Ark. Code Ann. § 14-166-303 — AR Code / Title 14 / Chapter 166 / Subchapter 3 / Section 14-166-303
Rural Economic Development Initiative
Status: in_force

(a) (1) The Rural Economic Development Initiative is established to provide funds to planning and development districts for distribution to projects in rural areas to further rural economic development and revitalization. (2) (A) If funding permits, a planning and development district may apply to the Arkansas Economic Development Commission for funds to be distributed to projects under this subchapter located within the planning and development district. (B) The commission shall allocate funding available for the initiative so that the funds available to each of the eight (8) planning and development districts for the initiative are as equal as possible. (3) The commission shall not disburse funds to a project under this subchapter unless the disbursement for the project is approved by the Legislative Council. (b) (1) Each planning and development district shall employ staff necessary to support the initiative, including without limitation employing a Rural Economic Development Specialist whose primary tasks shall be to: (A) Lead a coordinated effort in each planning and development district regarding the initiative; (B) Promote and develop the initiative for the planning and development district; and (C) Assist in other efforts involving federal agencies and state agencies that could benefit rural areas. (2) (A) In addition to applying for projects under subsection (a) of this section, a planning and development district may apply to the commission for costs for necessary staff to support the initiative, including without limitation the staff costs for a Rural Economic Development Specialist. (B) A request for costs for necessary staff under subdivision (b)(2)(A) of this section may include without limitation the overhead costs associated with the necessary staff, including without limitation benefit expenses. (C) Costs for necessary staff under subdivision (b)(2)(A) of this section shall come from funds available for the initiative. (c) (1) Under the initiative, a planning and development district may apply to the commission for funding for one (1) or more projects within the district that will further rural economic development and revitalization. (2) Disbursement of initiative funds under this subchapter shall be limited to projects within rural areas. (3) No single project shall receive more than twenty-five percent (25%) of the funds allocated to one (1) of the eight (8) planning and development districts under subdivision (a)(2)(B) of this section. (4) Applications should include an economic development or workforce development component when possible. (5) The projects for which funds may be granted under this subchapter include without limitation: (A) Economic development activities by a local governmental unit or other political subdivision with committed industry partners, including without limitation: (i) Projects actively seeking to expand or develop new facilities within a local governmental unit or other political subdivision; (ii) Retaining or hiring individuals from the available labor force to contribute to the betterment of the community and its surroundings; and (iii) Projects that build upon and support the existing assets of a local governmental unit or other political subdivision as well as grow and nurture new industry segments; (B) Projects for conducting industry-driven job skills training or employment-related education with an emphasis on the use of existing public institutions located in the region by providing job training or employment-related education for a specific employer or industry sector to fill immediate job openings or retain current jobs as documented by the specific employer or industry sector; and (C) Disbursements to a local governmental unit or other political subdivision without a direct job creation or retention component if a strongly compelling case can be made that a long-term economic impact can be generated by the investment, including without limitation providing access to a previously inaccessible parcel of land to make it desirable for economic development purposes. (d) Recipients of funds allocated for the initiative may use the funds to match federal dollars for eligible projects. (e) The commission may promulgate rules necessary to implement this subchapter. Added by Act 2023, No. 746,§ 1, eff. 8/1/2023.

(a) (1) The Rural Economic Development Initiative is established to provide funds to planning and development districts for distribution to projects in rural areas to further rural economic development and revitalization. (2) (A) If funding permits, a planning and development district may apply to the Arkansas Economic Development Commission for funds to be distributed to projects under this subchapter located within the planning and development district. (B) The commission shall allocate funding available for the initiative so that the funds available to each of the eight (8) planning and development districts for the initiative are as equal as possible. (3) The commission shall not disburse funds to a project under this subchapter unless the disbursement for the project is approved by the Legislative Council.

(1) The Rural Economic Development Initiative is established to provide funds to planning and development districts for distribution to projects in rural areas to further rural economic development and revitalization.

(2) (A) If funding permits, a planning and development district may apply to the Arkansas Economic Development Commission for funds to be distributed to projects under this subchapter located within the planning and development district. (B) The commission shall allocate funding available for the initiative so that the funds available to each of the eight (8) planning and development districts for the initiative are as equal as possible.

(A) If funding permits, a planning and development district may apply to the Arkansas Economic Development Commission for funds to be distributed to projects under this subchapter located within the planning and development district.

(B) The commission shall allocate funding available for the initiative so that the funds available to each of the eight (8) planning and development districts for the initiative are as equal as possible.

(3) The commission shall not disburse funds to a project under this subchapter unless the disbursement for the project is approved by the Legislative Council.

(b) (1) Each planning and development district shall employ staff necessary to support the initiative, including without limitation employing a Rural Economic Development Specialist whose primary tasks shall be to: (A) Lead a coordinated effort in each planning and development district regarding the initiative; (B) Promote and develop the initiative for the planning and development district; and (C) Assist in other efforts involving federal agencies and state agencies that could benefit rural areas. (2) (A) In addition to applying for projects under subsection (a) of this section, a planning and development district may apply to the commission for costs for necessary staff to support the initiative, including without limitation the staff costs for a Rural Economic Development Specialist. (B) A request for costs for necessary staff under subdivision (b)(2)(A) of this section may include without limitation the overhead costs associated with the necessary staff, including without limitation benefit expenses. (C) Costs for necessary staff under subdivision (b)(2)(A) of this section shall come from funds available for the initiative.

(1) Each planning and development district shall employ staff necessary to support the initiative, including without limitation employing a Rural Economic Development Specialist whose primary tasks shall be to: (A) Lead a coordinated effort in each planning and development district regarding the initiative; (B) Promote and develop the initiative for the planning and development district; and (C) Assist in other efforts involving federal agencies and state agencies that could benefit rural areas.

(A) Lead a coordinated effort in each planning and development district regarding the initiative;

(B) Promote and develop the initiative for the planning and development district; and

(C) Assist in other efforts involving federal agencies and state agencies that could benefit rural areas.

(2) (A) In addition to applying for projects under subsection (a) of this section, a planning and development district may apply to the commission for costs for necessary staff to support the initiative, including without limitation the staff costs for a Rural Economic Development Specialist. (B) A request for costs for necessary staff under subdivision (b)(2)(A) of this section may include without limitation the overhead costs associated with the necessary staff, including without limitation benefit expenses. (C) Costs for necessary staff under subdivision (b)(2)(A) of this section shall come from funds available for the initiative.

(A) In addition to applying for projects under subsection (a) of this section, a planning and development district may apply to the commission for costs for necessary staff to support the initiative, including without limitation the staff costs for a Rural Economic Development Specialist.

(B) A request for costs for necessary staff under subdivision (b)(2)(A) of this section may include without limitation the overhead costs associated with the necessary staff, including without limitation benefit expenses.

(C) Costs for necessary staff under subdivision (b)(2)(A) of this section shall come from funds available for the initiative.

(c) (1) Under the initiative, a planning and development district may apply to the commission for funding for one (1) or more projects within the district that will further rural economic development and revitalization. (2) Disbursement of initiative funds under this subchapter shall be limited to projects within rural areas. (3) No single project shall receive more than twenty-five percent (25%) of the funds allocated to one (1) of the eight (8) planning and development districts under subdivision (a)(2)(B) of this section. (4) Applications should include an economic development or workforce development component when possible. (5) The projects for which funds may be granted under this subchapter include without limitation: (A) Economic development activities by a local governmental unit or other political subdivision with committed industry partners, including without limitation: (i) Projects actively seeking to expand or develop new facilities within a local governmental unit or other political subdivision; (ii) Retaining or hiring individuals from the available labor force to contribute to the betterment of the community and its surroundings; and (iii) Projects that build upon and support the existing assets of a local governmental unit or other political subdivision as well as grow and nurture new industry segments; (B) Projects for conducting industry-driven job skills training or employment-related education with an emphasis on the use of existing public institutions located in the region by providing job training or employment-related education for a specific employer or industry sector to fill immediate job openings or retain current jobs as documented by the specific employer or industry sector; and (C) Disbursements to a local governmental unit or other political subdivision without a direct job creation or retention component if a strongly compelling case can be made that a long-term economic impact can be generated by the investment, including without limitation providing access to a previously inaccessible parcel of land to make it desirable for economic development purposes.

(1) Under the initiative, a planning and development district may apply to the commission for funding for one (1) or more projects within the district that will further rural economic development and revitalization.

(2) Disbursement of initiative funds under this subchapter shall be limited to projects within rural areas.

(3) No single project shall receive more than twenty-five percent (25%) of the funds allocated to one (1) of the eight (8) planning and development districts under subdivision (a)(2)(B) of this section.

(4) Applications should include an economic development or workforce development component when possible.

(5) The projects for which funds may be granted under this subchapter include without limitation: (A) Economic development activities by a local governmental unit or other political subdivision with committed industry partners, including without limitation: (i) Projects actively seeking to expand or develop new facilities within a local governmental unit or other political subdivision; (ii) Retaining or hiring individuals from the available labor force to contribute to the betterment of the community and its surroundings; and (iii) Projects that build upon and support the existing assets of a local governmental unit or other political subdivision as well as grow and nurture new industry segments; (B) Projects for conducting industry-driven job skills training or employment-related education with an emphasis on the use of existing public institutions located in the region by providing job training or employment-related education for a specific employer or industry sector to fill immediate job openings or retain current jobs as documented by the specific employer or industry sector; and (C) Disbursements to a local governmental unit or other political subdivision without a direct job creation or retention component if a strongly compelling case can be made that a long-term economic impact can be generated by the investment, including without limitation providing access to a previously inaccessible parcel of land to make it desirable for economic development purposes.

(A) Economic development activities by a local governmental unit or other political subdivision with committed industry partners, including without limitation: (i) Projects actively seeking to expand or develop new facilities within a local governmental unit or other political subdivision; (ii) Retaining or hiring individuals from the available labor force to contribute to the betterment of the community and its surroundings; and (iii) Projects that build upon and support the existing assets of a local governmental unit or other political subdivision as well as grow and nurture new industry segments;

(i) Projects actively seeking to expand or develop new facilities within a local governmental unit or other political subdivision;

(ii) Retaining or hiring individuals from the available labor force to contribute to the betterment of the community and its surroundings; and

(iii) Projects that build upon and support the existing assets of a local governmental unit or other political subdivision as well as grow and nurture new industry segments;

(B) Projects for conducting industry-driven job skills training or employment-related education with an emphasis on the use of existing public institutions located in the region by providing job training or employment-related education for a specific employer or industry sector to fill immediate job openings or retain current jobs as documented by the specific employer or industry sector; and

(C) Disbursements to a local governmental unit or other political subdivision without a direct job creation or retention component if a strongly compelling case can be made that a long-term economic impact can be generated by the investment, including without limitation providing access to a previously inaccessible parcel of land to make it desirable for economic development purposes.

(d) Recipients of funds allocated for the initiative may use the funds to match federal dollars for eligible projects.

(e) The commission may promulgate rules necessary to implement this subchapter.

Added by Act 2023, No. 746,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-169-103 — AR Code / Title 14 / Chapter 169 / Subchapter 1 / Section 14-169-103
Appointment and meetings of commissioners
Status: in_force

Nothing contained in the Housing Authorities Act or the Supplemental Housing Authorities Act shall be construed to prevent meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project, or to prevent the appointment of any person as a commissioner of the authority who resides within such boundaries or additional area and who is otherwise eligible for appointment under these statutes. Acts 1943, No. 280, § 10; A.S.A. 1947, § 19-3050.

Nothing contained in the Housing Authorities Act or the Supplemental Housing Authorities Act shall be construed to prevent meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project, or to prevent the appointment of any person as a commissioner of the authority who resides within such boundaries or additional area and who is otherwise eligible for appointment under these statutes.

Acts 1943, No. 280, § 10; A.S.A. 1947, § 19-3050.
Ark. Code Ann. § 14-117-419 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-419
Records and reports
Status: in_force

(a) The board shall also keep the original itemized bills and accounts of all financial transactions and all warrants which have been paid. Each warrant shall state on its face the service for which it was rendered, the person to whom paid, and the amount of the warrant. (b) On or before March 1 of each year, the board shall file with the circuit or chancery clerk a sworn statement of the financial condition of the district, to cover the year ending on December 31 preceding. The report shall contain, among other things: (1) A statement of the cash on hand as of January 1 of the year for which the report is made, together with all other assets of the district; (2) The total receipts for the preceding year; (3) The disbursements for administration, construction, and maintenance of bonds redeemed, and for interest paid on outstanding bonds; and (4) Interest due on outstanding bonds, together with all other indebtedness of the district. (c) In districts with revenues, from whatever source derived, in excess of five thousand dollars ($5,000) per year, the books, records, and last annual report of the district shall be examined at least one (1) time a year by a certified public accountant. The accountant shall file a report of the examination with the circuit or chancery clerk within thirty (30) days after completing the examination. (d) The accountant shall recommend the form and methods for keeping books and records and for making the reports of the district. (e) The expense of the examination shall be paid as a part of the expenses of the district. (f) All accounts of the district shall be open for inspection by any person lawfully entitled to inspect them. (g) The failure of any of the officials named in this section to perform the duties and acts required herein shall be a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. For the making of a false or fraudulent report, the person so making shall be guilty of perjury and punished accordingly. Acts 1949, No. 329, § 26; A.S.A. 1947, § 21-926; Acts 1987, No. 472, § 2.

