiable instruments and may have coupons evidencing interest, payable at annual or semiannual periods; (B) Shall have all the rights of security, including liens on assessment of benefits and levy of taxes on the lands, together with all remedies for their collection that are provided for the bonds to be refunded or the bonds on which the judgments to be refunded are based; and (C) May be further secured by a pledge and mortgage of the assessment benefits and taxes in the district, to be executed by the directors or commissioners.

(1) The commissioners or directors of the districts may exchange new bonds for the outstanding bonds, including accrued matured interest coupons, or may issue and sell the new bonds and use the proceeds thereof to pay the outstanding bonds or judgments and accrued interest thereon.

(2) The refunding bonds shall not be issued in a greater amount than is necessary to pay the outstanding bonds or judgments and accrued interest thereon to the date of the refunding bonds, plus printing, trustee, legal, and other necessary expenses incurred in connection with the issuance of the refunding bonds.

(3) No refunding bonds shall bear a greater rate of interest than three percent (3%) per annum, nor shall they be disposed of at less than par. However, bonds bearing a lower rate of interest than three percent (3%) per annum may be sold at a discount on a basis whereby the district shall not be required to pay approximately more than if the bonds had been sold at par bearing three percent (3%) interest.

(4) All such refunding bonds: (A) Shall be negotiable instruments and may have coupons evidencing interest, payable at annual or semiannual periods; (B) Shall have all the rights of security, including liens on assessment of benefits and levy of taxes on the lands, together with all remedies for their collection that are provided for the bonds to be refunded or the bonds on which the judgments to be refunded are based; and (C) May be further secured by a pledge and mortgage of the assessment benefits and taxes in the district, to be executed by the directors or commissioners.

(A) Shall be negotiable instruments and may have coupons evidencing interest, payable at annual or semiannual periods;

(B) Shall have all the rights of security, including liens on assessment of benefits and levy of taxes on the lands, together with all remedies for their collection that are provided for the bonds to be refunded or the bonds on which the judgments to be refunded are based; and

(C) May be further secured by a pledge and mortgage of the assessment benefits and taxes in the district, to be executed by the directors or commissioners.

Acts 1945, No. 199, §§ 1, 2; A.S.A. 1947, §§ 76-1221, 76-1222.
Ark. Code Ann. § 14-86-401 — AR Code / Title 14 / Chapter 86 / Subchapter 4 / Section 14-86-401
Construction
Status: in_force

This subchapter is not intended to and does not repeal any existing remedy. Acts 1919, No. 661, § 3; A.S.A. 1947, § 20-1103.

This subchapter is not intended to and does not repeal any existing remedy.

Acts 1919, No. 661, § 3; A.S.A. 1947, § 20-1103.
Ark. Code Ann. § 14-62-109 — AR Code / Title 14 / Chapter 62 / Section 14-62-109
Public utilities
Status: in_force

(a) A public utility operating and organized as an improvement district and serving residents of the extinct municipal corporation shall continue in operation. (b) (1) (A) A public utility operated by the extinct municipal corporation is transferred to the receiver. (B) Funds held by the extinct municipal corporation in connection with the operation of the public utility are transferred to the receiver, including without limitation customer deposits and debt reserve funds. (2) The receiver shall continue to: (A) Operate the public utility; (B) Collect all fees and taxes due to and all funds associated with the public utility; and (C) Continue to pay any bonded indebtedness of the public utility. (3) The transfer of the public utility to the receiver is subject to any liens held on the public utility that existed at the time of the transfer under this chapter, including without limitation mortgages and security interests. (4) If a public utility is transferred under this section, the Department of Finance and Administration shall continue to collect as provided by law pledged or dedicated sales and use taxes levied for bonded indebtedness of the public utility and remit the collections to the receiver under § 14-62-105(b) until the indebtedness is satisfied. (c) Within sixty (60) days of the appointment of the receiver under § 14-62-104 , the receiver shall publish a notice in a newspaper with general circulation in the county in which the municipal corporation is located that the opportunity for the acquisition of the public utility shall: (1) (A) Be first extended to an adjacent municipality located within five (5) miles of the extinct municipal corporation, and if a majority of the governing body of the adjacent municipality votes to acquire the public utility under this subdivision (c)(1)(A), the acquisition transaction shall be completed within one hundred eighty (180) days of the appointment of the receiver under § 14-62-104 . (B) If more than one (1) adjacent municipality located within five (5) miles of the extinct municipal corporation votes to acquire the public utility under subdivision (c)(1)(A) of this section, the adjacent municipalities shall be given priority based on population from largest to smallest; (2) (A) Be next extended to the county in which the extinct municipal corporation is located if the public utility is not acquired by an adjacent municipality under subdivision (c)(1) of this section. (B) If a majority of the governing body of the county in which the extinct municipal corporation is located votes to acquire the public utility under subdivision (c)(2)(A) of this section, the acquisition transaction shall be completed within two hundred seventy (270) days of the appointment of the receiver under § 14-62-104 ; (3) (A) (i) Be next extended to an adjacent public utility operated and organized as an improvement district and located within five (5) miles of the extinct municipal corporation if the public utility is not acquired by the county in which the extinct municipal corporation is located under subdivision (c)(2) of this section. (ii) If a majority of the governing body of the adjacent public utility improvement district votes to acquire the public utility under subdivision (c)(3)(A)(i) of this section, the acquisition transaction shall be completed within three hundred sixty (360) days of the appointment of the receiver under § 14-62-104 . (B) If more than one (1) adjacent public utility improvement district located within five (5) miles of the extinct municipal corporation votes to acquire the public utility under subdivision (c)(3)(A) of this section, the adjacent public utility improvement districts shall be given priority based on evidence of economic viability and the number of customers served from largest to smallest; (4) Be next extended to an entity other than the entities listed in subdivisions (c)(1)-(3) of this section if none of the entities listed in subdivisions (c)(1)-(3) of this section acquire the public utility of the extinct municipal corporation, and the acquisition transaction shall be completed within four hundred fifty (450) days of the appointment of the receiver under § 14-62-104 ; and (5) (A) (i) (a) Not be further extended and remain with the receiver if none of the entities in subdivisions (c)(1)-(4) of this section acquire the public utility of the extinct municipal corporation. (b) The receiver shall establish a suburban improvement district to operate the public utility using the authority set out in § 14-92-201 et seq. for the purpose of the institution of bankruptcy proceedings for the public utility. (ii) (a) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is created by operation of law without the statutory requirements under § 14-92-201 et seq. concerning petitions or hearings or other statutory requirements at the discretion of the circuit court of the Sixth Judicial District. (b) The receiver shall serve as the board of commissioners, and the boundaries of the suburban improvement district created under subdivision (c)(5)(A)(i) of this section shall include the service area of the public utility of the extinct municipal corporation. (iii) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is considered an instrumentality of the state for purposes of bankruptcy proceedings. (B) At the conclusion of any bankruptcy proceeding instituted under subdivision (c)(5)(A) of this section, the public utility shall be transferred to the county. (d) The receiver may request a reasonable extension of time from the circuit court of the Sixth Judicial District for the purpose of the completion of an acquisition of a public utility under subsection (c) of this section. Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.

(a) A public utility operating and organized as an improvement district and serving residents of the extinct municipal corporation shall continue in operation.

(b) (1) (A) A public utility operated by the extinct municipal corporation is transferred to the receiver. (B) Funds held by the extinct municipal corporation in connection with the operation of the public utility are transferred to the receiver, including without limitation customer deposits and debt reserve funds. (2) The receiver shall continue to: (A) Operate the public utility; (B) Collect all fees and taxes due to and all funds associated with the public utility; and (C) Continue to pay any bonded indebtedness of the public utility. (3) The transfer of the public utility to the receiver is subject to any liens held on the public utility that existed at the time of the transfer under this chapter, including without limitation mortgages and security interests. (4) If a public utility is transferred under this section, the Department of Finance and Administration shall continue to collect as provided by law pledged or dedicated sales and use taxes levied for bonded indebtedness of the public utility and remit the collections to the receiver under § 14-62-105(b) until the indebtedness is satisfied.

(1) (A) A public utility operated by the extinct municipal corporation is transferred to the receiver. (B) Funds held by the extinct municipal corporation in connection with the operation of the public utility are transferred to the receiver, including without limitation customer deposits and debt reserve funds.

(A) A public utility operated by the extinct municipal corporation is transferred to the receiver.

(B) Funds held by the extinct municipal corporation in connection with the operation of the public utility are transferred to the receiver, including without limitation customer deposits and debt reserve funds.

(2) The receiver shall continue to: (A) Operate the public utility; (B) Collect all fees and taxes due to and all funds associated with the public utility; and (C) Continue to pay any bonded indebtedness of the public utility.

(A) Operate the public utility;

(B) Collect all fees and taxes due to and all funds associated with the public utility; and

(C) Continue to pay any bonded indebtedness of the public utility.

(3) The transfer of the public utility to the receiver is subject to any liens held on the public utility that existed at the time of the transfer under this chapter, including without limitation mortgages and security interests.

(4) If a public utility is transferred under this section, the Department of Finance and Administration shall continue to collect as provided by law pledged or dedicated sales and use taxes levied for bonded indebtedness of the public utility and remit the collections to the receiver under § 14-62-105(b) until the indebtedness is satisfied.

(c) Within sixty (60) days of the appointment of the receiver under § 14-62-104 , the receiver shall publish a notice in a newspaper with general circulation in the county in which the municipal corporation is located that the opportunity for the acquisition of the public utility shall: (1) (A) Be first extended to an adjacent municipality located within five (5) miles of the extinct municipal corporation, and if a majority of the governing body of the adjacent municipality votes to acquire the public utility under this subdivision (c)(1)(A), the acquisition transaction shall be completed within one hundred eighty (180) days of the appointment of the receiver under § 14-62-104 . (B) If more than one (1) adjacent municipality located within five (5) miles of the extinct municipal corporation votes to acquire the public utility under subdivision (c)(1)(A) of this section, the adjacent municipalities shall be given priority based on population from largest to smallest; (2) (A) Be next extended to the county in which the extinct municipal corporation is located if the public utility is not acquired by an adjacent municipality under subdivision (c)(1) of this section. (B) If a majority of the governing body of the county in which the extinct municipal corporation is located votes to acquire the public utility under subdivision (c)(2)(A) of this section, the acquisition transaction shall be completed within two hundred seventy (270) days of the appointment of the receiver under § 14-62-104 ; (3) (A) (i) Be next extended to an adjacent public utility operated and organized as an improvement district and located within five (5) miles of the extinct municipal corporation if the public utility is not acquired by the county in which the extinct municipal corporation is located under subdivision (c)(2) of this section. (ii) If a majority of the governing body of the adjacent public utility improvement district votes to acquire the public utility under subdivision (c)(3)(A)(i) of this section, the acquisition transaction shall be completed within three hundred sixty (360) days of the appointment of the receiver under § 14-62-104 . (B) If more than one (1) adjacent public utility improvement district located within five (5) miles of the extinct municipal corporation votes to acquire the public utility under subdivision (c)(3)(A) of this section, the adjacent public utility improvement districts shall be given priority based on evidence of economic viability and the number of customers served from largest to smallest; (4) Be next extended to an entity other than the entities listed in subdivisions (c)(1)-(3) of this section if none of the entities listed in subdivisions (c)(1)-(3) of this section acquire the public utility of the extinct municipal corporation, and the acquisition transaction shall be completed within four hundred fifty (450) days of the appointment of the receiver under § 14-62-104 ; and (5) (A) (i) (a) Not be further extended and remain with the receiver if none of the entities in subdivisions (c)(1)-(4) of this section acquire the public utility of the extinct municipal corporation. (b) The receiver shall establish a suburban improvement district to operate the public utility using the authority set out in § 14-92-201 et seq. for the purpose of the institution of bankruptcy proceedings for the public utility. (ii) (a) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is created by operation of law without the statutory requirements under § 14-92-201 et seq. concerning petitions or hearings or other statutory requirements at the discretion of the circuit court of the Sixth Judicial District. (b) The receiver shall serve as the board of commissioners, and the boundaries of the suburban improvement district created under subdivision (c)(5)(A)(i) of this section shall include the service area of the public utility of the extinct municipal corporation. (iii) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is considered an instrumentality of the state for purposes of bankruptcy proceedings. (B) At the conclusion of any bankruptcy proceeding instituted under subdivision (c)(5)(A) of this section, the public utility shall be transferred to the county.

(1) (A) Be first extended to an adjacent municipality located within five (5) miles of the extinct municipal corporation, and if a majority of the governing body of the adjacent municipality votes to acquire the public utility under this subdivision (c)(1)(A), the acquisition transaction shall be completed within one hundred eighty (180) days of the appointment of the receiver under § 14-62-104 . (B) If more than one (1) adjacent municipality located within five (5) miles of the extinct municipal corporation votes to acquire the public utility under subdivision (c)(1)(A) of this section, the adjacent municipalities shall be given priority based on population from largest to smallest;

(A) Be first extended to an adjacent municipality located within five (5) miles of the extinct municipal corporation, and if a majority of the governing body of the adjacent municipality votes to acquire the public utility under this subdivision (c)(1)(A), the acquisition transaction shall be completed within one hundred eighty (180) days of the appointment of the receiver under § 14-62-104 .

