Ark. Code Ann. § 14-56-201 — AR Code / Title 14 / Chapter 56 / Subchapter 2 / Section 14-56-201
Authority generally
Status: in_force

Municipal corporations shall have the power to: (1) (A) Except as provided in subdivision (1)(B) of this section, regulate the erection, construction, reconstruction, alteration, and repair of buildings. (B) A municipal corporation shall not prohibit or limit the use of a refrigerant designated as acceptable for use in accordance with 42 U.S.C. § 7671k , as it existed on January 1, 2023, if the equipment containing the refrigerant is listed and installed in accordance with the safety standards and use conditions established in accordance with 40 C.F.R. §§ 82.170 - 82.184 , as they existed on January 1, 2023; (2) Make regulations for the purpose of guarding against accidents by fire; (3) Require the use of fireproof or fire-resistant materials in the erection, construction, reconstruction, alteration, or repairs of buildings; and (4) Provide for the removal of any buildings, or additions thereto, erected contrary to this prohibition. Amended by Act 2023, No. 443,§ 1, eff. 8/1/2023. Acts 1875, No. 1, § 13, p. 1; 1887, No. 32, § 1, p. 41; C. & M. Dig., § 7544; Pope's Dig., § 9619; Acts 1939, No. 102, § 1; A.S.A. 1947, § 19-2801.

Municipal corporations shall have the power to:

(1) (A) Except as provided in subdivision (1)(B) of this section, regulate the erection, construction, reconstruction, alteration, and repair of buildings. (B) A municipal corporation shall not prohibit or limit the use of a refrigerant designated as acceptable for use in accordance with 42 U.S.C. § 7671k , as it existed on January 1, 2023, if the equipment containing the refrigerant is listed and installed in accordance with the safety standards and use conditions established in accordance with 40 C.F.R. §§ 82.170 - 82.184 , as they existed on January 1, 2023;

(A) Except as provided in subdivision (1)(B) of this section, regulate the erection, construction, reconstruction, alteration, and repair of buildings.

(B) A municipal corporation shall not prohibit or limit the use of a refrigerant designated as acceptable for use in accordance with 42 U.S.C. § 7671k , as it existed on January 1, 2023, if the equipment containing the refrigerant is listed and installed in accordance with the safety standards and use conditions established in accordance with 40 C.F.R. §§ 82.170 - 82.184 , as they existed on January 1, 2023;

(2) Make regulations for the purpose of guarding against accidents by fire;

(3) Require the use of fireproof or fire-resistant materials in the erection, construction, reconstruction, alteration, or repairs of buildings; and

(4) Provide for the removal of any buildings, or additions thereto, erected contrary to this prohibition.

Amended by Act 2023, No. 443,§ 1, eff. 8/1/2023.

Acts 1875, No. 1, § 13, p. 1; 1887, No. 32, § 1, p. 41; C. & M. Dig., § 7544; Pope's Dig., § 9619; Acts 1939, No. 102, § 1; A.S.A. 1947, § 19-2801.
Ark. Code Ann. § 14-174-104 — AR Code / Title 14 / Chapter 174 / Section 14-174-104
Levy of sales and use taxes currently authorized
Status: in_force

(a) The local government may levy a sales or use tax pursuant to any other currently existing statutory authority to levy the tax and provide that the proceeds generated by the tax are to be used for any purpose authorized by this subchapter. (b) The Department of Finance and Administration will administer and collect any sales or use tax levied under this section if the Department of Finance and Administration would have administered and collected the tax had the tax been levied solely pursuant to the primary statutory authority to levy the tax. The primary statutory authority to levy the tax is the statute upon which the local government relied for levying the tax, not this subchapter. Acts 1993, No. 1012, § 4; 1993, No. 1069, § 4.

(a) The local government may levy a sales or use tax pursuant to any other currently existing statutory authority to levy the tax and provide that the proceeds generated by the tax are to be used for any purpose authorized by this subchapter.

(b) The Department of Finance and Administration will administer and collect any sales or use tax levied under this section if the Department of Finance and Administration would have administered and collected the tax had the tax been levied solely pursuant to the primary statutory authority to levy the tax. The primary statutory authority to levy the tax is the statute upon which the local government relied for levying the tax, not this subchapter.

Acts 1993, No. 1012, § 4; 1993, No. 1069, § 4.
Ark. Code Ann. § 14-121-811 — AR Code / Title 14 / Chapter 121 / Subchapter 8 / Section 14-121-811
Authority to obtain and dispose of maintenance equipment - Personnel - Tax
Status: in_force

(a) (1) Boards of commissioners of drainage districts organized under the laws of Arkansas are authorized upon petition of the majority of the property owners in their districts, or upon petition of the owners of the majority of the property in their district, to purchase, lease, or rent, separately as individual districts or jointly with other districts, machinery, equipment, and material to be used in repairing, deepening, widening, and clearing the ditches of their districts. (2) The commissioners are further authorized to employ and fix the compensation to be paid such personnel as may be necessary and incidental for the use of the machinery, equipment, and material obtained. (3) (A) For the purpose of carrying out the provisions of this section, the drainage districts are authorized to levy a maintenance tax and obtain funds as now provided by law. (B) The tax may be levied as a flat tax per acre. (4) Commissioners are further authorized to sell or lease machinery, equipment, or material purchased under the provisions of this section, the proceeds of the sale or lease to be deposited to the credit of the district's maintenance fund in the established depository of the district. (b) As used in this section, unless the context otherwise requires, "compensation" means all salaries, hourly wages, retirement allowances, group insurance, medical benefits, and anything else of value that the district provides in return for work done by the personnel. (c) This section is supplemental and does not repeal any existing drainage law. Acts 1947, No. 95, §§ 1, 2; 1967, No. 206, §§ 1, 2; A.S.A. 1947, §§ 21-575, 21-576; Acts 1995, No. 343, § 4.

(a) (1) Boards of commissioners of drainage districts organized under the laws of Arkansas are authorized upon petition of the majority of the property owners in their districts, or upon petition of the owners of the majority of the property in their district, to purchase, lease, or rent, separately as individual districts or jointly with other districts, machinery, equipment, and material to be used in repairing, deepening, widening, and clearing the ditches of their districts. (2) The commissioners are further authorized to employ and fix the compensation to be paid such personnel as may be necessary and incidental for the use of the machinery, equipment, and material obtained. (3) (A) For the purpose of carrying out the provisions of this section, the drainage districts are authorized to levy a maintenance tax and obtain funds as now provided by law. (B) The tax may be levied as a flat tax per acre. (4) Commissioners are further authorized to sell or lease machinery, equipment, or material purchased under the provisions of this section, the proceeds of the sale or lease to be deposited to the credit of the district's maintenance fund in the established depository of the district.

(1) Boards of commissioners of drainage districts organized under the laws of Arkansas are authorized upon petition of the majority of the property owners in their districts, or upon petition of the owners of the majority of the property in their district, to purchase, lease, or rent, separately as individual districts or jointly with other districts, machinery, equipment, and material to be used in repairing, deepening, widening, and clearing the ditches of their districts.

(2) The commissioners are further authorized to employ and fix the compensation to be paid such personnel as may be necessary and incidental for the use of the machinery, equipment, and material obtained.

(3) (A) For the purpose of carrying out the provisions of this section, the drainage districts are authorized to levy a maintenance tax and obtain funds as now provided by law. (B) The tax may be levied as a flat tax per acre.

(A) For the purpose of carrying out the provisions of this section, the drainage districts are authorized to levy a maintenance tax and obtain funds as now provided by law.

(B) The tax may be levied as a flat tax per acre.

(4) Commissioners are further authorized to sell or lease machinery, equipment, or material purchased under the provisions of this section, the proceeds of the sale or lease to be deposited to the credit of the district's maintenance fund in the established depository of the district.

(b) As used in this section, unless the context otherwise requires, "compensation" means all salaries, hourly wages, retirement allowances, group insurance, medical benefits, and anything else of value that the district provides in return for work done by the personnel.

(c) This section is supplemental and does not repeal any existing drainage law.

Acts 1947, No. 95, §§ 1, 2; 1967, No. 206, §§ 1, 2; A.S.A. 1947, §§ 21-575, 21-576; Acts 1995, No. 343, § 4.
Ark. Code Ann. § 14-298-106 — AR Code / Title 14 / Chapter 298 / Section 14-298-106
Surveyors
Status: in_force

(a) The viewers may call to their assistance a competent surveyor to assist them in laying out and surveying or altering any road they may be ordered by the county court to view, survey, and lay out or alter. (b) It shall be the duty of every surveyor, when called on by any viewer or reviewers, to survey any road they may be required to view or review, lay out, establish, or alter and to furnish all courses, bearings, distances, plats, and surveys of roads required by them to be laid out, established, or altered, as viewers or reviewers, when demanded by them. Acts 1871, No. 26, §§ 47, 63, p. 56; C. & M. Dig., §§ 5232, 5242; Pope's Dig., §§ 6947, 6957; A.S.A. 1947, §§ 76-906, 76-920.

(a) The viewers may call to their assistance a competent surveyor to assist them in laying out and surveying or altering any road they may be ordered by the county court to view, survey, and lay out or alter.

(b) It shall be the duty of every surveyor, when called on by any viewer or reviewers, to survey any road they may be required to view or review, lay out, establish, or alter and to furnish all courses, bearings, distances, plats, and surveys of roads required by them to be laid out, established, or altered, as viewers or reviewers, when demanded by them.

Acts 1871, No. 26, §§ 47, 63, p. 56; C. & M. Dig., §§ 5232, 5242; Pope's Dig., §§ 6947, 6957; A.S.A. 1947, §§ 76-906, 76-920.
Ark. Code Ann. § 14-125-403 — AR Code / Title 14 / Chapter 125 / Subchapter 4 / Section 14-125-403
Conduct of referendum
Status: in_force

(a) Within sixty (60) days after a petition has been filed with the Arkansas Natural Resources Commission pursuant to § 14-125-402 , the commission shall give due notice of the holding of a referendum, shall supervise and conduct the referendum, and shall issue appropriate rules governing the conduct thereof. (b) Each owner of land lying within the district or districts to be affected shall be entitled to vote, and only such landowners shall be entitled to vote. (c) The commission shall make provisions on the referendum for each landowner to vote: (1) On whether or not he or she approves of the proposed division, if any, of the district in which his or her land is located; and (2) On whether or not he or she approves of the proposed new district in which his or her land will be located under the proposed combination, if any. (d) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice shall have been given substantially as provided in this section and the referendum shall have been fairly conducted. Amended by Act 2019, No. 315,§ 1007, eff. 7/24/2019. Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.

(a) Within sixty (60) days after a petition has been filed with the Arkansas Natural Resources Commission pursuant to § 14-125-402 , the commission shall give due notice of the holding of a referendum, shall supervise and conduct the referendum, and shall issue appropriate rules governing the conduct thereof.

(b) Each owner of land lying within the district or districts to be affected shall be entitled to vote, and only such landowners shall be entitled to vote.

(c) The commission shall make provisions on the referendum for each landowner to vote: (1) On whether or not he or she approves of the proposed division, if any, of the district in which his or her land is located; and (2) On whether or not he or she approves of the proposed new district in which his or her land will be located under the proposed combination, if any.

(1) On whether or not he or she approves of the proposed division, if any, of the district in which his or her land is located; and

(2) On whether or not he or she approves of the proposed new district in which his or her land will be located under the proposed combination, if any.

(d) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice shall have been given substantially as provided in this section and the referendum shall have been fairly conducted.

Amended by Act 2019, No. 315,§ 1007, eff. 7/24/2019.

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Ark. Code Ann. § 14-48-111 — AR Code / Title 14 / Chapter 48 / Section 14-48-111
Mayor
Status: in_force

(a) (1) The mayor of a city having the city administrator form of government shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for the purposes of military law. (2) He or she shall sign on behalf of the city all written agreements, contracts, bonds, mortgages, pledges, indentures, conveyances, and other written instruments, the execution of which have been approved by the board of directors. (3) He or she shall serve as chair of the board and shall preside at regular and special meetings of the board, but he or she shall not have a vote on any matter coming before the board. (b) (1) The mayor shall have the power of veto over all decisions made by the board except matters relative to city personnel. (2) A veto by the mayor may be overridden by the affirmative vote of five (5) or more members of the board. (c) (1) The mayor shall not be required to devote his or her full time to the office and shall receive a compensation or salary not to exceed the salary permitted municipal officers by the Constitution of this state, to be fixed by the board. (2) When once fixed, the salary shall not be increased or diminished during the term for which he or she may have been elected. (d) The mayor, before entering upon the discharge of his or her duties, shall take the oath of office required by Arkansas Constitution, Article 19, § 20. Acts 1967, No. 36, § 8; A.S.A. 1947, § 19-808.

(a) (1) The mayor of a city having the city administrator form of government shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for the purposes of military law. (2) He or she shall sign on behalf of the city all written agreements, contracts, bonds, mortgages, pledges, indentures, conveyances, and other written instruments, the execution of which have been approved by the board of directors. (3) He or she shall serve as chair of the board and shall preside at regular and special meetings of the board, but he or she shall not have a vote on any matter coming before the board.

(1) The mayor of a city having the city administrator form of government shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for the purposes of military law.

(2) He or she shall sign on behalf of the city all written agreements, contracts, bonds, mortgages, pledges, indentures, conveyances, and other written instruments, the execution of which have been approved by the board of directors.

(3) He or she shall serve as chair of the board and shall preside at regular and special meetings of the board, but he or she shall not have a vote on any matter coming before the board.

(b) (1) The mayor shall have the power of veto over all decisions made by the board except matters relative to city personnel. (2) A veto by the mayor may be overridden by the affirmative vote of five (5) or more members of the board.

(1) The mayor shall have the power of veto over all decisions made by the board except matters relative to city personnel.

(2) A veto by the mayor may be overridden by the affirmative vote of five (5) or more members of the board.

(c) (1) The mayor shall not be required to devote his or her full time to the office and shall receive a compensation or salary not to exceed the salary permitted municipal officers by the Constitution of this state, to be fixed by the board. (2) When once fixed, the salary shall not be increased or diminished during the term for which he or she may have been elected.

(1) The mayor shall not be required to devote his or her full time to the office and shall receive a compensation or salary not to exceed the salary permitted municipal officers by the Constitution of this state, to be fixed by the board.

(2) When once fixed, the salary shall not be increased or diminished during the term for which he or she may have been elected.

(d) The mayor, before entering upon the discharge of his or her duties, shall take the oath of office required by Arkansas Constitution, Article 19, § 20.

Acts 1967, No. 36, § 8; A.S.A. 1947, § 19-808.
Ark. Code Ann. § 14-58-104 — AR Code / Title 14 / Chapter 58 / Subchapter 1 / Section 14-58-104
Specific purchases and contracts - Commodities
Status: in_force

The governing body of a city of the first class, city of the second class, or an incorporated town may purchase the following commodities without soliciting bids: (1) Perishable foodstuffs for immediate use; (2) Unprocessed feed for livestock and poultry; (3) Advanced emergency medical services provided by a nonprofit corporation and proprietary medicines if specifically requested by a professional employee; (4) Books, manuals, periodicals, films, and copyrighted educational aids for use in libraries and other informational material for institutional purposes; (5) Scientific equipment and parts; (6) Replacement parts and labor for repairs of machinery and equipment; (7) Commodities available only from the United States Government; (8) (A) Any commodities needed in instances in which an unforeseen and unavoidable emergency has arisen in which human life, health, or public property is in jeopardy. (B) An emergency purchase under subdivision (8)(A) of this section shall not be approved unless a statement in writing is attached to the purchase order describing the emergency necessitating the purchase of the commodity without competitive bidding; (9) Utility services, purchased at wholesale or the rates for which are subject to regulation by a state agency or a federal regulatory agency; (10) Sand, gravel, soil, lumber, used pipe, or used steel; (11) (A) Used or secondhand motor vehicles, machinery, or equipment. (B) A used or secondhand motor vehicle that has been under lease to a municipality and has fewer than five thousand (5,000) miles of use shall not be purchased except upon competitive bids as provided in this chapter; (12) Machinery, equipment, facilities, or other personal property purchased or acquired for or in connection with the securing and developing of industry under the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., or any other provision of law pertaining to the securing and developing of industry; (13) Registered livestock to be used for breeding purposes; (14) Motor fuels, oil, asphalt, asphalt oil, and natural gas; (15) Motor vehicles, equipment, machinery, material, or supplies offered for sale at public auction or through a process requiring sealed bids; (16) All goods and services that are regularly provided to state agencies and municipal government by the Division of Correction's various penal industries; (17) (A) New motor vehicles purchased from a licensed automobile dealership located in Arkansas for an amount not to exceed the fleet price awarded by the Office of State Procurement and in effect at the time the municipality submits the purchase order for the same make and model motor vehicle. (B) The purchase amount for a new motor vehicle may include additional options up to six hundred dollars ($600) over the fleet price awarded; (18) Renewal or extension of the term of an existing contract; (19) Purchase of insurance for municipal employees, including without limitation health insurance, workers' compensation insurance, life insurance, risk management services, or dental insurance; (20) Goods or services if the governing body has approved by resolution the purchase of goods or services through competitive bidding or procurement procedures used by: (A) The United States Government or one (1) of its agencies; (B) Another state; or (C) An association of governments or governmental agencies, including associations of governments or governmental agencies below the state level; and (21) (A) Goods or services available only from a single source. (B) A purchase under this subdivision (21) shall be supported with: (i) Documentation concerning the exclusivity of the single source; and (ii) A written proclamation from the chief executive filed with the clerk or recorder that sets forth the basis for the single source procurement. Amended by Act 2021, No. 435,§ 4, eff. 7/28/2021. Acts 2009, No. 756, § 23.