(a) The board shall also keep the original itemized bills and accounts of all financial transactions and all warrants which have been paid. Each warrant shall state on its face the service for which it was rendered, the person to whom paid, and the amount of the warrant.

(b) On or before March 1 of each year, the board shall file with the circuit or chancery clerk a sworn statement of the financial condition of the district, to cover the year ending on December 31 preceding. The report shall contain, among other things: (1) A statement of the cash on hand as of January 1 of the year for which the report is made, together with all other assets of the district; (2) The total receipts for the preceding year; (3) The disbursements for administration, construction, and maintenance of bonds redeemed, and for interest paid on outstanding bonds; and (4) Interest due on outstanding bonds, together with all other indebtedness of the district.

(1) A statement of the cash on hand as of January 1 of the year for which the report is made, together with all other assets of the district;

(2) The total receipts for the preceding year;

(3) The disbursements for administration, construction, and maintenance of bonds redeemed, and for interest paid on outstanding bonds; and

(4) Interest due on outstanding bonds, together with all other indebtedness of the district.

(c) In districts with revenues, from whatever source derived, in excess of five thousand dollars ($5,000) per year, the books, records, and last annual report of the district shall be examined at least one (1) time a year by a certified public accountant. The accountant shall file a report of the examination with the circuit or chancery clerk within thirty (30) days after completing the examination.

(d) The accountant shall recommend the form and methods for keeping books and records and for making the reports of the district.

(e) The expense of the examination shall be paid as a part of the expenses of the district.

(f) All accounts of the district shall be open for inspection by any person lawfully entitled to inspect them.

(g) The failure of any of the officials named in this section to perform the duties and acts required herein shall be a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. For the making of a false or fraudulent report, the person so making shall be guilty of perjury and punished accordingly.

Acts 1949, No. 329, § 26; A.S.A. 1947, § 21-926; Acts 1987, No. 472, § 2.
Ark. Code Ann. § 14-317-111 — AR Code / Title 14 / Chapter 317 / Section 14-317-111
Depository
Status: in_force

The board shall select some solvent bank or trust company as the depository of its funds, exacting of the depository a bond in an amount equal to the amount of money likely to come into its hands. Acts 1955, No. 367, § 3; A.S.A. 1947, § 20-1203.

The board shall select some solvent bank or trust company as the depository of its funds, exacting of the depository a bond in an amount equal to the amount of money likely to come into its hands.

Acts 1955, No. 367, § 3; A.S.A. 1947, § 20-1203.
Ark. Code Ann. § 14-361-118 — AR Code / Title 14 / Chapter 361 / Section 14-361-118
Joint operations - Authorization
Status: in_force

(a) (1) For the purposes of this section and §§ 14-361-119 - 14-361-122 , unless the context otherwise requires, the term "public agency" includes municipality, as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision, and agency of another state; and (2) The term "governing body" means the governing body of the municipality, and the head of the agency if the public agency is other than a municipality. (b) (1) All powers, privileges, and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. (2) If not otherwise authorized by law, any agency of the state government, when acting jointly with any municipality, may exercise and enjoy all of the powers, privileges, and authority conferred by this chapter upon a municipality. Acts 1953, No. 128, § 14; A.S.A. 1947, § 74-614.

(a) (1) For the purposes of this section and §§ 14-361-119 - 14-361-122 , unless the context otherwise requires, the term "public agency" includes municipality, as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision, and agency of another state; and (2) The term "governing body" means the governing body of the municipality, and the head of the agency if the public agency is other than a municipality.

(1) For the purposes of this section and §§ 14-361-119 - 14-361-122 , unless the context otherwise requires, the term "public agency" includes municipality, as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision, and agency of another state; and

(2) The term "governing body" means the governing body of the municipality, and the head of the agency if the public agency is other than a municipality.

(b) (1) All powers, privileges, and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. (2) If not otherwise authorized by law, any agency of the state government, when acting jointly with any municipality, may exercise and enjoy all of the powers, privileges, and authority conferred by this chapter upon a municipality.

(1) All powers, privileges, and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment.

(2) If not otherwise authorized by law, any agency of the state government, when acting jointly with any municipality, may exercise and enjoy all of the powers, privileges, and authority conferred by this chapter upon a municipality.

Acts 1953, No. 128, § 14; A.S.A. 1947, § 74-614.
Ark. Code Ann. § 14-318-103 — AR Code / Title 14 / Chapter 318 / Section 14-318-103
Petition by landowners
Status: in_force

When a petition, signed by ten (10) owners of real property within the limits of a district proposed to be organized for the purpose of procuring a right-of-way for any highway, viaduct, or underpass which the Government of the United States, or any of its agencies, proposes to construct and for the purpose of paying the damages caused by such improvement, the petition describing the property which will be benefited by the making of the improvement, is presented to the county court or county judge, it shall be the duty of the county court to meet immediately and to enter an order upon its record, reciting the filing of the petition and fixing a day for hearing of those who favor the formation of the district and those opposed thereto. Acts 1938 (Ex. Sess.), No. 23, § 1; A.S.A. 1947, § 76-1401.

When a petition, signed by ten (10) owners of real property within the limits of a district proposed to be organized for the purpose of procuring a right-of-way for any highway, viaduct, or underpass which the Government of the United States, or any of its agencies, proposes to construct and for the purpose of paying the damages caused by such improvement, the petition describing the property which will be benefited by the making of the improvement, is presented to the county court or county judge, it shall be the duty of the county court to meet immediately and to enter an order upon its record, reciting the filing of the petition and fixing a day for hearing of those who favor the formation of the district and those opposed thereto.

Acts 1938 (Ex. Sess.), No. 23, § 1; A.S.A. 1947, § 76-1401.
Ark. Code Ann. § 14-56-405 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-405
Appointment of members
Status: in_force

(a) Appointment and terms of the members of the planning commission shall be as provided by city ordinance. (b) The legislative body of the municipality may appoint one-third (1/3) of the membership of the commission from electors living outside the corporate limits of the municipality but within the recorded planning jurisdiction of the municipality. Acts 1957, No. 186, § 2; A.S.A. 1947, § 19-2826; Acts 2005, No. 901, § 1.

(a) Appointment and terms of the members of the planning commission shall be as provided by city ordinance.

(b) The legislative body of the municipality may appoint one-third (1/3) of the membership of the commission from electors living outside the corporate limits of the municipality but within the recorded planning jurisdiction of the municipality.

Acts 1957, No. 186, § 2; A.S.A. 1947, § 19-2826; Acts 2005, No. 901, § 1.
Ark. Code Ann. § 14-167-215 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-215
Refunding bonds
Status: in_force

(a) (1) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter. (2) Refunding bonds may be combined with bonds issued under the provisions of §§ 14-167-207 - 14-167-213 into a single issue. (b) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement of them. (c) (1) All bonds issued under this section shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds. (2) The ordinance under which refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded by them. Acts 1981, No. 53, § 8; A.S.A. 1947, § 13-2408.

(a) (1) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter. (2) Refunding bonds may be combined with bonds issued under the provisions of §§ 14-167-207 - 14-167-213 into a single issue.

(1) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter.

(2) Refunding bonds may be combined with bonds issued under the provisions of §§ 14-167-207 - 14-167-213 into a single issue.

(b) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement of them.

(1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.

(2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement of them.

(c) (1) All bonds issued under this section shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds. (2) The ordinance under which refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded by them.

(1) All bonds issued under this section shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.

(2) The ordinance under which refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded by them.

Acts 1981, No. 53, § 8; A.S.A. 1947, § 13-2408.
Ark. Code Ann. § 14-169-218 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-218
Financing of project
Status: in_force

A housing authority shall have the power to: (1) Purchase promissory notes, and the mortgages or trust deeds securing them, issued by any builder or developer engaged in constructing dwelling units to be sold or leased to the authority as part of any housing project; (2) Make loans to any such builder or developer in order to aid in financing any housing project; and (3) Issue its bonds for any such purpose. Acts 1937, No. 298, § 8; Pope's Dig., § 10066; Acts 1971, No. 294, § 1; A.S.A. 1947, § 19-3011.

A housing authority shall have the power to:

(1) Purchase promissory notes, and the mortgages or trust deeds securing them, issued by any builder or developer engaged in constructing dwelling units to be sold or leased to the authority as part of any housing project;

(2) Make loans to any such builder or developer in order to aid in financing any housing project; and

(3) Issue its bonds for any such purpose.

Acts 1937, No. 298, § 8; Pope's Dig., § 10066; Acts 1971, No. 294, § 1; A.S.A. 1947, § 19-3011.
Ark. Code Ann. § 14-121-605 — AR Code / Title 14 / Chapter 121 / Subchapter 6 / Section 14-121-605
Commissioners of separate districts
Status: in_force

(a) The county court shall appoint three (3) owners of real property within the boundaries of the separate district as commissioners thereof. (b) Each commissioner shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will not be directly or indirectly interested in any contract made by the board. (c) Any commissioner failing to take the oath within thirty (30) days after his appointment shall be deemed to have declined to act, and his place shall be filled by the county court of that county. (d) All vacancies on the board shall be filled by the county court, or the judge thereof in vacation, but if a majority in value of the owners of real property in the subdistrict shall petition for the appointment of a particular person or persons as commissioners, it shall be the duty of the county court to appoint the person or persons so designated. (e) The board shall select one (1) of their number as chairman, and a majority shall constitute a quorum. (f) The county court shall remove any member of the board on petition of a majority in value of the owners of real property in the district. Acts 1947, No. 371, § 4; A.S.A. 1947, § 21-580.

(a) The county court shall appoint three (3) owners of real property within the boundaries of the separate district as commissioners thereof.

(b) Each commissioner shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will not be directly or indirectly interested in any contract made by the board.

(c) Any commissioner failing to take the oath within thirty (30) days after his appointment shall be deemed to have declined to act, and his place shall be filled by the county court of that county.

(d) All vacancies on the board shall be filled by the county court, or the judge thereof in vacation, but if a majority in value of the owners of real property in the subdistrict shall petition for the appointment of a particular person or persons as commissioners, it shall be the duty of the county court to appoint the person or persons so designated.

(e) The board shall select one (1) of their number as chairman, and a majority shall constitute a quorum.

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

Acts 1947, No. 371, § 4; A.S.A. 1947, § 21-580.
Ark. Code Ann. § 14-205-107 — AR Code / Title 14 / Chapter 205 / Section 14-205-107
Amounts of bonds
Status: in_force

The bonds shall be issued in whatever amounts may be necessary to provide sufficient funds to pay all costs of construction, including engineering, legal, and other expenses, together with interest on the bonds themselves to date six (6) months subsequent to the estimated date of completion of the construction. Acts 1949, No. 71, § 5; A.S.A. 1947, § 19-4805.

The bonds shall be issued in whatever amounts may be necessary to provide sufficient funds to pay all costs of construction, including engineering, legal, and other expenses, together with interest on the bonds themselves to date six (6) months subsequent to the estimated date of completion of the construction.