(B) If more than one (1) adjacent municipality located within five (5) miles of the extinct municipal corporation votes to acquire the public utility under subdivision (c)(1)(A) of this section, the adjacent municipalities shall be given priority based on population from largest to smallest;

(2) (A) Be next extended to the county in which the extinct municipal corporation is located if the public utility is not acquired by an adjacent municipality under subdivision (c)(1) of this section. (B) If a majority of the governing body of the county in which the extinct municipal corporation is located votes to acquire the public utility under subdivision (c)(2)(A) of this section, the acquisition transaction shall be completed within two hundred seventy (270) days of the appointment of the receiver under § 14-62-104 ;

(A) Be next extended to the county in which the extinct municipal corporation is located if the public utility is not acquired by an adjacent municipality under subdivision (c)(1) of this section.

(B) If a majority of the governing body of the county in which the extinct municipal corporation is located votes to acquire the public utility under subdivision (c)(2)(A) of this section, the acquisition transaction shall be completed within two hundred seventy (270) days of the appointment of the receiver under § 14-62-104 ;

(3) (A) (i) Be next extended to an adjacent public utility operated and organized as an improvement district and located within five (5) miles of the extinct municipal corporation if the public utility is not acquired by the county in which the extinct municipal corporation is located under subdivision (c)(2) of this section. (ii) If a majority of the governing body of the adjacent public utility improvement district votes to acquire the public utility under subdivision (c)(3)(A)(i) of this section, the acquisition transaction shall be completed within three hundred sixty (360) days of the appointment of the receiver under § 14-62-104 . (B) If more than one (1) adjacent public utility improvement district located within five (5) miles of the extinct municipal corporation votes to acquire the public utility under subdivision (c)(3)(A) of this section, the adjacent public utility improvement districts shall be given priority based on evidence of economic viability and the number of customers served from largest to smallest;

(A) (i) Be next extended to an adjacent public utility operated and organized as an improvement district and located within five (5) miles of the extinct municipal corporation if the public utility is not acquired by the county in which the extinct municipal corporation is located under subdivision (c)(2) of this section. (ii) If a majority of the governing body of the adjacent public utility improvement district votes to acquire the public utility under subdivision (c)(3)(A)(i) of this section, the acquisition transaction shall be completed within three hundred sixty (360) days of the appointment of the receiver under § 14-62-104 .

(i) Be next extended to an adjacent public utility operated and organized as an improvement district and located within five (5) miles of the extinct municipal corporation if the public utility is not acquired by the county in which the extinct municipal corporation is located under subdivision (c)(2) of this section.

(ii) If a majority of the governing body of the adjacent public utility improvement district votes to acquire the public utility under subdivision (c)(3)(A)(i) of this section, the acquisition transaction shall be completed within three hundred sixty (360) days of the appointment of the receiver under § 14-62-104 .

(B) If more than one (1) adjacent public utility improvement district located within five (5) miles of the extinct municipal corporation votes to acquire the public utility under subdivision (c)(3)(A) of this section, the adjacent public utility improvement districts shall be given priority based on evidence of economic viability and the number of customers served from largest to smallest;

(4) Be next extended to an entity other than the entities listed in subdivisions (c)(1)-(3) of this section if none of the entities listed in subdivisions (c)(1)-(3) of this section acquire the public utility of the extinct municipal corporation, and the acquisition transaction shall be completed within four hundred fifty (450) days of the appointment of the receiver under § 14-62-104 ; and

(5) (A) (i) (a) Not be further extended and remain with the receiver if none of the entities in subdivisions (c)(1)-(4) of this section acquire the public utility of the extinct municipal corporation. (b) The receiver shall establish a suburban improvement district to operate the public utility using the authority set out in § 14-92-201 et seq. for the purpose of the institution of bankruptcy proceedings for the public utility. (ii) (a) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is created by operation of law without the statutory requirements under § 14-92-201 et seq. concerning petitions or hearings or other statutory requirements at the discretion of the circuit court of the Sixth Judicial District. (b) The receiver shall serve as the board of commissioners, and the boundaries of the suburban improvement district created under subdivision (c)(5)(A)(i) of this section shall include the service area of the public utility of the extinct municipal corporation. (iii) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is considered an instrumentality of the state for purposes of bankruptcy proceedings. (B) At the conclusion of any bankruptcy proceeding instituted under subdivision (c)(5)(A) of this section, the public utility shall be transferred to the county.

(A) (i) (a) Not be further extended and remain with the receiver if none of the entities in subdivisions (c)(1)-(4) of this section acquire the public utility of the extinct municipal corporation. (b) The receiver shall establish a suburban improvement district to operate the public utility using the authority set out in § 14-92-201 et seq. for the purpose of the institution of bankruptcy proceedings for the public utility. (ii) (a) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is created by operation of law without the statutory requirements under § 14-92-201 et seq. concerning petitions or hearings or other statutory requirements at the discretion of the circuit court of the Sixth Judicial District. (b) The receiver shall serve as the board of commissioners, and the boundaries of the suburban improvement district created under subdivision (c)(5)(A)(i) of this section shall include the service area of the public utility of the extinct municipal corporation. (iii) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is considered an instrumentality of the state for purposes of bankruptcy proceedings.

(i) (a) Not be further extended and remain with the receiver if none of the entities in subdivisions (c)(1)-(4) of this section acquire the public utility of the extinct municipal corporation. (b) The receiver shall establish a suburban improvement district to operate the public utility using the authority set out in § 14-92-201 et seq. for the purpose of the institution of bankruptcy proceedings for the public utility.

(a) Not be further extended and remain with the receiver if none of the entities in subdivisions (c)(1)-(4) of this section acquire the public utility of the extinct municipal corporation.

(b) The receiver shall establish a suburban improvement district to operate the public utility using the authority set out in § 14-92-201 et seq. for the purpose of the institution of bankruptcy proceedings for the public utility.

(ii) (a) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is created by operation of law without the statutory requirements under § 14-92-201 et seq. concerning petitions or hearings or other statutory requirements at the discretion of the circuit court of the Sixth Judicial District. (b) The receiver shall serve as the board of commissioners, and the boundaries of the suburban improvement district created under subdivision (c)(5)(A)(i) of this section shall include the service area of the public utility of the extinct municipal corporation.

(a) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is created by operation of law without the statutory requirements under § 14-92-201 et seq. concerning petitions or hearings or other statutory requirements at the discretion of the circuit court of the Sixth Judicial District.

(b) The receiver shall serve as the board of commissioners, and the boundaries of the suburban improvement district created under subdivision (c)(5)(A)(i) of this section shall include the service area of the public utility of the extinct municipal corporation.

(iii) A suburban improvement district created under subdivision (c)(5)(A)(i) of this section is considered an instrumentality of the state for purposes of bankruptcy proceedings.

(B) At the conclusion of any bankruptcy proceeding instituted under subdivision (c)(5)(A) of this section, the public utility shall be transferred to the county.

(d) The receiver may request a reasonable extension of time from the circuit court of the Sixth Judicial District for the purpose of the completion of an acquisition of a public utility under subsection (c) of this section.

Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 14-86-1902 — AR Code / Title 14 / Chapter 86 / Subchapter 19 / Section 14-86-1902
Distribution of funds to counties
Status: in_force

(a) Wherever any of the special districts or special taxing funds lie and exist wholly in one (1) county, then the county court shall have jurisdiction of the excess or surplus funds and may order them transferred to the general revenue fund of the county. (b) Wherever the special taxing districts or special taxing funds lie in two (2) or more counties, then any chancellor in whose district any one (1) or more of the counties lie shall have jurisdiction of the excess or surplus so remaining and may, upon petition of any county judge or any taxpayer of any of the counties, order the excess and surplus so remaining to be paid and transferred to the treasurer of the respective counties in the proportion that the whole fund was contributed by the respective counties. The treasurers shall credit the funds so received to the general revenue funds of their respective counties. Acts 1927, No. 122, § 2; A.S.A. 1947, § 20-1113.

(a) Wherever any of the special districts or special taxing funds lie and exist wholly in one (1) county, then the county court shall have jurisdiction of the excess or surplus funds and may order them transferred to the general revenue fund of the county.

(b) Wherever the special taxing districts or special taxing funds lie in two (2) or more counties, then any chancellor in whose district any one (1) or more of the counties lie shall have jurisdiction of the excess or surplus so remaining and may, upon petition of any county judge or any taxpayer of any of the counties, order the excess and surplus so remaining to be paid and transferred to the treasurer of the respective counties in the proportion that the whole fund was contributed by the respective counties. The treasurers shall credit the funds so received to the general revenue funds of their respective counties.

Acts 1927, No. 122, § 2; A.S.A. 1947, § 20-1113.
Ark. Code Ann. § 14-1-101 — AR Code / Title 14 / Chapter 1 / Subchapter 1 / Section 14-1-101
Sport shooting ranges and sports facilities
Status: in_force

(a) A sport shooting range or sports facility that is not in violation of a state law or an ordinance of a local unit of government prior to the enactment of a new ordinance of a local unit of government affecting the range or facility may continue to operate even if, at or after the time of enactment of the new ordinance affecting the range or facility, the operation is not in compliance with the new ordinance. (b) No new ordinance of a local unit of government shall prohibit a sport shooting range or sports facility that is in existence on August 12, 2005, from doing any of the following within its existing geographic boundaries: (1) Repairing, remodeling, or reinforcing any building or improvement as may be necessary in the interest of public safety or to secure the continued use of the building or improvement; (2) (A) Reconstructing, repairing, rebuilding, or resuming the use of a facility or building damaged by fire, collapse, explosion, act of nature, or act of war occurring after August 12, 2005. (B) The reconstruction, repair, or rebuilding shall be completed within one (1) year following the date of the damage or settlement of any property damage claim. If reconstruction, repair, or rebuilding is not completed within one (1) year, the reconstruction, repair, or rebuilding may be terminated in the discretion of the local unit of government; (3) Expanding or enhancing its membership or opportunities for public participation; or (4) Reasonably expanding or increasing facilities or activities. (c) Except as otherwise provided in this section, this section shall not prohibit a local unit of government from regulating the location and construction of a sport shooting range or sports facility. (d) As used in this section: (1) "Local unit of government" means a county, city of the first class, city of the second class, or incorporated town; (2) "New ordinance" also includes an ordinance or an amendment to an existing ordinance; (3) "Sport shooting range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting; and (4) (A) "Sports facility" means a baseball field, basketball court, gymnasium, golf course, soccer field, swimming pool, tennis court, or other facility for recreational sports. (B) "Sports facility" does not include a facility for go-carts, motorcycles, motor vehicles, or other motorized conveyances. Acts 2005, No. 1011, § 1.

(a) A sport shooting range or sports facility that is not in violation of a state law or an ordinance of a local unit of government prior to the enactment of a new ordinance of a local unit of government affecting the range or facility may continue to operate even if, at or after the time of enactment of the new ordinance affecting the range or facility, the operation is not in compliance with the new ordinance.

(b) No new ordinance of a local unit of government shall prohibit a sport shooting range or sports facility that is in existence on August 12, 2005, from doing any of the following within its existing geographic boundaries: (1) Repairing, remodeling, or reinforcing any building or improvement as may be necessary in the interest of public safety or to secure the continued use of the building or improvement; (2) (A) Reconstructing, repairing, rebuilding, or resuming the use of a facility or building damaged by fire, collapse, explosion, act of nature, or act of war occurring after August 12, 2005. (B) The reconstruction, repair, or rebuilding shall be completed within one (1) year following the date of the damage or settlement of any property damage claim. If reconstruction, repair, or rebuilding is not completed within one (1) year, the reconstruction, repair, or rebuilding may be terminated in the discretion of the local unit of government; (3) Expanding or enhancing its membership or opportunities for public participation; or (4) Reasonably expanding or increasing facilities or activities.

(1) Repairing, remodeling, or reinforcing any building or improvement as may be necessary in the interest of public safety or to secure the continued use of the building or improvement;

(2) (A) Reconstructing, repairing, rebuilding, or resuming the use of a facility or building damaged by fire, collapse, explosion, act of nature, or act of war occurring after August 12, 2005. (B) The reconstruction, repair, or rebuilding shall be completed within one (1) year following the date of the damage or settlement of any property damage claim. If reconstruction, repair, or rebuilding is not completed within one (1) year, the reconstruction, repair, or rebuilding may be terminated in the discretion of the local unit of government;

(A) Reconstructing, repairing, rebuilding, or resuming the use of a facility or building damaged by fire, collapse, explosion, act of nature, or act of war occurring after August 12, 2005.

(B) The reconstruction, repair, or rebuilding shall be completed within one (1) year following the date of the damage or settlement of any property damage claim. If reconstruction, repair, or rebuilding is not completed within one (1) year, the reconstruction, repair, or rebuilding may be terminated in the discretion of the local unit of government;

(3) Expanding or enhancing its membership or opportunities for public participation; or

(4) Reasonably expanding or increasing facilities or activities.

(c) Except as otherwise provided in this section, this section shall not prohibit a local unit of government from regulating the location and construction of a sport shooting range or sports facility.

(d) As used in this section: (1) "Local unit of government" means a county, city of the first class, city of the second class, or incorporated town; (2) "New ordinance" also includes an ordinance or an amendment to an existing ordinance; (3) "Sport shooting range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting; and (4) (A) "Sports facility" means a baseball field, basketball court, gymnasium, golf course, soccer field, swimming pool, tennis court, or other facility for recreational sports. (B) "Sports facility" does not include a facility for go-carts, motorcycles, motor vehicles, or other motorized conveyances.