The governing body of a city of the first class, city of the second class, or an incorporated town may purchase the following commodities without soliciting bids:

(1) Perishable foodstuffs for immediate use;

(2) Unprocessed feed for livestock and poultry;

(3) Advanced emergency medical services provided by a nonprofit corporation and proprietary medicines if specifically requested by a professional employee;

(4) Books, manuals, periodicals, films, and copyrighted educational aids for use in libraries and other informational material for institutional purposes;

(5) Scientific equipment and parts;

(6) Replacement parts and labor for repairs of machinery and equipment;

(7) Commodities available only from the United States Government;

(8) (A) Any commodities needed in instances in which an unforeseen and unavoidable emergency has arisen in which human life, health, or public property is in jeopardy. (B) An emergency purchase under subdivision (8)(A) of this section shall not be approved unless a statement in writing is attached to the purchase order describing the emergency necessitating the purchase of the commodity without competitive bidding;

(A) Any commodities needed in instances in which an unforeseen and unavoidable emergency has arisen in which human life, health, or public property is in jeopardy.

(B) An emergency purchase under subdivision (8)(A) of this section shall not be approved unless a statement in writing is attached to the purchase order describing the emergency necessitating the purchase of the commodity without competitive bidding;

(9) Utility services, purchased at wholesale or the rates for which are subject to regulation by a state agency or a federal regulatory agency;

(10) Sand, gravel, soil, lumber, used pipe, or used steel;

(11) (A) Used or secondhand motor vehicles, machinery, or equipment. (B) A used or secondhand motor vehicle that has been under lease to a municipality and has fewer than five thousand (5,000) miles of use shall not be purchased except upon competitive bids as provided in this chapter;

(A) Used or secondhand motor vehicles, machinery, or equipment.

(B) A used or secondhand motor vehicle that has been under lease to a municipality and has fewer than five thousand (5,000) miles of use shall not be purchased except upon competitive bids as provided in this chapter;

(12) Machinery, equipment, facilities, or other personal property purchased or acquired for or in connection with the securing and developing of industry under the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., or any other provision of law pertaining to the securing and developing of industry;

(13) Registered livestock to be used for breeding purposes;

(14) Motor fuels, oil, asphalt, asphalt oil, and natural gas;

(15) Motor vehicles, equipment, machinery, material, or supplies offered for sale at public auction or through a process requiring sealed bids;

(16) All goods and services that are regularly provided to state agencies and municipal government by the Division of Correction's various penal industries;

(17) (A) New motor vehicles purchased from a licensed automobile dealership located in Arkansas for an amount not to exceed the fleet price awarded by the Office of State Procurement and in effect at the time the municipality submits the purchase order for the same make and model motor vehicle. (B) The purchase amount for a new motor vehicle may include additional options up to six hundred dollars ($600) over the fleet price awarded;

(A) New motor vehicles purchased from a licensed automobile dealership located in Arkansas for an amount not to exceed the fleet price awarded by the Office of State Procurement and in effect at the time the municipality submits the purchase order for the same make and model motor vehicle.

(B) The purchase amount for a new motor vehicle may include additional options up to six hundred dollars ($600) over the fleet price awarded;

(18) Renewal or extension of the term of an existing contract;

(19) Purchase of insurance for municipal employees, including without limitation health insurance, workers' compensation insurance, life insurance, risk management services, or dental insurance;

(20) Goods or services if the governing body has approved by resolution the purchase of goods or services through competitive bidding or procurement procedures used by: (A) The United States Government or one (1) of its agencies; (B) Another state; or (C) An association of governments or governmental agencies, including associations of governments or governmental agencies below the state level; and

(A) The United States Government or one (1) of its agencies;

(B) Another state; or

(C) An association of governments or governmental agencies, including associations of governments or governmental agencies below the state level; and

(21) (A) Goods or services available only from a single source. (B) A purchase under this subdivision (21) shall be supported with: (i) Documentation concerning the exclusivity of the single source; and (ii) A written proclamation from the chief executive filed with the clerk or recorder that sets forth the basis for the single source procurement.

(A) Goods or services available only from a single source.

(B) A purchase under this subdivision (21) shall be supported with: (i) Documentation concerning the exclusivity of the single source; and (ii) A written proclamation from the chief executive filed with the clerk or recorder that sets forth the basis for the single source procurement.

(i) Documentation concerning the exclusivity of the single source; and

(ii) A written proclamation from the chief executive filed with the clerk or recorder that sets forth the basis for the single source procurement.

Amended by Act 2021, No. 435,§ 4, eff. 7/28/2021.

Acts 2009, No. 756, § 23.
Ark. Code Ann. § 14-94-109 — AR Code / Title 14 / Chapter 94 / Section 14-94-109
Planning by board
Status: in_force

(a) The board shall form plans relative to the acceptance, purchase, or construction of the improvement. (b) To that end, the board may employ such engineers, attorneys, and other assistants as it may find necessary and shall file copies of all pertinent reports and actions of the board with the clerk. Acts 1987, No. 113, § 7.

(a) The board shall form plans relative to the acceptance, purchase, or construction of the improvement.

(b) To that end, the board may employ such engineers, attorneys, and other assistants as it may find necessary and shall file copies of all pertinent reports and actions of the board with the clerk.

Acts 1987, No. 113, § 7.
Ark. Code Ann. § 14-123-417 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-417
Parties defendant
Status: in_force

All persons having any interest in the lands or recorded liens thereon, known to the directors, shall be made parties defendant to the suit and shall be bound thereby and by the judgment and decree rendered therein. Acts 1879, No. 78, § 15, p. 117; 1887, No. 86, § 7, p. 132; 1897, No. 8, § 3, p. 8; C. & M. Dig., § 6837; Pope's Dig., § 4563; A.S.A. 1947, § 21-633.

All persons having any interest in the lands or recorded liens thereon, known to the directors, shall be made parties defendant to the suit and shall be bound thereby and by the judgment and decree rendered therein.

Acts 1879, No. 78, § 15, p. 117; 1887, No. 86, § 7, p. 132; 1897, No. 8, § 3, p. 8; C. & M. Dig., § 6837; Pope's Dig., § 4563; A.S.A. 1947, § 21-633.
Ark. Code Ann. § 14-94-118 — AR Code / Title 14 / Chapter 94 / Section 14-94-118
Levy of tax
Status: in_force

(a) (1) At the same time that the assessment of benefits is equalized or at any time thereafter, the board shall enter upon its records an order, which shall have all the force of a judgment, providing that there is levied upon the real property of the district a tax sufficient to pay the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies. (2) The tax is to be paid by the real property owners in the district in the proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, as provided in the order. (b) The tax so levied shall be a lien upon all the real property in the district from the time it is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whenever created, and shall continue until the assessment, with any penalty costs that may accrue thereon, shall have been paid. Provided, however, with the prior written approval of the board, the county clerk shall release from the lien for the assessment and tax any lot, block, or tract with respect to which the assessment and tax shall have been paid or prepaid. (c) (1) Promptly after entry of an order levying the tax, the board shall publish at least one (1) time in some newspaper having general circulation in the municipality a notice setting forth the order of levy and warning all persons affected by it that the order shall become final unless suit is brought to contest the order within thirty (30) days of the date of first publication of the notice; and (2) No property owner shall be barred from contest of the levy within the thirty-days' publication period. (d) (1) The remedy against such levy of taxes shall be by suit in chancery. (2) The suit must be brought within thirty (30) days from the time of notice that the levy was made, and, on the appeal, the presumption shall be in favor of the legality of the tax. Acts 1987, No. 113, § 10; 1991, No. 504, § 3.

(a) (1) At the same time that the assessment of benefits is equalized or at any time thereafter, the board shall enter upon its records an order, which shall have all the force of a judgment, providing that there is levied upon the real property of the district a tax sufficient to pay the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies. (2) The tax is to be paid by the real property owners in the district in the proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, as provided in the order.

(1) At the same time that the assessment of benefits is equalized or at any time thereafter, the board shall enter upon its records an order, which shall have all the force of a judgment, providing that there is levied upon the real property of the district a tax sufficient to pay the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies.

(2) The tax is to be paid by the real property owners in the district in the proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, as provided in the order.

(b) The tax so levied shall be a lien upon all the real property in the district from the time it is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whenever created, and shall continue until the assessment, with any penalty costs that may accrue thereon, shall have been paid. Provided, however, with the prior written approval of the board, the county clerk shall release from the lien for the assessment and tax any lot, block, or tract with respect to which the assessment and tax shall have been paid or prepaid.

(c) (1) Promptly after entry of an order levying the tax, the board shall publish at least one (1) time in some newspaper having general circulation in the municipality a notice setting forth the order of levy and warning all persons affected by it that the order shall become final unless suit is brought to contest the order within thirty (30) days of the date of first publication of the notice; and (2) No property owner shall be barred from contest of the levy within the thirty-days' publication period.

(1) Promptly after entry of an order levying the tax, the board shall publish at least one (1) time in some newspaper having general circulation in the municipality a notice setting forth the order of levy and warning all persons affected by it that the order shall become final unless suit is brought to contest the order within thirty (30) days of the date of first publication of the notice; and

(2) No property owner shall be barred from contest of the levy within the thirty-days' publication period.

(d) (1) The remedy against such levy of taxes shall be by suit in chancery. (2) The suit must be brought within thirty (30) days from the time of notice that the levy was made, and, on the appeal, the presumption shall be in favor of the legality of the tax.

(1) The remedy against such levy of taxes shall be by suit in chancery.

(2) The suit must be brought within thirty (30) days from the time of notice that the levy was made, and, on the appeal, the presumption shall be in favor of the legality of the tax.

Acts 1987, No. 113, § 10; 1991, No. 504, § 3.
Ark. Code Ann. § 14-164-208 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-208
Adoption of bond ordinance or order
Status: in_force

(a) (1) Revenue bonds authorized by this subchapter may be issued by a municipality upon the adoption of an ordinance for that purpose by the governing body of the municipality. (2) Revenue bonds authorized by this subchapter may be issued by a county upon the entry of an order of the county court of the county. (b) The ordinance or order shall state the purpose for which the revenue bonds are to be issued and the total principal amount of the issue. (c) (1) No ordinance or order shall be adopted or entered until after a public hearing is held before the governing body of the municipality or the county court of the county. However, no public hearing shall be required for the issuance of bonds for the purpose of refunding any obligations issued under this subchapter. (2) At least ten (10) days prior to the date of the hearing, notice of it shall be published one (1) time in a newspaper of general circulation in the municipality or county. (d) After the hearing, which may be adjourned from time to time, the ordinance or order as introduced or as modified or amended may be adopted or entered. (e) (1) The notice provided for in this section shall be published by the mayor, clerk, or recorder of the municipality or by the county judge or county clerk of the county. (2) It shall not be necessary that the action be taken by the governing body or county court to direct publication of the notice. (f) (1) (A) A municipal ordinance authorizing bonds shall be published one (1) time in a newspaper of general circulation in the municipality. (B) It shall not be necessary to publish a county court order authorizing bonds. (C) It shall not be necessary to comply with general provisions of other laws dealing with the publication or posting of ordinances or orders. (2) (A) Subdivision (f)(1) of this section applies to all ordinances and orders adopted or entered under this section before March 28, 2007. (B) An ordinance or order adopted or entered before March 28, 2007, shall be considered for all purposes as if adopted or entered under the authority of this subsection. (C) An ordinance adopted before March 28, 2007, shall not be held to be invalidly adopted for noncompliance with § 14-55-206 . Acts 1960 (Ex. Sess.), No. 9, § 4; 1968 (1st Ex. Sess.), No. 52, § 1; 1975 (Extended Sess., 1976), No. 1239, § 1; 1981, No. 503, § 1; A.S.A. 1947, § 13-1604; Acts 1997, No. 540, § 16; 1999, No. 307, § 2; 2007, No. 644, § 1; 2009, No. 163, § 2.

(a) (1) Revenue bonds authorized by this subchapter may be issued by a municipality upon the adoption of an ordinance for that purpose by the governing body of the municipality. (2) Revenue bonds authorized by this subchapter may be issued by a county upon the entry of an order of the county court of the county.

(1) Revenue bonds authorized by this subchapter may be issued by a municipality upon the adoption of an ordinance for that purpose by the governing body of the municipality.

(2) Revenue bonds authorized by this subchapter may be issued by a county upon the entry of an order of the county court of the county.

(b) The ordinance or order shall state the purpose for which the revenue bonds are to be issued and the total principal amount of the issue.

(c) (1) No ordinance or order shall be adopted or entered until after a public hearing is held before the governing body of the municipality or the county court of the county. However, no public hearing shall be required for the issuance of bonds for the purpose of refunding any obligations issued under this subchapter. (2) At least ten (10) days prior to the date of the hearing, notice of it shall be published one (1) time in a newspaper of general circulation in the municipality or county.

(1) No ordinance or order shall be adopted or entered until after a public hearing is held before the governing body of the municipality or the county court of the county. However, no public hearing shall be required for the issuance of bonds for the purpose of refunding any obligations issued under this subchapter.

(2) At least ten (10) days prior to the date of the hearing, notice of it shall be published one (1) time in a newspaper of general circulation in the municipality or county.

(d) After the hearing, which may be adjourned from time to time, the ordinance or order as introduced or as modified or amended may be adopted or entered.

(e) (1) The notice provided for in this section shall be published by the mayor, clerk, or recorder of the municipality or by the county judge or county clerk of the county. (2) It shall not be necessary that the action be taken by the governing body or county court to direct publication of the notice.

(1) The notice provided for in this section shall be published by the mayor, clerk, or recorder of the municipality or by the county judge or county clerk of the county.

(2) It shall not be necessary that the action be taken by the governing body or county court to direct publication of the notice.

(f) (1) (A) A municipal ordinance authorizing bonds shall be published one (1) time in a newspaper of general circulation in the municipality. (B) It shall not be necessary to publish a county court order authorizing bonds. (C) It shall not be necessary to comply with general provisions of other laws dealing with the publication or posting of ordinances or orders. (2) (A) Subdivision (f)(1) of this section applies to all ordinances and orders adopted or entered under this section before March 28, 2007. (B) An ordinance or order adopted or entered before March 28, 2007, shall be considered for all purposes as if adopted or entered under the authority of this subsection. (C) An ordinance adopted before March 28, 2007, shall not be held to be invalidly adopted for noncompliance with § 14-55-206 .

(1) (A) A municipal ordinance authorizing bonds shall be published one (1) time in a newspaper of general circulation in the municipality. (B) It shall not be necessary to publish a county court order authorizing bonds. (C) It shall not be necessary to comply with general provisions of other laws dealing with the publication or posting of ordinances or orders.

(A) A municipal ordinance authorizing bonds shall be published one (1) time in a newspaper of general circulation in the municipality.

(B) It shall not be necessary to publish a county court order authorizing bonds.

(C) It shall not be necessary to comply with general provisions of other laws dealing with the publication or posting of ordinances or orders.

(2) (A) Subdivision (f)(1) of this section applies to all ordinances and orders adopted or entered under this section before March 28, 2007. (B) An ordinance or order adopted or entered before March 28, 2007, shall be considered for all purposes as if adopted or entered under the authority of this subsection. (C) An ordinance adopted before March 28, 2007, shall not be held to be invalidly adopted for noncompliance with § 14-55-206 .

(A) Subdivision (f)(1) of this section applies to all ordinances and orders adopted or entered under this section before March 28, 2007.

(B) An ordinance or order adopted or entered before March 28, 2007, shall be considered for all purposes as if adopted or entered under the authority of this subsection.

(C) An ordinance adopted before March 28, 2007, shall not be held to be invalidly adopted for noncompliance with § 14-55-206 .

Acts 1960 (Ex. Sess.), No. 9, § 4; 1968 (1st Ex. Sess.), No. 52, § 1; 1975 (Extended Sess., 1976), No. 1239, § 1; 1981, No. 503, § 1; A.S.A. 1947, § 13-1604; Acts 1997, No. 540, § 16; 1999, No. 307, § 2; 2007, No. 644, § 1; 2009, No. 163, § 2.
Ark. Code Ann. § 14-24-202 — AR Code / Title 14 / Chapter 24 / Subchapter 2 / Section 14-24-202
Modification of warrant system permitted
Status: in_force

(a) Effective July 9, 1975, any county may modify the warrant system as a means of payment of claims properly presented and allowed against counties of this state to better comply with current business and banking practices. (b) All claims properly presented and allowed by the respective county courts and school districts of this state, as provided by law, may be ordered paid by check drawn against county funds maintained by the county treasurer in his or her official capacity as custodian of the funds. Acts 1975, No. 22, § 1; A.S.A. 1947, § 17-825.

(a) Effective July 9, 1975, any county may modify the warrant system as a means of payment of claims properly presented and allowed against counties of this state to better comply with current business and banking practices.

(b) All claims properly presented and allowed by the respective county courts and school districts of this state, as provided by law, may be ordered paid by check drawn against county funds maintained by the county treasurer in his or her official capacity as custodian of the funds.

Acts 1975, No. 22, § 1; A.S.A. 1947, § 17-825.
Ark. Code Ann. § 14-25-113 — AR Code / Title 14 / Chapter 25 / Subchapter 1 / Section 14-25-113
Collector
Status: in_force

(a) The collector, in addition to following the procedures and requirements of §§ 14-25-101 - 14-25-108 , shall establish and maintain a system of bookkeeping that meets the minimum requirements of a cash receipts journal and a cash disbursements journal for the recording and disbursing of tax collections. (b) (1) Checks written shall be recorded in a cash disbursements journal that indicates the date, payee, check number, and amount of each check written. (2) The cash disbursements journal shall also contain the classification of the disbursement. (c) (1) Receipts shall be recorded in a cash receipts journal that indicates the: (A) Date of the receipt; (B) Identification of payor; (C) Receipt number; (D) Total amount received; and (E) Classification of receipts. (2) If mechanical receipting devices such as cash registers are used, the cash receipts journal shall indicate the: (A) Date of collections; (B) Tape number, if applicable; (C) Total amount collected; and (D) Classification of collections. (d) (1) The cash disbursements journal and the cash receipts journal shall be totaled monthly and on a year-to-date basis. (2) The cash disbursements journal shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements. (3) The cash receipts journal shall be reconciled monthly to total bank deposits as shown on the monthly bank statement. (e) The collector shall be required to maintain such books and records as prescribed by this chapter and shall keep all books and records posted on a current basis, making an entry into the cash receipts journal for all items of cash receipts and an entry into the cash disbursements journal for each disbursement made. Acts 1973, No. 173, § 14; A.S.A. 1947, § 17-1814; Acts 2009, No. 287, § 7.