Acts 1949, No. 71, § 5; A.S.A. 1947, § 19-4805.
Ark. Code Ann. § 14-184-115 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-115
Powers of improvement district generally
Status: in_force

A central business improvement district has all powers necessary or desirable to undertake and carry out all parts of the planned improvement, including without limitation: (1) Existence as a body corporate, having the power to sue and to be sued and to contract in its name; (2) To own, acquire, improve, operate, maintain, sell, lease as lessor or lessee, and contract concerning, or otherwise deal in or dispose of, any and all real and personal property necessary or desirable for the accomplishment of the plan; (3) To do all of the following: (A) Acquire, construct, install, operate, maintain, and contract regarding: (i) Pedestrian or shopping malls; (ii) Plazas; (iii) Sidewalks or moving sidewalks; (iv) Parks; (v) Parking lots; (vi) Parking garages; (vii) Offices; (viii) Urban residential facilities, including without limitation apartments, condominiums, hotels, motels, convention halls, rooms, and related facilities, and buildings and structures to contain any of these facilities; (ix) Bus stop shelters; (x) Decorative lighting; (xi) Benches or other seating furniture; (xii) Sculptures; (xiii) Telephone booths; (xiv) Traffic signs; (xv) Fire hydrants; (xvi) Kiosks; (xvii) Trash receptacles; (xviii) Marquees, awnings, or canopies; (xix) Walls and barriers; (xx) Paintings or murals; (xxi) Alleys; (xxii) Shelters; (xxiii) Display cases; (xxiv) Fountains; (xxv) Childcare facilities; (xxvi) Restrooms; (xxvii) Information booths; (xxviii) Aquariums or aviaries; (xxix) Tunnels and ramps; and (xxx) Pedestrian and vehicular overpasses and underpasses; (B) Acquire airspace for and construct pedestrian walkways through buildings; and (C) Construct every other useful, necessary, or desired facility or improvement that may secure and develop industry and be conducive to improved economic activity within the district; (4) To landscape and plant trees, bushes and shrubbery, grass, flowers, and each and every other kind of decorative planting; (5) To install and operate or to lease public music and news facilities; (6) To acquire and operate buses, minibuses, mobile benches, and other modes of transportation; (7) To construct and operate childcare facilities; (8) To acquire air rights for and to construct, operate, and maintain pedestrian overpasses, vehicular overpasses, public restaurants or other facilities within the air rights, to establish, operate, and maintain other restaurants or public eating facilities within the district, and to lease space within the district for sidewalk cafe tables and chairs; (9) To construct lakes, dams, and waterways of whatever size; (10) To employ and provide special police facilities and personnel for the protection and enjoyment of the property owners and the general public using the facilities of the district; (11) To employ such persons as are necessary to procure such equipment as may be required to maintain the streets, alleys, malls, bridges, ramps, tunnels, lawns, trees, and decorative planting of each and every nature, and every structure or object of any nature whatsoever constructed or operated by the district; (12) To grant permits for newsstands, sidewalk cafes, and every other useful and desired private usage of public or private property; (13) To prohibit or restrict vehicular traffic on the streets within the district as the governing body may deem necessary and to provide the means for access by emergency vehicles to or in these areas; (14) To acquire, construct, reconstruct, extend, maintain, operate, repair, or lease to others for public use parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install these facilities in public and private areas, whether these areas are owned in fee simple, by easement, or by leasehold, with the approval and authority of the governing body, and, where desirable, to exchange property in kind by negotiations with private owners in the acquisition of property and property rights for the public purposes contemplated by this subchapter; (15) By agreement or by the exercise of the power of eminent domain: (A) To remove any existing structures or signs of any description in the district not conforming to the plan of improvement; and (B) To require utilities servicing the district to lay such pipe, extend such wires, provide such facilities, or conform, modify, or remove existing facilities to effectuate the plan of improvement for the district; (16) To provide services for the improvement and operation of the district, including without limitation: (A) Promotion and marketing; (B) Advertising; (C) Health and sanitation; (D) Public safety; (E) Security; (F) Traffic and parking improvements; (G) Recreation; (H) Cultural enhancement; (I) Consultation regarding planning, management, and development activities; (J) Maintenance of improvements; (K) Activities in support of business or residential recruitment, retention, or management development; (L) Aesthetic improvements, including the decoration, restoration, or renovation of any public place or building facade and exterior in public view that confers a public benefit; (M) Furnishing music in any public place; (N) Special event and festival management; (O) Professional management, planning, and promotion of the district; (P) Stabilization, maintenance, rehabilitation, and adaptive reuse of historic buildings; and (Q) Design assistance; and (17) To do everything necessary or desirable to effectuate the plan of improvement for the district. Amended by Act 2019, No. 383,§ 22, eff. 7/24/2019. Amended by Act 2019, No. 383,§ 21, eff. 7/24/2019. Amended by Act 2019, No. 383,§ 20, eff. 7/24/2019. Acts 1973, No. 162, § 14; 1975, No. 402, § 5; A.S.A. 1947, § 20-1613; Acts 2007, No. 517, § 3.

A central business improvement district has all powers necessary or desirable to undertake and carry out all parts of the planned improvement, including without limitation:

(1) Existence as a body corporate, having the power to sue and to be sued and to contract in its name;

(2) To own, acquire, improve, operate, maintain, sell, lease as lessor or lessee, and contract concerning, or otherwise deal in or dispose of, any and all real and personal property necessary or desirable for the accomplishment of the plan;

(3) To do all of the following: (A) Acquire, construct, install, operate, maintain, and contract regarding: (i) Pedestrian or shopping malls; (ii) Plazas; (iii) Sidewalks or moving sidewalks; (iv) Parks; (v) Parking lots; (vi) Parking garages; (vii) Offices; (viii) Urban residential facilities, including without limitation apartments, condominiums, hotels, motels, convention halls, rooms, and related facilities, and buildings and structures to contain any of these facilities; (ix) Bus stop shelters; (x) Decorative lighting; (xi) Benches or other seating furniture; (xii) Sculptures; (xiii) Telephone booths; (xiv) Traffic signs; (xv) Fire hydrants; (xvi) Kiosks; (xvii) Trash receptacles; (xviii) Marquees, awnings, or canopies; (xix) Walls and barriers; (xx) Paintings or murals; (xxi) Alleys; (xxii) Shelters; (xxiii) Display cases; (xxiv) Fountains; (xxv) Childcare facilities; (xxvi) Restrooms; (xxvii) Information booths; (xxviii) Aquariums or aviaries; (xxix) Tunnels and ramps; and (xxx) Pedestrian and vehicular overpasses and underpasses; (B) Acquire airspace for and construct pedestrian walkways through buildings; and (C) Construct every other useful, necessary, or desired facility or improvement that may secure and develop industry and be conducive to improved economic activity within the district;

(A) Acquire, construct, install, operate, maintain, and contract regarding: (i) Pedestrian or shopping malls; (ii) Plazas; (iii) Sidewalks or moving sidewalks; (iv) Parks; (v) Parking lots; (vi) Parking garages; (vii) Offices; (viii) Urban residential facilities, including without limitation apartments, condominiums, hotels, motels, convention halls, rooms, and related facilities, and buildings and structures to contain any of these facilities; (ix) Bus stop shelters; (x) Decorative lighting; (xi) Benches or other seating furniture; (xii) Sculptures; (xiii) Telephone booths; (xiv) Traffic signs; (xv) Fire hydrants; (xvi) Kiosks; (xvii) Trash receptacles; (xviii) Marquees, awnings, or canopies; (xix) Walls and barriers; (xx) Paintings or murals; (xxi) Alleys; (xxii) Shelters; (xxiii) Display cases; (xxiv) Fountains; (xxv) Childcare facilities; (xxvi) Restrooms; (xxvii) Information booths; (xxviii) Aquariums or aviaries; (xxix) Tunnels and ramps; and (xxx) Pedestrian and vehicular overpasses and underpasses;

(i) Pedestrian or shopping malls;

(ii) Plazas;

(iii) Sidewalks or moving sidewalks;

(iv) Parks;

(v) Parking lots;

(vi) Parking garages;

(vii) Offices;

(viii) Urban residential facilities, including without limitation apartments, condominiums, hotels, motels, convention halls, rooms, and related facilities, and buildings and structures to contain any of these facilities;

(ix) Bus stop shelters;

(x) Decorative lighting;

(xi) Benches or other seating furniture;

(xii) Sculptures;

(xiii) Telephone booths;

(xiv) Traffic signs;

(xv) Fire hydrants;

(xvi) Kiosks;

(xvii) Trash receptacles;

(xviii) Marquees, awnings, or canopies;

(xix) Walls and barriers;

(xx) Paintings or murals;

(xxi) Alleys;

(xxii) Shelters;

(xxiii) Display cases;

(xxiv) Fountains;

(xxv) Childcare facilities;

(xxvi) Restrooms;

(xxvii) Information booths;

(xxviii) Aquariums or aviaries;

(xxix) Tunnels and ramps; and

(xxx) Pedestrian and vehicular overpasses and underpasses;

(B) Acquire airspace for and construct pedestrian walkways through buildings; and

(C) Construct every other useful, necessary, or desired facility or improvement that may secure and develop industry and be conducive to improved economic activity within the district;

(4) To landscape and plant trees, bushes and shrubbery, grass, flowers, and each and every other kind of decorative planting;

(5) To install and operate or to lease public music and news facilities;

(6) To acquire and operate buses, minibuses, mobile benches, and other modes of transportation;

(7) To construct and operate childcare facilities;

(8) To acquire air rights for and to construct, operate, and maintain pedestrian overpasses, vehicular overpasses, public restaurants or other facilities within the air rights, to establish, operate, and maintain other restaurants or public eating facilities within the district, and to lease space within the district for sidewalk cafe tables and chairs;

(9) To construct lakes, dams, and waterways of whatever size;

(10) To employ and provide special police facilities and personnel for the protection and enjoyment of the property owners and the general public using the facilities of the district;

(11) To employ such persons as are necessary to procure such equipment as may be required to maintain the streets, alleys, malls, bridges, ramps, tunnels, lawns, trees, and decorative planting of each and every nature, and every structure or object of any nature whatsoever constructed or operated by the district;

(12) To grant permits for newsstands, sidewalk cafes, and every other useful and desired private usage of public or private property;

(13) To prohibit or restrict vehicular traffic on the streets within the district as the governing body may deem necessary and to provide the means for access by emergency vehicles to or in these areas;

(14) To acquire, construct, reconstruct, extend, maintain, operate, repair, or lease to others for public use parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install these facilities in public and private areas, whether these areas are owned in fee simple, by easement, or by leasehold, with the approval and authority of the governing body, and, where desirable, to exchange property in kind by negotiations with private owners in the acquisition of property and property rights for the public purposes contemplated by this subchapter;

(15) By agreement or by the exercise of the power of eminent domain: (A) To remove any existing structures or signs of any description in the district not conforming to the plan of improvement; and (B) To require utilities servicing the district to lay such pipe, extend such wires, provide such facilities, or conform, modify, or remove existing facilities to effectuate the plan of improvement for the district;

(A) To remove any existing structures or signs of any description in the district not conforming to the plan of improvement; and

(B) To require utilities servicing the district to lay such pipe, extend such wires, provide such facilities, or conform, modify, or remove existing facilities to effectuate the plan of improvement for the district;

(16) To provide services for the improvement and operation of the district, including without limitation: (A) Promotion and marketing; (B) Advertising; (C) Health and sanitation; (D) Public safety; (E) Security; (F) Traffic and parking improvements; (G) Recreation; (H) Cultural enhancement; (I) Consultation regarding planning, management, and development activities; (J) Maintenance of improvements; (K) Activities in support of business or residential recruitment, retention, or management development; (L) Aesthetic improvements, including the decoration, restoration, or renovation of any public place or building facade and exterior in public view that confers a public benefit; (M) Furnishing music in any public place; (N) Special event and festival management; (O) Professional management, planning, and promotion of the district; (P) Stabilization, maintenance, rehabilitation, and adaptive reuse of historic buildings; and (Q) Design assistance; and

(A) Promotion and marketing;

(B) Advertising;

(C) Health and sanitation;

(D) Public safety;

(E) Security;

(F) Traffic and parking improvements;

(G) Recreation;

(H) Cultural enhancement;

(I) Consultation regarding planning, management, and development activities;

(J) Maintenance of improvements;

(K) Activities in support of business or residential recruitment, retention, or management development;

(L) Aesthetic improvements, including the decoration, restoration, or renovation of any public place or building facade and exterior in public view that confers a public benefit;

(M) Furnishing music in any public place;

(N) Special event and festival management;

(O) Professional management, planning, and promotion of the district;

(P) Stabilization, maintenance, rehabilitation, and adaptive reuse of historic buildings; and

(Q) Design assistance; and

(17) To do everything necessary or desirable to effectuate the plan of improvement for the district.

Amended by Act 2019, No. 383,§ 22, eff. 7/24/2019.

Amended by Act 2019, No. 383,§ 21, eff. 7/24/2019.

Amended by Act 2019, No. 383,§ 20, eff. 7/24/2019.

Acts 1973, No. 162, § 14; 1975, No. 402, § 5; A.S.A. 1947, § 20-1613; Acts 2007, No. 517, § 3.
Ark. Code Ann. § 14-86-2205 — AR Code / Title 14 / Chapter 86 / Subchapter 22 / Section 14-86-2205
Minimum standards for water and sewer improvements made by districts - Rules
Status: in_force

(a) The Department of Health shall promulgate rules that establish minimum standards for water and sewer improvements made by districts under this subchapter. (b) (1) The department shall promulgate rules necessary to implement this section. (2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The department shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020. Amended by Act 2019, No. 708,§ 1, eff. 7/24/2019.

(a) The Department of Health shall promulgate rules that establish minimum standards for water and sewer improvements made by districts under this subchapter.

(b) (1) The department shall promulgate rules necessary to implement this section. (2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The department shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(1) The department shall promulgate rules necessary to implement this section.

(2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The department shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(i) On or before January 1, 2020; or

(ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(B) The department shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

Amended by Act 2019, No. 708,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 14-164-216 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-216
Bonds - Priority among issues
Status: in_force

Priority between and among issues and successive issues as to security of the pledge of revenues and mortgage liens on the land, buildings, and facilities involved may be controlled by the ordinance or order authorizing the issuance of bonds under this subchapter. Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1981, No. 4, § 2; A.S.A. 1947, § 13-1605.

Priority between and among issues and successive issues as to security of the pledge of revenues and mortgage liens on the land, buildings, and facilities involved may be controlled by the ordinance or order authorizing the issuance of bonds under this subchapter.

Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1981, No. 4, § 2; A.S.A. 1947, § 13-1605.
Ark. Code Ann. § 14-144-206 — AR Code / Title 14 / Chapter 144 / Subchapter 2 / Section 14-144-206
Condemnation petition - Notice
Status: in_force

(a) A research park authority may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated to have the compensation determined, giving the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard. (b) (1) If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which any part of the property may be located. (2) The proceedings had in the circuit court shall apply to all of the property described in the petition. (c) (1) (A) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by registered or certified mail, return receipt requested, addressed to the last known address of the owner, and by publication in any newspaper in the county that is authorized by law to publish legal notices. (B) This notice shall be published for the same length of time as may be required in other civil causes. (2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice of the petition shall be posted on the door of the county courthouse. (d) (1) The condemnation petition shall describe the lands and property sought. (2) When the immediate possession of lands and property is sought to be obtained, the research park authority may file a declaration of taking under this chapter at any time before judgment or together with the condemnation petition. Acts 2007, No. 1045, § 1.

(a) A research park authority may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated to have the compensation determined, giving the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard.

(b) (1) If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which any part of the property may be located. (2) The proceedings had in the circuit court shall apply to all of the property described in the petition.

(1) If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which any part of the property may be located.

(2) The proceedings had in the circuit court shall apply to all of the property described in the petition.

(c) (1) (A) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by registered or certified mail, return receipt requested, addressed to the last known address of the owner, and by publication in any newspaper in the county that is authorized by law to publish legal notices. (B) This notice shall be published for the same length of time as may be required in other civil causes. (2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice of the petition shall be posted on the door of the county courthouse.

(1) (A) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by registered or certified mail, return receipt requested, addressed to the last known address of the owner, and by publication in any newspaper in the county that is authorized by law to publish legal notices. (B) This notice shall be published for the same length of time as may be required in other civil causes.

(A) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by registered or certified mail, return receipt requested, addressed to the last known address of the owner, and by publication in any newspaper in the county that is authorized by law to publish legal notices.

(B) This notice shall be published for the same length of time as may be required in other civil causes.

(2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice of the petition shall be posted on the door of the county courthouse.

(d) (1) The condemnation petition shall describe the lands and property sought. (2) When the immediate possession of lands and property is sought to be obtained, the research park authority may file a declaration of taking under this chapter at any time before judgment or together with the condemnation petition.

(1) The condemnation petition shall describe the lands and property sought.

(2) When the immediate possession of lands and property is sought to be obtained, the research park authority may file a declaration of taking under this chapter at any time before judgment or together with the condemnation petition.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-117-418 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-418
Default in bond payment
Status: in_force

(a) If any bond, or interest coupon on any bond, issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of the circuit or chancery court of the proper county, on the application of any holder of a bond or interest coupon so overdue, to order the collection of the taxes as provided in § 14-117-417 . At its discretion, the court may appoint a receiver therefor. (b) The proceeds of the taxes and collections shall be applied, after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by the board which are then due and payable. (c) The board or receiver may be directed by suit to foreclose the lien of the taxes on the lands. (d) Suits so brought by a receiver shall be conducted in all matters as suits by the board, as provided in §§ 14-117-423 - 14-117-426 , and with like effect. (e) The decrees and deeds herein shall have the same presumptions in their favor. (f) However, when all such sums have been paid, the receiver shall be discharged, and the affairs of the district shall be conducted by the board as provided in this subchapter. Acts 1949, No. 329, § 25; A.S.A. 1947, § 21-925.

(a) If any bond, or interest coupon on any bond, issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of the circuit or chancery court of the proper county, on the application of any holder of a bond or interest coupon so overdue, to order the collection of the taxes as provided in § 14-117-417 . At its discretion, the court may appoint a receiver therefor.

(b) The proceeds of the taxes and collections shall be applied, after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by the board which are then due and payable.

(c) The board or receiver may be directed by suit to foreclose the lien of the taxes on the lands.

(d) Suits so brought by a receiver shall be conducted in all matters as suits by the board, as provided in §§ 14-117-423 - 14-117-426 , and with like effect.

(e) The decrees and deeds herein shall have the same presumptions in their favor.

(f) However, when all such sums have been paid, the receiver shall be discharged, and the affairs of the district shall be conducted by the board as provided in this subchapter.

Acts 1949, No. 329, § 25; A.S.A. 1947, § 21-925.
Ark. Code Ann. § 14-50-204 — AR Code / Title 14 / Chapter 50 / Subchapter 2 / Section 14-50-204
Chair of commission
Status: in_force

The chair of the civil service commission for each biennial period shall be the member whose term of office first expires. Acts 1963, No. 221, § 3; A.S.A. 1947, § 19-1421.

The chair of the civil service commission for each biennial period shall be the member whose term of office first expires.

Acts 1963, No. 221, § 3; A.S.A. 1947, § 19-1421.
Ark. Code Ann. § 14-89-907 — AR Code / Title 14 / Chapter 89 / Subchapter 9 / Section 14-89-907
Allocation of profits to districts and municipality
Status: in_force

(a) After compliance with §§ 14-89-904 and 14-89-905 , the remaining profits from the operation of an electric power plant or waterworks system shall be determined by the commissioners of a municipal improvement board. (b) If the commissioners determine that the remaining profits from the operation of the plant or system, or any part thereof, shall be used for the purposes set forth in § 14-89-903 , then the commissioners may, upon the adoption of a proper resolution by the city or town council, allocate to the various improvement districts within the municipality and for other municipal expenses the amounts which are to be appropriated for these purposes. (c) No part of these profits shall be allocated to any district until the commissioners of the district have furnished proof to the commissioners of the light and water district that bonds and interest of the district which is to receive the allocation of profits will mature during the ensuing year and that the district will not be able to pay the maturities without collecting an assessment against the property of the district. (d) The allocation to the various districts within the municipalities as prescribed shall be according to the following ratio: The total amount of bond and interest maturities of all street and other improvement districts within the municipality coming due during the particular year, that is, the year following the fiscal year for which the profit of the plant and system was determined, shall be determined, and the ratio which the total bond and interest maturities of any street and other improvement district for the fiscal year bears to the total bond and interest maturities of all the street and other improvement districts for the fiscal year shall be the percentage used to allocate to each street and other improvement district its proportion of the profit to be used for the retirement of the bonded indebtedness of any such district. (e) The funds allocated to any district under the provisions of this subchapter shall be used exclusively for the purpose of paying bonds and interest of the districts and for no other purpose. Acts 1939, No. 208, § 5; A.S.A. 1947, § 20-213.

(a) After compliance with §§ 14-89-904 and 14-89-905 , the remaining profits from the operation of an electric power plant or waterworks system shall be determined by the commissioners of a municipal improvement board.

(b) If the commissioners determine that the remaining profits from the operation of the plant or system, or any part thereof, shall be used for the purposes set forth in § 14-89-903 , then the commissioners may, upon the adoption of a proper resolution by the city or town council, allocate to the various improvement districts within the municipality and for other municipal expenses the amounts which are to be appropriated for these purposes.

(c) No part of these profits shall be allocated to any district until the commissioners of the district have furnished proof to the commissioners of the light and water district that bonds and interest of the district which is to receive the allocation of profits will mature during the ensuing year and that the district will not be able to pay the maturities without collecting an assessment against the property of the district.

(d) The allocation to the various districts within the municipalities as prescribed shall be according to the following ratio: The total amount of bond and interest maturities of all street and other improvement districts within the municipality coming due during the particular year, that is, the year following the fiscal year for which the profit of the plant and system was determined, shall be determined, and the ratio which the total bond and interest maturities of any street and other improvement district for the fiscal year bears to the total bond and interest maturities of all the street and other improvement districts for the fiscal year shall be the percentage used to allocate to each street and other improvement district its proportion of the profit to be used for the retirement of the bonded indebtedness of any such district.

(e) The funds allocated to any district under the provisions of this subchapter shall be used exclusively for the purpose of paying bonds and interest of the districts and for no other purpose.

Acts 1939, No. 208, § 5; A.S.A. 1947, § 20-213.
Ark. Code Ann. § 14-334-105 — AR Code / Title 14 / Chapter 334 / Section 14-334-105
System authorized
Status: in_force

Each authority is authorized and empowered to acquire, own, equip, construct, lease, maintain, license, and regulate public and private public transportation and otherwise maintain a public transit system so located and operated to best serve the region in which it is located. Acts 1981, No. 424, § 5; A.S.A. 1947, § 20-2205.

Each authority is authorized and empowered to acquire, own, equip, construct, lease, maintain, license, and regulate public and private public transportation and otherwise maintain a public transit system so located and operated to best serve the region in which it is located.

Acts 1981, No. 424, § 5; A.S.A. 1947, § 20-2205.
Ark. Code Ann. § 14-164-503 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-503
Purpose and supplemental intent
Status: in_force

(a) This subchapter is enacted by the General Assembly in the exercise of its inherent powers under Arkansas Constitution, Amendment 7, § 1 and not under any other express constitutional provision. (b) This subchapter is intended to supplement all other law which is designed to secure and develop industry and, when applicable in accordance with the provisions of this subchapter, may be used by any municipality or county as an alternative notwithstanding any constitutional provision or any other act authorizing a municipality or county, or any commission or agency thereof, to issue bonds for the purpose of securing and developing industry. Acts 1985, No. 1017, § 14; A.S.A. 1947, § 13-1285.

(a) This subchapter is enacted by the General Assembly in the exercise of its inherent powers under Arkansas Constitution, Amendment 7, § 1 and not under any other express constitutional provision.

(b) This subchapter is intended to supplement all other law which is designed to secure and develop industry and, when applicable in accordance with the provisions of this subchapter, may be used by any municipality or county as an alternative notwithstanding any constitutional provision or any other act authorizing a municipality or county, or any commission or agency thereof, to issue bonds for the purpose of securing and developing industry.

Acts 1985, No. 1017, § 14; A.S.A. 1947, § 13-1285.
Ark. Code Ann. § 14-93-133 — AR Code / Title 14 / Chapter 93 / Section 14-93-133
Annexation of lands outside district boundaries
Status: in_force

(a) (1) All districts organized under this chapter shall have the authority to permit lands outside the boundaries of the district to be annexed to the district. (2) Annexation shall be permissible only for the purpose of providing improvements to the property to be annexed for purposes similar to the purposes for which the district was formed or for which the district currently exists. (b) (1) When persons claiming to constitute all of the owners of territory contiguous to any such district desire that the territory be annexed to the district, they may present their petition describing the territory to be annexed to the clerk of the county court. (2) The petition shall be accompanied by a resolution of the board of the existing district approving the annexation. (3) The county court shall then direct the clerk to publish for two (2) consecutive weeks, in some newspaper having general circulation in each county in which the district and the territory proposed to be annexed is located, a notice calling upon the owners in the district and the territory proposed to be annexed to appear before the county court on the date and time and at the place named in the notice and show cause for or against the annexation. (c) (1) On the day named in the notice, the county court shall hear all persons who desire to be heard on the following questions: (A) Whether the territory to be annexed to the district lies within the jurisdiction of the county court; (B) Whether all of the owners of real property in the territory sought to be annexed have signed the petition; and (C) Whether a majority of the board of the district has approved the annexation by resolution of the board. (2) The findings of the county court shall have all the force and effect of a judgment, and shall be conclusive, unless, within thirty (30) days thereafter, suit is brought in the chancery court to review it. (d) (1) The finding of the county court shall be expressed as a judgment in case it is in favor of the petitioners. (2) In that event, the territory sought to be annexed shall become a part of the district, and the improvements petitioned for shall be made by the commissioners. (3) The commissioners shall make the assessment of benefits and levy the tax for the improvements on the territory annexed under the provision of this section as if the territory were included in the original district. Acts 1987, No. 787, § 2.

(a) (1) All districts organized under this chapter shall have the authority to permit lands outside the boundaries of the district to be annexed to the district. (2) Annexation shall be permissible only for the purpose of providing improvements to the property to be annexed for purposes similar to the purposes for which the district was formed or for which the district currently exists.

(1) All districts organized under this chapter shall have the authority to permit lands outside the boundaries of the district to be annexed to the district.

(2) Annexation shall be permissible only for the purpose of providing improvements to the property to be annexed for purposes similar to the purposes for which the district was formed or for which the district currently exists.

(b) (1) When persons claiming to constitute all of the owners of territory contiguous to any such district desire that the territory be annexed to the district, they may present their petition describing the territory to be annexed to the clerk of the county court. (2) The petition shall be accompanied by a resolution of the board of the existing district approving the annexation. (3) The county court shall then direct the clerk to publish for two (2) consecutive weeks, in some newspaper having general circulation in each county in which the district and the territory proposed to be annexed is located, a notice calling upon the owners in the district and the territory proposed to be annexed to appear before the county court on the date and time and at the place named in the notice and show cause for or against the annexation.

(1) When persons claiming to constitute all of the owners of territory contiguous to any such district desire that the territory be annexed to the district, they may present their petition describing the territory to be annexed to the clerk of the county court.

(2) The petition shall be accompanied by a resolution of the board of the existing district approving the annexation.