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

(2) "New ordinance" also includes an ordinance or an amendment to an existing ordinance;

(3) "Sport shooting range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting; and

(4) (A) "Sports facility" means a baseball field, basketball court, gymnasium, golf course, soccer field, swimming pool, tennis court, or other facility for recreational sports. (B) "Sports facility" does not include a facility for go-carts, motorcycles, motor vehicles, or other motorized conveyances.

(A) "Sports facility" means a baseball field, basketball court, gymnasium, golf course, soccer field, swimming pool, tennis court, or other facility for recreational sports.

(B) "Sports facility" does not include a facility for go-carts, motorcycles, motor vehicles, or other motorized conveyances.

Acts 2005, No. 1011, § 1.
Ark. Code Ann. § 14-93-104 — AR Code / Title 14 / Chapter 93 / Section 14-93-104
Construction
Status: in_force

The provisions of this chapter shall be liberally construed to accomplish the purposes of this chapter, and this chapter shall be the sole authority necessary to accomplish its purposes. To this end, it shall not be necessary to comply with the requirements of other laws in acting pursuant to this chapter to accomplish its purposes. Acts 1983, No. 613, § 24; A.S.A. 1947, § 20-2424.

The provisions of this chapter shall be liberally construed to accomplish the purposes of this chapter, and this chapter shall be the sole authority necessary to accomplish its purposes. To this end, it shall not be necessary to comply with the requirements of other laws in acting pursuant to this chapter to accomplish its purposes.

Acts 1983, No. 613, § 24; A.S.A. 1947, § 20-2424.
Ark. Code Ann. § 14-56-416 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-416
Zoning ordinance
Status: in_force

(a) (1) Following adoption and filing of the land use plan, the commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality. (2) The ordinance shall consist of both a map and a text. (3) (A) The ordinance may regulate the location, height, bulk, number of stories, and size of buildings; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures. (B) The ordinance may require off-street parking and loading. (C) The ordinance may provide for districts, of compatible uses, for large scale unified development, for elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the municipality. (D) The ordinance shall include provisions for administration and enforcement. (E) (i) The ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable. (ii) The regulations imposed within each district or zone shall be uniform throughout the district or zone. (F) The ordinance shall allow and regulate home-based work as provided in § 14-1-106 . (b) (1) The ordinance shall provide for a board of zoning adjustment, which may either be composed of at least three (3) members, or the commission as a whole may sit as the board of zoning adjustment. (2) The board shall have the following functions: (A) Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance, and may affirm or reverse, in whole or in part, the decision of the administrative officer; (B) (i) (a) Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the ordinance. (b) The board shall not permit, as a variance, any use in a zone that is not permitted under the ordinance. (c) The board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property. (ii) (a) Except as provided in subdivision (b)(2)(B)(ii) (b) of this section, decisions of the board under this section shall be appealed to a circuit court of competent jurisdiction. (b) A governing body of a municipality may provide by ordinance that the governing body of the municipality shall first hear appeals under this section. (3) (A) The board shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. (B) Each session of the board shall be a public meeting with public notice of the meeting and business to be carried on published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting. (c) The ordinance shall be observed through denial of the issuance of building permits and use permits. Amended by Act 2021, No. 930,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 659,§ 3, eff. 7/28/2021. Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829.

(a) (1) Following adoption and filing of the land use plan, the commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality. (2) The ordinance shall consist of both a map and a text. (3) (A) The ordinance may regulate the location, height, bulk, number of stories, and size of buildings; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures. (B) The ordinance may require off-street parking and loading. (C) The ordinance may provide for districts, of compatible uses, for large scale unified development, for elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the municipality. (D) The ordinance shall include provisions for administration and enforcement. (E) (i) The ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable. (ii) The regulations imposed within each district or zone shall be uniform throughout the district or zone. (F) The ordinance shall allow and regulate home-based work as provided in § 14-1-106 .

(1) Following adoption and filing of the land use plan, the commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality.

(2) The ordinance shall consist of both a map and a text.

(3) (A) The ordinance may regulate the location, height, bulk, number of stories, and size of buildings; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures. (B) The ordinance may require off-street parking and loading. (C) The ordinance may provide for districts, of compatible uses, for large scale unified development, for elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the municipality. (D) The ordinance shall include provisions for administration and enforcement. (E) (i) The ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable. (ii) The regulations imposed within each district or zone shall be uniform throughout the district or zone. (F) The ordinance shall allow and regulate home-based work as provided in § 14-1-106 .

(A) The ordinance may regulate the location, height, bulk, number of stories, and size of buildings; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures.

(B) The ordinance may require off-street parking and loading.

(C) The ordinance may provide for districts, of compatible uses, for large scale unified development, for elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the municipality.

(D) The ordinance shall include provisions for administration and enforcement.

(E) (i) The ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable. (ii) The regulations imposed within each district or zone shall be uniform throughout the district or zone.

(i) The ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable.

(ii) The regulations imposed within each district or zone shall be uniform throughout the district or zone.

(F) The ordinance shall allow and regulate home-based work as provided in § 14-1-106 .

(b) (1) The ordinance shall provide for a board of zoning adjustment, which may either be composed of at least three (3) members, or the commission as a whole may sit as the board of zoning adjustment. (2) The board shall have the following functions: (A) Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance, and may affirm or reverse, in whole or in part, the decision of the administrative officer; (B) (i) (a) Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the ordinance. (b) The board shall not permit, as a variance, any use in a zone that is not permitted under the ordinance. (c) The board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property. (ii) (a) Except as provided in subdivision (b)(2)(B)(ii) (b) of this section, decisions of the board under this section shall be appealed to a circuit court of competent jurisdiction. (b) A governing body of a municipality may provide by ordinance that the governing body of the municipality shall first hear appeals under this section. (3) (A) The board shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. (B) Each session of the board shall be a public meeting with public notice of the meeting and business to be carried on published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting.

(1) The ordinance shall provide for a board of zoning adjustment, which may either be composed of at least three (3) members, or the commission as a whole may sit as the board of zoning adjustment.

(2) The board shall have the following functions: (A) Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance, and may affirm or reverse, in whole or in part, the decision of the administrative officer; (B) (i) (a) Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the ordinance. (b) The board shall not permit, as a variance, any use in a zone that is not permitted under the ordinance. (c) The board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property. (ii) (a) Except as provided in subdivision (b)(2)(B)(ii) (b) of this section, decisions of the board under this section shall be appealed to a circuit court of competent jurisdiction. (b) A governing body of a municipality may provide by ordinance that the governing body of the municipality shall first hear appeals under this section.

(A) Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance, and may affirm or reverse, in whole or in part, the decision of the administrative officer;

(B) (i) (a) Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the ordinance. (b) The board shall not permit, as a variance, any use in a zone that is not permitted under the ordinance. (c) The board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property. (ii) (a) Except as provided in subdivision (b)(2)(B)(ii) (b) of this section, decisions of the board under this section shall be appealed to a circuit court of competent jurisdiction. (b) A governing body of a municipality may provide by ordinance that the governing body of the municipality shall first hear appeals under this section.

(i) (a) Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the ordinance. (b) The board shall not permit, as a variance, any use in a zone that is not permitted under the ordinance. (c) The board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

(a) Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the ordinance.

(b) The board shall not permit, as a variance, any use in a zone that is not permitted under the ordinance.

(c) The board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

(ii) (a) Except as provided in subdivision (b)(2)(B)(ii) (b) of this section, decisions of the board under this section shall be appealed to a circuit court of competent jurisdiction. (b) A governing body of a municipality may provide by ordinance that the governing body of the municipality shall first hear appeals under this section.

(a) Except as provided in subdivision (b)(2)(B)(ii) (b) of this section, decisions of the board under this section shall be appealed to a circuit court of competent jurisdiction.

(b) A governing body of a municipality may provide by ordinance that the governing body of the municipality shall first hear appeals under this section.

(3) (A) The board shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. (B) Each session of the board shall be a public meeting with public notice of the meeting and business to be carried on published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting.

(A) The board shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions.

(B) Each session of the board shall be a public meeting with public notice of the meeting and business to be carried on published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting.

(c) The ordinance shall be observed through denial of the issuance of building permits and use permits.

Amended by Act 2021, No. 930,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 659,§ 3, eff. 7/28/2021.

Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829.
Ark. Code Ann. § 14-52-111 — AR Code / Title 14 / Chapter 52 / Subchapter 1 / Section 14-52-111
Fees for bail or delivery bond
Status: in_force

A municipal police department in this state may charge and collect a fee of twenty dollars ($20.00) for taking and entering a bail or delivery bond. Amended by Act 2013, No. 1283,§ 1, eff. 8/16/2013. Acts 1997, No. 252, § 1; 2003, No. 1347, § 1.

A municipal police department in this state may charge and collect a fee of twenty dollars ($20.00) for taking and entering a bail or delivery bond.

Amended by Act 2013, No. 1283,§ 1, eff. 8/16/2013.

Acts 1997, No. 252, § 1; 2003, No. 1347, § 1.
Ark. Code Ann. § 14-15-417 — AR Code / Title 14 / Chapter 15 / Subchapter 4 / Section 14-15-417
Willful neglect of duty
Status: in_force

If any recorder willfully neglects to perform any of the duties required of him or her by §§ 14-15-401 , 14-15-402 , 14-15-407 , 14-15-409 - 14-15-414 , and 14-14-416 - 14-15-420 or willfully performs them in any other manner than is required by law, he or she shall be deemed guilty of a misdemeanor in office and shall be proceeded against accordingly. Rev. Stat., ch. 124, § 18; C. & M. Dig., § 8636; Pope's Dig., § 11228; A.S.A. 1947, § 16-112.

If any recorder willfully neglects to perform any of the duties required of him or her by §§ 14-15-401 , 14-15-402 , 14-15-407 , 14-15-409 - 14-15-414 , and 14-14-416 - 14-15-420 or willfully performs them in any other manner than is required by law, he or she shall be deemed guilty of a misdemeanor in office and shall be proceeded against accordingly.

Rev. Stat., ch. 124, § 18; C. & M. Dig., § 8636; Pope's Dig., § 11228; A.S.A. 1947, § 16-112.
Ark. Code Ann. § 14-168-306 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-306
Project plan - Approval
Status: in_force

(a) (1) Upon the creation of the redevelopment district, the local governing body shall cause the preparation of a project plan for each redevelopment district, and the project plan shall be adopted by ordinance of the local governing body. (2) This process shall conform to the procedures set forth in this section. (b) Each project plan shall include: (1) A statement listing the kind, number, and location of all proposed public works or improvements benefiting the district; (2) (A) An economic analysis prepared by a third party independent of the local governing body that shall include the projected aggregate tax impact, if any, to taxing units as a result of the creation of a redevelopment district. (B) The economic analysis shall include a comparison of the projected ad valorem tax revenue diverted from taxing units to the redevelopment district special fund against all projected sales, income, and ad valorem taxes received by taxing units or recaptured by taxing units from neighboring states as a result of the creation of the redevelopment district. (C) (i) The local governing body shall submit the economic analysis to the Arkansas Economic Development Commission for review. (ii) The commission shall review the economic analysis and provide written comments as to its economic feasibility to the local governing body no later than thirty (30) days after submission by the local governing body; (3) A list of estimated project costs; (4) A description of the methods of financing all estimated project costs, including the issuance of tax increment bonds; (5) A certification by the county assessor of the base value as of the date of certification; (6) A certification by the county clerk or county tax collector, if the county operates under the unit tax ledger system, of the total ad valorem rate, debt service ad valorem rate, and applicable ad valorem rate for the redevelopment district as of the date of certification; (7) The type and amount of any other revenues that are expected to be deposited to the special fund of the redevelopment district; (8) A map showing existing uses and conditions of real property in the district; (9) A map of proposed improvements and uses in the district; (10) Proposed changes of zoning ordinances; (11) Appropriate cross-references to any master plan, map, building codes, and city ordinances affected by the project plan; (12) A list of estimated nonproject costs; (13) A statement of the proposed method for the relocation of any persons to be displaced; and (14) An estimate of the timing, number, and types of jobs to be created by the redevelopment project. (c) If the project plan is to include tax increment financing, the tax increment financing portion of the plan shall set forth: (1) An estimate of the amount of indebtedness to be incurred pursuant to this subchapter; (2) An estimate of the tax increment to be generated as a result of the project; (3) The method for calculating the tax increment, which shall be in conformance with the provisions of this subchapter, together with any provision for adjustment of the method of calculation; (4) Any other revenues, such as payment-in-lieu-of-taxes revenues, to be used to secure the tax increment financing; and (5) Any other provisions as may be deemed necessary in order to carry out any tax increment financing to be used for the redevelopment project. (d) If less than all of the tax increment is to be used to fund a redevelopment project or to pay project costs or retire tax increment financing, the project plan shall set forth the portion of the tax increment to be deposited into the special fund of the redevelopment district, and provide for the distribution of the remaining portion of the tax increment to the taxing units in which the district lies. (e) (1) The local governing body shall hold a public hearing at which interested parties are afforded a reasonable opportunity to express their views on the proposed project plan. (2) (A) Notice of the hearing shall be published in a newspaper of general circulation in the city or county at least fifteen (15) days prior to the hearing. (B) Prior to this publication, a copy of the notice shall be sent by first-class mail to the chief executive officers of all local governmental and taxing entities having the power to levy taxes on property located within the proposed redevelopment district and to the superintendent of any school district which includes property located within the proposed redevelopment district. (3) The hearing may be held in conjunction with the hearing set forth in § 14-168-305(b)(1) . (f) (1) Approval by the local governing body of a project plan must be within one (1) year after the date of the county assessor's certification required by subdivision (b)(5) of this section. (2) The approval shall be by ordinance which contains a finding that the plan is economically feasible. Acts 2001, No. 1197, § 7; 2005, No. 2317, § 1; 2005, No. 2231, § 2.