(a) The collector, in addition to following the procedures and requirements of §§ 14-25-101 - 14-25-108 , shall establish and maintain a system of bookkeeping that meets the minimum requirements of a cash receipts journal and a cash disbursements journal for the recording and disbursing of tax collections.

(b) (1) Checks written shall be recorded in a cash disbursements journal that indicates the date, payee, check number, and amount of each check written. (2) The cash disbursements journal shall also contain the classification of the disbursement.

(1) Checks written shall be recorded in a cash disbursements journal that indicates the date, payee, check number, and amount of each check written.

(2) The cash disbursements journal shall also contain the classification of the disbursement.

(c) (1) Receipts shall be recorded in a cash receipts journal that indicates the: (A) Date of the receipt; (B) Identification of payor; (C) Receipt number; (D) Total amount received; and (E) Classification of receipts. (2) If mechanical receipting devices such as cash registers are used, the cash receipts journal shall indicate the: (A) Date of collections; (B) Tape number, if applicable; (C) Total amount collected; and (D) Classification of collections.

(1) Receipts shall be recorded in a cash receipts journal that indicates the: (A) Date of the receipt; (B) Identification of payor; (C) Receipt number; (D) Total amount received; and (E) Classification of receipts.

(A) Date of the receipt;

(B) Identification of payor;

(C) Receipt number;

(D) Total amount received; and

(E) Classification of receipts.

(2) If mechanical receipting devices such as cash registers are used, the cash receipts journal shall indicate the: (A) Date of collections; (B) Tape number, if applicable; (C) Total amount collected; and (D) Classification of collections.

(A) Date of collections;

(B) Tape number, if applicable;

(C) Total amount collected; and

(D) Classification of collections.

(d) (1) The cash disbursements journal and the cash receipts journal shall be totaled monthly and on a year-to-date basis. (2) The cash disbursements journal shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements. (3) The cash receipts journal shall be reconciled monthly to total bank deposits as shown on the monthly bank statement.

(1) The cash disbursements journal and the cash receipts journal shall be totaled monthly and on a year-to-date basis.

(2) The cash disbursements journal shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements.

(3) The cash receipts journal shall be reconciled monthly to total bank deposits as shown on the monthly bank statement.

(e) The collector shall be required to maintain such books and records as prescribed by this chapter and shall keep all books and records posted on a current basis, making an entry into the cash receipts journal for all items of cash receipts and an entry into the cash disbursements journal for each disbursement made.

Acts 1973, No. 173, § 14; A.S.A. 1947, § 17-1814; Acts 2009, No. 287, § 7.
Ark. Code Ann. § 14-125-603 — AR Code / Title 14 / Chapter 125 / Subchapter 6 / Section 14-125-603
Court approval of plan based on preliminary survey and report prepared with agency assistance
Status: in_force

(a) If the plan adopted by the board and filed with the clerk of the court is based on, and accompanied by, a preliminary survey and report prepared with the assistance of a federal or state agency, which sets forth the purpose of the plan, delineates the area to be benefited, describes the general nature of the works of improvement, the necessity, feasibility, and estimated cost thereof, with such reasonable detail and definiteness that the court may understand therefrom the purpose, utility, feasibility, and need therefor, and if the court deems it to be in the best interests of the owners of land within the proposed project area, the court may, without the appointment of an engineer, hold a hearing in the manner provided in § 14-125-602 . If, after the hearing, the court deems it to be in the best interests of the owners of land within the proposed project area, it shall enter an order approving the plan and establishing the project area described therein, subject to the filing of a final work plan with the court. (b) When completed, the final work plan shall be filed by the board of directors, together with a map showing the location of the proposed improvements and an estimate of the costs thereof, with the court as a supplement to the preliminary survey and report, and if the court deems it to be in the best interests of the landowners of the project area, it shall enter an order approving such final plan as the improvement plan for the improvement project area delineated in such final plan. (c) If the final work plan includes in the project area lands in addition to those included in the project area in the preliminary survey and report, the court shall, before entering an order approving the plan as the improvement plan for the project area described therein, hold a hearing with respect to the additional lands in the manner provided in § 14-125-602 , and make a determination as to whether the improvement plan is in the best interests of the owners of land within the modified project area described therein. Acts 1937, No. 197, § 17, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-920.

(a) If the plan adopted by the board and filed with the clerk of the court is based on, and accompanied by, a preliminary survey and report prepared with the assistance of a federal or state agency, which sets forth the purpose of the plan, delineates the area to be benefited, describes the general nature of the works of improvement, the necessity, feasibility, and estimated cost thereof, with such reasonable detail and definiteness that the court may understand therefrom the purpose, utility, feasibility, and need therefor, and if the court deems it to be in the best interests of the owners of land within the proposed project area, the court may, without the appointment of an engineer, hold a hearing in the manner provided in § 14-125-602 . If, after the hearing, the court deems it to be in the best interests of the owners of land within the proposed project area, it shall enter an order approving the plan and establishing the project area described therein, subject to the filing of a final work plan with the court.

(b) When completed, the final work plan shall be filed by the board of directors, together with a map showing the location of the proposed improvements and an estimate of the costs thereof, with the court as a supplement to the preliminary survey and report, and if the court deems it to be in the best interests of the landowners of the project area, it shall enter an order approving such final plan as the improvement plan for the improvement project area delineated in such final plan.

(c) If the final work plan includes in the project area lands in addition to those included in the project area in the preliminary survey and report, the court shall, before entering an order approving the plan as the improvement plan for the project area described therein, hold a hearing with respect to the additional lands in the manner provided in § 14-125-602 , and make a determination as to whether the improvement plan is in the best interests of the owners of land within the modified project area described therein.

Acts 1937, No. 197, § 17, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-920.
Ark. Code Ann. § 14-185-132 — AR Code / Title 14 / Chapter 185 / Section 14-185-132
Bonds - Pledge of revenues
Status: in_force

(a) The principal of, premium, if any, or interest on, and trustee's and paying agent's fees in connection with each issue of bonds issued by the port authority under this chapter shall be secured by a pledge of, and shall be payable from, the revenues derived from the lands, buildings, or facilities acquired, constructed, reconstructed, extended, improved, or equipped, in whole or in part, with the proceeds of the bonds of the particular issue. (b) In addition, the port authority issuing the bonds is authorized to pledge to, and use for the payment of the principal of, premium, if any, or interest on, and trustee's and paying agent's fees in connection with a particular issue of bonds, revenues derived from other lands, buildings, or facilities owned or held by the port authority, and an investment contract or contracts entered into by the port authority for the purpose of paying and securing the bonds, and any revenues to be derived from the contract or contracts. Acts 1961, No. 439, § 10; 1975 (Extended Sess., 1976), No. 1232, § 2; A.S.A. 1947, § 21-1510; Acts 1987, No. 46, § 2; reen. Acts 1987, No. 1017, § 2.

(a) The principal of, premium, if any, or interest on, and trustee's and paying agent's fees in connection with each issue of bonds issued by the port authority under this chapter shall be secured by a pledge of, and shall be payable from, the revenues derived from the lands, buildings, or facilities acquired, constructed, reconstructed, extended, improved, or equipped, in whole or in part, with the proceeds of the bonds of the particular issue.

(b) In addition, the port authority issuing the bonds is authorized to pledge to, and use for the payment of the principal of, premium, if any, or interest on, and trustee's and paying agent's fees in connection with a particular issue of bonds, revenues derived from other lands, buildings, or facilities owned or held by the port authority, and an investment contract or contracts entered into by the port authority for the purpose of paying and securing the bonds, and any revenues to be derived from the contract or contracts.

Acts 1961, No. 439, § 10; 1975 (Extended Sess., 1976), No. 1232, § 2; A.S.A. 1947, § 21-1510; Acts 1987, No. 46, § 2; reen. Acts 1987, No. 1017, § 2.
Ark. Code Ann. § 14-185-109 — AR Code / Title 14 / Chapter 185 / Section 14-185-109
Powers of authority generally
Status: in_force

In order to enable authorities to carry out the purposes of this chapter, the authorities shall: (1) Have the powers of a body corporate including the power to sue and be sued, to make contracts, and to adopt and use a seal; (2) Have the power to rent, acquire, improve, develop, operate, maintain, lease, buy, own, mortgage, otherwise encumber, sell, dispose of, and otherwise deal with such real, personal, or mixed property as the authorities may deem proper, necessary, or desirable to carry out the purposes and provisions of this chapter, all or any of them; (3) Have the power to acquire, purchase, install, lease, rent, own, hold, use, control, develop, sell, improve, construct, maintain, equip and operate, and otherwise deal with and dispose of any buildings, wharves, docks, piers, quays, elevators, tipples, bulk loading and unloading facilities, water terminals, air terminals, rail terminals, roadways and approaches, compresses, refrigeration storage plants, landing places, basins, belt line roads, highways, bridges, causeways, shipyards, shipping facilities, transportation facilities, boats, barges, machinery, equipment, dredging of approaches, warehouses, and other structures, and any and all facilities and work in connection with them, of every nature whatever incidental to and useful or convenient for the accomplishment of the purposes of this chapter and needful for the convenient use of them in aid of commerce, whether by water, air, roadway, highway, or other, and industrial and commercial operations; (4) Have the power consistent with this chapter to acquire, own, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, lease with or without options to purchase, lease with or without options to extend or renew, contract concerning, or otherwise deal in, with, or dispose of any lands, buildings, improvements, machinery, equipment, or facilities of any and every nature for the securing and developing of industry and commerce and parks for industrial and commercial operations; (5) Have the power to appoint and employ and dismiss at pleasure, such agents and employees as may be selected by the authorities and to fix and pay their compensation; (6) Have the power to establish an office for the transaction of business at such place as, in the opinion of the authorities, shall be advisable or necessary in carrying out the purposes of this chapter; (7) Have the power to create and operate such agencies, departments, and instrumentalities as the authorities may deem necessary, desirable, or useful for the accomplishment and furtherance of any of the purposes of this chapter; (8) Have the power to pay and expend funds for all necessary costs and expenses involved in and incident to the formation and organization of the authorities and the carrying out of the powers and purposes of this chapter; (9) Have the power to adopt, alter, or repeal from time to time its own bylaws, rules, and regulations consistent with this chapter governing the manner in which the business of the authorities may be transacted and in which the purposes and powers may be transacted and in which the purposes and powers of the authorities may be accomplished and carried out; (10) Have the power to fix and change, from time to time, rates and charges for the use of the facilities and services of the authorities; (11) Have the power to promulgate and to alter or repeal, from time to time, rules and regulations consistent with this chapter and to enforce the same governing and pertaining to the use of the facilities and services of the authorities; (12) Have the power to sell, contract concerning, or lease any of its docks, wharves, piers, quays, elevators, compresses, refrigeration storage plants, warehouses, industrial or commercial plants and facilities, and other improvements and facilities of whatever nature and to permit the use of any such facilities by any person engaging in any industrial or commercial activity; (13) Have the power to acquire, construct, equip, and operate any and all facilities in or about the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations for the purpose of securing and developing industrial and commercial operations. (14) Have the power to do any and all other acts and things of whatever nature consistent with this chapter necessary or incidental to the carrying out of the powers specified in this section and the accomplishment of the purposes of this chapter, whether or not specifically enumerated; and (15) Be authorized to carry out the powers of the authorities and to accomplish the purposes of this chapter. Acts 1961, No. 439, § 5; 1983, No. 623, § 2; A.S.A. 1947, § 21-1505.

In order to enable authorities to carry out the purposes of this chapter, the authorities shall:

(1) Have the powers of a body corporate including the power to sue and be sued, to make contracts, and to adopt and use a seal;

(2) Have the power to rent, acquire, improve, develop, operate, maintain, lease, buy, own, mortgage, otherwise encumber, sell, dispose of, and otherwise deal with such real, personal, or mixed property as the authorities may deem proper, necessary, or desirable to carry out the purposes and provisions of this chapter, all or any of them;

(3) Have the power to acquire, purchase, install, lease, rent, own, hold, use, control, develop, sell, improve, construct, maintain, equip and operate, and otherwise deal with and dispose of any buildings, wharves, docks, piers, quays, elevators, tipples, bulk loading and unloading facilities, water terminals, air terminals, rail terminals, roadways and approaches, compresses, refrigeration storage plants, landing places, basins, belt line roads, highways, bridges, causeways, shipyards, shipping facilities, transportation facilities, boats, barges, machinery, equipment, dredging of approaches, warehouses, and other structures, and any and all facilities and work in connection with them, of every nature whatever incidental to and useful or convenient for the accomplishment of the purposes of this chapter and needful for the convenient use of them in aid of commerce, whether by water, air, roadway, highway, or other, and industrial and commercial operations;

(4) Have the power consistent with this chapter to acquire, own, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, lease with or without options to purchase, lease with or without options to extend or renew, contract concerning, or otherwise deal in, with, or dispose of any lands, buildings, improvements, machinery, equipment, or facilities of any and every nature for the securing and developing of industry and commerce and parks for industrial and commercial operations;

(5) Have the power to appoint and employ and dismiss at pleasure, such agents and employees as may be selected by the authorities and to fix and pay their compensation;

(6) Have the power to establish an office for the transaction of business at such place as, in the opinion of the authorities, shall be advisable or necessary in carrying out the purposes of this chapter;

(7) Have the power to create and operate such agencies, departments, and instrumentalities as the authorities may deem necessary, desirable, or useful for the accomplishment and furtherance of any of the purposes of this chapter;

(8) Have the power to pay and expend funds for all necessary costs and expenses involved in and incident to the formation and organization of the authorities and the carrying out of the powers and purposes of this chapter;

(9) Have the power to adopt, alter, or repeal from time to time its own bylaws, rules, and regulations consistent with this chapter governing the manner in which the business of the authorities may be transacted and in which the purposes and powers may be transacted and in which the purposes and powers of the authorities may be accomplished and carried out;

(10) Have the power to fix and change, from time to time, rates and charges for the use of the facilities and services of the authorities;

(11) Have the power to promulgate and to alter or repeal, from time to time, rules and regulations consistent with this chapter and to enforce the same governing and pertaining to the use of the facilities and services of the authorities;

(12) Have the power to sell, contract concerning, or lease any of its docks, wharves, piers, quays, elevators, compresses, refrigeration storage plants, warehouses, industrial or commercial plants and facilities, and other improvements and facilities of whatever nature and to permit the use of any such facilities by any person engaging in any industrial or commercial activity;

(13) Have the power to acquire, construct, equip, and operate any and all facilities in or about the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations for the purpose of securing and developing industrial and commercial operations.

(14) Have the power to do any and all other acts and things of whatever nature consistent with this chapter necessary or incidental to the carrying out of the powers specified in this section and the accomplishment of the purposes of this chapter, whether or not specifically enumerated; and

(15) Be authorized to carry out the powers of the authorities and to accomplish the purposes of this chapter.

Acts 1961, No. 439, § 5; 1983, No. 623, § 2; A.S.A. 1947, § 21-1505.
Ark. Code Ann. § 14-357-107 — AR Code / Title 14 / Chapter 357 / Section 14-357-107
Use of operational revenue
Status: in_force

All revenue derived from the operation of the airport, after paying the operating expenses and maintenance, may be set aside and used for additional improvements on the airport or for any lawful purpose. Acts 1965, No. 384, § 6; A.S.A. 1947, § 74-706.

All revenue derived from the operation of the airport, after paying the operating expenses and maintenance, may be set aside and used for additional improvements on the airport or for any lawful purpose.

Acts 1965, No. 384, § 6; A.S.A. 1947, § 74-706.
Ark. Code Ann. § 14-16-201 — AR Code / Title 14 / Chapter 16 / Subchapter 2 / Section 14-16-201
Authority to operate
Status: in_force

(a) Any county or county board may: (1) Operate a program of public recreation and playgrounds; (2) Acquire, equip, and maintain land, buildings, or other recreational facilities; and (3) Expend funds for the operation of the program pursuant to the provisions of this subchapter. (b) The provisions of this subchapter shall not apply to § 17-22-201 et seq. Acts 1941, No. 291, § 1; A.S.A. 1947, § 19-3601.

(a) Any county or county board may: (1) Operate a program of public recreation and playgrounds; (2) Acquire, equip, and maintain land, buildings, or other recreational facilities; and (3) Expend funds for the operation of the program pursuant to the provisions of this subchapter.

(1) Operate a program of public recreation and playgrounds;

(2) Acquire, equip, and maintain land, buildings, or other recreational facilities; and

(3) Expend funds for the operation of the program pursuant to the provisions of this subchapter.

(b) The provisions of this subchapter shall not apply to § 17-22-201 et seq.

Acts 1941, No. 291, § 1; A.S.A. 1947, § 19-3601.
Ark. Code Ann. § 14-169-713 — AR Code / Title 14 / Chapter 169 / Subchapter 7 / Section 14-169-713
Interest of commissioner or employee in project or property or contract in connection with project
Status: in_force

(a) No commissioner or employee of an agency shall acquire any interest, direct or indirect, in any urban renewal project nor in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any urban renewal project. (b) (1) If any commissioner or employee of an agency owns or controls a direct or indirect interest in any property included or planned to be included in any urban renewal project, he immediately shall disclose it, in writing, to the agency. This disclosure shall be entered upon the minutes of the agency. (2) Failure so to disclose such interest shall constitute misconduct in office. Acts 1945, No. 212, § 20 as added by Acts 1961, No. 40, § 1; A.S.A. 1947, § 19-3063.9.

(a) No commissioner or employee of an agency shall acquire any interest, direct or indirect, in any urban renewal project nor in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any urban renewal project.

(b) (1) If any commissioner or employee of an agency owns or controls a direct or indirect interest in any property included or planned to be included in any urban renewal project, he immediately shall disclose it, in writing, to the agency. This disclosure shall be entered upon the minutes of the agency. (2) Failure so to disclose such interest shall constitute misconduct in office.