(3) The county court shall then direct the clerk to publish for two (2) consecutive weeks, in some newspaper having general circulation in each county in which the district and the territory proposed to be annexed is located, a notice calling upon the owners in the district and the territory proposed to be annexed to appear before the county court on the date and time and at the place named in the notice and show cause for or against the annexation.

(c) (1) On the day named in the notice, the county court shall hear all persons who desire to be heard on the following questions: (A) Whether the territory to be annexed to the district lies within the jurisdiction of the county court; (B) Whether all of the owners of real property in the territory sought to be annexed have signed the petition; and (C) Whether a majority of the board of the district has approved the annexation by resolution of the board. (2) The findings of the county court shall have all the force and effect of a judgment, and shall be conclusive, unless, within thirty (30) days thereafter, suit is brought in the chancery court to review it.

(1) On the day named in the notice, the county court shall hear all persons who desire to be heard on the following questions: (A) Whether the territory to be annexed to the district lies within the jurisdiction of the county court; (B) Whether all of the owners of real property in the territory sought to be annexed have signed the petition; and (C) Whether a majority of the board of the district has approved the annexation by resolution of the board.

(A) Whether the territory to be annexed to the district lies within the jurisdiction of the county court;

(B) Whether all of the owners of real property in the territory sought to be annexed have signed the petition; and

(C) Whether a majority of the board of the district has approved the annexation by resolution of the board.

(2) The findings of the county court shall have all the force and effect of a judgment, and shall be conclusive, unless, within thirty (30) days thereafter, suit is brought in the chancery court to review it.

(d) (1) The finding of the county court shall be expressed as a judgment in case it is in favor of the petitioners. (2) In that event, the territory sought to be annexed shall become a part of the district, and the improvements petitioned for shall be made by the commissioners. (3) The commissioners shall make the assessment of benefits and levy the tax for the improvements on the territory annexed under the provision of this section as if the territory were included in the original district.

(1) The finding of the county court shall be expressed as a judgment in case it is in favor of the petitioners.

(2) In that event, the territory sought to be annexed shall become a part of the district, and the improvements petitioned for shall be made by the commissioners.

(3) The commissioners shall make the assessment of benefits and levy the tax for the improvements on the territory annexed under the provision of this section as if the territory were included in the original district.

Acts 1987, No. 787, § 2.
Ark. Code Ann. § 14-56-504 — AR Code / Title 14 / Chapter 56 / Subchapter 5 / Section 14-56-504
Establishment of commission
Status: in_force

(a) When two (2) or more cities and counties shall adopt joint planning cooperation by ordinance, resolution, rule, or order, there shall be established a joint planning commission for the metropolitan area or region comprising the area coterminous with the areas of planning jurisdiction of the cities or counties cooperating jointly. (b) A joint planning agency for the metropolitan area or region may be empowered to carry into effect such provisions of state law relating to planning which are authorized for the joining cities or counties and which each may, under existing laws, separately exercise and perform. (c) Any other public authority or agency which operates within, wholly or in part, the area covered by this joint planning cooperation may likewise join with the cooperating cities or counties in cooperative planning through resolution of its governing board or commission. Acts 1955, No. 26, § 1; A.S.A. 1947, § 19-2820.

(a) When two (2) or more cities and counties shall adopt joint planning cooperation by ordinance, resolution, rule, or order, there shall be established a joint planning commission for the metropolitan area or region comprising the area coterminous with the areas of planning jurisdiction of the cities or counties cooperating jointly.

(b) A joint planning agency for the metropolitan area or region may be empowered to carry into effect such provisions of state law relating to planning which are authorized for the joining cities or counties and which each may, under existing laws, separately exercise and perform.

(c) Any other public authority or agency which operates within, wholly or in part, the area covered by this joint planning cooperation may likewise join with the cooperating cities or counties in cooperative planning through resolution of its governing board or commission.

Acts 1955, No. 26, § 1; A.S.A. 1947, § 19-2820.
Ark. Code Ann. § 14-138-106 — AR Code / Title 14 / Chapter 138 / Section 14-138-106
Certificate of incorporation
Status: in_force

(a) The certificate of incorporation of the corporation shall state: (1) The names of the persons forming the corporation, together with the residence of each thereof, and a statement that each of them is a duly qualified elector of the municipality; (2) The name of the corporation, which shall be "The Public Building Authority of the City or Town of ..............."; or some other name of similar import; (3) The location of its principal office, which shall be in the municipality; the number of directors, which number shall be three (3) or a multiple of three (3); and (4) Any other matters relating to the corporation that the incorporators may choose to insert and that is not inconsistent with this chapter or with the laws of the state. (b) The form and contents of the certificate of incorporation must be submitted to the governing body for its approval, which shall be evidenced by a resolution duly entered upon the minutes of the governing body. Acts 1967, No. 409, § 4; A.S.A. 1947, § 19-5104.

(a) The certificate of incorporation of the corporation shall state: (1) The names of the persons forming the corporation, together with the residence of each thereof, and a statement that each of them is a duly qualified elector of the municipality; (2) The name of the corporation, which shall be "The Public Building Authority of the City or Town of ..............."; or some other name of similar import; (3) The location of its principal office, which shall be in the municipality; the number of directors, which number shall be three (3) or a multiple of three (3); and (4) Any other matters relating to the corporation that the incorporators may choose to insert and that is not inconsistent with this chapter or with the laws of the state.

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

(2) The name of the corporation, which shall be "The Public Building Authority of the City or Town of ..............."; or some other name of similar import;

(3) The location of its principal office, which shall be in the municipality; the number of directors, which number shall be three (3) or a multiple of three (3); and

(4) Any other matters relating to the corporation that the incorporators may choose to insert and that is not inconsistent with this chapter or with the laws of the state.

(b) The form and contents of the certificate of incorporation must be submitted to the governing body for its approval, which shall be evidenced by a resolution duly entered upon the minutes of the governing body.

Acts 1967, No. 409, § 4; A.S.A. 1947, § 19-5104.
Ark. Code Ann. § 14-14-111 — AR Code / Title 14 / Chapter 14 / Subchapter 1 / Section 14-14-111
Electronic records
Status: in_force

(a) (1) County governments in Arkansas are the repository for vast numbers of public records necessary for the regulation of commerce and vital to the health, safety, and welfare of the citizens of the state. (2) These records are routinely kept in electronic format by the county officials who are the custodians of the records. (3) It is the intent of this section to: (A) Ensure that all public records kept by county officials are under the complete care, custody, and control of the county officials responsible for the records; and (B) Prevent a computer or software provider doing business with a county from obtaining complete care and control of county records and from becoming the de facto custodian of the records. (b) As used in this section: (1) "Administrative rights" means permissions and powers, including without limitation the permissions and powers to access, alter, copy, download, extract, read, record, upload, write, or otherwise manipulate and maintain records kept by a county official; (2) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means; and (3) (A) (i) "Public records" means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or other agency wholly or partially supported by public funds or expending public funds. (ii) All records maintained in county offices or by county employees within the scope of employment are public records. (B) "Public records" does not mean software acquired by purchase, lease, or license. (c) (1) A county official required by law to maintain public records and who in the normal performance of official duties chooses to keep and maintain the records in an electronic record shall retain complete administrative rights and complete access to all the records. (2) A contract between a county and an electronic record provider shall: (A) Include the information under subdivision (c)(1) of this section; and (B) Require the contractor to provide the county official, at his or her request, with a written list of all file formats in which electronic records are stored. (d) (1) It is the intent of the General Assembly to encourage the use of audio media, visual media, and audiovisual media by local law enforcement agencies and detention centers. (2) A contract between an electronic record provider and a county concerning audio media, visual media, or audiovisual media for the county law enforcement agencies shall provide that audio media, visual media, or audiovisual media be maintained as provided under § 13-4-403 . (3) (A) Pursuant to § 25-19-112 , the county or electronic record provider may charge the requestor for the costs associated with retrieving, reviewing, redacting, and copying audio media, visual media, or audiovisual media. (B) An electronic record provider that charges for costs under subdivision (d)(3)(A) of this section shall provide a copy of the invoice to the county. Amended by Act 2021, No. 1075,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 1075,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 778,§ 2, eff. 7/28/2021. Acts 2009, No. 569, § 1.

(a) (1) County governments in Arkansas are the repository for vast numbers of public records necessary for the regulation of commerce and vital to the health, safety, and welfare of the citizens of the state. (2) These records are routinely kept in electronic format by the county officials who are the custodians of the records. (3) It is the intent of this section to: (A) Ensure that all public records kept by county officials are under the complete care, custody, and control of the county officials responsible for the records; and (B) Prevent a computer or software provider doing business with a county from obtaining complete care and control of county records and from becoming the de facto custodian of the records.

(1) County governments in Arkansas are the repository for vast numbers of public records necessary for the regulation of commerce and vital to the health, safety, and welfare of the citizens of the state.

(2) These records are routinely kept in electronic format by the county officials who are the custodians of the records.

(3) It is the intent of this section to: (A) Ensure that all public records kept by county officials are under the complete care, custody, and control of the county officials responsible for the records; and (B) Prevent a computer or software provider doing business with a county from obtaining complete care and control of county records and from becoming the de facto custodian of the records.

(A) Ensure that all public records kept by county officials are under the complete care, custody, and control of the county officials responsible for the records; and

(B) Prevent a computer or software provider doing business with a county from obtaining complete care and control of county records and from becoming the de facto custodian of the records.

(b) As used in this section: (1) "Administrative rights" means permissions and powers, including without limitation the permissions and powers to access, alter, copy, download, extract, read, record, upload, write, or otherwise manipulate and maintain records kept by a county official; (2) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means; and (3) (A) (i) "Public records" means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or other agency wholly or partially supported by public funds or expending public funds. (ii) All records maintained in county offices or by county employees within the scope of employment are public records. (B) "Public records" does not mean software acquired by purchase, lease, or license.

(1) "Administrative rights" means permissions and powers, including without limitation the permissions and powers to access, alter, copy, download, extract, read, record, upload, write, or otherwise manipulate and maintain records kept by a county official;

(2) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means; and

(3) (A) (i) "Public records" means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or other agency wholly or partially supported by public funds or expending public funds. (ii) All records maintained in county offices or by county employees within the scope of employment are public records. (B) "Public records" does not mean software acquired by purchase, lease, or license.

(A) (i) "Public records" means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or other agency wholly or partially supported by public funds or expending public funds. (ii) All records maintained in county offices or by county employees within the scope of employment are public records.

(i) "Public records" means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or other agency wholly or partially supported by public funds or expending public funds.

(ii) All records maintained in county offices or by county employees within the scope of employment are public records.

(B) "Public records" does not mean software acquired by purchase, lease, or license.

(c) (1) A county official required by law to maintain public records and who in the normal performance of official duties chooses to keep and maintain the records in an electronic record shall retain complete administrative rights and complete access to all the records. (2) A contract between a county and an electronic record provider shall: (A) Include the information under subdivision (c)(1) of this section; and (B) Require the contractor to provide the county official, at his or her request, with a written list of all file formats in which electronic records are stored.

(1) A county official required by law to maintain public records and who in the normal performance of official duties chooses to keep and maintain the records in an electronic record shall retain complete administrative rights and complete access to all the records.

(2) A contract between a county and an electronic record provider shall: (A) Include the information under subdivision (c)(1) of this section; and (B) Require the contractor to provide the county official, at his or her request, with a written list of all file formats in which electronic records are stored.

(A) Include the information under subdivision (c)(1) of this section; and

(B) Require the contractor to provide the county official, at his or her request, with a written list of all file formats in which electronic records are stored.

(d) (1) It is the intent of the General Assembly to encourage the use of audio media, visual media, and audiovisual media by local law enforcement agencies and detention centers. (2) A contract between an electronic record provider and a county concerning audio media, visual media, or audiovisual media for the county law enforcement agencies shall provide that audio media, visual media, or audiovisual media be maintained as provided under § 13-4-403 . (3) (A) Pursuant to § 25-19-112 , the county or electronic record provider may charge the requestor for the costs associated with retrieving, reviewing, redacting, and copying audio media, visual media, or audiovisual media. (B) An electronic record provider that charges for costs under subdivision (d)(3)(A) of this section shall provide a copy of the invoice to the county.

(1) It is the intent of the General Assembly to encourage the use of audio media, visual media, and audiovisual media by local law enforcement agencies and detention centers.

(2) A contract between an electronic record provider and a county concerning audio media, visual media, or audiovisual media for the county law enforcement agencies shall provide that audio media, visual media, or audiovisual media be maintained as provided under § 13-4-403 .

(3) (A) Pursuant to § 25-19-112 , the county or electronic record provider may charge the requestor for the costs associated with retrieving, reviewing, redacting, and copying audio media, visual media, or audiovisual media. (B) An electronic record provider that charges for costs under subdivision (d)(3)(A) of this section shall provide a copy of the invoice to the county.

(A) Pursuant to § 25-19-112 , the county or electronic record provider may charge the requestor for the costs associated with retrieving, reviewing, redacting, and copying audio media, visual media, or audiovisual media.