(a) (1) Upon the creation of the redevelopment district, the local governing body shall cause the preparation of a project plan for each redevelopment district, and the project plan shall be adopted by ordinance of the local governing body. (2) This process shall conform to the procedures set forth in this section.

(1) Upon the creation of the redevelopment district, the local governing body shall cause the preparation of a project plan for each redevelopment district, and the project plan shall be adopted by ordinance of the local governing body.

(2) This process shall conform to the procedures set forth in this section.

(b) Each project plan shall include: (1) A statement listing the kind, number, and location of all proposed public works or improvements benefiting the district; (2) (A) An economic analysis prepared by a third party independent of the local governing body that shall include the projected aggregate tax impact, if any, to taxing units as a result of the creation of a redevelopment district. (B) The economic analysis shall include a comparison of the projected ad valorem tax revenue diverted from taxing units to the redevelopment district special fund against all projected sales, income, and ad valorem taxes received by taxing units or recaptured by taxing units from neighboring states as a result of the creation of the redevelopment district. (C) (i) The local governing body shall submit the economic analysis to the Arkansas Economic Development Commission for review. (ii) The commission shall review the economic analysis and provide written comments as to its economic feasibility to the local governing body no later than thirty (30) days after submission by the local governing body; (3) A list of estimated project costs; (4) A description of the methods of financing all estimated project costs, including the issuance of tax increment bonds; (5) A certification by the county assessor of the base value as of the date of certification; (6) A certification by the county clerk or county tax collector, if the county operates under the unit tax ledger system, of the total ad valorem rate, debt service ad valorem rate, and applicable ad valorem rate for the redevelopment district as of the date of certification; (7) The type and amount of any other revenues that are expected to be deposited to the special fund of the redevelopment district; (8) A map showing existing uses and conditions of real property in the district; (9) A map of proposed improvements and uses in the district; (10) Proposed changes of zoning ordinances; (11) Appropriate cross-references to any master plan, map, building codes, and city ordinances affected by the project plan; (12) A list of estimated nonproject costs; (13) A statement of the proposed method for the relocation of any persons to be displaced; and (14) An estimate of the timing, number, and types of jobs to be created by the redevelopment project.

(1) A statement listing the kind, number, and location of all proposed public works or improvements benefiting the district;

(2) (A) An economic analysis prepared by a third party independent of the local governing body that shall include the projected aggregate tax impact, if any, to taxing units as a result of the creation of a redevelopment district. (B) The economic analysis shall include a comparison of the projected ad valorem tax revenue diverted from taxing units to the redevelopment district special fund against all projected sales, income, and ad valorem taxes received by taxing units or recaptured by taxing units from neighboring states as a result of the creation of the redevelopment district. (C) (i) The local governing body shall submit the economic analysis to the Arkansas Economic Development Commission for review. (ii) The commission shall review the economic analysis and provide written comments as to its economic feasibility to the local governing body no later than thirty (30) days after submission by the local governing body;

(A) An economic analysis prepared by a third party independent of the local governing body that shall include the projected aggregate tax impact, if any, to taxing units as a result of the creation of a redevelopment district.

(B) The economic analysis shall include a comparison of the projected ad valorem tax revenue diverted from taxing units to the redevelopment district special fund against all projected sales, income, and ad valorem taxes received by taxing units or recaptured by taxing units from neighboring states as a result of the creation of the redevelopment district.

(C) (i) The local governing body shall submit the economic analysis to the Arkansas Economic Development Commission for review. (ii) The commission shall review the economic analysis and provide written comments as to its economic feasibility to the local governing body no later than thirty (30) days after submission by the local governing body;

(i) The local governing body shall submit the economic analysis to the Arkansas Economic Development Commission for review.

(ii) The commission shall review the economic analysis and provide written comments as to its economic feasibility to the local governing body no later than thirty (30) days after submission by the local governing body;

(3) A list of estimated project costs;

(4) A description of the methods of financing all estimated project costs, including the issuance of tax increment bonds;

(5) A certification by the county assessor of the base value as of the date of certification;

(6) A certification by the county clerk or county tax collector, if the county operates under the unit tax ledger system, of the total ad valorem rate, debt service ad valorem rate, and applicable ad valorem rate for the redevelopment district as of the date of certification;

(7) The type and amount of any other revenues that are expected to be deposited to the special fund of the redevelopment district;

(8) A map showing existing uses and conditions of real property in the district;

(9) A map of proposed improvements and uses in the district;

(10) Proposed changes of zoning ordinances;

(11) Appropriate cross-references to any master plan, map, building codes, and city ordinances affected by the project plan;

(12) A list of estimated nonproject costs;

(13) A statement of the proposed method for the relocation of any persons to be displaced; and

(14) An estimate of the timing, number, and types of jobs to be created by the redevelopment project.

(c) If the project plan is to include tax increment financing, the tax increment financing portion of the plan shall set forth: (1) An estimate of the amount of indebtedness to be incurred pursuant to this subchapter; (2) An estimate of the tax increment to be generated as a result of the project; (3) The method for calculating the tax increment, which shall be in conformance with the provisions of this subchapter, together with any provision for adjustment of the method of calculation; (4) Any other revenues, such as payment-in-lieu-of-taxes revenues, to be used to secure the tax increment financing; and (5) Any other provisions as may be deemed necessary in order to carry out any tax increment financing to be used for the redevelopment project.

(1) An estimate of the amount of indebtedness to be incurred pursuant to this subchapter;

(2) An estimate of the tax increment to be generated as a result of the project;

(3) The method for calculating the tax increment, which shall be in conformance with the provisions of this subchapter, together with any provision for adjustment of the method of calculation;

(4) Any other revenues, such as payment-in-lieu-of-taxes revenues, to be used to secure the tax increment financing; and

(5) Any other provisions as may be deemed necessary in order to carry out any tax increment financing to be used for the redevelopment project.

(d) If less than all of the tax increment is to be used to fund a redevelopment project or to pay project costs or retire tax increment financing, the project plan shall set forth the portion of the tax increment to be deposited into the special fund of the redevelopment district, and provide for the distribution of the remaining portion of the tax increment to the taxing units in which the district lies.

(e) (1) The local governing body shall hold a public hearing at which interested parties are afforded a reasonable opportunity to express their views on the proposed project plan. (2) (A) Notice of the hearing shall be published in a newspaper of general circulation in the city or county at least fifteen (15) days prior to the hearing. (B) Prior to this publication, a copy of the notice shall be sent by first-class mail to the chief executive officers of all local governmental and taxing entities having the power to levy taxes on property located within the proposed redevelopment district and to the superintendent of any school district which includes property located within the proposed redevelopment district. (3) The hearing may be held in conjunction with the hearing set forth in § 14-168-305(b)(1) .

(1) The local governing body shall hold a public hearing at which interested parties are afforded a reasonable opportunity to express their views on the proposed project plan.

(2) (A) Notice of the hearing shall be published in a newspaper of general circulation in the city or county at least fifteen (15) days prior to the hearing. (B) Prior to this publication, a copy of the notice shall be sent by first-class mail to the chief executive officers of all local governmental and taxing entities having the power to levy taxes on property located within the proposed redevelopment district and to the superintendent of any school district which includes property located within the proposed redevelopment district.

(A) Notice of the hearing shall be published in a newspaper of general circulation in the city or county at least fifteen (15) days prior to the hearing.

(B) Prior to this publication, a copy of the notice shall be sent by first-class mail to the chief executive officers of all local governmental and taxing entities having the power to levy taxes on property located within the proposed redevelopment district and to the superintendent of any school district which includes property located within the proposed redevelopment district.

(3) The hearing may be held in conjunction with the hearing set forth in § 14-168-305(b)(1) .

(f) (1) Approval by the local governing body of a project plan must be within one (1) year after the date of the county assessor's certification required by subdivision (b)(5) of this section. (2) The approval shall be by ordinance which contains a finding that the plan is economically feasible.

(1) Approval by the local governing body of a project plan must be within one (1) year after the date of the county assessor's certification required by subdivision (b)(5) of this section.

(2) The approval shall be by ordinance which contains a finding that the plan is economically feasible.

Acts 2001, No. 1197, § 7; 2005, No. 2317, § 1; 2005, No. 2231, § 2.
Ark. Code Ann. § 14-74-101 — AR Code / Title 14 / Chapter 74 / Section 14-74-101
Chapter cumulative
Status: in_force

The provisions of this chapter shall be cumulative to any similar provisions of law now in effect. Acts 1939, No. 69, § 2; A.S.A. 1947, § 13-1302.

The provisions of this chapter shall be cumulative to any similar provisions of law now in effect.

Acts 1939, No. 69, § 2; A.S.A. 1947, § 13-1302.
Ark. Code Ann. § 14-15-503 — AR Code / Title 14 / Chapter 15 / Subchapter 5 / Section 14-15-503
Powers of deputies
Status: in_force

(a) Every deputy sheriff appointed as provided by law shall possess all the powers of his or her principal and may perform any of the duties required by law to be performed by the sheriff. (b) Deputy sheriffs are authorized to make arrests for misdemeanor offenses and felony offenses and exercise all other powers as deputy sheriffs while in the course of their employment for planned community property owners' associations or suburban improvement districts. (c) Every deputy sheriff so appointed shall possess the minimum qualifications as provided by law. (d) Planned community property owners' associations shall purchase and maintain liability insurance to protect deputy sheriffs employed by such associations. Liability insurance coverage shall be in a principal amount of no less than fifty thousand dollars ($50,000) for each deputy sheriff employed by the association. Rev. Stat., ch. 140, § 7; C. & M. Dig., § 9155; Pope's Dig., § 11816; Acts 1977, No. 237, § 1; 1983, No. 171, § 1; 1985, No. 561, § 1; A.S.A. 1947, § 12-1107.

(a) Every deputy sheriff appointed as provided by law shall possess all the powers of his or her principal and may perform any of the duties required by law to be performed by the sheriff.

(b) Deputy sheriffs are authorized to make arrests for misdemeanor offenses and felony offenses and exercise all other powers as deputy sheriffs while in the course of their employment for planned community property owners' associations or suburban improvement districts.

(c) Every deputy sheriff so appointed shall possess the minimum qualifications as provided by law.

(d) Planned community property owners' associations shall purchase and maintain liability insurance to protect deputy sheriffs employed by such associations. Liability insurance coverage shall be in a principal amount of no less than fifty thousand dollars ($50,000) for each deputy sheriff employed by the association.

Rev. Stat., ch. 140, § 7; C. & M. Dig., § 9155; Pope's Dig., § 11816; Acts 1977, No. 237, § 1; 1983, No. 171, § 1; 1985, No. 561, § 1; A.S.A. 1947, § 12-1107.
Ark. Code Ann. § 14-123-403 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-403
Notice of landholders' meeting
Status: in_force

The board of directors shall then call a meeting of all the landholders of the district at some place convenient to some part of the work and shall give at least five (5) days' notice of the time and place of the meeting, by written or printed handbills put up in ten (10) public places in the district, that the estimates of the surveyor and the list of the assessors will be submitted to the meeting for action, and requiring the owner of the lands and the holders of any lien thereon to show cause at the meeting why the lands shall not be assessed with their proportional part of the cost of the work. Acts 1879, No. 78, § 8, p. 117; C. & M. Dig., § 6825; Pope's Dig., § 4551; A.S.A. 1947, § 21-623.

The board of directors shall then call a meeting of all the landholders of the district at some place convenient to some part of the work and shall give at least five (5) days' notice of the time and place of the meeting, by written or printed handbills put up in ten (10) public places in the district, that the estimates of the surveyor and the list of the assessors will be submitted to the meeting for action, and requiring the owner of the lands and the holders of any lien thereon to show cause at the meeting why the lands shall not be assessed with their proportional part of the cost of the work.