(1) If any commissioner or employee of an agency owns or controls a direct or indirect interest in any property included or planned to be included in any urban renewal project, he immediately shall disclose it, in writing, to the agency. This disclosure shall be entered upon the minutes of the agency.

(2) Failure so to disclose such interest shall constitute misconduct in office.

Acts 1945, No. 212, § 20 as added by Acts 1961, No. 40, § 1; A.S.A. 1947, § 19-3063.9.
Ark. Code Ann. § 14-201-302 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-302
Creation of board
Status: in_force

(a) In each of the cities of the second class and incorporated towns of this state where electric light plants or water plants or sewerage systems or electric light plants and water plants and sewerage systems are owned by any improvement district or districts, or such districts having been paid out and now under control of the city or town council wherein the districts are located, having been constructed or acquired by the district or districts in whole or in part with funds derived from taxes or assessments of benefits against the real property in the improvement district or districts, there may be created a board to be known as "the board of public utilities." (b) The board shall have the sole and exclusive control of the maintenance, enlargement, and operations of the plants, subject to the provisions and conditions of this subchapter. (c) This subchapter shall not apply to districts that have outstanding bonds unpaid. Acts 1939, No. 95, § 1; A.S.A. 1947, § 19-4001.

(a) In each of the cities of the second class and incorporated towns of this state where electric light plants or water plants or sewerage systems or electric light plants and water plants and sewerage systems are owned by any improvement district or districts, or such districts having been paid out and now under control of the city or town council wherein the districts are located, having been constructed or acquired by the district or districts in whole or in part with funds derived from taxes or assessments of benefits against the real property in the improvement district or districts, there may be created a board to be known as "the board of public utilities."

(b) The board shall have the sole and exclusive control of the maintenance, enlargement, and operations of the plants, subject to the provisions and conditions of this subchapter.

(c) This subchapter shall not apply to districts that have outstanding bonds unpaid.

Acts 1939, No. 95, § 1; A.S.A. 1947, § 19-4001.
Ark. Code Ann. § 14-301-201 — AR Code / Title 14 / Chapter 301 / Subchapter 2 / Section 14-301-201
Provisions supplemental
Status: in_force

The procedure prescribed in this subchapter for the construction of street improvements and the financing thereof shall be supplemental to all other laws of this state with respect thereto and shall not be construed to amend, repeal, or otherwise affect those laws. Acts 1967, No. 252, § 7; A.S.A. 1947, § 19-3842.

The procedure prescribed in this subchapter for the construction of street improvements and the financing thereof shall be supplemental to all other laws of this state with respect thereto and shall not be construed to amend, repeal, or otherwise affect those laws.

Acts 1967, No. 252, § 7; A.S.A. 1947, § 19-3842.
Ark. Code Ann. § 14-118-307 — AR Code / Title 14 / Chapter 118 / Subchapter 3 / Section 14-118-307
Assessment of benefits and damages
Status: in_force

(a) (1) Upon the order granting the enlarged powers, the commissioners of the improvement district may determine to proceed to assess the lands in the district for the purpose of carrying out the plans of improvement as adopted in the order creating the district. (2) Thereupon, the commissioners shall: (A) Proceed to assess the lands within the district; (B) Inscribe in a book the description of each tract of land; (C) Assess the value of the benefits to accrue to each tract by reason of the improvement; and (D) Enter the assessment of benefits opposite the description. (3) The assessment shall embrace not merely the lands but all property and corporate roads, railroads, tramroads, and other improvements on land that will be benefited by the improvement. There shall be placed opposite each tract of land the name of the supposed owner as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. The commissioners may correct any evident error which occurs in the county assessment list. (b) The commissioners shall also assess all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged. Where they return no such assessment of damages as to any tract of land, it shall be deemed a finding by them that no damage will be sustained. Acts 1983, No. 432, § 4; A.S.A. 1947, § 21-1027.

(a) (1) Upon the order granting the enlarged powers, the commissioners of the improvement district may determine to proceed to assess the lands in the district for the purpose of carrying out the plans of improvement as adopted in the order creating the district. (2) Thereupon, the commissioners shall: (A) Proceed to assess the lands within the district; (B) Inscribe in a book the description of each tract of land; (C) Assess the value of the benefits to accrue to each tract by reason of the improvement; and (D) Enter the assessment of benefits opposite the description. (3) The assessment shall embrace not merely the lands but all property and corporate roads, railroads, tramroads, and other improvements on land that will be benefited by the improvement. There shall be placed opposite each tract of land the name of the supposed owner as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. The commissioners may correct any evident error which occurs in the county assessment list.

(1) Upon the order granting the enlarged powers, the commissioners of the improvement district may determine to proceed to assess the lands in the district for the purpose of carrying out the plans of improvement as adopted in the order creating the district.

(2) Thereupon, the commissioners shall: (A) Proceed to assess the lands within the district; (B) Inscribe in a book the description of each tract of land; (C) Assess the value of the benefits to accrue to each tract by reason of the improvement; and (D) Enter the assessment of benefits opposite the description.

(A) Proceed to assess the lands within the district;

(B) Inscribe in a book the description of each tract of land;

(C) Assess the value of the benefits to accrue to each tract by reason of the improvement; and

(D) Enter the assessment of benefits opposite the description.

(3) The assessment shall embrace not merely the lands but all property and corporate roads, railroads, tramroads, and other improvements on land that will be benefited by the improvement. There shall be placed opposite each tract of land the name of the supposed owner as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. The commissioners may correct any evident error which occurs in the county assessment list.

(b) The commissioners shall also assess all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged. Where they return no such assessment of damages as to any tract of land, it shall be deemed a finding by them that no damage will be sustained.

Acts 1983, No. 432, § 4; A.S.A. 1947, § 21-1027.
Ark. Code Ann. § 14-20-112 — AR Code / Title 14 / Chapter 20 / Section 14-20-112
County gross receipts tax on hotels and restaurants
Status: in_force

(a) (1) (A) (i) Any county in which there is located a municipality that levies a gross receipts tax on hotels, motels, restaurants, or similar establishments as authorized in the Advertising and Promotion Commission Act, § 26-75-601 et seq., may levy by ordinance of the county quorum court a like tax at the same rate as the levying municipality or at a lesser rate upon the gross receipts from furnishing of hotel or motel accommodations and upon the gross receipts of restaurants or similar establishments located within the county outside the boundaries of the levying municipality. (ii) The tax levied under this subdivision (a)(1)(A) shall apply to hotels, motels, restaurants, or similar establishments located within unincorporated areas of the county. (B) Any county in which there is located a municipality that levies a gross receipts tax on hotels, motels, restaurants, or similar establishments as authorized in § 26-75-701 et seq. may levy by ordinance of the county quorum court a like tax at the same rate as the levying municipality or at a lesser rate upon the furnishing of hotel or motel accommodations, the admission price to tourist attractions as defined in § 26-63-401 , the gross receipts of gift shops referred to in § 26-75-701 , restaurants, or similar establishments located within any township in the county outside the boundaries of the levying municipality. (b) (1) When any county levies the tax authorized in this section, the tax so levied shall be paid by the persons, firms, and corporations liable therefor and shall be collected by the levying county in the same manner and at the same time as the gross receipts tax levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq. (2) (A) (i) The quorum court levying such tax and the governing body of the municipality levying a like tax may enter into an agreement whereby the tax levied by the county will be collected by the municipality. (ii) If the tax levied by the county is collected by the municipality, all revenues derived from the tax shall be deposited into the municipality's advertising and promotion fund. (B) If the tax is collected by the levying county, all revenues derived from the tax, after deducting an amount equal to the cost of collecting it, shall be deposited into the advertising and promotion fund of the municipality located within the county that levies a like tax. (C) All such funds deposited in the municipality's advertising and promotion fund shall be used for the purposes prescribed in §§ 26-75-601 - 26-75-613 . (c) When any county levies a tax as authorized in this section, the tax shall be reported and remitted in the manner and on forms prescribed by the county or the municipality. Acts 1977, No. 178, §§ 3-5; A.S.A. 1947, §§ 17-450 -- 17-452; Acts 2001, No. 1647, § 1; 2005, No. 2314, § 1; 2007, No. 182, § 12; 2007, No. 473, § 1.

(a) (1) (A) (i) Any county in which there is located a municipality that levies a gross receipts tax on hotels, motels, restaurants, or similar establishments as authorized in the Advertising and Promotion Commission Act, § 26-75-601 et seq., may levy by ordinance of the county quorum court a like tax at the same rate as the levying municipality or at a lesser rate upon the gross receipts from furnishing of hotel or motel accommodations and upon the gross receipts of restaurants or similar establishments located within the county outside the boundaries of the levying municipality. (ii) The tax levied under this subdivision (a)(1)(A) shall apply to hotels, motels, restaurants, or similar establishments located within unincorporated areas of the county. (B) Any county in which there is located a municipality that levies a gross receipts tax on hotels, motels, restaurants, or similar establishments as authorized in § 26-75-701 et seq. may levy by ordinance of the county quorum court a like tax at the same rate as the levying municipality or at a lesser rate upon the furnishing of hotel or motel accommodations, the admission price to tourist attractions as defined in § 26-63-401 , the gross receipts of gift shops referred to in § 26-75-701 , restaurants, or similar establishments located within any township in the county outside the boundaries of the levying municipality.

(1) (A) (i) Any county in which there is located a municipality that levies a gross receipts tax on hotels, motels, restaurants, or similar establishments as authorized in the Advertising and Promotion Commission Act, § 26-75-601 et seq., may levy by ordinance of the county quorum court a like tax at the same rate as the levying municipality or at a lesser rate upon the gross receipts from furnishing of hotel or motel accommodations and upon the gross receipts of restaurants or similar establishments located within the county outside the boundaries of the levying municipality. (ii) The tax levied under this subdivision (a)(1)(A) shall apply to hotels, motels, restaurants, or similar establishments located within unincorporated areas of the county. (B) Any county in which there is located a municipality that levies a gross receipts tax on hotels, motels, restaurants, or similar establishments as authorized in § 26-75-701 et seq. may levy by ordinance of the county quorum court a like tax at the same rate as the levying municipality or at a lesser rate upon the furnishing of hotel or motel accommodations, the admission price to tourist attractions as defined in § 26-63-401 , the gross receipts of gift shops referred to in § 26-75-701 , restaurants, or similar establishments located within any township in the county outside the boundaries of the levying municipality.

(A) (i) Any county in which there is located a municipality that levies a gross receipts tax on hotels, motels, restaurants, or similar establishments as authorized in the Advertising and Promotion Commission Act, § 26-75-601 et seq., may levy by ordinance of the county quorum court a like tax at the same rate as the levying municipality or at a lesser rate upon the gross receipts from furnishing of hotel or motel accommodations and upon the gross receipts of restaurants or similar establishments located within the county outside the boundaries of the levying municipality. (ii) The tax levied under this subdivision (a)(1)(A) shall apply to hotels, motels, restaurants, or similar establishments located within unincorporated areas of the county.

(i) Any county in which there is located a municipality that levies a gross receipts tax on hotels, motels, restaurants, or similar establishments as authorized in the Advertising and Promotion Commission Act, § 26-75-601 et seq., may levy by ordinance of the county quorum court a like tax at the same rate as the levying municipality or at a lesser rate upon the gross receipts from furnishing of hotel or motel accommodations and upon the gross receipts of restaurants or similar establishments located within the county outside the boundaries of the levying municipality.

(ii) The tax levied under this subdivision (a)(1)(A) shall apply to hotels, motels, restaurants, or similar establishments located within unincorporated areas of the county.

(B) Any county in which there is located a municipality that levies a gross receipts tax on hotels, motels, restaurants, or similar establishments as authorized in § 26-75-701 et seq. may levy by ordinance of the county quorum court a like tax at the same rate as the levying municipality or at a lesser rate upon the furnishing of hotel or motel accommodations, the admission price to tourist attractions as defined in § 26-63-401 , the gross receipts of gift shops referred to in § 26-75-701 , restaurants, or similar establishments located within any township in the county outside the boundaries of the levying municipality.

(b) (1) When any county levies the tax authorized in this section, the tax so levied shall be paid by the persons, firms, and corporations liable therefor and shall be collected by the levying county in the same manner and at the same time as the gross receipts tax levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq. (2) (A) (i) The quorum court levying such tax and the governing body of the municipality levying a like tax may enter into an agreement whereby the tax levied by the county will be collected by the municipality. (ii) If the tax levied by the county is collected by the municipality, all revenues derived from the tax shall be deposited into the municipality's advertising and promotion fund. (B) If the tax is collected by the levying county, all revenues derived from the tax, after deducting an amount equal to the cost of collecting it, shall be deposited into the advertising and promotion fund of the municipality located within the county that levies a like tax. (C) All such funds deposited in the municipality's advertising and promotion fund shall be used for the purposes prescribed in §§ 26-75-601 - 26-75-613 .

(1) When any county levies the tax authorized in this section, the tax so levied shall be paid by the persons, firms, and corporations liable therefor and shall be collected by the levying county in the same manner and at the same time as the gross receipts tax levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq.

(2) (A) (i) The quorum court levying such tax and the governing body of the municipality levying a like tax may enter into an agreement whereby the tax levied by the county will be collected by the municipality. (ii) If the tax levied by the county is collected by the municipality, all revenues derived from the tax shall be deposited into the municipality's advertising and promotion fund. (B) If the tax is collected by the levying county, all revenues derived from the tax, after deducting an amount equal to the cost of collecting it, shall be deposited into the advertising and promotion fund of the municipality located within the county that levies a like tax. (C) All such funds deposited in the municipality's advertising and promotion fund shall be used for the purposes prescribed in §§ 26-75-601 - 26-75-613 .

(A) (i) The quorum court levying such tax and the governing body of the municipality levying a like tax may enter into an agreement whereby the tax levied by the county will be collected by the municipality. (ii) If the tax levied by the county is collected by the municipality, all revenues derived from the tax shall be deposited into the municipality's advertising and promotion fund.

(i) The quorum court levying such tax and the governing body of the municipality levying a like tax may enter into an agreement whereby the tax levied by the county will be collected by the municipality.

(ii) If the tax levied by the county is collected by the municipality, all revenues derived from the tax shall be deposited into the municipality's advertising and promotion fund.

(B) If the tax is collected by the levying county, all revenues derived from the tax, after deducting an amount equal to the cost of collecting it, shall be deposited into the advertising and promotion fund of the municipality located within the county that levies a like tax.

(C) All such funds deposited in the municipality's advertising and promotion fund shall be used for the purposes prescribed in §§ 26-75-601 - 26-75-613 .

(c) When any county levies a tax as authorized in this section, the tax shall be reported and remitted in the manner and on forms prescribed by the county or the municipality.

Acts 1977, No. 178, §§ 3-5; A.S.A. 1947, §§ 17-450 -- 17-452; Acts 2001, No. 1647, § 1; 2005, No. 2314, § 1; 2007, No. 182, § 12; 2007, No. 473, § 1.
Ark. Code Ann. § 14-164-417 — AR Code / Title 14 / Chapter 164 / Subchapter 4 / Section 14-164-417
Alternative financing
Status: in_force

Nothing contained in this subchapter shall be deemed to be a restriction or limitation upon alternative means of financing previously available or hereafter made available to municipalities or counties for the purposes set forth in this subchapter. Acts 1985, No. 974, § 10; A.S.A. 1947, § 13-1269.

Nothing contained in this subchapter shall be deemed to be a restriction or limitation upon alternative means of financing previously available or hereafter made available to municipalities or counties for the purposes set forth in this subchapter.

Acts 1985, No. 974, § 10; A.S.A. 1947, § 13-1269.
Ark. Code Ann. § 14-45-104 — AR Code / Title 14 / Chapter 45 / Section 14-45-104
Election of mayor
Status: in_force

The qualified electors in incorporated towns shall elect a mayor for a term of four (4) years on the Tuesday following the first Monday in November 1966 and every four (4) years thereafter. Acts 1965, No. 554, § 1; A.S.A. 1947, § 19-1201.1.

The qualified electors in incorporated towns shall elect a mayor for a term of four (4) years on the Tuesday following the first Monday in November 1966 and every four (4) years thereafter.

Acts 1965, No. 554, § 1; A.S.A. 1947, § 19-1201.1.
Ark. Code Ann. § 14-169-709 — AR Code / Title 14 / Chapter 169 / Subchapter 7 / Section 14-169-709
Urban renewal agency created
Status: in_force

(a) (1) There is created in each municipality in this state, where on January 10, 1961, a housing authority has not been established or a housing authority is established but the housing authority has not undertaken an urban renewal project, a public body politic and corporate to be known as the "urban renewal agency" of the municipality for the purpose of planning and undertaking urban renewal projects. (2) A municipality in which the urban renewal agency has ceased operation and become dormant may by resolution of the governing body revive the urban renewal agency, and upon adoption of the resolution under subsection (b) of this section, the mayor shall appoint a board of commissioners under § 14-169-710 . (b) The agency shall not transact any business or exercise any powers under this subchapter unless and until the local governing body shall have adopted a resolution finding that: (1) One (1) or more slum, blighted, deteriorated, or deteriorating areas exist in the municipality; and (2) The rehabilitation, conservation, redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality. Amended by Act 2017, No. 732,§ 7, eff. 8/1/2017. Acts 1945, No. 212, § 19 as added by Acts 1961, No. 40, § 1; A.S.A. 1947, § 19-3063.8.

(a) (1) There is created in each municipality in this state, where on January 10, 1961, a housing authority has not been established or a housing authority is established but the housing authority has not undertaken an urban renewal project, a public body politic and corporate to be known as the "urban renewal agency" of the municipality for the purpose of planning and undertaking urban renewal projects. (2) A municipality in which the urban renewal agency has ceased operation and become dormant may by resolution of the governing body revive the urban renewal agency, and upon adoption of the resolution under subsection (b) of this section, the mayor shall appoint a board of commissioners under § 14-169-710 .

(1) There is created in each municipality in this state, where on January 10, 1961, a housing authority has not been established or a housing authority is established but the housing authority has not undertaken an urban renewal project, a public body politic and corporate to be known as the "urban renewal agency" of the municipality for the purpose of planning and undertaking urban renewal projects.