(B) An electronic record provider that charges for costs under subdivision (d)(3)(A) of this section shall provide a copy of the invoice to the county.

Amended by Act 2021, No. 1075,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 1075,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 778,§ 2, eff. 7/28/2021.

Acts 2009, No. 569, § 1.
Ark. Code Ann. § 14-125-309 — AR Code / Title 14 / Chapter 125 / Subchapter 3 / Section 14-125-309
Construction
Status: in_force

(a) The board of directors shall have control of the construction of the works provided for in the improvement plan. (b) It may advertise in local or state papers or papers published in other states for proposals for doing any work by contract. No work exceeding one thousand dollars ($1,000) shall be let without public advertisement. The board may accept or reject any proposals. (c) If the improvement plan is undertaken in cooperation with the United States, the board may enter into an agreement providing for the construction of the works of improvement and awarding of contracts therefor, to be by, and under the control and supervision of, the United States or any agency or instrumentality thereof. In that event the advertisement, award, and carrying out of the contracts shall be in accordance with the provisions of law applicable to such federal agency. (d) All contractors shall be required to give bond for the faithful performance of such contracts as may be awarded them for construction of the works provided for in the improvement plan, with good and sufficient sureties, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof. (e) The board may: (1) Appoint all necessary agents for carrying on the work and fix their pay; (2) Buy all necessary materials and implements and sell any material or implements as may be on hand and which may not be necessary for the completion of the improvements; and (3) Make all such contracts in the prosecution of the work as may best subserve the public interest. (f) It shall be the duty of the board to have the amount of work done by any contractor estimated, from time to time as may be desirable, by the engineer selected by the board. The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract and is free from liens. Acts 1937, No. 197, §§ 34, 35, as added by Acts 1965, No. 424, § 5; 1969, No. 152, § 2; A.S.A. 1947, §§ 9-937, 9-938.

(a) The board of directors shall have control of the construction of the works provided for in the improvement plan.

(b) It may advertise in local or state papers or papers published in other states for proposals for doing any work by contract. No work exceeding one thousand dollars ($1,000) shall be let without public advertisement. The board may accept or reject any proposals.

(c) If the improvement plan is undertaken in cooperation with the United States, the board may enter into an agreement providing for the construction of the works of improvement and awarding of contracts therefor, to be by, and under the control and supervision of, the United States or any agency or instrumentality thereof. In that event the advertisement, award, and carrying out of the contracts shall be in accordance with the provisions of law applicable to such federal agency.

(d) All contractors shall be required to give bond for the faithful performance of such contracts as may be awarded them for construction of the works provided for in the improvement plan, with good and sufficient sureties, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof.

(e) The board may: (1) Appoint all necessary agents for carrying on the work and fix their pay; (2) Buy all necessary materials and implements and sell any material or implements as may be on hand and which may not be necessary for the completion of the improvements; and (3) Make all such contracts in the prosecution of the work as may best subserve the public interest.

(1) Appoint all necessary agents for carrying on the work and fix their pay;

(2) Buy all necessary materials and implements and sell any material or implements as may be on hand and which may not be necessary for the completion of the improvements; and

(3) Make all such contracts in the prosecution of the work as may best subserve the public interest.

(f) It shall be the duty of the board to have the amount of work done by any contractor estimated, from time to time as may be desirable, by the engineer selected by the board. The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract and is free from liens.

Acts 1937, No. 197, §§ 34, 35, as added by Acts 1965, No. 424, § 5; 1969, No. 152, § 2; A.S.A. 1947, §§ 9-937, 9-938.
Ark. Code Ann. § 14-122-205 — AR Code / Title 14 / Chapter 122 / Subchapter 2 / Section 14-122-205
Contents of bonds
Status: in_force

It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds shall be obligations only of the district, and that in no event shall they constitute any indebtedness for which the faith and credit of the municipality or any of its revenues, other than surplus utility revenues, are pledged. Acts 1975, No. 746, § 12; A.S.A. 1947, § 20-1812.

It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds shall be obligations only of the district, and that in no event shall they constitute any indebtedness for which the faith and credit of the municipality or any of its revenues, other than surplus utility revenues, are pledged.

Acts 1975, No. 746, § 12; A.S.A. 1947, § 20-1812.
Ark. Code Ann. § 14-61-109 — AR Code / Title 14 / Chapter 61 / Section 14-61-109
Determination of ward and district positions
Status: in_force

Ward positions and positions for larger designated districts that overlap wards shall be determined as follows: (1) If a city affected by this chapter chooses to select some of its members by ward, the governing body shall divide the territory of the city into the number of wards having substantially equal population, according to the most recently published federal decennial census of population in the city, equal to the number of members of the governing body to be elected from wards; (2) If a city affected by this chapter chooses to select some of its members by larger designated districts that overlap wards, the governing body shall divide the territory of the city into the number of districts having substantially equal population, according to the most recent federal decennial census, equal to the number of members of the governing body to be elected from districts; (3) The governing body shall complete its apportionment of the respective districts or wards from which members of the governing body of the cities shall be elected and shall file it with the county clerk of the county and with the city clerk of the applicable city; (4) The districts or wards so established, unless changed or modified by order of a court of competent jurisdiction or by ordinance approved by a two-thirds vote of the governing body of the city under § 14-61-107 , shall be the districts or wards of the city from which each of the respective members of the governing body of the city are to be elected; (5) Following each federal decennial census of population and following any special federal census of population within a particular city, if there has been a substantial change in the population of the districts and wards from the preceding federal census, the governing body shall reapportion the districts and wards in each city in the manner and procedure as provided in this section from which the members of the governing body are to be elected; and (6) (A) Notwithstanding the provisions of any other act, candidates for ward positions shall be residents of the ward they wish to represent, and candidates for district positions shall be residents of the district they wish to represent. (B) Unless the electors choose otherwise, only those qualified electors residing in a ward may vote on a candidate from that ward. (C) Unless the electors choose otherwise, all qualified electors of the city may vote on candidates for each larger designated district that overlaps a ward. Amended by Act 2019, No. 978,§ 4, eff. 7/24/2019. Amended by Act 2013, No. 314,§ 1, eff. 8/16/2013. Acts 1989, No. 907, § 7.

Ward positions and positions for larger designated districts that overlap wards shall be determined as follows:

(1) If a city affected by this chapter chooses to select some of its members by ward, the governing body shall divide the territory of the city into the number of wards having substantially equal population, according to the most recently published federal decennial census of population in the city, equal to the number of members of the governing body to be elected from wards;

(2) If a city affected by this chapter chooses to select some of its members by larger designated districts that overlap wards, the governing body shall divide the territory of the city into the number of districts having substantially equal population, according to the most recent federal decennial census, equal to the number of members of the governing body to be elected from districts;

(3) The governing body shall complete its apportionment of the respective districts or wards from which members of the governing body of the cities shall be elected and shall file it with the county clerk of the county and with the city clerk of the applicable city;

(4) The districts or wards so established, unless changed or modified by order of a court of competent jurisdiction or by ordinance approved by a two-thirds vote of the governing body of the city under § 14-61-107 , shall be the districts or wards of the city from which each of the respective members of the governing body of the city are to be elected;

(5) Following each federal decennial census of population and following any special federal census of population within a particular city, if there has been a substantial change in the population of the districts and wards from the preceding federal census, the governing body shall reapportion the districts and wards in each city in the manner and procedure as provided in this section from which the members of the governing body are to be elected; and

(6) (A) Notwithstanding the provisions of any other act, candidates for ward positions shall be residents of the ward they wish to represent, and candidates for district positions shall be residents of the district they wish to represent. (B) Unless the electors choose otherwise, only those qualified electors residing in a ward may vote on a candidate from that ward. (C) Unless the electors choose otherwise, all qualified electors of the city may vote on candidates for each larger designated district that overlaps a ward.

(A) Notwithstanding the provisions of any other act, candidates for ward positions shall be residents of the ward they wish to represent, and candidates for district positions shall be residents of the district they wish to represent.

(B) Unless the electors choose otherwise, only those qualified electors residing in a ward may vote on a candidate from that ward.

(C) Unless the electors choose otherwise, all qualified electors of the city may vote on candidates for each larger designated district that overlaps a ward.

Amended by Act 2019, No. 978,§ 4, eff. 7/24/2019.

Amended by Act 2013, No. 314,§ 1, eff. 8/16/2013.

Acts 1989, No. 907, § 7.
Ark. Code Ann. § 14-89-101 — AR Code / Title 14 / Chapter 89 / Subchapter 1 / Section 14-89-101
Applicability of water district accounting law
Status: in_force

(a) Each municipal improvement district of any kind heretofore or hereafter established pursuant to the provisions of §§ 14-88-203 , 14-88-205 - 14-88-207 shall be subject to and shall comply with the provisions of § 14-119-101 et seq. (b) If the board of improvement of any improvement district established pursuant to §§ 14-88-203 , 14-88-205 - 14-88-207 fails or refuses to comply with any provision of § 14-119-101 et seq., such failure or refusal shall constitute misfeasance in office and shall be grounds for removal of the members of the board from office. Acts 1985, No. 22, § 1; A.S.A. 1947, § 20-247.

(a) Each municipal improvement district of any kind heretofore or hereafter established pursuant to the provisions of §§ 14-88-203 , 14-88-205 - 14-88-207 shall be subject to and shall comply with the provisions of § 14-119-101 et seq.

(b) If the board of improvement of any improvement district established pursuant to §§ 14-88-203 , 14-88-205 - 14-88-207 fails or refuses to comply with any provision of § 14-119-101 et seq., such failure or refusal shall constitute misfeasance in office and shall be grounds for removal of the members of the board from office.

Acts 1985, No. 22, § 1; A.S.A. 1947, § 20-247.
Ark. Code Ann. § 14-335-103 — AR Code / Title 14 / Chapter 335 / Section 14-335-103
Duty to pave between rails in first-class cities
Status: in_force

(a) (1) (A) It shall be the duty of every person, firm, or corporation operating any street railway on, along, or across any street or avenue in any city of the first class in the State of Arkansas, under and by virtue of any indeterminate permit issued by the Arkansas Transportation Commission, to pave between its rails and to the end of its ties whenever the portions of the streets or avenues adjacent to the portion of the street occupied by its ties and rail shall have been paved by the city, the county, or an improvement district. (B) The space between the rails and to the end of the ties shall be paved by the person, firm, or corporation operating under the indeterminate permit, with the same class and character of material used by the city, county, or improvement district in paving the other portion of the street or avenue adjacent thereto. (2) The work shall be done by the person, firm, or corporation holding the indeterminate permit in a good and workmanlike manner. The pavement so laid by the person, firm, or corporation holding the indeterminate permit shall be maintained by the person, firm, or corporation in as good condition as the remainder of the pavement laid on the street or avenue. (3) (A) In case the person, firm, or corporation operating the street railway under an indeterminate permit shall deem it advisable to use a different character of material for paving that portion of any street or avenue between its rails and to the end of its ties than that used on the remainder of the street, it may present a written petition to the city council or commission of the city asking permission to use some other character of material. (B) The council or commission is authorized to grant the petition either by ordinance or resolution, if, in the judgment of the commission or council, the material set forth in the petition is of equal grade and durability to that used on the balance of the street or avenue. (b) The tracks of any street railway and the paving provided for in subsection (a) of this section shall be laid and maintained to the grade established by the city. (c) The circuit court of the county in which the city is located is given jurisdiction to enforce compliance with the provisions of subsection (a) of this section by mandamus upon the complaint of the city. (d) (1) (A) Whenever the city, the county, or an improvement district shall have adopted final plans for the paving of any street or avenue occupied by railway track and shall have finally determined the material to be used, it may cause to be served upon the person, firm, or corporation operating the street railway a notice, in writing, stating the character of material to be used upon the balance of the street and directing the person, firm, or corporation to proceed with the work of paving between the rails to the end of its ties. (B) In case the person, firm, or corporation shall fail to start paving within thirty (30) days, or to complete paving within a reasonable time, then the city, county, or improvement district, as the case may be, may cause the tracks of the street railway to be brought to grade and may construct the pavement between the rails and to the end of the ties. (2) The amount expended by the city, county, or improvement district in paving the space between the rails and to the end of the ties, together with ten percent (10%) interest on the amount of the expenditure from the date thereof, may be recovered by it from the person, firm, or corporation holding an indeterminate permit in an ordinary action at law. (3) The remedies provided for in this subsection are cumulative and are in addition to the remedy of mandamus provided for in subsection (c) of this section. (e) The term "pavement" as used in this section shall include a proper foundation and all excavation, drainage, and other work necessary to properly pave the space between the rails and to the end of the ties. (f) The provisions of this section shall not apply to Miller County. Acts 1923, No. 680, §§ 1-5; Pope's Dig., §§ 1208-1212; A.S.A. 1947, §§ 73-1605 -- 73-1609.