Acts 1879, No. 78, § 8, p. 117; C. & M. Dig., § 6825; Pope's Dig., § 4551; A.S.A. 1947, § 21-623.
Ark. Code Ann. § 14-92-603 — AR Code / Title 14 / Chapter 92 / Subchapter 6 / Section 14-92-603
Collection of delinquent taxes
Status: in_force

(a) If an eligible district has elected to collect its own taxes under § 14-92-602 , the district is responsible for and may take action for collecting taxes that have become delinquent. (b) (1) An eligible district that has not elected to collect its own taxes under § 14-92-602 may elect to assume sole responsibility for the collection of the eligible district's taxes that have become delinquent. (2) (A) An election under subdivision (b)(1) of this section shall be made by resolution of the board of commissioners of the eligible district, and a certified copy of the resolution shall be filed with the county tax collector of each county in which any of the territory of the eligible district is located, prior to October 15 of any year. (B) The election shall be effective for taxes becoming delinquent in the year of filing. (c) (1) If an eligible district has responsibility under this section for collecting the delinquent taxes of the district, or if the eligible district elects to assume this responsibility, the county collector shall take no action to enforce collection of delinquent taxes. (2) If the eligible district has elected to collect only delinquent taxes, the county collector shall report delinquencies to the board of the eligible district. (d) If it is the responsibility of the eligible district to collect delinquent taxes, the district shall add to the amount of the tax a penalty of twenty-five percent (25%) and shall enforce collection by civil proceedings in the circuit court of the county and in the manner provided by §§ 14-121-426 - 14-121-432 . (e) (1) Once an eligible district makes the application to collect the delinquent taxes of the district, the election continues in effect until revoked. (2) (A) Revocation shall be by resolution of the board and the filing of certified copies of the resolution with the collector of each county in which any of the territory of the eligible district is located. (B) A filing under subdivision (e)(2)(A) of this section shall be made on or before October 15 of any year and shall be effective as to taxes becoming delinquent in that year. Acts 1985, No. 430, § 3; A.S.A. 1947, § 20-748; Acts 2011, No. 175, § 2.

(a) If an eligible district has elected to collect its own taxes under § 14-92-602 , the district is responsible for and may take action for collecting taxes that have become delinquent.

(b) (1) An eligible district that has not elected to collect its own taxes under § 14-92-602 may elect to assume sole responsibility for the collection of the eligible district's taxes that have become delinquent. (2) (A) An election under subdivision (b)(1) of this section shall be made by resolution of the board of commissioners of the eligible district, and a certified copy of the resolution shall be filed with the county tax collector of each county in which any of the territory of the eligible district is located, prior to October 15 of any year. (B) The election shall be effective for taxes becoming delinquent in the year of filing.

(1) An eligible district that has not elected to collect its own taxes under § 14-92-602 may elect to assume sole responsibility for the collection of the eligible district's taxes that have become delinquent.

(2) (A) An election under subdivision (b)(1) of this section shall be made by resolution of the board of commissioners of the eligible district, and a certified copy of the resolution shall be filed with the county tax collector of each county in which any of the territory of the eligible district is located, prior to October 15 of any year. (B) The election shall be effective for taxes becoming delinquent in the year of filing.

(A) An election under subdivision (b)(1) of this section shall be made by resolution of the board of commissioners of the eligible district, and a certified copy of the resolution shall be filed with the county tax collector of each county in which any of the territory of the eligible district is located, prior to October 15 of any year.

(B) The election shall be effective for taxes becoming delinquent in the year of filing.

(c) (1) If an eligible district has responsibility under this section for collecting the delinquent taxes of the district, or if the eligible district elects to assume this responsibility, the county collector shall take no action to enforce collection of delinquent taxes. (2) If the eligible district has elected to collect only delinquent taxes, the county collector shall report delinquencies to the board of the eligible district.

(1) If an eligible district has responsibility under this section for collecting the delinquent taxes of the district, or if the eligible district elects to assume this responsibility, the county collector shall take no action to enforce collection of delinquent taxes.

(2) If the eligible district has elected to collect only delinquent taxes, the county collector shall report delinquencies to the board of the eligible district.

(d) If it is the responsibility of the eligible district to collect delinquent taxes, the district shall add to the amount of the tax a penalty of twenty-five percent (25%) and shall enforce collection by civil proceedings in the circuit court of the county and in the manner provided by §§ 14-121-426 - 14-121-432 .

(e) (1) Once an eligible district makes the application to collect the delinquent taxes of the district, the election continues in effect until revoked. (2) (A) Revocation shall be by resolution of the board and the filing of certified copies of the resolution with the collector of each county in which any of the territory of the eligible district is located. (B) A filing under subdivision (e)(2)(A) of this section shall be made on or before October 15 of any year and shall be effective as to taxes becoming delinquent in that year.

(1) Once an eligible district makes the application to collect the delinquent taxes of the district, the election continues in effect until revoked.

(2) (A) Revocation shall be by resolution of the board and the filing of certified copies of the resolution with the collector of each county in which any of the territory of the eligible district is located. (B) A filing under subdivision (e)(2)(A) of this section shall be made on or before October 15 of any year and shall be effective as to taxes becoming delinquent in that year.

(A) Revocation shall be by resolution of the board and the filing of certified copies of the resolution with the collector of each county in which any of the territory of the eligible district is located.

(B) A filing under subdivision (e)(2)(A) of this section shall be made on or before October 15 of any year and shall be effective as to taxes becoming delinquent in that year.

Acts 1985, No. 430, § 3; A.S.A. 1947, § 20-748; Acts 2011, No. 175, § 2.
Ark. Code Ann. § 14-234-215 — AR Code / Title 14 / Chapter 234 / Subchapter 2 / Section 14-234-215
Eminent domain
Status: in_force

(a) For the purpose of acquiring any lands or property for the operation of the municipal waterworks system authorized by law, a municipality shall have the right of eminent domain as provided in §§ 18-15-301 - 18-15-303 . (b) The municipality shall have the right by its agents or employees to peacefully enter upon any lands, structures, or rights-of-way to make surveys, tests, and measurements thereon, but is liable for any damage that may result by reason of its acts. (c) (1) When a municipality by inadvertence has taken private property without the eminent domain procedure authorized by law or without the consent of the property owner, the municipality may file an application in the circuit court of the county in which the property is situated setting out the facts and praying that a jury be assembled to assess the amount the municipality should pay for the property so taken. (2) Service of process or publication of notice shall be as provided in §§ 18-15-301 - 18-15-303 . Acts 1933, No. 131, § 9; Pope's Dig., § 10008; Acts 1955, No. 321, § 1; A.S.A. 1947, § 19-4209.

(a) For the purpose of acquiring any lands or property for the operation of the municipal waterworks system authorized by law, a municipality shall have the right of eminent domain as provided in §§ 18-15-301 - 18-15-303 .

(b) The municipality shall have the right by its agents or employees to peacefully enter upon any lands, structures, or rights-of-way to make surveys, tests, and measurements thereon, but is liable for any damage that may result by reason of its acts.

(c) (1) When a municipality by inadvertence has taken private property without the eminent domain procedure authorized by law or without the consent of the property owner, the municipality may file an application in the circuit court of the county in which the property is situated setting out the facts and praying that a jury be assembled to assess the amount the municipality should pay for the property so taken. (2) Service of process or publication of notice shall be as provided in §§ 18-15-301 - 18-15-303 .

(1) When a municipality by inadvertence has taken private property without the eminent domain procedure authorized by law or without the consent of the property owner, the municipality may file an application in the circuit court of the county in which the property is situated setting out the facts and praying that a jury be assembled to assess the amount the municipality should pay for the property so taken.

(2) Service of process or publication of notice shall be as provided in §§ 18-15-301 - 18-15-303 .

Acts 1933, No. 131, § 9; Pope's Dig., § 10008; Acts 1955, No. 321, § 1; A.S.A. 1947, § 19-4209.
Ark. Code Ann. § 14-40-1207 — AR Code / Title 14 / Chapter 40 / Subchapter 12 / Section 14-40-1207
Special election of council members or all city officials
Status: in_force

(a) (1) (A) Except as provided under subdivision (a)(1)(B) of this section, the city or town council shall call a special election of council members to be held at such times and places as the council may direct pursuant to a proclamation issued by the mayor in accordance with § 7-11-101 et seq., in the wards of the smaller municipality and for the election of council members from any other new wards that may be created by the council out of territory included in the larger city or incorporated town before the annexation, as provided in this subchapter. (B) If the petition calls for a citywide election for all officials of the new consolidated city or incorporated town, then the city or town council shall call a special election pursuant to a proclamation issued by the mayor in accordance with § 7-11-101 et seq. for all city or town officials to be held at the times and places as the city or town council may direct throughout each ward of the consolidated city or incorporated town. (2) If the implementation of the consolidation of the cities or towns is delayed, the special election for new council members to a city or town council or all city officials shall be held at least forty-five (45) days before the effective date of the consolidation. (b) Each ward of the consolidated city or incorporated town shall have two (2) council members, to be elected in the same manner and for the same term as council members are elected in cities and incorporated towns. Amended by Act 2017, No. 879,§ 5, eff. 8/1/2017. Acts 1913, No. 318, § 3; C. & M. Dig., § 7476; Pope's Dig., § 9509; A.S.A. 1947, § 19-315; Acts 2003, No. 1171, § 4; 2005, No. 2145, § 24; 2007, No. 1049, § 42; 2009, No. 1480, § 61.

(a) (1) (A) Except as provided under subdivision (a)(1)(B) of this section, the city or town council shall call a special election of council members to be held at such times and places as the council may direct pursuant to a proclamation issued by the mayor in accordance with § 7-11-101 et seq., in the wards of the smaller municipality and for the election of council members from any other new wards that may be created by the council out of territory included in the larger city or incorporated town before the annexation, as provided in this subchapter. (B) If the petition calls for a citywide election for all officials of the new consolidated city or incorporated town, then the city or town council shall call a special election pursuant to a proclamation issued by the mayor in accordance with § 7-11-101 et seq. for all city or town officials to be held at the times and places as the city or town council may direct throughout each ward of the consolidated city or incorporated town. (2) If the implementation of the consolidation of the cities or towns is delayed, the special election for new council members to a city or town council or all city officials shall be held at least forty-five (45) days before the effective date of the consolidation.

(1) (A) Except as provided under subdivision (a)(1)(B) of this section, the city or town council shall call a special election of council members to be held at such times and places as the council may direct pursuant to a proclamation issued by the mayor in accordance with § 7-11-101 et seq., in the wards of the smaller municipality and for the election of council members from any other new wards that may be created by the council out of territory included in the larger city or incorporated town before the annexation, as provided in this subchapter. (B) If the petition calls for a citywide election for all officials of the new consolidated city or incorporated town, then the city or town council shall call a special election pursuant to a proclamation issued by the mayor in accordance with § 7-11-101 et seq. for all city or town officials to be held at the times and places as the city or town council may direct throughout each ward of the consolidated city or incorporated town.

(A) Except as provided under subdivision (a)(1)(B) of this section, the city or town council shall call a special election of council members to be held at such times and places as the council may direct pursuant to a proclamation issued by the mayor in accordance with § 7-11-101 et seq., in the wards of the smaller municipality and for the election of council members from any other new wards that may be created by the council out of territory included in the larger city or incorporated town before the annexation, as provided in this subchapter.

(B) If the petition calls for a citywide election for all officials of the new consolidated city or incorporated town, then the city or town council shall call a special election pursuant to a proclamation issued by the mayor in accordance with § 7-11-101 et seq. for all city or town officials to be held at the times and places as the city or town council may direct throughout each ward of the consolidated city or incorporated town.

(2) If the implementation of the consolidation of the cities or towns is delayed, the special election for new council members to a city or town council or all city officials shall be held at least forty-five (45) days before the effective date of the consolidation.

(b) Each ward of the consolidated city or incorporated town shall have two (2) council members, to be elected in the same manner and for the same term as council members are elected in cities and incorporated towns.

Amended by Act 2017, No. 879,§ 5, eff. 8/1/2017.

Acts 1913, No. 318, § 3; C. & M. Dig., § 7476; Pope's Dig., § 9509; A.S.A. 1947, § 19-315; Acts 2003, No. 1171, § 4; 2005, No. 2145, § 24; 2007, No. 1049, § 42; 2009, No. 1480, § 61.
Ark. Code Ann. § 14-17-201 — AR Code / Title 14 / Chapter 17 / Subchapter 2 / Section 14-17-201
Construction
Status: in_force

This subchapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. Acts 1977, No. 422, § 10.0; A.S.A. 1947, § 17-1116.

This subchapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

Acts 1977, No. 422, § 10.0; A.S.A. 1947, § 17-1116.
Ark. Code Ann. § 14-361-111 — AR Code / Title 14 / Chapter 361 / Section 14-361-111
Jurisdiction and regulation
Status: in_force

(a) Scope. (1) (A) A municipality, which has established or acquired an airport or air navigation facility is authorized to adopt, amend, and repeal such reasonable ordinances, resolutions, rules, regulations, and orders as it shall deem necessary for the management, government, and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. (B) (i) For the enforcement of them, the municipality, by ordinance or resolution as may by law be appropriate, may appoint airport guards or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations, and orders. (ii) The penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced. (2) To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it, and no other municipality shall have any authority to charge or exact a license fee or occupation tax for operations thereon. (b) Conformity to Federal and State Law. No ordinance, resolution, rule, regulation, or order adopted by a municipality pursuant to this chapter shall be inconsistent with, or contrary to, any act of the Congress of the United States or laws of this state, or to any regulations promulgated or standards established pursuant to them. Acts 1953, No. 128, § 7; A.S.A. 1947, § 74-607.

(a) Scope. (1) (A) A municipality, which has established or acquired an airport or air navigation facility is authorized to adopt, amend, and repeal such reasonable ordinances, resolutions, rules, regulations, and orders as it shall deem necessary for the management, government, and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. (B) (i) For the enforcement of them, the municipality, by ordinance or resolution as may by law be appropriate, may appoint airport guards or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations, and orders. (ii) The penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced. (2) To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it, and no other municipality shall have any authority to charge or exact a license fee or occupation tax for operations thereon.