(2) A municipality in which the urban renewal agency has ceased operation and become dormant may by resolution of the governing body revive the urban renewal agency, and upon adoption of the resolution under subsection (b) of this section, the mayor shall appoint a board of commissioners under § 14-169-710 .

(b) The agency shall not transact any business or exercise any powers under this subchapter unless and until the local governing body shall have adopted a resolution finding that: (1) One (1) or more slum, blighted, deteriorated, or deteriorating areas exist in the municipality; and (2) The rehabilitation, conservation, redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality.

(1) One (1) or more slum, blighted, deteriorated, or deteriorating areas exist in the municipality; and

(2) The rehabilitation, conservation, redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality.

Amended by Act 2017, No. 732,§ 7, eff. 8/1/2017.

Acts 1945, No. 212, § 19 as added by Acts 1961, No. 40, § 1; A.S.A. 1947, § 19-3063.8.
Ark. Code Ann. § 14-238-108 — AR Code / Title 14 / Chapter 238 / Section 14-238-108
Members - Compensation
Status: in_force

(a) Each board shall consist of five (5) members unless there is an expansion of the board to provide services outside the county which created it. (b) (1) The initial members shall be appointed by the county judge of the creating county for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively. (2) When a rural waterworks facilities board is created to assume the operations of an existing nonprofit corporation that provides water or sewer service, the county judge shall appoint the initial members from a list of nominees provided by the nonprofit corporation's board of directors. (3) Successor members shall be elected by a majority of the board or by alternative member selection as set forth in § 14-238-124 for terms of five (5) years. (4) Each member shall serve until his or her successor is elected and qualified. (5) A member shall be eligible to succeed himself or herself. (c) Each member shall qualify by taking and filing with the clerk of the county creating the board his or her oath of office in which he or she 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. (d) In the event of a vacancy in the membership of the board, however caused, a majority of the board shall elect a successor member to serve the unexpired term. (e) The members of the board shall receive no compensation for their services but shall be entitled to reimbursement for reasonable and necessary expenses incurred in the performance of their duties. (f) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the county judge of the county which created the board, after reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal. (g) (1) (A) If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the county from which it obtains power, then not more than two (2) additional members per county may be added pursuant to the terms of any relevant interlocal agreement. (B) These members shall initially be appointed by the county judge of the noncreating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years. (2) (A) The other provisions of this section shall apply to these additional members. (B) Provided, no additional member shall be eligible to serve as chair of the board. Acts 1995, No. 617, § 8; 1999, No. 942, § 1.

(a) Each board shall consist of five (5) members unless there is an expansion of the board to provide services outside the county which created it.

(b) (1) The initial members shall be appointed by the county judge of the creating county for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively. (2) When a rural waterworks facilities board is created to assume the operations of an existing nonprofit corporation that provides water or sewer service, the county judge shall appoint the initial members from a list of nominees provided by the nonprofit corporation's board of directors. (3) Successor members shall be elected by a majority of the board or by alternative member selection as set forth in § 14-238-124 for terms of five (5) years. (4) Each member shall serve until his or her successor is elected and qualified. (5) A member shall be eligible to succeed himself or herself.

(1) The initial members shall be appointed by the county judge of the creating county for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively.

(2) When a rural waterworks facilities board is created to assume the operations of an existing nonprofit corporation that provides water or sewer service, the county judge shall appoint the initial members from a list of nominees provided by the nonprofit corporation's board of directors.

(3) Successor members shall be elected by a majority of the board or by alternative member selection as set forth in § 14-238-124 for terms of five (5) years.

(4) Each member shall serve until his or her successor is elected and qualified.

(5) A member shall be eligible to succeed himself or herself.

(c) Each member shall qualify by taking and filing with the clerk of the county creating the board his or her oath of office in which he or she 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.

(d) In the event of a vacancy in the membership of the board, however caused, a majority of the board shall elect a successor member to serve the unexpired term.

(e) The members of the board shall receive no compensation for their services but shall be entitled to reimbursement for reasonable and necessary expenses incurred in the performance of their duties.

(f) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the county judge of the county which created the board, after reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal.

(g) (1) (A) If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the county from which it obtains power, then not more than two (2) additional members per county may be added pursuant to the terms of any relevant interlocal agreement. (B) These members shall initially be appointed by the county judge of the noncreating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years. (2) (A) The other provisions of this section shall apply to these additional members. (B) Provided, no additional member shall be eligible to serve as chair of the board.

(1) (A) If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the county from which it obtains power, then not more than two (2) additional members per county may be added pursuant to the terms of any relevant interlocal agreement. (B) These members shall initially be appointed by the county judge of the noncreating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years.

(A) If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the county from which it obtains power, then not more than two (2) additional members per county may be added pursuant to the terms of any relevant interlocal agreement.

(B) These members shall initially be appointed by the county judge of the noncreating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years.

(2) (A) The other provisions of this section shall apply to these additional members. (B) Provided, no additional member shall be eligible to serve as chair of the board.

(A) The other provisions of this section shall apply to these additional members.

(B) Provided, no additional member shall be eligible to serve as chair of the board.

Acts 1995, No. 617, § 8; 1999, No. 942, § 1.
Ark. Code Ann. § 14-263-104 — AR Code / Title 14 / Chapter 263 / Section 14-263-104
Members
Status: in_force

(a) The board of governors shall consist of seven (7) members, who shall be qualified electors of the county in which the hospital is located and who shall be appointed by the county judge and approved by the quorum court. (b) (1) The regular term of office of each member so appointed by the county judge and approved by the quorum court shall begin as of July 1 next following the expiration of the term of his predecessor and shall end on June 30 of the seventh year thereafter; however, the terms of the original members shall be designated and arranged by the county judge so that the term of one (1) member shall expire on June 30 next following the date of his appointment, and the terms of the other members shall expire, respectively, on June 30 of the first, second, third, fourth, fifth, and sixth years thereafter. (2) Interim appointments shall be for the unexpired term. (3) Each board member shall hold office after the expiration of his term of office until his successor has been appointed and qualified. (4) All appointments made to fill vacancies caused by expiration of terms or by death shall be for a period of seven (7) years. (5) The duty to appoint the initial members of the board and to fill vacancies in case of death, resignation, expiration of terms, or for any other reason shall be that of the county judge with approval of the quorum court. (c) (1) In any county in which there are two (2) county-owned hospitals under the management, control, and direction of a single board of governors, the membership of the board of governors for those hospitals may be increased to eight (8) members, by ordinance of the quorum court. (2) When a county hospital board of governors is increased to eight (8) members as authorized in this subsection, the additional member of the board shall be appointed in the same manner, shall possess the same qualifications, shall have the same authority and responsibility, and shall be subject to removal for cause as other members of the board. (3) When the membership of a board is increased to eight (8) members, the person first appointed to fill the additional position shall be appointed for a term of eight (8) years, and thereafter all successor appointments to the board shall be for terms of eight (8) years in such manner that the term of one (1) member of the board shall expire each year. (d) In the event of misconduct or refusal to act, any member of the board may be removed for cause. (e) The board of governors shall be an honorary board, and its members shall receive no compensation for their services, nor shall they be liable individually for any civil damages arising out of the operation of the hospital. Acts 1977 (Ex. Sess.), No. 13, § 2; A.S.A. 1947, § 17-1502.

(a) The board of governors shall consist of seven (7) members, who shall be qualified electors of the county in which the hospital is located and who shall be appointed by the county judge and approved by the quorum court.

(b) (1) The regular term of office of each member so appointed by the county judge and approved by the quorum court shall begin as of July 1 next following the expiration of the term of his predecessor and shall end on June 30 of the seventh year thereafter; however, the terms of the original members shall be designated and arranged by the county judge so that the term of one (1) member shall expire on June 30 next following the date of his appointment, and the terms of the other members shall expire, respectively, on June 30 of the first, second, third, fourth, fifth, and sixth years thereafter. (2) Interim appointments shall be for the unexpired term. (3) Each board member shall hold office after the expiration of his term of office until his successor has been appointed and qualified. (4) All appointments made to fill vacancies caused by expiration of terms or by death shall be for a period of seven (7) years. (5) The duty to appoint the initial members of the board and to fill vacancies in case of death, resignation, expiration of terms, or for any other reason shall be that of the county judge with approval of the quorum court.

(1) The regular term of office of each member so appointed by the county judge and approved by the quorum court shall begin as of July 1 next following the expiration of the term of his predecessor and shall end on June 30 of the seventh year thereafter; however, the terms of the original members shall be designated and arranged by the county judge so that the term of one (1) member shall expire on June 30 next following the date of his appointment, and the terms of the other members shall expire, respectively, on June 30 of the first, second, third, fourth, fifth, and sixth years thereafter.

(2) Interim appointments shall be for the unexpired term.

(3) Each board member shall hold office after the expiration of his term of office until his successor has been appointed and qualified.

(4) All appointments made to fill vacancies caused by expiration of terms or by death shall be for a period of seven (7) years.

(5) The duty to appoint the initial members of the board and to fill vacancies in case of death, resignation, expiration of terms, or for any other reason shall be that of the county judge with approval of the quorum court.

(c) (1) In any county in which there are two (2) county-owned hospitals under the management, control, and direction of a single board of governors, the membership of the board of governors for those hospitals may be increased to eight (8) members, by ordinance of the quorum court. (2) When a county hospital board of governors is increased to eight (8) members as authorized in this subsection, the additional member of the board shall be appointed in the same manner, shall possess the same qualifications, shall have the same authority and responsibility, and shall be subject to removal for cause as other members of the board. (3) When the membership of a board is increased to eight (8) members, the person first appointed to fill the additional position shall be appointed for a term of eight (8) years, and thereafter all successor appointments to the board shall be for terms of eight (8) years in such manner that the term of one (1) member of the board shall expire each year.

(1) In any county in which there are two (2) county-owned hospitals under the management, control, and direction of a single board of governors, the membership of the board of governors for those hospitals may be increased to eight (8) members, by ordinance of the quorum court.

(2) When a county hospital board of governors is increased to eight (8) members as authorized in this subsection, the additional member of the board shall be appointed in the same manner, shall possess the same qualifications, shall have the same authority and responsibility, and shall be subject to removal for cause as other members of the board.

(3) When the membership of a board is increased to eight (8) members, the person first appointed to fill the additional position shall be appointed for a term of eight (8) years, and thereafter all successor appointments to the board shall be for terms of eight (8) years in such manner that the term of one (1) member of the board shall expire each year.

(d) In the event of misconduct or refusal to act, any member of the board may be removed for cause.

(e) The board of governors shall be an honorary board, and its members shall receive no compensation for their services, nor shall they be liable individually for any civil damages arising out of the operation of the hospital.

Acts 1977 (Ex. Sess.), No. 13, § 2; A.S.A. 1947, § 17-1502.
Ark. Code Ann. § 14-14-709 — AR Code / Title 14 / Chapter 14 / Subchapter 7 / Section 14-14-709
Establishment of subordinate service districts
Status: in_force

(a) Procedure Generally. A subordinate service district may be established by ordinance of the quorum court in the following manner: (1) Upon petition to the quorum court by twenty-five percent (25%) of the number of realty owners within the proposed subordinate service district, the owners of twenty-five percent (25%) of the realty in the area of the proposed subordinate service district, and the owners of twenty-five percent (25%) of the assessed value of the realty within the proposed subordinate service district, the quorum court shall set a date for a public hearing and shall give notice of the hearing on the petition to form the proposed subordinate service district. Following the public hearing, the court may either adopt an ordinance creating the subordinate service district or refuse to act further on the matter; (2) If hearings indicate that a geographic area desires exclusion from the proposed subordinate service district, the quorum court may amend the boundaries of the proposed subordinate service district to exclude the property in that area; and (3) Where an ordinance is adopted establishing a subordinate service district, the quorum court, in addition to all other requirements, shall publish notice of the adoption of the ordinance. The notice shall include a statement setting out the elector's right to protest. If within thirty (30) days of the notice, twenty-five percent (25%) or more of the number of realty owners within the proposed subordinate service district, the owners of twenty-five percent (25%) of the realty in the area of the proposed subordinate service district, and the owners of twenty-five percent (25%) of the assessed value of the realty within the proposed subordinate service district file a written protest, by individual letter or petition, then the ordinance creating the subordinate service district shall be void. (b) Ordinance Requirements. An ordinance to establish a subordinate service district shall include: (1) The name of the proposed district; (2) A map containing the boundaries of the proposed district; (3) The convenience or necessity of the proposed district; (4) The services to be provided by the proposed district; (5) The estimated cost of services to be provided and methods of financing the proposed services. Service charges adopted by a quorum court shall be equally administered on a per capita, per household, per unit of service, or a combination of these methods. Service charges adopted by the court on a per capita or per household method shall be administered equally without regard to an individual or household availing themselves of the service; and (6) The method for administering the proposed district. (c) Initiative and Referendum. All provisions of Arkansas Constitution, Amendment 7, shall apply to the establishment of county subordinate service areas. Acts 1981, No. 874, § 1; 1983, No. 233, § 2; A.S.A. 1947, § 17-4109; Acts 1993, No. 317, § 1.

(a) Procedure Generally. A subordinate service district may be established by ordinance of the quorum court in the following manner: (1) Upon petition to the quorum court by twenty-five percent (25%) of the number of realty owners within the proposed subordinate service district, the owners of twenty-five percent (25%) of the realty in the area of the proposed subordinate service district, and the owners of twenty-five percent (25%) of the assessed value of the realty within the proposed subordinate service district, the quorum court shall set a date for a public hearing and shall give notice of the hearing on the petition to form the proposed subordinate service district. Following the public hearing, the court may either adopt an ordinance creating the subordinate service district or refuse to act further on the matter; (2) If hearings indicate that a geographic area desires exclusion from the proposed subordinate service district, the quorum court may amend the boundaries of the proposed subordinate service district to exclude the property in that area; and (3) Where an ordinance is adopted establishing a subordinate service district, the quorum court, in addition to all other requirements, shall publish notice of the adoption of the ordinance. The notice shall include a statement setting out the elector's right to protest. If within thirty (30) days of the notice, twenty-five percent (25%) or more of the number of realty owners within the proposed subordinate service district, the owners of twenty-five percent (25%) of the realty in the area of the proposed subordinate service district, and the owners of twenty-five percent (25%) of the assessed value of the realty within the proposed subordinate service district file a written protest, by individual letter or petition, then the ordinance creating the subordinate service district shall be void.

(1) Upon petition to the quorum court by twenty-five percent (25%) of the number of realty owners within the proposed subordinate service district, the owners of twenty-five percent (25%) of the realty in the area of the proposed subordinate service district, and the owners of twenty-five percent (25%) of the assessed value of the realty within the proposed subordinate service district, the quorum court shall set a date for a public hearing and shall give notice of the hearing on the petition to form the proposed subordinate service district. Following the public hearing, the court may either adopt an ordinance creating the subordinate service district or refuse to act further on the matter;

(2) If hearings indicate that a geographic area desires exclusion from the proposed subordinate service district, the quorum court may amend the boundaries of the proposed subordinate service district to exclude the property in that area; and

(3) Where an ordinance is adopted establishing a subordinate service district, the quorum court, in addition to all other requirements, shall publish notice of the adoption of the ordinance. The notice shall include a statement setting out the elector's right to protest. If within thirty (30) days of the notice, twenty-five percent (25%) or more of the number of realty owners within the proposed subordinate service district, the owners of twenty-five percent (25%) of the realty in the area of the proposed subordinate service district, and the owners of twenty-five percent (25%) of the assessed value of the realty within the proposed subordinate service district file a written protest, by individual letter or petition, then the ordinance creating the subordinate service district shall be void.

(b) Ordinance Requirements. An ordinance to establish a subordinate service district shall include: (1) The name of the proposed district; (2) A map containing the boundaries of the proposed district; (3) The convenience or necessity of the proposed district; (4) The services to be provided by the proposed district; (5) The estimated cost of services to be provided and methods of financing the proposed services. Service charges adopted by a quorum court shall be equally administered on a per capita, per household, per unit of service, or a combination of these methods. Service charges adopted by the court on a per capita or per household method shall be administered equally without regard to an individual or household availing themselves of the service; and (6) The method for administering the proposed district.

(1) The name of the proposed district;

(2) A map containing the boundaries of the proposed district;

(3) The convenience or necessity of the proposed district;

(4) The services to be provided by the proposed district;

(5) The estimated cost of services to be provided and methods of financing the proposed services. Service charges adopted by a quorum court shall be equally administered on a per capita, per household, per unit of service, or a combination of these methods. Service charges adopted by the court on a per capita or per household method shall be administered equally without regard to an individual or household availing themselves of the service; and

(6) The method for administering the proposed district.

(c) Initiative and Referendum. All provisions of Arkansas Constitution, Amendment 7, shall apply to the establishment of county subordinate service areas.

Acts 1981, No. 874, § 1; 1983, No. 233, § 2; A.S.A. 1947, § 17-4109; Acts 1993, No. 317, § 1.
Ark. Code Ann. § 14-251-101 — AR Code / Title 14 / Chapter 251 / Section 14-251-101
Definition
Status: in_force

The term "operating authority", as used in this chapter unless the context otherwise requires, is defined to mean either the legislative body or the board of commissioners, whichever is charged in a given instance with the responsibility of operating the municipal waterworks system. Acts 1959, No. 204, § 2; A.S.A. 1947, § 19-4231.

The term "operating authority", as used in this chapter unless the context otherwise requires, is defined to mean either the legislative body or the board of commissioners, whichever is charged in a given instance with the responsibility of operating the municipal waterworks system.