(a) (1) (A) It shall be the duty of every person, firm, or corporation operating any street railway on, along, or across any street or avenue in any city of the first class in the State of Arkansas, under and by virtue of any indeterminate permit issued by the Arkansas Transportation Commission, to pave between its rails and to the end of its ties whenever the portions of the streets or avenues adjacent to the portion of the street occupied by its ties and rail shall have been paved by the city, the county, or an improvement district. (B) The space between the rails and to the end of the ties shall be paved by the person, firm, or corporation operating under the indeterminate permit, with the same class and character of material used by the city, county, or improvement district in paving the other portion of the street or avenue adjacent thereto. (2) The work shall be done by the person, firm, or corporation holding the indeterminate permit in a good and workmanlike manner. The pavement so laid by the person, firm, or corporation holding the indeterminate permit shall be maintained by the person, firm, or corporation in as good condition as the remainder of the pavement laid on the street or avenue. (3) (A) In case the person, firm, or corporation operating the street railway under an indeterminate permit shall deem it advisable to use a different character of material for paving that portion of any street or avenue between its rails and to the end of its ties than that used on the remainder of the street, it may present a written petition to the city council or commission of the city asking permission to use some other character of material. (B) The council or commission is authorized to grant the petition either by ordinance or resolution, if, in the judgment of the commission or council, the material set forth in the petition is of equal grade and durability to that used on the balance of the street or avenue.

(1) (A) It shall be the duty of every person, firm, or corporation operating any street railway on, along, or across any street or avenue in any city of the first class in the State of Arkansas, under and by virtue of any indeterminate permit issued by the Arkansas Transportation Commission, to pave between its rails and to the end of its ties whenever the portions of the streets or avenues adjacent to the portion of the street occupied by its ties and rail shall have been paved by the city, the county, or an improvement district. (B) The space between the rails and to the end of the ties shall be paved by the person, firm, or corporation operating under the indeterminate permit, with the same class and character of material used by the city, county, or improvement district in paving the other portion of the street or avenue adjacent thereto.

(A) It shall be the duty of every person, firm, or corporation operating any street railway on, along, or across any street or avenue in any city of the first class in the State of Arkansas, under and by virtue of any indeterminate permit issued by the Arkansas Transportation Commission, to pave between its rails and to the end of its ties whenever the portions of the streets or avenues adjacent to the portion of the street occupied by its ties and rail shall have been paved by the city, the county, or an improvement district.

(B) The space between the rails and to the end of the ties shall be paved by the person, firm, or corporation operating under the indeterminate permit, with the same class and character of material used by the city, county, or improvement district in paving the other portion of the street or avenue adjacent thereto.

(2) The work shall be done by the person, firm, or corporation holding the indeterminate permit in a good and workmanlike manner. The pavement so laid by the person, firm, or corporation holding the indeterminate permit shall be maintained by the person, firm, or corporation in as good condition as the remainder of the pavement laid on the street or avenue.

(3) (A) In case the person, firm, or corporation operating the street railway under an indeterminate permit shall deem it advisable to use a different character of material for paving that portion of any street or avenue between its rails and to the end of its ties than that used on the remainder of the street, it may present a written petition to the city council or commission of the city asking permission to use some other character of material. (B) The council or commission is authorized to grant the petition either by ordinance or resolution, if, in the judgment of the commission or council, the material set forth in the petition is of equal grade and durability to that used on the balance of the street or avenue.

(A) In case the person, firm, or corporation operating the street railway under an indeterminate permit shall deem it advisable to use a different character of material for paving that portion of any street or avenue between its rails and to the end of its ties than that used on the remainder of the street, it may present a written petition to the city council or commission of the city asking permission to use some other character of material.

(B) The council or commission is authorized to grant the petition either by ordinance or resolution, if, in the judgment of the commission or council, the material set forth in the petition is of equal grade and durability to that used on the balance of the street or avenue.

(b) The tracks of any street railway and the paving provided for in subsection (a) of this section shall be laid and maintained to the grade established by the city.

(c) The circuit court of the county in which the city is located is given jurisdiction to enforce compliance with the provisions of subsection (a) of this section by mandamus upon the complaint of the city.

(d) (1) (A) Whenever the city, the county, or an improvement district shall have adopted final plans for the paving of any street or avenue occupied by railway track and shall have finally determined the material to be used, it may cause to be served upon the person, firm, or corporation operating the street railway a notice, in writing, stating the character of material to be used upon the balance of the street and directing the person, firm, or corporation to proceed with the work of paving between the rails to the end of its ties. (B) In case the person, firm, or corporation shall fail to start paving within thirty (30) days, or to complete paving within a reasonable time, then the city, county, or improvement district, as the case may be, may cause the tracks of the street railway to be brought to grade and may construct the pavement between the rails and to the end of the ties. (2) The amount expended by the city, county, or improvement district in paving the space between the rails and to the end of the ties, together with ten percent (10%) interest on the amount of the expenditure from the date thereof, may be recovered by it from the person, firm, or corporation holding an indeterminate permit in an ordinary action at law. (3) The remedies provided for in this subsection are cumulative and are in addition to the remedy of mandamus provided for in subsection (c) of this section.

(1) (A) Whenever the city, the county, or an improvement district shall have adopted final plans for the paving of any street or avenue occupied by railway track and shall have finally determined the material to be used, it may cause to be served upon the person, firm, or corporation operating the street railway a notice, in writing, stating the character of material to be used upon the balance of the street and directing the person, firm, or corporation to proceed with the work of paving between the rails to the end of its ties. (B) In case the person, firm, or corporation shall fail to start paving within thirty (30) days, or to complete paving within a reasonable time, then the city, county, or improvement district, as the case may be, may cause the tracks of the street railway to be brought to grade and may construct the pavement between the rails and to the end of the ties.

(A) Whenever the city, the county, or an improvement district shall have adopted final plans for the paving of any street or avenue occupied by railway track and shall have finally determined the material to be used, it may cause to be served upon the person, firm, or corporation operating the street railway a notice, in writing, stating the character of material to be used upon the balance of the street and directing the person, firm, or corporation to proceed with the work of paving between the rails to the end of its ties.

(B) In case the person, firm, or corporation shall fail to start paving within thirty (30) days, or to complete paving within a reasonable time, then the city, county, or improvement district, as the case may be, may cause the tracks of the street railway to be brought to grade and may construct the pavement between the rails and to the end of the ties.

(2) The amount expended by the city, county, or improvement district in paving the space between the rails and to the end of the ties, together with ten percent (10%) interest on the amount of the expenditure from the date thereof, may be recovered by it from the person, firm, or corporation holding an indeterminate permit in an ordinary action at law.

(3) The remedies provided for in this subsection are cumulative and are in addition to the remedy of mandamus provided for in subsection (c) of this section.

(e) The term "pavement" as used in this section shall include a proper foundation and all excavation, drainage, and other work necessary to properly pave the space between the rails and to the end of the ties.

(f) The provisions of this section shall not apply to Miller County.

Acts 1923, No. 680, §§ 1-5; Pope's Dig., §§ 1208-1212; A.S.A. 1947, §§ 73-1605 -- 73-1609.
Ark. Code Ann. § 14-386-202 — AR Code / Title 14 / Chapter 386 / Subchapter 2 / Section 14-386-202
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1899, No. 103, § 1, p. 166; 1907, No. 291, § 1, p. 688; C. & M. Dig., § 4655; Acts 1919, No. 688, § 1; A.S.A. 1947, § 78-1330.

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

Acts 1899, No. 103, § 1, p. 166; 1907, No. 291, § 1, p. 688; C. & M. Dig., § 4655; Acts 1919, No. 688, § 1; A.S.A. 1947, § 78-1330.
Ark. Code Ann. § 14-184-103 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-103
Legislative determinations
Status: in_force

(a) It is determined and declared by the General Assembly that: (1) The deterioration of the central business districts of urban centers of the state by reason of obsolescence, overcrowding, faulty arrangement or design, deleterious land use, or a combination of these or other factors is a threat to the property tax and other revenue sources of municipalities; (2) Increases in population and automobile usage have created conditions of traffic congestion in central business districts, and such conditions constitute a hazard to the safety of pedestrians and impede the use of public rights-of-way; (3) The elimination of urban blight and decay and the modernization and general improvement of central business districts by governmental action are considered necessary to promote the public health, safety, and welfare of the communities; and (4) The restoration of central business districts is the appropriate subject for remedial legislation. (b) It is further determined and declared by the General Assembly that: (1) Municipalities should be encouraged to create self-financing improvement districts and designated district management corporations to execute self-help programs to enhance local business climates; and (2) Municipalities should be given the broadest possible discretion in establishing self-help programs consistent with local needs, goals, and objectives. Acts 1973, No. 162, § 2; A.S.A. 1947, § 20-1601n; Acts 2007, No. 517, § 1.

(a) It is determined and declared by the General Assembly that: (1) The deterioration of the central business districts of urban centers of the state by reason of obsolescence, overcrowding, faulty arrangement or design, deleterious land use, or a combination of these or other factors is a threat to the property tax and other revenue sources of municipalities; (2) Increases in population and automobile usage have created conditions of traffic congestion in central business districts, and such conditions constitute a hazard to the safety of pedestrians and impede the use of public rights-of-way; (3) The elimination of urban blight and decay and the modernization and general improvement of central business districts by governmental action are considered necessary to promote the public health, safety, and welfare of the communities; and (4) The restoration of central business districts is the appropriate subject for remedial legislation.

(1) The deterioration of the central business districts of urban centers of the state by reason of obsolescence, overcrowding, faulty arrangement or design, deleterious land use, or a combination of these or other factors is a threat to the property tax and other revenue sources of municipalities;

(2) Increases in population and automobile usage have created conditions of traffic congestion in central business districts, and such conditions constitute a hazard to the safety of pedestrians and impede the use of public rights-of-way;

(3) The elimination of urban blight and decay and the modernization and general improvement of central business districts by governmental action are considered necessary to promote the public health, safety, and welfare of the communities; and

(4) The restoration of central business districts is the appropriate subject for remedial legislation.

(b) It is further determined and declared by the General Assembly that: (1) Municipalities should be encouraged to create self-financing improvement districts and designated district management corporations to execute self-help programs to enhance local business climates; and (2) Municipalities should be given the broadest possible discretion in establishing self-help programs consistent with local needs, goals, and objectives.

(1) Municipalities should be encouraged to create self-financing improvement districts and designated district management corporations to execute self-help programs to enhance local business climates; and

(2) Municipalities should be given the broadest possible discretion in establishing self-help programs consistent with local needs, goals, and objectives.

Acts 1973, No. 162, § 2; A.S.A. 1947, § 20-1601n; Acts 2007, No. 517, § 1.
Ark. Code Ann. § 14-15-710 — AR Code / Title 14 / Chapter 15 / Subchapter 7 / Section 14-15-710
Delivery of records to successor
Status: in_force

(a) It shall be the duty of the county surveyor, or other person having the official record of the surveyor in his or her possession, to deliver up the record to his or her successor whenever he or she may be applied to for that purpose. (b) If the surveyor, or the person having the possession of the record, shall refuse to deliver it to such successor when demanded, he or she shall forfeit and pay the sum of one dollar ($1.00) per day for every day he or she may retain it after demanded, to be recovered by a civil action before any justice of the peace, in the name of any person who may sue for it, one-half (1/2) to the use of the person suing and one-half (1/2) to the use of the county. Rev. Stat., ch. 40, §§ 12, 13; C. & M. Dig., §§ 1895, 1896; Pope's Dig., §§ 2412, 2413; A.S.A. 1947, §§ 12-1218, 12-1219.

(a) It shall be the duty of the county surveyor, or other person having the official record of the surveyor in his or her possession, to deliver up the record to his or her successor whenever he or she may be applied to for that purpose.

(b) If the surveyor, or the person having the possession of the record, shall refuse to deliver it to such successor when demanded, he or she shall forfeit and pay the sum of one dollar ($1.00) per day for every day he or she may retain it after demanded, to be recovered by a civil action before any justice of the peace, in the name of any person who may sue for it, one-half (1/2) to the use of the person suing and one-half (1/2) to the use of the county.

Rev. Stat., ch. 40, §§ 12, 13; C. & M. Dig., §§ 1895, 1896; Pope's Dig., §§ 2412, 2413; A.S.A. 1947, §§ 12-1218, 12-1219.
Ark. Code Ann. § 14-51-202 — AR Code / Title 14 / Chapter 51 / Subchapter 2 / Section 14-51-202
Qualifications of commissioners
Status: in_force

(a) The commissioners shall be: (1) Citizens of the State of Arkansas and residents of the city for more than three (3) years preceding their appointments; and (2) Qualified electors of the city at all times during their appointments. (b) (1) No person on the commission shall hold or be a candidate for any political office under any national, state, county, or municipal government or be connected in any way in any official capacity with any political party or political organization. (2) No person as enumerated in this subsection shall be eligible as a member of the board who at the time of his or her election shall hold any office. (c) The commissioners shall be familiar with these statutes, civil rights laws, and all other state and federal public employment laws. Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1; Acts 1993, No. 206, § 3; 2009, No. 738, § 1.

(a) The commissioners shall be: (1) Citizens of the State of Arkansas and residents of the city for more than three (3) years preceding their appointments; and (2) Qualified electors of the city at all times during their appointments.