(1) (A) A municipality, which has established or acquired an airport or air navigation facility is authorized to adopt, amend, and repeal such reasonable ordinances, resolutions, rules, regulations, and orders as it shall deem necessary for the management, government, and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. (B) (i) For the enforcement of them, the municipality, by ordinance or resolution as may by law be appropriate, may appoint airport guards or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations, and orders. (ii) The penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.

(A) A municipality, which has established or acquired an airport or air navigation facility is authorized to adopt, amend, and repeal such reasonable ordinances, resolutions, rules, regulations, and orders as it shall deem necessary for the management, government, and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality.

(B) (i) For the enforcement of them, the municipality, by ordinance or resolution as may by law be appropriate, may appoint airport guards or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations, and orders. (ii) The penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.

(i) For the enforcement of them, the municipality, by ordinance or resolution as may by law be appropriate, may appoint airport guards or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations, and orders.

(ii) The penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.

(2) To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it, and no other municipality shall have any authority to charge or exact a license fee or occupation tax for operations thereon.

(b) Conformity to Federal and State Law. No ordinance, resolution, rule, regulation, or order adopted by a municipality pursuant to this chapter shall be inconsistent with, or contrary to, any act of the Congress of the United States or laws of this state, or to any regulations promulgated or standards established pursuant to them.

Acts 1953, No. 128, § 7; A.S.A. 1947, § 74-607.
Ark. Code Ann. § 14-169-303 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-303
Powers supplemental
Status: in_force

The powers conferred by this act shall be in addition and supplemental to the powers conferred by any other law. Acts 1941, No. 352, § 10; A.S.A. 1947, § 19-3045.

The powers conferred by this act shall be in addition and supplemental to the powers conferred by any other law.

Acts 1941, No. 352, § 10; A.S.A. 1947, § 19-3045.
Ark. Code Ann. § 14-96-202 — AR Code / Title 14 / Chapter 96 / Subchapter 2 / Section 14-96-202
Establishment of broadband improvement district - Powers and duties
Status: in_force

(a) Without limiting the powers, privileges, or authority that may be jointly or cooperatively exercised under current law, any party may enter into an agreement with a private actor as provided by this subchapter to establish a broadband improvement district to: (1) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under this subchapter; and (2) Finance public capital facilities or projects that include broadband internet service. (b) A broadband improvement district: (1) (A) May enter into a negotiated agreement with a private actor in which the private actor will construct, finance, implement, maintain, and operate a broadband system necessary to provide broadband internet service and will provide the broadband internet service. (B) Upon entering an agreement under subdivision (b)(1)(A) of this section, the private actor shall be responsible for: (i) The construction, financing, implementation, and operation of the broadband system; (ii) The maintenance, repair, renewal, relocation, or removal of broadband system infrastructure, materials, equipment, and other facilities installed to facilitate the provision of broadband internet service; (iii) Additional installation or construction of new broadband system infrastructure, materials, equipment, and other facilities necessary to ensure the continuance of providing broadband internet service; (iv) The maintenance, repair, renewal, relocation, renovation, or removal of any existing public capital facilities or projects that include broadband internet service; (v) The additional installation or construction of public capital facilities or projects necessary to ensure the continuance of providing broadband internet service; (vi) Providing high-speed and high-capacity broadband internet service; (vii) Responding to requests from broadband internet service customers; and (viii) Maintaining the quality of the infrastructure and equipment that is provided and owned by the private actor; (2) May finance a broadband system necessary to provide broadband internet service through a public-private partnership as provided by this subchapter if a private actor is the entity providing the broadband internet service; (3) May engage in negotiations with a private actor before, during, and after construction, financing, and implementation of the broadband system and while broadband internet service is being provided in the area; and (4) May receive federal, state, county, or municipal funding through grants, transfers, appropriations, and other legal forms of payment to accomplish the purposes of this section. (c) A party may receive federal, state, county, or municipal funding through grants, transfers, appropriations, and other legal forms of payment to accomplish the purposes of this section. (d) A party in existence on and after January 1, 2021, may conduct any of the activities in this section using the notice and voting procedures that are necessary to create the party under the law applicable to that party. Added by Act 2021, No. 795,§ 5, eff. 7/28/2021.

(a) Without limiting the powers, privileges, or authority that may be jointly or cooperatively exercised under current law, any party may enter into an agreement with a private actor as provided by this subchapter to establish a broadband improvement district to: (1) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under this subchapter; and (2) Finance public capital facilities or projects that include broadband internet service.

(1) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under this subchapter; and

(2) Finance public capital facilities or projects that include broadband internet service.

(b) A broadband improvement district: (1) (A) May enter into a negotiated agreement with a private actor in which the private actor will construct, finance, implement, maintain, and operate a broadband system necessary to provide broadband internet service and will provide the broadband internet service. (B) Upon entering an agreement under subdivision (b)(1)(A) of this section, the private actor shall be responsible for: (i) The construction, financing, implementation, and operation of the broadband system; (ii) The maintenance, repair, renewal, relocation, or removal of broadband system infrastructure, materials, equipment, and other facilities installed to facilitate the provision of broadband internet service; (iii) Additional installation or construction of new broadband system infrastructure, materials, equipment, and other facilities necessary to ensure the continuance of providing broadband internet service; (iv) The maintenance, repair, renewal, relocation, renovation, or removal of any existing public capital facilities or projects that include broadband internet service; (v) The additional installation or construction of public capital facilities or projects necessary to ensure the continuance of providing broadband internet service; (vi) Providing high-speed and high-capacity broadband internet service; (vii) Responding to requests from broadband internet service customers; and (viii) Maintaining the quality of the infrastructure and equipment that is provided and owned by the private actor; (2) May finance a broadband system necessary to provide broadband internet service through a public-private partnership as provided by this subchapter if a private actor is the entity providing the broadband internet service; (3) May engage in negotiations with a private actor before, during, and after construction, financing, and implementation of the broadband system and while broadband internet service is being provided in the area; and (4) May receive federal, state, county, or municipal funding through grants, transfers, appropriations, and other legal forms of payment to accomplish the purposes of this section.

(1) (A) May enter into a negotiated agreement with a private actor in which the private actor will construct, finance, implement, maintain, and operate a broadband system necessary to provide broadband internet service and will provide the broadband internet service. (B) Upon entering an agreement under subdivision (b)(1)(A) of this section, the private actor shall be responsible for: (i) The construction, financing, implementation, and operation of the broadband system; (ii) The maintenance, repair, renewal, relocation, or removal of broadband system infrastructure, materials, equipment, and other facilities installed to facilitate the provision of broadband internet service; (iii) Additional installation or construction of new broadband system infrastructure, materials, equipment, and other facilities necessary to ensure the continuance of providing broadband internet service; (iv) The maintenance, repair, renewal, relocation, renovation, or removal of any existing public capital facilities or projects that include broadband internet service; (v) The additional installation or construction of public capital facilities or projects necessary to ensure the continuance of providing broadband internet service; (vi) Providing high-speed and high-capacity broadband internet service; (vii) Responding to requests from broadband internet service customers; and (viii) Maintaining the quality of the infrastructure and equipment that is provided and owned by the private actor;

(A) May enter into a negotiated agreement with a private actor in which the private actor will construct, finance, implement, maintain, and operate a broadband system necessary to provide broadband internet service and will provide the broadband internet service.

(B) Upon entering an agreement under subdivision (b)(1)(A) of this section, the private actor shall be responsible for: (i) The construction, financing, implementation, and operation of the broadband system; (ii) The maintenance, repair, renewal, relocation, or removal of broadband system infrastructure, materials, equipment, and other facilities installed to facilitate the provision of broadband internet service; (iii) Additional installation or construction of new broadband system infrastructure, materials, equipment, and other facilities necessary to ensure the continuance of providing broadband internet service; (iv) The maintenance, repair, renewal, relocation, renovation, or removal of any existing public capital facilities or projects that include broadband internet service; (v) The additional installation or construction of public capital facilities or projects necessary to ensure the continuance of providing broadband internet service; (vi) Providing high-speed and high-capacity broadband internet service; (vii) Responding to requests from broadband internet service customers; and (viii) Maintaining the quality of the infrastructure and equipment that is provided and owned by the private actor;

(i) The construction, financing, implementation, and operation of the broadband system;

(ii) The maintenance, repair, renewal, relocation, or removal of broadband system infrastructure, materials, equipment, and other facilities installed to facilitate the provision of broadband internet service;

(iii) Additional installation or construction of new broadband system infrastructure, materials, equipment, and other facilities necessary to ensure the continuance of providing broadband internet service;

(iv) The maintenance, repair, renewal, relocation, renovation, or removal of any existing public capital facilities or projects that include broadband internet service;

(v) The additional installation or construction of public capital facilities or projects necessary to ensure the continuance of providing broadband internet service;

(vi) Providing high-speed and high-capacity broadband internet service;

(vii) Responding to requests from broadband internet service customers; and

(viii) Maintaining the quality of the infrastructure and equipment that is provided and owned by the private actor;

(2) May finance a broadband system necessary to provide broadband internet service through a public-private partnership as provided by this subchapter if a private actor is the entity providing the broadband internet service;

(3) May engage in negotiations with a private actor before, during, and after construction, financing, and implementation of the broadband system and while broadband internet service is being provided in the area; and

(4) May receive federal, state, county, or municipal funding through grants, transfers, appropriations, and other legal forms of payment to accomplish the purposes of this section.

(c) A party may receive federal, state, county, or municipal funding through grants, transfers, appropriations, and other legal forms of payment to accomplish the purposes of this section.

(d) A party in existence on and after January 1, 2021, may conduct any of the activities in this section using the notice and voting procedures that are necessary to create the party under the law applicable to that party.

Added by Act 2021, No. 795,§ 5, eff. 7/28/2021.
Ark. Code Ann. § 14-174-107 — AR Code / Title 14 / Chapter 174 / Section 14-174-107
Services
Status: in_force

To secure professional economic and industrial development management expertise, local governments are authorized to contract for such services with a community-based not-for-profit economic development corporation. For the purposes of this section, "management" means economic and industrial development planning, marketing, advertising, public relations, supervision and operation of industrial parks or other such properties, negotiation of contracts for the sale or lease of such properties, and such other operating expenses as the governing body may deem necessary, convenient, or appropriate. A "community-based not-for-profit economic development corporation" means an organization formed for the same or similar purposes as those contained in this subchapter, which may be a chamber of commerce, industrial development corporation, or similar corporation. Acts 1993, No. 1012, § 7; 1993, No. 1069, § 7.

To secure professional economic and industrial development management expertise, local governments are authorized to contract for such services with a community-based not-for-profit economic development corporation. For the purposes of this section, "management" means economic and industrial development planning, marketing, advertising, public relations, supervision and operation of industrial parks or other such properties, negotiation of contracts for the sale or lease of such properties, and such other operating expenses as the governing body may deem necessary, convenient, or appropriate. A "community-based not-for-profit economic development corporation" means an organization formed for the same or similar purposes as those contained in this subchapter, which may be a chamber of commerce, industrial development corporation, or similar corporation.

Acts 1993, No. 1012, § 7; 1993, No. 1069, § 7.
Ark. Code Ann. § 14-120-602 — AR Code / Title 14 / Chapter 120 / Subchapter 6 / Section 14-120-602
Applicability
Status: in_force

(a) This subchapter shall not apply to any drainage district or levee district, or combination of districts, which, under present law, are governed by more than five (5) commissioners, nor shall it apply to any such districts governed by commissioners who are elected under existing law. (b) Laws concerning all such districts and other laws governing improvement and drainage and levee districts shall continue in full force and effect. Acts 1971, No. 105, § 1; A.S.A. 1947, § 21-505.2.

(a) This subchapter shall not apply to any drainage district or levee district, or combination of districts, which, under present law, are governed by more than five (5) commissioners, nor shall it apply to any such districts governed by commissioners who are elected under existing law.

(b) Laws concerning all such districts and other laws governing improvement and drainage and levee districts shall continue in full force and effect.