Acts 1959, No. 204, § 2; A.S.A. 1947, § 19-4231.
Ark. Code Ann. § 14-186-414 — AR Code / Title 14 / Chapter 186 / Subchapter 4 / Section 14-186-414
Service rates and surplus
Status: in_force

(a) Rates fixed precedent to the issuance of bonds shall not be reduced until all of the bonds shall have been fully paid and, whenever necessary, may be increased in amounts sufficient to provide for the payment of the bonds, both principal and interest, and to provide proper funds for the depreciation account and operation and maintenance charges. (b) (1) If any surplus shall be accumulated in the operating and maintenance fund which shall be in excess of the costs of maintaining and operating the port during the remainder of the fiscal year then current, and the costs of maintaining and operating the port during the fiscal year ensuing, then any excess may be transferred to either the depreciation account, or to the bond and interest redemption account as may be provided. (2) If any surplus shall be accumulated in the depreciation account over and above that which may be found necessary for the proper replacements which may be needed during the present fiscal year and the ensuing fiscal year, then the excess may be transferred to the bond and interest redemption account. (3) If any surplus shall exist in the bond and interest redemption account, it shall be applied, insofar as possible, in the purchase or retirement of outstanding revenue bonds payable from the account, and for that purpose the bonds not yet due may be purchased in the open market at not more than the fair market value of them. Acts 1959, No. 310, § 8; A.S.A. 1947, § 19-2739.

(a) Rates fixed precedent to the issuance of bonds shall not be reduced until all of the bonds shall have been fully paid and, whenever necessary, may be increased in amounts sufficient to provide for the payment of the bonds, both principal and interest, and to provide proper funds for the depreciation account and operation and maintenance charges.

(b) (1) If any surplus shall be accumulated in the operating and maintenance fund which shall be in excess of the costs of maintaining and operating the port during the remainder of the fiscal year then current, and the costs of maintaining and operating the port during the fiscal year ensuing, then any excess may be transferred to either the depreciation account, or to the bond and interest redemption account as may be provided. (2) If any surplus shall be accumulated in the depreciation account over and above that which may be found necessary for the proper replacements which may be needed during the present fiscal year and the ensuing fiscal year, then the excess may be transferred to the bond and interest redemption account. (3) If any surplus shall exist in the bond and interest redemption account, it shall be applied, insofar as possible, in the purchase or retirement of outstanding revenue bonds payable from the account, and for that purpose the bonds not yet due may be purchased in the open market at not more than the fair market value of them.

(1) If any surplus shall be accumulated in the operating and maintenance fund which shall be in excess of the costs of maintaining and operating the port during the remainder of the fiscal year then current, and the costs of maintaining and operating the port during the fiscal year ensuing, then any excess may be transferred to either the depreciation account, or to the bond and interest redemption account as may be provided.

(2) If any surplus shall be accumulated in the depreciation account over and above that which may be found necessary for the proper replacements which may be needed during the present fiscal year and the ensuing fiscal year, then the excess may be transferred to the bond and interest redemption account.

(3) If any surplus shall exist in the bond and interest redemption account, it shall be applied, insofar as possible, in the purchase or retirement of outstanding revenue bonds payable from the account, and for that purpose the bonds not yet due may be purchased in the open market at not more than the fair market value of them.

Acts 1959, No. 310, § 8; A.S.A. 1947, § 19-2739.
Ark. Code Ann. § 14-43-602 — AR Code / Title 14 / Chapter 43 / Subchapter 6 / Section 14-43-602
Authority generally
Status: in_force

(a) A municipality is authorized to perform any function and exercise full legislative power in any and all matters of whatsoever nature pertaining to its municipal affairs, including, but not limited to, the power to tax. (b) The rule of decision known as "Dillon's Rule" is inapplicable to the municipal affairs of municipalities. Acts 1971, No. 266, § 1; A.S.A. 1947, § 19-1042; Acts 2011, No. 1187, § 2.

(a) A municipality is authorized to perform any function and exercise full legislative power in any and all matters of whatsoever nature pertaining to its municipal affairs, including, but not limited to, the power to tax.

(b) The rule of decision known as "Dillon's Rule" is inapplicable to the municipal affairs of municipalities.

Acts 1971, No. 266, § 1; A.S.A. 1947, § 19-1042; Acts 2011, No. 1187, § 2.
Ark. Code Ann. § 14-116-102 — AR Code / Title 14 / Chapter 116 / Subchapter 1 / Section 14-116-102
Purpose
Status: in_force

Public nonprofit regional water distribution districts may be organized under this chapter for any one (1) or more of the following purposes: (1) Acquisition of water from wells, lakes, rivers, tributaries, or streams of or bordering this state or from existing reservoirs heretofore created by the construction of dams by or under the direction and supervision of the United States Army Corps of Engineers; (2) Acquisition of water, water storage facilities, and the storage of the water in reservoirs created by the construction of multipurpose dams by or under the direction and supervision of the United States Army Corps of Engineers, or by the water district with federal financial or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act or any other federal law; (3) Purification, treatment, and processing of the water; (4) Furnishing the water to persons desiring it; (5) Assisting in the installation and operation of the water and transportation facilities of persons who are furnished water by the water district and the acquisition, supply, or installation of equipment necessary therefor; (6) Transportation and delivery of the water to persons furnished it by the water district; (7) In the case of a district in existence on January 1, 2001, other than a district the lands within which are subject to assessment under § 14-116-601 et seq., owning, acquiring, operating, constructing, equipping, improving, expanding, contracting, concerning, and otherwise dealing in and with regard to properties, real, personal, or mixed, tangible and intangible, for the purpose of the collecting, transporting, treating, and disposing of sewage and liquid waste, industrial, commercial, and residential; and (8) Carrying out the functions as may be related and appropriate to the accomplishment of the purposes enumerated in this section. Acts 1957, No. 114, § 3; 1963, No. 120, § 2; 1973, No. 137, § 1; A.S.A. 1947, § 21-1403; Acts 2001, No. 618, § 1.

Public nonprofit regional water distribution districts may be organized under this chapter for any one (1) or more of the following purposes:

(1) Acquisition of water from wells, lakes, rivers, tributaries, or streams of or bordering this state or from existing reservoirs heretofore created by the construction of dams by or under the direction and supervision of the United States Army Corps of Engineers;

(2) Acquisition of water, water storage facilities, and the storage of the water in reservoirs created by the construction of multipurpose dams by or under the direction and supervision of the United States Army Corps of Engineers, or by the water district with federal financial or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act or any other federal law;

(3) Purification, treatment, and processing of the water;

(4) Furnishing the water to persons desiring it;

(5) Assisting in the installation and operation of the water and transportation facilities of persons who are furnished water by the water district and the acquisition, supply, or installation of equipment necessary therefor;

(6) Transportation and delivery of the water to persons furnished it by the water district;

(7) In the case of a district in existence on January 1, 2001, other than a district the lands within which are subject to assessment under § 14-116-601 et seq., owning, acquiring, operating, constructing, equipping, improving, expanding, contracting, concerning, and otherwise dealing in and with regard to properties, real, personal, or mixed, tangible and intangible, for the purpose of the collecting, transporting, treating, and disposing of sewage and liquid waste, industrial, commercial, and residential; and

(8) Carrying out the functions as may be related and appropriate to the accomplishment of the purposes enumerated in this section.

Acts 1957, No. 114, § 3; 1963, No. 120, § 2; 1973, No. 137, § 1; A.S.A. 1947, § 21-1403; Acts 2001, No. 618, § 1.
Ark. Code Ann. § 14-188-109 — AR Code / Title 14 / Chapter 188 / Section 14-188-109
Powers of authority generally
Status: in_force

A rural development authority shall constitute a public body corporate and politic, exercising public and essential government functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including without limitation the following powers in addition to others granted in this chapter: (1) To do all of the following: (A) Sue and be sued; (B) Have a seal and alter it at pleasure; (C) Have perpetual succession; (D) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and (E) Amend and repeal rules and regulations, from time to time, not inconsistent with this chapter to carry into effect the powers and purposes of the authority; (2) To do all of the following: (A) Borrow money and otherwise contract indebtedness; (B) Issue its bonds or other evidence of indebtedness; and (C) Secure the payment of it by mortgage or pledge of any or all of its property, assets, rights, privileges, licenses, rights-of-way, easements, revenues, or income; (3) Within its area of operation: (A) To prepare, acquire, lease, and operate development projects; and (B) To engage in all related activities which have as their objective the long-range economic development of the county; (4) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a development project and, notwithstanding anything to the contrary contained in this chapter or in any other provision of law, to include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with any conditions which the federal government may have attached to its financial aid of the project; (5) To do all of the following: (A) Own, hold, and improve real or personal property; (B) Purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, or any interest in it; (C) Sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest in it; (D) Insure or provide for the insurance of any real or personal property, or operations of the authority, against any risk or hazards; and (E) Procure insurance or guarantees from the federal government of the payment of any debts, or parts of them, secured by mortgages on any property included in any of its projects; (6) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control and to purchase its bonds at a price not more than their principal amount, with accrued interest; (7) Within its area of operation, to investigate into unemployment, underemployment, and economic underdevelopment, and into the means of improving these conditions; (8) (A) To enter into a partnership with a private actor as provided by § 14-96-201 et seq. to do the following: (i) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (ii) Finance public capital facilities or projects that include broadband internet service. (B) A rural development authority in existence on and after January 1, 2021, may conduct any of the activities under subdivision (8)(A) of this section using the notice and voting procedures for the creation of a rural development authority under this chapter; and (9) To exercise all, or any part or combination of, the powers granted in this section. Amended by Act 2023, No. 203,§ 26, eff. 8/1/2023. Amended by Act 2021, No. 795,§ 6, eff. 7/28/2021. Acts 1963, No. 172, § 11; 1967, No. 75, § 3; A.S.A. 1947, § 20-1411.

A rural development authority shall constitute a public body corporate and politic, exercising public and essential government functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including without limitation the following powers in addition to others granted in this chapter:

(1) To do all of the following: (A) Sue and be sued; (B) Have a seal and alter it at pleasure; (C) Have perpetual succession; (D) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and (E) Amend and repeal rules and regulations, from time to time, not inconsistent with this chapter to carry into effect the powers and purposes of the authority;

(A) Sue and be sued;

(B) Have a seal and alter it at pleasure;

(C) Have perpetual succession;

(D) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and

(E) Amend and repeal rules and regulations, from time to time, not inconsistent with this chapter to carry into effect the powers and purposes of the authority;

(2) To do all of the following: (A) Borrow money and otherwise contract indebtedness; (B) Issue its bonds or other evidence of indebtedness; and (C) Secure the payment of it by mortgage or pledge of any or all of its property, assets, rights, privileges, licenses, rights-of-way, easements, revenues, or income;

(A) Borrow money and otherwise contract indebtedness;

(B) Issue its bonds or other evidence of indebtedness; and

(C) Secure the payment of it by mortgage or pledge of any or all of its property, assets, rights, privileges, licenses, rights-of-way, easements, revenues, or income;

(3) Within its area of operation: (A) To prepare, acquire, lease, and operate development projects; and (B) To engage in all related activities which have as their objective the long-range economic development of the county;

(A) To prepare, acquire, lease, and operate development projects; and

(B) To engage in all related activities which have as their objective the long-range economic development of the county;

(4) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a development project and, notwithstanding anything to the contrary contained in this chapter or in any other provision of law, to include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with any conditions which the federal government may have attached to its financial aid of the project;

(5) To do all of the following: (A) Own, hold, and improve real or personal property; (B) Purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, or any interest in it; (C) Sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest in it; (D) Insure or provide for the insurance of any real or personal property, or operations of the authority, against any risk or hazards; and (E) Procure insurance or guarantees from the federal government of the payment of any debts, or parts of them, secured by mortgages on any property included in any of its projects;

(A) Own, hold, and improve real or personal property;

(B) Purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, or any interest in it;

(C) Sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest in it;

(D) Insure or provide for the insurance of any real or personal property, or operations of the authority, against any risk or hazards; and

(E) Procure insurance or guarantees from the federal government of the payment of any debts, or parts of them, secured by mortgages on any property included in any of its projects;

(6) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control and to purchase its bonds at a price not more than their principal amount, with accrued interest;

(7) Within its area of operation, to investigate into unemployment, underemployment, and economic underdevelopment, and into the means of improving these conditions;

(8) (A) To enter into a partnership with a private actor as provided by § 14-96-201 et seq. to do the following: (i) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (ii) Finance public capital facilities or projects that include broadband internet service. (B) A rural development authority in existence on and after January 1, 2021, may conduct any of the activities under subdivision (8)(A) of this section using the notice and voting procedures for the creation of a rural development authority under this chapter; and

(A) To enter into a partnership with a private actor as provided by § 14-96-201 et seq. to do the following: (i) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (ii) Finance public capital facilities or projects that include broadband internet service.

(i) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and

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

(B) A rural development authority in existence on and after January 1, 2021, may conduct any of the activities under subdivision (8)(A) of this section using the notice and voting procedures for the creation of a rural development authority under this chapter; and

(9) To exercise all, or any part or combination of, the powers granted in this section.

Amended by Act 2023, No. 203,§ 26, eff. 8/1/2023.

Amended by Act 2021, No. 795,§ 6, eff. 7/28/2021.

Acts 1963, No. 172, § 11; 1967, No. 75, § 3; A.S.A. 1947, § 20-1411.
Ark. Code Ann. § 14-387-204 — AR Code / Title 14 / Chapter 387 / Subchapter 2 / Section 14-387-204
Notice of filing petition
Status: in_force

(a) (1) After the filing of the petition as provided in § 14-387-202 , the county court shall make an order directing the clerk to cause notice to be given immediately of the filing of the petition. (2) The notice shall specify: (A) The class of animals it is proposed shall not run at large; and (B) If, for a subdivision of a county, the territory described in the petition. (b) (1) The notice shall be published in some newspaper published in the county, if there is one. (2) (A) If no newspaper is published in the county, the notice shall be posted at the courthouse door and at each voting precinct in the county, if the petition is for a county. (B) If the petition is for a subdivision, then the notice shall be posted at three (3) of the most public places in the subdivision. Acts 1883, No. 57, §§ 5, 6, p. 81; C. & M. Dig., §§ 309, 310; Pope's Dig., §§ 323, 324; A.S.A. 1947, §§ 78-1417, 78-1418.

(a) (1) After the filing of the petition as provided in § 14-387-202 , the county court shall make an order directing the clerk to cause notice to be given immediately of the filing of the petition. (2) The notice shall specify: (A) The class of animals it is proposed shall not run at large; and (B) If, for a subdivision of a county, the territory described in the petition.

(1) After the filing of the petition as provided in § 14-387-202 , the county court shall make an order directing the clerk to cause notice to be given immediately of the filing of the petition.

(2) The notice shall specify: (A) The class of animals it is proposed shall not run at large; and (B) If, for a subdivision of a county, the territory described in the petition.

(A) The class of animals it is proposed shall not run at large; and

(B) If, for a subdivision of a county, the territory described in the petition.

(b) (1) The notice shall be published in some newspaper published in the county, if there is one. (2) (A) If no newspaper is published in the county, the notice shall be posted at the courthouse door and at each voting precinct in the county, if the petition is for a county. (B) If the petition is for a subdivision, then the notice shall be posted at three (3) of the most public places in the subdivision.

(1) The notice shall be published in some newspaper published in the county, if there is one.

(2) (A) If no newspaper is published in the county, the notice shall be posted at the courthouse door and at each voting precinct in the county, if the petition is for a county. (B) If the petition is for a subdivision, then the notice shall be posted at three (3) of the most public places in the subdivision.

(A) If no newspaper is published in the county, the notice shall be posted at the courthouse door and at each voting precinct in the county, if the petition is for a county.

(B) If the petition is for a subdivision, then the notice shall be posted at three (3) of the most public places in the subdivision.

Acts 1883, No. 57, §§ 5, 6, p. 81; C. & M. Dig., §§ 309, 310; Pope's Dig., §§ 323, 324; A.S.A. 1947, §§ 78-1417, 78-1418.
Ark. Code Ann. § 14-217-112 — AR Code / Title 14 / Chapter 217 / Section 14-217-112
Bonds - Default - Receiver
Status: in_force

(a) In the event of a default in the payment of the principal of or interest on any revenue bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of the system constructed, in whole or in part, with the proceeds thereof. (b) The receiver shall have the power to operate and maintain the system and to charge and collect rates and rents sufficient to provide for the payment of the principal of and interest on the revenue bonds, after providing for the payment of any costs of receivership and operating expenses of the system, and to apply the revenues derived from the system in conformity with this chapter and the resolution or trust indenture authorizing or securing the revenue bonds. (c) When the default has been cured, the receivership shall be ended and the system returned to the district. (d) The relief afforded by this section, shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the resolution or trust indenture authorizing or securing the bonds. This relief shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from, and the mortgage lien on, the system as specified in and fixed by the resolutions or trust indentures authorizing or securing successive bond issues. Acts 1975, No. 490, § 9; A.S.A. 1947, § 20-1909.

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

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

(c) When the default has been cured, the receivership shall be ended and the system returned to the district.

(d) The relief afforded by this section, shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the resolution or trust indenture authorizing or securing the bonds. This relief shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from, and the mortgage lien on, the system as specified in and fixed by the resolutions or trust indentures authorizing or securing successive bond issues.

Acts 1975, No. 490, § 9; A.S.A. 1947, § 20-1909.
Ark. Code Ann. § 14-233-121 — AR Code / Title 14 / Chapter 233 / Section 14-233-121
Dissolution of authority
Status: in_force

(a) Whenever the member municipalities and counties shall by ordinance determine that the purposes for which the sanitation authority was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the authority have been fully paid or satisfied, the member municipalities and counties may by ordinance declare the authority to be dissolved. (b) On the effective date of the dissolution, the title to all funds and other property owned by the authority at the time of the dissolution shall vest in all or any number of the member municipalities and counties in the manner provided in the ordinances declaring the dissolution. (c) Copies of all the ordinances, certified by the respective clerks of the member municipalities and counties, shall be filed with the Secretary of State. Acts 1979, No. 699, § 16; A.S.A. 1947, § 82-2746.

(a) Whenever the member municipalities and counties shall by ordinance determine that the purposes for which the sanitation authority was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the authority have been fully paid or satisfied, the member municipalities and counties may by ordinance declare the authority to be dissolved.

(b) On the effective date of the dissolution, the title to all funds and other property owned by the authority at the time of the dissolution shall vest in all or any number of the member municipalities and counties in the manner provided in the ordinances declaring the dissolution.

(c) Copies of all the ordinances, certified by the respective clerks of the member municipalities and counties, shall be filed with the Secretary of State.

Acts 1979, No. 699, § 16; A.S.A. 1947, § 82-2746.
Ark. Code Ann. § 14-115-104 — AR Code / Title 14 / Chapter 115 / Section 14-115-104
Authority to cooperate with state and federal governments
Status: in_force

With respect to planning, constructing, operating, and maintaining works of improvement in the interstate watershed projects, the governing authority of any improvement district is authorized to cooperate and enter into agreements with, and to furnish financial and other assistance to, and receive financial and other assistance from: (1) The federal government, or any department or agency thereof; (2) The state government of other states; and (3) Other improvement districts in this state and in adjoining states. Acts 1967, No. 31, § 4; A.S.A. 1947, § 21-1804.

With respect to planning, constructing, operating, and maintaining works of improvement in the interstate watershed projects, the governing authority of any improvement district is authorized to cooperate and enter into agreements with, and to furnish financial and other assistance to, and receive financial and other assistance from:

(1) The federal government, or any department or agency thereof;

(2) The state government of other states; and

(3) Other improvement districts in this state and in adjoining states.

Acts 1967, No. 31, § 4; A.S.A. 1947, § 21-1804.
Ark. Code Ann. § 14-54-105 — AR Code / Title 14 / Chapter 54 / Subchapter 1 / Section 14-54-105
Additional powers of cities of the second class
Status: in_force

In order to better provide for the public welfare, safety, comfort, and convenience of their inhabitants, the following enlarged and additional powers are conferred upon cities of the second class: (1) (A) (i) To regulate the use of sidewalks, and all structures and excavations thereunder, to require the owner or occupant of any premises to keep the sidewalks in front or alongside the premises free from obstruction, to build and maintain suitable pavement or sidewalk improvements therealong whenever they may become necessary to the safety or convenience of travel, and to designate the kind of sidewalk improvement to be made, the kind of material to be used by the owner or occupant, and the time within which the improvement is required to be completed. (ii) The kind and character of sidewalk improvement for the same street or block shall be uniform. (B) (i) (a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain block or quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists. (i) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction in the city court, in like manner and with like consequence and effect as for a violation of any other ordinance of the city. (2) Each day that the failure or refusal is continued shall constitute a separate offense. (ii) After the owner upon notice, has failed to repair it, in cases where the sidewalk improvement shall be constructed by an occupant who holds the premises as a tenant or lessee, he shall have the right to deduct the cost thereof from the rent that may be due from him, or to hold the possession of the premises for such time as the rental value thereof will be sufficient to reimburse him for the cost. (iii) Nothing contained in this subdivision shall be so construed as to prevent the city from proceeding by civil action or in any other manner provided by existing laws; (2) To alter or change the width or extension of streets, sidewalks, alleys, avenues, parks, wharves, and other public grounds, and to vacate or lease out such portions thereof as may not for the time being be required for corporation purposes, and, where lands have been acquired or donated to the city for any object or purpose which has become impossible or impracticable to achieve, the lands may be used or devoted for other proper public or corporate purposes or sold by order of the city council and the proceeds applied for public or corporate purposes; (3) (A) To punish, prevent, or remove encroachments or obstructions upon any of the streets, sidewalks, wharves, or other public grounds of the city whether by buildings, fences, or structures of any kind, posts, trees, or any other matter or thing whatsoever. (B) No statute of limitations or lapse of time during which any obstruction or encroachment may have existed or been continued shall be permitted as a bar or defense against any proceeding or action to remove or abate it or to punish for its continuance after an order has been made by the city council for its removal or abatement; (4) (A) To prevent and punish the bringing or importation into the city of any pauper, mendicant, diseased, or other person likely to become a burden on the city or any charity therein or become a charge upon the county in which the city is situated unless such action has been authorized by some competent officer in this state in a manner provided for by law; (B) To punish the conductor of any train, captain of any boat or vessel, proprietor or driver of any stage or other conveyance, bringing any such person into the city unless the party providing conveyance can show that he had no reasonable grounds to know or become appraised of the condition or circumstances of such person; (C) To prevent or regulate the carrying on of any trade, business, or vocation of a tendency dangerous to morals, health, or safety, or calculated to promote dishonesty or crime. To provide by ordinance for the punishment of dishonest practices of any kind, and for the prompt arrest and punishment of all dishonest characters or persons of known bad reputation, such as burglars, pickpockets, sneakthieves, forgers, fakirs, confidence men, common cheats, tricksters, and the like, who shall come into or be found within the corporate limits of the city without being able to give a good account of themselves, and to provide that, upon the trial of all such persons, evidence as to general character, reputation, association, and places frequented shall be admissible, and in all such cases to authorize a fine not exceeding one hundred dollars ($100); and (D) To prevent, abate, or remove nuisances of every kind, and to declare what are nuisances, and also to punish the authors or continuers thereof by fine or imprisonment, or both. However, no previous declaration shall be necessary as to any matter, act, or thing that would have been a nuisance at common law, and all nuisances may be proceeded against, either by order of the city council or by prosecution in the city court. Acts 1897 (Ex. Sess.), No. 24, § 1, p. 69; C. & M. Dig., § 7684; Pope's Dig., § 9813; A.S.A. 1947, § 19-2305.

In order to better provide for the public welfare, safety, comfort, and convenience of their inhabitants, the following enlarged and additional powers are conferred upon cities of the second class:

(1) (A) (i) To regulate the use of sidewalks, and all structures and excavations thereunder, to require the owner or occupant of any premises to keep the sidewalks in front or alongside the premises free from obstruction, to build and maintain suitable pavement or sidewalk improvements therealong whenever they may become necessary to the safety or convenience of travel, and to designate the kind of sidewalk improvement to be made, the kind of material to be used by the owner or occupant, and the time within which the improvement is required to be completed. (ii) The kind and character of sidewalk improvement for the same street or block shall be uniform. (B) (i) (a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain block or quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists. (i) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction in the city court, in like manner and with like consequence and effect as for a violation of any other ordinance of the city. (2) Each day that the failure or refusal is continued shall constitute a separate offense. (ii) After the owner upon notice, has failed to repair it, in cases where the sidewalk improvement shall be constructed by an occupant who holds the premises as a tenant or lessee, he shall have the right to deduct the cost thereof from the rent that may be due from him, or to hold the possession of the premises for such time as the rental value thereof will be sufficient to reimburse him for the cost. (iii) Nothing contained in this subdivision shall be so construed as to prevent the city from proceeding by civil action or in any other manner provided by existing laws;

(A) (i) To regulate the use of sidewalks, and all structures and excavations thereunder, to require the owner or occupant of any premises to keep the sidewalks in front or alongside the premises free from obstruction, to build and maintain suitable pavement or sidewalk improvements therealong whenever they may become necessary to the safety or convenience of travel, and to designate the kind of sidewalk improvement to be made, the kind of material to be used by the owner or occupant, and the time within which the improvement is required to be completed. (ii) The kind and character of sidewalk improvement for the same street or block shall be uniform.

(i) To regulate the use of sidewalks, and all structures and excavations thereunder, to require the owner or occupant of any premises to keep the sidewalks in front or alongside the premises free from obstruction, to build and maintain suitable pavement or sidewalk improvements therealong whenever they may become necessary to the safety or convenience of travel, and to designate the kind of sidewalk improvement to be made, the kind of material to be used by the owner or occupant, and the time within which the improvement is required to be completed.

(ii) The kind and character of sidewalk improvement for the same street or block shall be uniform.

(B) (i) (a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain block or quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists. (i) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction in the city court, in like manner and with like consequence and effect as for a violation of any other ordinance of the city. (2) Each day that the failure or refusal is continued shall constitute a separate offense. (ii) After the owner upon notice, has failed to repair it, in cases where the sidewalk improvement shall be constructed by an occupant who holds the premises as a tenant or lessee, he shall have the right to deduct the cost thereof from the rent that may be due from him, or to hold the possession of the premises for such time as the rental value thereof will be sufficient to reimburse him for the cost. (iii) Nothing contained in this subdivision shall be so construed as to prevent the city from proceeding by civil action or in any other manner provided by existing laws;

(i) (a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain block or quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists.

(a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain block or quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists.

(i) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction in the city court, in like manner and with like consequence and effect as for a violation of any other ordinance of the city. (2) Each day that the failure or refusal is continued shall constitute a separate offense.

(1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction in the city court, in like manner and with like consequence and effect as for a violation of any other ordinance of the city.

(2) Each day that the failure or refusal is continued shall constitute a separate offense.

(ii) After the owner upon notice, has failed to repair it, in cases where the sidewalk improvement shall be constructed by an occupant who holds the premises as a tenant or lessee, he shall have the right to deduct the cost thereof from the rent that may be due from him, or to hold the possession of the premises for such time as the rental value thereof will be sufficient to reimburse him for the cost.

(iii) Nothing contained in this subdivision shall be so construed as to prevent the city from proceeding by civil action or in any other manner provided by existing laws;

(2) To alter or change the width or extension of streets, sidewalks, alleys, avenues, parks, wharves, and other public grounds, and to vacate or lease out such portions thereof as may not for the time being be required for corporation purposes, and, where lands have been acquired or donated to the city for any object or purpose which has become impossible or impracticable to achieve, the lands may be used or devoted for other proper public or corporate purposes or sold by order of the city council and the proceeds applied for public or corporate purposes;

(3) (A) To punish, prevent, or remove encroachments or obstructions upon any of the streets, sidewalks, wharves, or other public grounds of the city whether by buildings, fences, or structures of any kind, posts, trees, or any other matter or thing whatsoever. (B) No statute of limitations or lapse of time during which any obstruction or encroachment may have existed or been continued shall be permitted as a bar or defense against any proceeding or action to remove or abate it or to punish for its continuance after an order has been made by the city council for its removal or abatement;

(A) To punish, prevent, or remove encroachments or obstructions upon any of the streets, sidewalks, wharves, or other public grounds of the city whether by buildings, fences, or structures of any kind, posts, trees, or any other matter or thing whatsoever.

(B) No statute of limitations or lapse of time during which any obstruction or encroachment may have existed or been continued shall be permitted as a bar or defense against any proceeding or action to remove or abate it or to punish for its continuance after an order has been made by the city council for its removal or abatement;

(4) (A) To prevent and punish the bringing or importation into the city of any pauper, mendicant, diseased, or other person likely to become a burden on the city or any charity therein or become a charge upon the county in which the city is situated unless such action has been authorized by some competent officer in this state in a manner provided for by law; (B) To punish the conductor of any train, captain of any boat or vessel, proprietor or driver of any stage or other conveyance, bringing any such person into the city unless the party providing conveyance can show that he had no reasonable grounds to know or become appraised of the condition or circumstances of such person; (C) To prevent or regulate the carrying on of any trade, business, or vocation of a tendency dangerous to morals, health, or safety, or calculated to promote dishonesty or crime. To provide by ordinance for the punishment of dishonest practices of any kind, and for the prompt arrest and punishment of all dishonest characters or persons of known bad reputation, such as burglars, pickpockets, sneakthieves, forgers, fakirs, confidence men, common cheats, tricksters, and the like, who shall come into or be found within the corporate limits of the city without being able to give a good account of themselves, and to provide that, upon the trial of all such persons, evidence as to general character, reputation, association, and places frequented shall be admissible, and in all such cases to authorize a fine not exceeding one hundred dollars ($100); and (D) To prevent, abate, or remove nuisances of every kind, and to declare what are nuisances, and also to punish the authors or continuers thereof by fine or imprisonment, or both. However, no previous declaration shall be necessary as to any matter, act, or thing that would have been a nuisance at common law, and all nuisances may be proceeded against, either by order of the city council or by prosecution in the city court.

(A) To prevent and punish the bringing or importation into the city of any pauper, mendicant, diseased, or other person likely to become a burden on the city or any charity therein or become a charge upon the county in which the city is situated unless such action has been authorized by some competent officer in this state in a manner provided for by law;

(B) To punish the conductor of any train, captain of any boat or vessel, proprietor or driver of any stage or other conveyance, bringing any such person into the city unless the party providing conveyance can show that he had no reasonable grounds to know or become appraised of the condition or circumstances of such person;

(C) To prevent or regulate the carrying on of any trade, business, or vocation of a tendency dangerous to morals, health, or safety, or calculated to promote dishonesty or crime. To provide by ordinance for the punishment of dishonest practices of any kind, and for the prompt arrest and punishment of all dishonest characters or persons of known bad reputation, such as burglars, pickpockets, sneakthieves, forgers, fakirs, confidence men, common cheats, tricksters, and the like, who shall come into or be found within the corporate limits of the city without being able to give a good account of themselves, and to provide that, upon the trial of all such persons, evidence as to general character, reputation, association, and places frequented shall be admissible, and in all such cases to authorize a fine not exceeding one hundred dollars ($100); and

(D) To prevent, abate, or remove nuisances of every kind, and to declare what are nuisances, and also to punish the authors or continuers thereof by fine or imprisonment, or both. However, no previous declaration shall be necessary as to any matter, act, or thing that would have been a nuisance at common law, and all nuisances may be proceeded against, either by order of the city council or by prosecution in the city court.

Acts 1897 (Ex. Sess.), No. 24, § 1, p. 69; C. & M. Dig., § 7684; Pope's Dig., § 9813; A.S.A. 1947, § 19-2305.
Ark. Code Ann. § 14-361-108 — AR Code / Title 14 / Chapter 361 / Section 14-361-108
Contracts
Status: in_force

A municipality may enter into any contracts necessary to the execution of the powers granted it and for the purposes provided by this chapter. Acts 1953, No. 128, § 13; A.S.A. 1947, § 74-613.

A municipality may enter into any contracts necessary to the execution of the powers granted it and for the purposes provided by this chapter.

Acts 1953, No. 128, § 13; A.S.A. 1947, § 74-613.
Ark. Code Ann. § 14-120-319 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-319
Alternative method of assessment - Reassessment
Status: in_force

(a) Any levee district, drainage district, or levee and drainage district in this state, lying in one (1) or more counties, which may hereafter avail itself of the benefits and the power and authority conferred by this subchapter may, at its election and in the alternative, have the assessment of benefits made in the manner provided in the law under which it operates, and the tax on the assessed benefits shall be levied in the manner and by the means provided in the law under which it operates, notwithstanding the provisions of §§ 14-120-313 - 14-120-318 and 14-120-328 - 14-120-332 of this subchapter directing: (1) The manner and method of making the assessment of benefits estimated to accrue to the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines, and underground cables, pipelines, and all other real property and interests in real property situate within the boundaries of such district; (2) The levy of the annual tax on the assessment of benefits; and (3) The method of providing for the collection and enforcement of payment of the tax. (b) In the levee district, drainage district, or levee and drainage district, which may hereafter adopt the alternative method provided in this section, the amount of interest which will accrue on bonds authorized to be issued by the district shall be included and added to the tax, but the interest to accrue on account of the issuing of the bonds shall not be considered as a part of the cost of construction in determining whether or not the expenses and cost of making the improvements are or are not equal to or in excess of the benefits assessed. (c) The landowners in any district which may adopt the alternative method provided in this section shall have the privilege of paying their assessments of benefits in full within thirty (30) days after the assessment becomes final. But all such assessments not paid in full shall be made payable in installments, so that not more than twenty-five percent (25%) shall be collectible in any one (1) year against the wishes of the landowner. In the event that any landowner avails himself of this indulgence, the deferred installments of the assessed benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied. The levy of the assessment may be made by way of proportional amounts of the total assessed benefits. Interest need not be calculated until it is necessary to do so to avoid exceeding the total amount of benefits and interest. (d) A reassessment of benefits may be made in the district which may adopt the alternative method provided in this section not more often than once a year, and the reassessment shall be made by the commissioners, directors, or assessors, respectively, of the districts as was authorized for the original assessment. The reassessment shall be made in the same form, after the same notice, hearing, and right of appeal as were provided for the original assessment and with the same time limitation on right of appeal and suits attacking the assessment of benefits as provided for the original assessment of benefits. The installments thereof shall be levied, extended, and collected at the same time, in the same manner, by the same officers, and with the same lien and penalties for delinquencies as were provided for the original assessment. If in the district the original assessment of benefits was made by assessors, the board of directors or commissioners of the district shall have the power to fill any vacancies in the board of assessors; or, if in the district the power of the board of assessors was exhausted on making the original assessment, the board of commissioners or directors of the district shall have the power to appoint a new board of assessors composed of the same number and with the same qualifications as the original board. The new board shall have all powers to make the reassessments herein provided for as were conferred on the original board of assessors. Acts 1961, No. 20, § 12; A.S.A. 1947, § 21-850.

(a) Any levee district, drainage district, or levee and drainage district in this state, lying in one (1) or more counties, which may hereafter avail itself of the benefits and the power and authority conferred by this subchapter may, at its election and in the alternative, have the assessment of benefits made in the manner provided in the law under which it operates, and the tax on the assessed benefits shall be levied in the manner and by the means provided in the law under which it operates, notwithstanding the provisions of §§ 14-120-313 - 14-120-318 and 14-120-328 - 14-120-332 of this subchapter directing: (1) The manner and method of making the assessment of benefits estimated to accrue to the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines, and underground cables, pipelines, and all other real property and interests in real property situate within the boundaries of such district; (2) The levy of the annual tax on the assessment of benefits; and (3) The method of providing for the collection and enforcement of payment of the tax.

(1) The manner and method of making the assessment of benefits estimated to accrue to the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines, and underground cables, pipelines, and all other real property and interests in real property situate within the boundaries of such district;

(2) The levy of the annual tax on the assessment of benefits; and

(3) The method of providing for the collection and enforcement of payment of the tax.

(b) In the levee district, drainage district, or levee and drainage district, which may hereafter adopt the alternative method provided in this section, the amount of interest which will accrue on bonds authorized to be issued by the district shall be included and added to the tax, but the interest to accrue on account of the issuing of the bonds shall not be considered as a part of the cost of construction in determining whether or not the expenses and cost of making the improvements are or are not equal to or in excess of the benefits assessed.