Acts 1971, No. 105, § 1; A.S.A. 1947, § 21-505.2.
Ark. Code Ann. § 14-53-102 — AR Code / Title 14 / Chapter 53 / Section 14-53-102
Firefighting beyond municipal limits
Status: in_force

(a) (1) In order to prevent the destruction by fire of property located outside the corporate limits of cities and towns and in order to lessen the loss caused on account of insufficient means to combat fires and as a protection against such loss, the city council or other governing body of any city or town having an organized fire department may provide by ordinance that the firefighting machinery and equipment, with the necessary firefighters to operate it, may be used to combat fires beyond the corporate limits of any city or town, upon such terms, conditions, and restrictions as may be prescribed in the ordinance. (2) (A) If the city council or other governing body of any city or town enacts an ordinance to provide that its fire department may operate beyond its corporate limits, then the governing body of the city or town may further provide that necessary facilities may be built or constructed outside the corporate limits to house the firefighting machinery, equipment, and the firefighters in order to properly combat fires beyond the corporate limits, but only if: (i) There are no active fire protection services offered in the area beyond the corporate limits of the city or town where the facilities are to be constructed; and (ii) The county quorum court approves of the construction of the firefighting facilities by a county ordinance. (B) However, a city or town may construct necessary facilities to house the firefighting equipment in areas where fire protection services currently exist if, in addition to the requirement of subdivision (a)(2)(A) of this section, the construction is approved by a unanimous vote of the board of directors of the fire department serving that area outside the corporate limits. (b) (1) (A) When the organized fire department of a city or town combats a fire beyond the corporate limits of the city or town, a reasonable effort shall be made for ninety (90) days to obtain compensation or reimbursement for the services from the property owner involved. (B) If the city or town is unable to obtain payment or reimbursement from the property owner for the services within the ninety-day period, the county wherein the property is located may reimburse the municipality for the service in an amount not to exceed two hundred dollars ($200). (C) (i) A claim under this subsection shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form. (ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement. (iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013. (2) The city or town may seek payment or reimbursement from the property owner involved or the county after the ninety-day period for one hundred percent (100%) of the expendable resources the city or town used to respond to an accident if the accident involved personal property only. (c) (1) Neither the municipality nor any municipal official or fire department official or employee involved in combatting the fire shall be liable for any damages or loss that occurs while the department is combatting the fire outside the corporate limits of the city or town. (2) The firefighters shall have the same coverage as they now have if they are injured while outside the city limits. (d) All members of the fire department of any city or town when engaged in fighting fire beyond the corporate limits of the city or town under the terms of any ordinance as authorized in this section shall be considered to be acting within their line of duty and in discharge thereof. No member of the department shall lose or forfeit any right or benefit in rank, pay, disability, or retirement payments and benefits on account of out-of-city or out-of-town activities. Amended by Act 2013, No. 1345,§ 1, eff. 8/16/2013. Acts 1951, No. 270, §§ 1, 2; 1957, No. 348, § 1; 1973, No. 114, §§ 1, 2; A.S.A. 1947, §§ 19-2106 -- 19-2107; Acts 2001, No. 1464, § 1.

(a) (1) In order to prevent the destruction by fire of property located outside the corporate limits of cities and towns and in order to lessen the loss caused on account of insufficient means to combat fires and as a protection against such loss, the city council or other governing body of any city or town having an organized fire department may provide by ordinance that the firefighting machinery and equipment, with the necessary firefighters to operate it, may be used to combat fires beyond the corporate limits of any city or town, upon such terms, conditions, and restrictions as may be prescribed in the ordinance. (2) (A) If the city council or other governing body of any city or town enacts an ordinance to provide that its fire department may operate beyond its corporate limits, then the governing body of the city or town may further provide that necessary facilities may be built or constructed outside the corporate limits to house the firefighting machinery, equipment, and the firefighters in order to properly combat fires beyond the corporate limits, but only if: (i) There are no active fire protection services offered in the area beyond the corporate limits of the city or town where the facilities are to be constructed; and (ii) The county quorum court approves of the construction of the firefighting facilities by a county ordinance. (B) However, a city or town may construct necessary facilities to house the firefighting equipment in areas where fire protection services currently exist if, in addition to the requirement of subdivision (a)(2)(A) of this section, the construction is approved by a unanimous vote of the board of directors of the fire department serving that area outside the corporate limits.

(1) In order to prevent the destruction by fire of property located outside the corporate limits of cities and towns and in order to lessen the loss caused on account of insufficient means to combat fires and as a protection against such loss, the city council or other governing body of any city or town having an organized fire department may provide by ordinance that the firefighting machinery and equipment, with the necessary firefighters to operate it, may be used to combat fires beyond the corporate limits of any city or town, upon such terms, conditions, and restrictions as may be prescribed in the ordinance.

(2) (A) If the city council or other governing body of any city or town enacts an ordinance to provide that its fire department may operate beyond its corporate limits, then the governing body of the city or town may further provide that necessary facilities may be built or constructed outside the corporate limits to house the firefighting machinery, equipment, and the firefighters in order to properly combat fires beyond the corporate limits, but only if: (i) There are no active fire protection services offered in the area beyond the corporate limits of the city or town where the facilities are to be constructed; and (ii) The county quorum court approves of the construction of the firefighting facilities by a county ordinance. (B) However, a city or town may construct necessary facilities to house the firefighting equipment in areas where fire protection services currently exist if, in addition to the requirement of subdivision (a)(2)(A) of this section, the construction is approved by a unanimous vote of the board of directors of the fire department serving that area outside the corporate limits.

(A) If the city council or other governing body of any city or town enacts an ordinance to provide that its fire department may operate beyond its corporate limits, then the governing body of the city or town may further provide that necessary facilities may be built or constructed outside the corporate limits to house the firefighting machinery, equipment, and the firefighters in order to properly combat fires beyond the corporate limits, but only if: (i) There are no active fire protection services offered in the area beyond the corporate limits of the city or town where the facilities are to be constructed; and (ii) The county quorum court approves of the construction of the firefighting facilities by a county ordinance.

(i) There are no active fire protection services offered in the area beyond the corporate limits of the city or town where the facilities are to be constructed; and

(ii) The county quorum court approves of the construction of the firefighting facilities by a county ordinance.

(B) However, a city or town may construct necessary facilities to house the firefighting equipment in areas where fire protection services currently exist if, in addition to the requirement of subdivision (a)(2)(A) of this section, the construction is approved by a unanimous vote of the board of directors of the fire department serving that area outside the corporate limits.

(b) (1) (A) When the organized fire department of a city or town combats a fire beyond the corporate limits of the city or town, a reasonable effort shall be made for ninety (90) days to obtain compensation or reimbursement for the services from the property owner involved. (B) If the city or town is unable to obtain payment or reimbursement from the property owner for the services within the ninety-day period, the county wherein the property is located may reimburse the municipality for the service in an amount not to exceed two hundred dollars ($200). (C) (i) A claim under this subsection shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form. (ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement. (iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013. (2) The city or town may seek payment or reimbursement from the property owner involved or the county after the ninety-day period for one hundred percent (100%) of the expendable resources the city or town used to respond to an accident if the accident involved personal property only.

(1) (A) When the organized fire department of a city or town combats a fire beyond the corporate limits of the city or town, a reasonable effort shall be made for ninety (90) days to obtain compensation or reimbursement for the services from the property owner involved. (B) If the city or town is unable to obtain payment or reimbursement from the property owner for the services within the ninety-day period, the county wherein the property is located may reimburse the municipality for the service in an amount not to exceed two hundred dollars ($200). (C) (i) A claim under this subsection shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form. (ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement. (iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013.

(A) When the organized fire department of a city or town combats a fire beyond the corporate limits of the city or town, a reasonable effort shall be made for ninety (90) days to obtain compensation or reimbursement for the services from the property owner involved.

(B) If the city or town is unable to obtain payment or reimbursement from the property owner for the services within the ninety-day period, the county wherein the property is located may reimburse the municipality for the service in an amount not to exceed two hundred dollars ($200).

(C) (i) A claim under this subsection shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form. (ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement. (iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013.

(i) A claim under this subsection shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form.

(ii) The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement.

(iii) The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013.

(2) The city or town may seek payment or reimbursement from the property owner involved or the county after the ninety-day period for one hundred percent (100%) of the expendable resources the city or town used to respond to an accident if the accident involved personal property only.

(c) (1) Neither the municipality nor any municipal official or fire department official or employee involved in combatting the fire shall be liable for any damages or loss that occurs while the department is combatting the fire outside the corporate limits of the city or town. (2) The firefighters shall have the same coverage as they now have if they are injured while outside the city limits.

(1) Neither the municipality nor any municipal official or fire department official or employee involved in combatting the fire shall be liable for any damages or loss that occurs while the department is combatting the fire outside the corporate limits of the city or town.

(2) The firefighters shall have the same coverage as they now have if they are injured while outside the city limits.

(d) All members of the fire department of any city or town when engaged in fighting fire beyond the corporate limits of the city or town under the terms of any ordinance as authorized in this section shall be considered to be acting within their line of duty and in discharge thereof. No member of the department shall lose or forfeit any right or benefit in rank, pay, disability, or retirement payments and benefits on account of out-of-city or out-of-town activities.

Amended by Act 2013, No. 1345,§ 1, eff. 8/16/2013.

Acts 1951, No. 270, §§ 1, 2; 1957, No. 348, § 1; 1973, No. 114, §§ 1, 2; A.S.A. 1947, §§ 19-2106 -- 19-2107; Acts 2001, No. 1464, § 1.
Ark. Code Ann. § 14-14-905 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-905
Adoption and amendment of ordinances generally
Status: in_force

(a) Introduction of Ordinances and Amendments to Existing Ordinances. A county ordinance or amendment to an ordinance may be introduced only by a justice of the peace of the county or through the provisions of initiative and referendum pursuant to Arkansas Constitution, Amendment 7. (b) Style Requirements. (1) Generally. (A) No ordinance or amendment to an existing ordinance passed by a county quorum court shall contain more than one (1) comprehensive topic and shall be styled "Be It Enacted by the Quorum Court of the County of ..............., State of Arkansas; an Ordinance to be Entitled:". (B) Each ordinance shall contain this comprehensive title, and the body of the ordinance shall be divided into articles, sequentially numbered, each expressing a single general topic related to the single comprehensive topic. (2) Amendment to Existing Ordinances. No county ordinance shall be revised or amended, or the provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revised, amended, extended, or conferred shall be reenacted and published at length. (c) Passage. (1) (A) On the passage of every ordinance or amendment to an existing ordinance, the yeas and nays shall be called and recorded. (B) A concurrence by a majority of the whole number of members elected to the quorum court shall be required to pass any ordinance or amendment. (2) (A) All ordinances or amendments to existing ordinances of a general or permanent nature shall be fully and distinctly read on three (3) different days unless two-thirds (2/3) of the members composing the court shall dispense with the rule. (B) This subdivision (c)(2) shall not serve to: (i) Require a vote after each individual reading, but a vote only after the third and final reading; (ii) Require the ordinance or amendment to be read in its entirety on the first, second, or third reading; or (iii) Restrict the passage of emergency, appropriation, initiative, or referendum measures in a single meeting as provided by law. (d) Approval and Publication. (1) (A) Upon passage, all ordinances or amendments shall be approved by the county judge within seven (7) days unless vetoed and shall become law without his or her signature if not signed within seven (7) days. (B) The ordinances or amendments shall then be published by the county clerk as prescribed by law. (2) (A) Approval by the county judge shall be demonstrated by affixing his or her signature and his or her notation of the date signed on the face of an original copy of the proposed ordinance. (B) This approval and authentication shall apply to all ordinances or amendments to existing ordinances unless the power of veto is invoked. (e) Effective Date. (1) No ordinance or amendment to an existing ordinance other than an emergency ordinance or appropriation ordinance shall be effective until thirty (30) calendar days after publication has appeared. (2) An ordinance or amendment to an existing ordinance may provide for a delayed effective date or may provide for the ordinance or amendment to an existing ordinance to become effective upon the fulfillment of an indicated contingency. (f) Reference to Electors. (1) Generally. (A) (i) At the time of or within thirty (30) days of adoption and prior to the effective date of an ordinance, a quorum court may refer the ordinance to the electors for their acceptance or rejection. (ii) The referral shall be in the form of a resolution and shall require a three-fifths affirmative vote of the whole number of justices constituting a quorum court. (B) This action by a court shall not be subject to veto and shall constitute a referendum measure. (2) Manner and Procedure. (A) Any ordinance enacted by the governing body of any county in the state may be referred to a vote of the electors of the county for approval or rejection in the manner and procedure prescribed in Arkansas Constitution, Amendment 7, and laws enacted pursuant thereto, for exercising the local initiative and referendum. (B) The manner and procedure prescribed therein shall be the exclusive method of exercising the initiative and referendum regarding these local measures. Acts 1977, No. 742, § 86; 1981, No. 220, § 1; A.S.A. 1947, §§ 17-4003, 17-4003.1; Acts 2005, No. 543, § 1.

(a) Introduction of Ordinances and Amendments to Existing Ordinances. A county ordinance or amendment to an ordinance may be introduced only by a justice of the peace of the county or through the provisions of initiative and referendum pursuant to Arkansas Constitution, Amendment 7.

(b) Style Requirements. (1) Generally. (A) No ordinance or amendment to an existing ordinance passed by a county quorum court shall contain more than one (1) comprehensive topic and shall be styled "Be It Enacted by the Quorum Court of the County of ..............., State of Arkansas; an Ordinance to be Entitled:". (B) Each ordinance shall contain this comprehensive title, and the body of the ordinance shall be divided into articles, sequentially numbered, each expressing a single general topic related to the single comprehensive topic. (2) Amendment to Existing Ordinances. No county ordinance shall be revised or amended, or the provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revised, amended, extended, or conferred shall be reenacted and published at length.

(1) Generally. (A) No ordinance or amendment to an existing ordinance passed by a county quorum court shall contain more than one (1) comprehensive topic and shall be styled "Be It Enacted by the Quorum Court of the County of ..............., State of Arkansas; an Ordinance to be Entitled:". (B) Each ordinance shall contain this comprehensive title, and the body of the ordinance shall be divided into articles, sequentially numbered, each expressing a single general topic related to the single comprehensive topic.

(A) No ordinance or amendment to an existing ordinance passed by a county quorum court shall contain more than one (1) comprehensive topic and shall be styled "Be It Enacted by the Quorum Court of the County of ..............., State of Arkansas; an Ordinance to be Entitled:".

(B) Each ordinance shall contain this comprehensive title, and the body of the ordinance shall be divided into articles, sequentially numbered, each expressing a single general topic related to the single comprehensive topic.

(2) Amendment to Existing Ordinances. No county ordinance shall be revised or amended, or the provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revised, amended, extended, or conferred shall be reenacted and published at length.

(c) Passage. (1) (A) On the passage of every ordinance or amendment to an existing ordinance, the yeas and nays shall be called and recorded. (B) A concurrence by a majority of the whole number of members elected to the quorum court shall be required to pass any ordinance or amendment. (2) (A) All ordinances or amendments to existing ordinances of a general or permanent nature shall be fully and distinctly read on three (3) different days unless two-thirds (2/3) of the members composing the court shall dispense with the rule. (B) This subdivision (c)(2) shall not serve to: (i) Require a vote after each individual reading, but a vote only after the third and final reading; (ii) Require the ordinance or amendment to be read in its entirety on the first, second, or third reading; or (iii) Restrict the passage of emergency, appropriation, initiative, or referendum measures in a single meeting as provided by law.

(1) (A) On the passage of every ordinance or amendment to an existing ordinance, the yeas and nays shall be called and recorded. (B) A concurrence by a majority of the whole number of members elected to the quorum court shall be required to pass any ordinance or amendment.

(A) On the passage of every ordinance or amendment to an existing ordinance, the yeas and nays shall be called and recorded.

(B) A concurrence by a majority of the whole number of members elected to the quorum court shall be required to pass any ordinance or amendment.

(2) (A) All ordinances or amendments to existing ordinances of a general or permanent nature shall be fully and distinctly read on three (3) different days unless two-thirds (2/3) of the members composing the court shall dispense with the rule. (B) This subdivision (c)(2) shall not serve to: (i) Require a vote after each individual reading, but a vote only after the third and final reading; (ii) Require the ordinance or amendment to be read in its entirety on the first, second, or third reading; or (iii) Restrict the passage of emergency, appropriation, initiative, or referendum measures in a single meeting as provided by law.

(A) All ordinances or amendments to existing ordinances of a general or permanent nature shall be fully and distinctly read on three (3) different days unless two-thirds (2/3) of the members composing the court shall dispense with the rule.

(B) This subdivision (c)(2) shall not serve to: (i) Require a vote after each individual reading, but a vote only after the third and final reading; (ii) Require the ordinance or amendment to be read in its entirety on the first, second, or third reading; or (iii) Restrict the passage of emergency, appropriation, initiative, or referendum measures in a single meeting as provided by law.

(i) Require a vote after each individual reading, but a vote only after the third and final reading;

(ii) Require the ordinance or amendment to be read in its entirety on the first, second, or third reading; or

(iii) Restrict the passage of emergency, appropriation, initiative, or referendum measures in a single meeting as provided by law.

(d) Approval and Publication. (1) (A) Upon passage, all ordinances or amendments shall be approved by the county judge within seven (7) days unless vetoed and shall become law without his or her signature if not signed within seven (7) days. (B) The ordinances or amendments shall then be published by the county clerk as prescribed by law. (2) (A) Approval by the county judge shall be demonstrated by affixing his or her signature and his or her notation of the date signed on the face of an original copy of the proposed ordinance. (B) This approval and authentication shall apply to all ordinances or amendments to existing ordinances unless the power of veto is invoked.

(1) (A) Upon passage, all ordinances or amendments shall be approved by the county judge within seven (7) days unless vetoed and shall become law without his or her signature if not signed within seven (7) days. (B) The ordinances or amendments shall then be published by the county clerk as prescribed by law.

(A) Upon passage, all ordinances or amendments shall be approved by the county judge within seven (7) days unless vetoed and shall become law without his or her signature if not signed within seven (7) days.

(B) The ordinances or amendments shall then be published by the county clerk as prescribed by law.

(2) (A) Approval by the county judge shall be demonstrated by affixing his or her signature and his or her notation of the date signed on the face of an original copy of the proposed ordinance. (B) This approval and authentication shall apply to all ordinances or amendments to existing ordinances unless the power of veto is invoked.

(A) Approval by the county judge shall be demonstrated by affixing his or her signature and his or her notation of the date signed on the face of an original copy of the proposed ordinance.

(B) This approval and authentication shall apply to all ordinances or amendments to existing ordinances unless the power of veto is invoked.

(e) Effective Date. (1) No ordinance or amendment to an existing ordinance other than an emergency ordinance or appropriation ordinance shall be effective until thirty (30) calendar days after publication has appeared. (2) An ordinance or amendment to an existing ordinance may provide for a delayed effective date or may provide for the ordinance or amendment to an existing ordinance to become effective upon the fulfillment of an indicated contingency.

(1) No ordinance or amendment to an existing ordinance other than an emergency ordinance or appropriation ordinance shall be effective until thirty (30) calendar days after publication has appeared.

(2) An ordinance or amendment to an existing ordinance may provide for a delayed effective date or may provide for the ordinance or amendment to an existing ordinance to become effective upon the fulfillment of an indicated contingency.

(f) Reference to Electors. (1) Generally. (A) (i) At the time of or within thirty (30) days of adoption and prior to the effective date of an ordinance, a quorum court may refer the ordinance to the electors for their acceptance or rejection. (ii) The referral shall be in the form of a resolution and shall require a three-fifths affirmative vote of the whole number of justices constituting a quorum court. (B) This action by a court shall not be subject to veto and shall constitute a referendum measure. (2) Manner and Procedure. (A) Any ordinance enacted by the governing body of any county in the state may be referred to a vote of the electors of the county for approval or rejection in the manner and procedure prescribed in Arkansas Constitution, Amendment 7, and laws enacted pursuant thereto, for exercising the local initiative and referendum. (B) The manner and procedure prescribed therein shall be the exclusive method of exercising the initiative and referendum regarding these local measures.

(1) Generally. (A) (i) At the time of or within thirty (30) days of adoption and prior to the effective date of an ordinance, a quorum court may refer the ordinance to the electors for their acceptance or rejection. (ii) The referral shall be in the form of a resolution and shall require a three-fifths affirmative vote of the whole number of justices constituting a quorum court. (B) This action by a court shall not be subject to veto and shall constitute a referendum measure.

(A) (i) At the time of or within thirty (30) days of adoption and prior to the effective date of an ordinance, a quorum court may refer the ordinance to the electors for their acceptance or rejection. (ii) The referral shall be in the form of a resolution and shall require a three-fifths affirmative vote of the whole number of justices constituting a quorum court.

(i) At the time of or within thirty (30) days of adoption and prior to the effective date of an ordinance, a quorum court may refer the ordinance to the electors for their acceptance or rejection.

(ii) The referral shall be in the form of a resolution and shall require a three-fifths affirmative vote of the whole number of justices constituting a quorum court.

(B) This action by a court shall not be subject to veto and shall constitute a referendum measure.

(2) Manner and Procedure. (A) Any ordinance enacted by the governing body of any county in the state may be referred to a vote of the electors of the county for approval or rejection in the manner and procedure prescribed in Arkansas Constitution, Amendment 7, and laws enacted pursuant thereto, for exercising the local initiative and referendum. (B) The manner and procedure prescribed therein shall be the exclusive method of exercising the initiative and referendum regarding these local measures.

(A) Any ordinance enacted by the governing body of any county in the state may be referred to a vote of the electors of the county for approval or rejection in the manner and procedure prescribed in Arkansas Constitution, Amendment 7, and laws enacted pursuant thereto, for exercising the local initiative and referendum.

(B) The manner and procedure prescribed therein shall be the exclusive method of exercising the initiative and referendum regarding these local measures.

Acts 1977, No. 742, § 86; 1981, No. 220, § 1; A.S.A. 1947, §§ 17-4003, 17-4003.1; Acts 2005, No. 543, § 1.
Ark. Code Ann. § 14-237-106 — AR Code / Title 14 / Chapter 237 / Section 14-237-106
Prenumbered checks - Electronic funds transfers
Status: repealed

(a) All disbursements of water and sewer department funds, except those described in this section and as noted in § 14-237-107 , are to be made by prenumbered checks drawn upon the bank account of that department. (b) An electronic funds transfer may be used for payment of debts provided that: (1) The person responsible for the disbursement maintains a ledger including without limitation the following information: (A) The name and address of the entity receiving payment; (B) The routing number of the bank in which the funds are held; (C) The account number and the accounts clearinghouse trace number pertaining to the transfer; and (D) The date and amount transferred; and (2) Written consent for payment by electronic funds transfer is given by the entity to whom the transfer is made. (c) The checks shall be of the form normally provided by commercial banking institutions and shall contain, as a minimum, the following information: (1) Date of issue; (2) Check number; (3) Payee; (4) Amount; and (5) Signature of two (2) authorized disbursing officers of the department. (d) Disbursements of department funds used for payment of salaries and wages of department officials and employees may be made by electronic funds transfer provided that the department employee or official responsible for disbursements maintains a ledger containing at least the: (1) Name, address, and Social Security number of the employee receiving payment of salary or wages; (2) Routing number of the bank in which the funds are held; (3) Account number and the accounts clearinghouse trace number pertaining to the transfer; and (4) Date and amount transferred and proof that the employee has been notified of direct deposit of his or her salary or wages by electronic funds transfer. (e) Disbursements of department funds, other than for payments under subsections (b) and (d) of this section, may be made by electronic funds transfer provided that: (1) The department's governing body may establish an electronic funds payment system directly into payees' accounts in financial institutions in payment of any account allowed against the department; (2) For the purposes of this subsection, departments opting for an electronic funds payment system shall establish written policies and procedures to ensure that the electronic funds payment system provides for internal accounting controls and documentation for audit and accounting purposes; (3) Each electronic funds payment system established under this subsection shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the department; and (4) A single electronic funds payment may contain payments to multiple payees, appropriations, characters, or funds. (f) A disbursement of department funds shall have adequate supporting documentation for the disbursement. Amended by Act 2019, No. 383,§ 24, eff. 7/24/2019. Amended by Act 2019, No. 138,§ 3, eff. 7/24/2019. Acts 1973, No. 148, § 5; A.S.A. 1947, § 19-5205; Acts 2009, No. 642, § 1; 2011, No. 620, § 4.

(a) All disbursements of water and sewer department funds, except those described in this section and as noted in § 14-237-107 , are to be made by prenumbered checks drawn upon the bank account of that department.

(b) An electronic funds transfer may be used for payment of debts provided that: (1) The person responsible for the disbursement maintains a ledger including without limitation the following information: (A) The name and address of the entity receiving payment; (B) The routing number of the bank in which the funds are held; (C) The account number and the accounts clearinghouse trace number pertaining to the transfer; and (D) The date and amount transferred; and (2) Written consent for payment by electronic funds transfer is given by the entity to whom the transfer is made.

(1) The person responsible for the disbursement maintains a ledger including without limitation the following information: (A) The name and address of the entity receiving payment; (B) The routing number of the bank in which the funds are held; (C) The account number and the accounts clearinghouse trace number pertaining to the transfer; and (D) The date and amount transferred; and

(A) The name and address of the entity receiving payment;

(B) The routing number of the bank in which the funds are held;

(C) The account number and the accounts clearinghouse trace number pertaining to the transfer; and

(D) The date and amount transferred; and

(2) Written consent for payment by electronic funds transfer is given by the entity to whom the transfer is made.

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

(1) Date of issue;

(2) Check number;

(3) Payee;

(4) Amount; and

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

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

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

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

(3) Account number and the accounts clearinghouse trace number pertaining to the transfer; and

(4) Date and amount transferred and proof that the employee has been notified of direct deposit of his or her salary or wages by electronic funds transfer.

(e) Disbursements of department funds, other than for payments under subsections (b) and (d) of this section, may be made by electronic funds transfer provided that: (1) The department's governing body may establish an electronic funds payment system directly into payees' accounts in financial institutions in payment of any account allowed against the department; (2) For the purposes of this subsection, departments opting for an electronic funds payment system shall establish written policies and procedures to ensure that the electronic funds payment system provides for internal accounting controls and documentation for audit and accounting purposes; (3) Each electronic funds payment system established under this subsection shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the department; and (4) A single electronic funds payment may contain payments to multiple payees, appropriations, characters, or funds.

(1) The department's governing body may establish an electronic funds payment system directly into payees' accounts in financial institutions in payment of any account allowed against the department;

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

(3) Each electronic funds payment system established under this subsection shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the department; and

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

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

Amended by Act 2019, No. 383,§ 24, eff. 7/24/2019.

Amended by Act 2019, No. 138,§ 3, eff. 7/24/2019.

Acts 1973, No. 148, § 5; A.S.A. 1947, § 19-5205; Acts 2009, No. 642, § 1; 2011, No. 620, § 4.
Ark. Code Ann. § 14-205-101 — AR Code / Title 14 / Chapter 205 / Section 14-205-101
Construction
Status: in_force

Nothing in this chapter shall be construed as applying to municipalities now served by any existing gas transmission line or for any distribution system either publicly or privately owned. Acts 1949, No. 71, § 12; A.S.A. 1947, § 19-4812.

Nothing in this chapter shall be construed as applying to municipalities now served by any existing gas transmission line or for any distribution system either publicly or privately owned.

Acts 1949, No. 71, § 12; A.S.A. 1947, § 19-4812.