(c) The landowners in any district which may adopt the alternative method provided in this section shall have the privilege of paying their assessments of benefits in full within thirty (30) days after the assessment becomes final. But all such assessments not paid in full shall be made payable in installments, so that not more than twenty-five percent (25%) shall be collectible in any one (1) year against the wishes of the landowner. In the event that any landowner avails himself of this indulgence, the deferred installments of the assessed benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied. The levy of the assessment may be made by way of proportional amounts of the total assessed benefits. Interest need not be calculated until it is necessary to do so to avoid exceeding the total amount of benefits and interest.

(d) A reassessment of benefits may be made in the district which may adopt the alternative method provided in this section not more often than once a year, and the reassessment shall be made by the commissioners, directors, or assessors, respectively, of the districts as was authorized for the original assessment. The reassessment shall be made in the same form, after the same notice, hearing, and right of appeal as were provided for the original assessment and with the same time limitation on right of appeal and suits attacking the assessment of benefits as provided for the original assessment of benefits. The installments thereof shall be levied, extended, and collected at the same time, in the same manner, by the same officers, and with the same lien and penalties for delinquencies as were provided for the original assessment. If in the district the original assessment of benefits was made by assessors, the board of directors or commissioners of the district shall have the power to fill any vacancies in the board of assessors; or, if in the district the power of the board of assessors was exhausted on making the original assessment, the board of commissioners or directors of the district shall have the power to appoint a new board of assessors composed of the same number and with the same qualifications as the original board. The new board shall have all powers to make the reassessments herein provided for as were conferred on the original board of assessors.

Acts 1961, No. 20, § 12; A.S.A. 1947, § 21-850.
Ark. Code Ann. § 14-24-118 — AR Code / Title 14 / Chapter 24 / Subchapter 1 / Section 14-24-118
Duty on presentation
Status: in_force

When the scrip or warrants so called in shall be presented to the county court, it shall be the duty of the court to examine them thoroughly and to reject all such evidences of indebtedness, as in their judgment, their county is not justly and legally bound to pay, subject to appeal to the circuit court. Acts 1875, No. 80, § 3, p. 189; C. & M. Dig., § 1998; Pope's Dig., § 2544; A.S.A. 1947, § 17-820.

When the scrip or warrants so called in shall be presented to the county court, it shall be the duty of the court to examine them thoroughly and to reject all such evidences of indebtedness, as in their judgment, their county is not justly and legally bound to pay, subject to appeal to the circuit court.

Acts 1875, No. 80, § 3, p. 189; C. & M. Dig., § 1998; Pope's Dig., § 2544; A.S.A. 1947, § 17-820.
Ark. Code Ann. § 14-120-110 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-110
Installment payment of levee and drainage taxes - Exceptions
Status: in_force

(a) All taxes levied on land, railroads, tramroads, pipelines, telephone lines, telegraph lines, and other improvements on real estate situated in any levee or drainage districts in the State of Arkansas shall be deemed to be due and payable at any time from the third Monday in February to and including October 1 in the year succeeding the year in which the levy is made. The taxes shall be payable at the option of the taxpayer in installments as follows: (1) The first installment of one-fourth (1/4) of the amount of the taxes shall be due and payable on and from the third Monday in February to and including the third Monday in April; (2) The second installment of one-fourth (1/4) shall be payable on and from the third Monday in April to and including the third Monday in July; and (3) The third installment of one-half (1/2) shall be payable on and from the third Monday in July to and including October 1. (b) All such taxes remaining unpaid after the periods above specified shall be considered as delinquent. However, this section shall not be applicable to any levee or drainage districts having any outstanding bonded indebtedness, nor shall it be applicable to any levee or drainage district unless and until the commissioners or directors of the districts shall by resolution adopt it. Acts 1959, No. 44, § 1; A.S.A. 1947, § 21-837.

(a) All taxes levied on land, railroads, tramroads, pipelines, telephone lines, telegraph lines, and other improvements on real estate situated in any levee or drainage districts in the State of Arkansas shall be deemed to be due and payable at any time from the third Monday in February to and including October 1 in the year succeeding the year in which the levy is made. The taxes shall be payable at the option of the taxpayer in installments as follows: (1) The first installment of one-fourth (1/4) of the amount of the taxes shall be due and payable on and from the third Monday in February to and including the third Monday in April; (2) The second installment of one-fourth (1/4) shall be payable on and from the third Monday in April to and including the third Monday in July; and (3) The third installment of one-half (1/2) shall be payable on and from the third Monday in July to and including October 1.

(1) The first installment of one-fourth (1/4) of the amount of the taxes shall be due and payable on and from the third Monday in February to and including the third Monday in April;

(2) The second installment of one-fourth (1/4) shall be payable on and from the third Monday in April to and including the third Monday in July; and

(3) The third installment of one-half (1/2) shall be payable on and from the third Monday in July to and including October 1.

(b) All such taxes remaining unpaid after the periods above specified shall be considered as delinquent. However, this section shall not be applicable to any levee or drainage districts having any outstanding bonded indebtedness, nor shall it be applicable to any levee or drainage district unless and until the commissioners or directors of the districts shall by resolution adopt it.

Acts 1959, No. 44, § 1; A.S.A. 1947, § 21-837.
Ark. Code Ann. § 14-14-705 — AR Code / Title 14 / Chapter 14 / Subchapter 7 / Section 14-14-705
County advisory or administrative boards
Status: in_force

(a) A county quorum court, by ordinance, may establish county advisory or administrative boards for the conduct of county affairs. (b) (1) Advisory Boards. (A) An advisory board may be established to assist a county office, department, or subordinate service district. The advisory board may furnish advice, gather information, make recommendations, and perform other activities as may be prescribed by ordinance. A county advisory board shall not have the power to administer programs or set policy. (B) All advisory board members shall be appointed by the county judge. Confirmation of advisory board members by a quorum court shall not be required. (C) An advisory board may contain any number of members as may be provided by the ordinance creating the advisory board. (D) The term of all advisory board members shall not exceed three (3) years. (2) Administrative Boards. (A) Administrative boards may be established to exercise administrative powers granted by county ordinance, except that the board may not be authorized to pledge the credit of the county. The administrative board shall be a body politic and corporate, with power to contract and be contracted with and sue and be sued. As to actions of tort, the board shall be considered as an agency of the county government and occupy the same status as a county. No board member shall be liable in court individually for an act performed by him or her as a board member unless the damages caused thereby were the results of the board member's malicious acts. (B) No member of any administrative board shall be interested, either directly or indirectly, in any contract made with the administrative board. A violation of subdivision (2)(B) of this section shall be deemed a felony. (C) An administrative board may be assigned responsibility for a county department or a subordinate service district. (D) All administrative board members shall be appointed by the county judge. These appointments shall require confirmation by a quorum court. (E) An administrative board shall contain five (5) members. Provided, a county library board created after August 1, 1997, shall consist of not less than five (5) members nor more than seven (7) members and shall serve until their successors are appointed and qualified. (F) The term of any administrative board member shall be for a period of five (5) years. However, the initial appointment of any administrative board shall provide for the appointment of one (1) member for a one-year term, one (1) member for a two-year term, one (1) member for a three-year term, one (1) member for a four-year term, and the remaining member or members for a five-year term, thereby providing, except for county library boards with more than five (5) members, for the appointment of one (1) member annually thereafter. (3) Boards Generally. (A) No board member, either advisory or administrative, shall be appointed for more than two (2) consecutive terms. (B) All persons appointed to an advisory or administrative board shall be qualified electors of the county. A quorum court may prescribe by ordinance additional qualifications for appointment to a county administrative board. (C) All board members appointed to either an advisory or administrative board shall subscribe to the oath of office within ten (10) days from the date of appointment. Evidence of oath of office shall be filed with the county clerk. Failure to do so shall be deemed to constitute rejection of the office, and the county judge shall appoint a board member to fill the vacancy. (D) No member of a quorum court shall serve as a member of a county advisory or administrative board. (E) A person may be removed from a county board for cause by the county judge with confirmation by resolution of the quorum court. Written notification stating the causes for removal shall be provided to the board member prior to the date established for quorum court consideration of removal, and the board member shall be afforded the opportunity to meet with the quorum court in their deliberation of removal. (F) Appeals from removal of a county board member shall be directed to the circuit court of the respective county within thirty (30) days after the removal is confirmed by the quorum court. Acts 1977, No. 742, § 103; A.S.A. 1947, § 17-4106; Acts 1997, No. 359, § 1.

(a) A county quorum court, by ordinance, may establish county advisory or administrative boards for the conduct of county affairs.

(b) (1) Advisory Boards. (A) An advisory board may be established to assist a county office, department, or subordinate service district. The advisory board may furnish advice, gather information, make recommendations, and perform other activities as may be prescribed by ordinance. A county advisory board shall not have the power to administer programs or set policy. (B) All advisory board members shall be appointed by the county judge. Confirmation of advisory board members by a quorum court shall not be required. (C) An advisory board may contain any number of members as may be provided by the ordinance creating the advisory board. (D) The term of all advisory board members shall not exceed three (3) years. (2) Administrative Boards. (A) Administrative boards may be established to exercise administrative powers granted by county ordinance, except that the board may not be authorized to pledge the credit of the county. The administrative board shall be a body politic and corporate, with power to contract and be contracted with and sue and be sued. As to actions of tort, the board shall be considered as an agency of the county government and occupy the same status as a county. No board member shall be liable in court individually for an act performed by him or her as a board member unless the damages caused thereby were the results of the board member's malicious acts. (B) No member of any administrative board shall be interested, either directly or indirectly, in any contract made with the administrative board. A violation of subdivision (2)(B) of this section shall be deemed a felony. (C) An administrative board may be assigned responsibility for a county department or a subordinate service district. (D) All administrative board members shall be appointed by the county judge. These appointments shall require confirmation by a quorum court. (E) An administrative board shall contain five (5) members. Provided, a county library board created after August 1, 1997, shall consist of not less than five (5) members nor more than seven (7) members and shall serve until their successors are appointed and qualified. (F) The term of any administrative board member shall be for a period of five (5) years. However, the initial appointment of any administrative board shall provide for the appointment of one (1) member for a one-year term, one (1) member for a two-year term, one (1) member for a three-year term, one (1) member for a four-year term, and the remaining member or members for a five-year term, thereby providing, except for county library boards with more than five (5) members, for the appointment of one (1) member annually thereafter. (3) Boards Generally. (A) No board member, either advisory or administrative, shall be appointed for more than two (2) consecutive terms. (B) All persons appointed to an advisory or administrative board shall be qualified electors of the county. A quorum court may prescribe by ordinance additional qualifications for appointment to a county administrative board. (C) All board members appointed to either an advisory or administrative board shall subscribe to the oath of office within ten (10) days from the date of appointment. Evidence of oath of office shall be filed with the county clerk. Failure to do so shall be deemed to constitute rejection of the office, and the county judge shall appoint a board member to fill the vacancy. (D) No member of a quorum court shall serve as a member of a county advisory or administrative board. (E) A person may be removed from a county board for cause by the county judge with confirmation by resolution of the quorum court. Written notification stating the causes for removal shall be provided to the board member prior to the date established for quorum court consideration of removal, and the board member shall be afforded the opportunity to meet with the quorum court in their deliberation of removal. (F) Appeals from removal of a county board member shall be directed to the circuit court of the respective county within thirty (30) days after the removal is confirmed by the quorum court.

(1) Advisory Boards. (A) An advisory board may be established to assist a county office, department, or subordinate service district. The advisory board may furnish advice, gather information, make recommendations, and perform other activities as may be prescribed by ordinance. A county advisory board shall not have the power to administer programs or set policy. (B) All advisory board members shall be appointed by the county judge. Confirmation of advisory board members by a quorum court shall not be required. (C) An advisory board may contain any number of members as may be provided by the ordinance creating the advisory board. (D) The term of all advisory board members shall not exceed three (3) years.

(A) An advisory board may be established to assist a county office, department, or subordinate service district. The advisory board may furnish advice, gather information, make recommendations, and perform other activities as may be prescribed by ordinance. A county advisory board shall not have the power to administer programs or set policy.

(B) All advisory board members shall be appointed by the county judge. Confirmation of advisory board members by a quorum court shall not be required.

(C) An advisory board may contain any number of members as may be provided by the ordinance creating the advisory board.

(D) The term of all advisory board members shall not exceed three (3) years.

(2) Administrative Boards. (A) Administrative boards may be established to exercise administrative powers granted by county ordinance, except that the board may not be authorized to pledge the credit of the county. The administrative board shall be a body politic and corporate, with power to contract and be contracted with and sue and be sued. As to actions of tort, the board shall be considered as an agency of the county government and occupy the same status as a county. No board member shall be liable in court individually for an act performed by him or her as a board member unless the damages caused thereby were the results of the board member's malicious acts. (B) No member of any administrative board shall be interested, either directly or indirectly, in any contract made with the administrative board. A violation of subdivision (2)(B) of this section shall be deemed a felony. (C) An administrative board may be assigned responsibility for a county department or a subordinate service district. (D) All administrative board members shall be appointed by the county judge. These appointments shall require confirmation by a quorum court. (E) An administrative board shall contain five (5) members. Provided, a county library board created after August 1, 1997, shall consist of not less than five (5) members nor more than seven (7) members and shall serve until their successors are appointed and qualified. (F) The term of any administrative board member shall be for a period of five (5) years. However, the initial appointment of any administrative board shall provide for the appointment of one (1) member for a one-year term, one (1) member for a two-year term, one (1) member for a three-year term, one (1) member for a four-year term, and the remaining member or members for a five-year term, thereby providing, except for county library boards with more than five (5) members, for the appointment of one (1) member annually thereafter.

(A) Administrative boards may be established to exercise administrative powers granted by county ordinance, except that the board may not be authorized to pledge the credit of the county. The administrative board shall be a body politic and corporate, with power to contract and be contracted with and sue and be sued. As to actions of tort, the board shall be considered as an agency of the county government and occupy the same status as a county. No board member shall be liable in court individually for an act performed by him or her as a board member unless the damages caused thereby were the results of the board member's malicious acts.

(B) No member of any administrative board shall be interested, either directly or indirectly, in any contract made with the administrative board. A violation of subdivision (2)(B) of this section shall be deemed a felony.

(C) An administrative board may be assigned responsibility for a county department or a subordinate service district.

(D) All administrative board members shall be appointed by the county judge. These appointments shall require confirmation by a quorum court.

(E) An administrative board shall contain five (5) members. Provided, a county library board created after August 1, 1997, shall consist of not less than five (5) members nor more than seven (7) members and shall serve until their successors are appointed and qualified.

(F) The term of any administrative board member shall be for a period of five (5) years. However, the initial appointment of any administrative board shall provide for the appointment of one (1) member for a one-year term, one (1) member for a two-year term, one (1) member for a three-year term, one (1) member for a four-year term, and the remaining member or members for a five-year term, thereby providing, except for county library boards with more than five (5) members, for the appointment of one (1) member annually thereafter.

(3) Boards Generally. (A) No board member, either advisory or administrative, shall be appointed for more than two (2) consecutive terms. (B) All persons appointed to an advisory or administrative board shall be qualified electors of the county. A quorum court may prescribe by ordinance additional qualifications for appointment to a county administrative board. (C) All board members appointed to either an advisory or administrative board shall subscribe to the oath of office within ten (10) days from the date of appointment. Evidence of oath of office shall be filed with the county clerk. Failure to do so shall be deemed to constitute rejection of the office, and the county judge shall appoint a board member to fill the vacancy. (D) No member of a quorum court shall serve as a member of a county advisory or administrative board. (E) A person may be removed from a county board for cause by the county judge with confirmation by resolution of the quorum court. Written notification stating the causes for removal shall be provided to the board member prior to the date established for quorum court consideration of removal, and the board member shall be afforded the opportunity to meet with the quorum court in their deliberation of removal. (F) Appeals from removal of a county board member shall be directed to the circuit court of the respective county within thirty (30) days after the removal is confirmed by the quorum court.

(A) No board member, either advisory or administrative, shall be appointed for more than two (2) consecutive terms.

(B) All persons appointed to an advisory or administrative board shall be qualified electors of the county. A quorum court may prescribe by ordinance additional qualifications for appointment to a county administrative board.

(C) All board members appointed to either an advisory or administrative board shall subscribe to the oath of office within ten (10) days from the date of appointment. Evidence of oath of office shall be filed with the county clerk. Failure to do so shall be deemed to constitute rejection of the office, and the county judge shall appoint a board member to fill the vacancy.

(D) No member of a quorum court shall serve as a member of a county advisory or administrative board.

(E) A person may be removed from a county board for cause by the county judge with confirmation by resolution of the quorum court. Written notification stating the causes for removal shall be provided to the board member prior to the date established for quorum court consideration of removal, and the board member shall be afforded the opportunity to meet with the quorum court in their deliberation of removal.

(F) Appeals from removal of a county board member shall be directed to the circuit court of the respective county within thirty (30) days after the removal is confirmed by the quorum court.

Acts 1977, No. 742, § 103; A.S.A. 1947, § 17-4106; Acts 1997, No. 359, § 1.
Ark. Code Ann. § 14-18-102 — AR Code / Title 14 / Chapter 18 / Section 14-18-102
Descriptions deemed legal
Status: in_force

The descriptions of the lands platted and recorded as set out in this chapter may be employed by any and all improvement districts for the purpose of assessing benefits for local improvements. These descriptions shall be legal descriptions in all deeds, mortgages, and other instruments relating to lands, or whereby the title to lands may be affected. Acts 1945, No. 56, § 3; A.S.A. 1947, § 17-1203.

The descriptions of the lands platted and recorded as set out in this chapter may be employed by any and all improvement districts for the purpose of assessing benefits for local improvements. These descriptions shall be legal descriptions in all deeds, mortgages, and other instruments relating to lands, or whereby the title to lands may be affected.

Acts 1945, No. 56, § 3; A.S.A. 1947, § 17-1203.