(1) Citizens of the State of Arkansas and residents of the city for more than three (3) years preceding their appointments; and

(2) Qualified electors of the city at all times during their appointments.

(b) (1) No person on the commission shall hold or be a candidate for any political office under any national, state, county, or municipal government or be connected in any way in any official capacity with any political party or political organization. (2) No person as enumerated in this subsection shall be eligible as a member of the board who at the time of his or her election shall hold any office.

(1) No person on the commission shall hold or be a candidate for any political office under any national, state, county, or municipal government or be connected in any way in any official capacity with any political party or political organization.

(2) No person as enumerated in this subsection shall be eligible as a member of the board who at the time of his or her election shall hold any office.

(c) The commissioners shall be familiar with these statutes, civil rights laws, and all other state and federal public employment laws.

Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1; Acts 1993, No. 206, § 3; 2009, No. 738, § 1.
Ark. Code Ann. § 14-45-103 — AR Code / Title 14 / Chapter 45 / Section 14-45-103
Vacancies
Status: in_force

(a) When a vacancy occurs in the office of council member in an incorporated town, at the first regular meeting after the occurrence of the vacancy, the town council shall elect by a majority vote of the town council a council member to serve for the unexpired term. (b) When a vacancy occurs in the office of recorder-treasurer in an incorporated town, at the first regular meeting after the occurrence of the vacancy, the town council shall elect by a majority vote of the town council a recorder-treasurer to serve for the unexpired term. (c) When a vacancy occurs in the office of mayor in an incorporated town, at the first regular meeting after the occurrence of the vacancy, the town council shall: (1) Elect by a majority vote of the council members a mayor to serve the unexpired term; or (2) (A) Call for a special election to be held under § 7-11-101 et seq. to fill the vacancy. (B) At the special election, a mayor shall be elected to complete the unexpired term. (d) When a vacancy occurs in the office of marshal in an incorporated town and the marshal was elected under § 14-45-109 , at the first regular meeting after the occurrence of the vacancy the town council shall elect by a majority vote of the town council a marshal to serve for the unexpired term. Amended by Act 2021, No. 339,§ 4, eff. 7/28/2021. Amended by Act 2017, No. 879,§ 33, eff. 8/1/2017. Amended by Act 2017, No. 171,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 978,§ 1, eff. 8/16/2013. Acts 1875, No. 1, § 43, p. 1; C. & M. Dig., § 7674; Acts 1937, No. 259, § 3; Pope's Dig., § 9796; A.S.A. 1947, § 19-1206; Acts 1989, No. 386, § 1.

(a) When a vacancy occurs in the office of council member in an incorporated town, at the first regular meeting after the occurrence of the vacancy, the town council shall elect by a majority vote of the town council a council member to serve for the unexpired term.

(b) When a vacancy occurs in the office of recorder-treasurer in an incorporated town, at the first regular meeting after the occurrence of the vacancy, the town council shall elect by a majority vote of the town council a recorder-treasurer to serve for the unexpired term.

(c) When a vacancy occurs in the office of mayor in an incorporated town, at the first regular meeting after the occurrence of the vacancy, the town council shall: (1) Elect by a majority vote of the council members a mayor to serve the unexpired term; or (2) (A) Call for a special election to be held under § 7-11-101 et seq. to fill the vacancy. (B) At the special election, a mayor shall be elected to complete the unexpired term.

(1) Elect by a majority vote of the council members a mayor to serve the unexpired term; or

(2) (A) Call for a special election to be held under § 7-11-101 et seq. to fill the vacancy. (B) At the special election, a mayor shall be elected to complete the unexpired term.

(A) Call for a special election to be held under § 7-11-101 et seq. to fill the vacancy.

(B) At the special election, a mayor shall be elected to complete the unexpired term.

(d) When a vacancy occurs in the office of marshal in an incorporated town and the marshal was elected under § 14-45-109 , at the first regular meeting after the occurrence of the vacancy the town council shall elect by a majority vote of the town council a marshal to serve for the unexpired term.

Amended by Act 2021, No. 339,§ 4, eff. 7/28/2021.

Amended by Act 2017, No. 879,§ 33, eff. 8/1/2017.

Amended by Act 2017, No. 171,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 978,§ 1, eff. 8/16/2013.

Acts 1875, No. 1, § 43, p. 1; C. & M. Dig., § 7674; Acts 1937, No. 259, § 3; Pope's Dig., § 9796; A.S.A. 1947, § 19-1206; Acts 1989, No. 386, § 1.
Ark. Code Ann. § 14-90-1106 — AR Code / Title 14 / Chapter 90 / Subchapter 11 / Section 14-90-1106
Failure to sell
Status: in_force

Should any of the lands fail to be sold under this subchapter for any reason, the chancery court may, from time to time, order them to be offered again for sale. Acts 1881, No. 84, § 25, p. 161; C. & M. Dig., § 5701; A.S.A. 1947, § 20-434.

Should any of the lands fail to be sold under this subchapter for any reason, the chancery court may, from time to time, order them to be offered again for sale.

Acts 1881, No. 84, § 25, p. 161; C. & M. Dig., § 5701; A.S.A. 1947, § 20-434.
Ark. Code Ann. § 14-72-501 — AR Code / Title 14 / Chapter 72 / Subchapter 5 / Section 14-72-501
Application of subchapter - Successive refunding
Status: in_force

(a) The power and authority granted by this subchapter may be exercised successively. (b) Any bonds which have once been refunded under this subchapter may thereafter, from time to time, be refunded. Acts 1945, No. 103, § 3; A.S.A. 1947, § 13-1233.

(a) The power and authority granted by this subchapter may be exercised successively.

(b) Any bonds which have once been refunded under this subchapter may thereafter, from time to time, be refunded.

Acts 1945, No. 103, § 3; A.S.A. 1947, § 13-1233.
Ark. Code Ann. § 14-43-502 — AR Code / Title 14 / Chapter 43 / Subchapter 5 / Section 14-43-502
Powers of council generally
Status: in_force

(a) The city council shall possess all the legislative powers granted by this subtitle and other corporate powers of the city not prohibited in it or by some ordinance of the city council made in pursuance of the provisions of this subtitle and conferred on some officer of the city. (b) (1) The council shall have the management and control of finances, and of all the real and personal property belonging to the corporation. (2) (A) The council shall provide the times and places of holding its meetings, which shall at all times be open to the public. (B) The mayor or any three (3) council members of any city or town, regardless of size or classification, may call special meetings in the manner as may be provided by ordinance. (3) The council shall appoint, or provide by ordinance, that the qualified voters of the city, of the wards, or districts as the case may require, shall elect all such city officers as shall be necessary for the good government of the city and for the due exercise of its corporate powers, and which shall have been provided by ordinance, as to whose appointment or election provision is not made in this subtitle and not provided by any general law of the state in reference to cities of the first class. Amended by Act 2017, No. 879,§ 23, eff. 8/1/2017. Acts 1875, No. 1, § 62, p. 1; C. & M. Dig., § 7744; Pope's Dig., § 9940; A.S.A. 1947, § 19-1011; Acts 2001, No. 365, § 1.

(a) The city council shall possess all the legislative powers granted by this subtitle and other corporate powers of the city not prohibited in it or by some ordinance of the city council made in pursuance of the provisions of this subtitle and conferred on some officer of the city.

(b) (1) The council shall have the management and control of finances, and of all the real and personal property belonging to the corporation. (2) (A) The council shall provide the times and places of holding its meetings, which shall at all times be open to the public. (B) The mayor or any three (3) council members of any city or town, regardless of size or classification, may call special meetings in the manner as may be provided by ordinance. (3) The council shall appoint, or provide by ordinance, that the qualified voters of the city, of the wards, or districts as the case may require, shall elect all such city officers as shall be necessary for the good government of the city and for the due exercise of its corporate powers, and which shall have been provided by ordinance, as to whose appointment or election provision is not made in this subtitle and not provided by any general law of the state in reference to cities of the first class.

(1) The council shall have the management and control of finances, and of all the real and personal property belonging to the corporation.

(2) (A) The council shall provide the times and places of holding its meetings, which shall at all times be open to the public. (B) The mayor or any three (3) council members of any city or town, regardless of size or classification, may call special meetings in the manner as may be provided by ordinance.

(A) The council shall provide the times and places of holding its meetings, which shall at all times be open to the public.

(B) The mayor or any three (3) council members of any city or town, regardless of size or classification, may call special meetings in the manner as may be provided by ordinance.

(3) The council shall appoint, or provide by ordinance, that the qualified voters of the city, of the wards, or districts as the case may require, shall elect all such city officers as shall be necessary for the good government of the city and for the due exercise of its corporate powers, and which shall have been provided by ordinance, as to whose appointment or election provision is not made in this subtitle and not provided by any general law of the state in reference to cities of the first class.

Amended by Act 2017, No. 879,§ 23, eff. 8/1/2017.

Acts 1875, No. 1, § 62, p. 1; C. & M. Dig., § 7744; Pope's Dig., § 9940; A.S.A. 1947, § 19-1011; Acts 2001, No. 365, § 1.
Ark. Code Ann. § 14-301-305 — AR Code / Title 14 / Chapter 301 / Subchapter 3 / Section 14-301-305
Suit to reject ordinance - Evidence of consent
Status: in_force

(a) The determination, findings, and ordinance of the council shall be conclusive unless, within thirty (30) days after the passage of the ordinance, suit is brought to reject the ordinance in the chancery court of the county where the city or town is located. (b) In determining whether all abutting property owners have consented to the abandonment, the council and chancery court shall be limited by the record of deeds in the office of the recorder of the county and shall not consider unrecorded instruments. Acts 1945, No. 17, § 6; A.S.A. 1947, § 19-3829.

(a) The determination, findings, and ordinance of the council shall be conclusive unless, within thirty (30) days after the passage of the ordinance, suit is brought to reject the ordinance in the chancery court of the county where the city or town is located.

(b) In determining whether all abutting property owners have consented to the abandonment, the council and chancery court shall be limited by the record of deeds in the office of the recorder of the county and shall not consider unrecorded instruments.

Acts 1945, No. 17, § 6; A.S.A. 1947, § 19-3829.
Ark. Code Ann. § 14-1-204 — AR Code / Title 14 / Chapter 1 / Subchapter 2 / Section 14-1-204
Liability for costs and attorney's fees
Status: in_force

A prevailing party in an action to enforce the legal right to fly a flag of the United States shall be entitled to recover the court costs and reasonable attorney's fees incurred. Acts 2003, No. 1106, § 4.

A prevailing party in an action to enforce the legal right to fly a flag of the United States shall be entitled to recover the court costs and reasonable attorney's fees incurred.

Acts 2003, No. 1106, § 4.
Ark. Code Ann. § 14-175-101 — AR Code / Title 14 / Chapter 175 / Section 14-175-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Public Corporations for Economic Development Act". Acts 2005, No. 1372, § 3.

This chapter shall be known and may be cited as the "Public Corporations for Economic Development Act".

Acts 2005, No. 1372, § 3.
Ark. Code Ann. § 14-363-202 — AR Code / Title 14 / Chapter 363 / Subchapter 2 / Section 14-363-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Airport" means any area of land usable for the landing and taking off of airplanes; (2) A city is "served" by an airport if the airport is used for private flying or otherwise as a point of arrival or departure by air by persons residing or having their place of business in the city; (3) An airport is of the "public utility class" if it is available to the general public for private flying or otherwise as a point of arrival or departure by air; (4) "Person" means any individual, firm, copartnership, public or private corporation, company, association, joint-stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof; and (5) "Structure" means any object constructed or installed by man including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. Acts 1941, No. 116, § 1; A.S.A. 1947, § 74-301.

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

(1) "Airport" means any area of land usable for the landing and taking off of airplanes;

(2) A city is "served" by an airport if the airport is used for private flying or otherwise as a point of arrival or departure by air by persons residing or having their place of business in the city;

(3) An airport is of the "public utility class" if it is available to the general public for private flying or otherwise as a point of arrival or departure by air;

(4) "Person" means any individual, firm, copartnership, public or private corporation, company, association, joint-stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof; and

(5) "Structure" means any object constructed or installed by man including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.

Acts 1941, No. 116, § 1; A.S.A. 1947, § 74-301.
Ark. Code Ann. § 14-361-105 — AR Code / Title 14 / Chapter 361 / Section 14-361-105
Supplementary powers
Status: in_force

In addition to the general and special powers conferred by this chapter, every municipality is authorized to exercise such powers as are necessarily incidental to the exercise of the conferred general and special powers. Acts 1953, No. 128, § 17; A.S.A. 1947, § 74-617.

In addition to the general and special powers conferred by this chapter, every municipality is authorized to exercise such powers as are necessarily incidental to the exercise of the conferred general and special powers.

Acts 1953, No. 128, § 17; A.S.A. 1947, § 74-617.
Ark. Code Ann. § 14-90-913 — AR Code / Title 14 / Chapter 90 / Subchapter 9 / Section 14-90-913
Fees for extension of annual installments
Status: in_force

(a) For services in extending the annual installments, the municipal improvement district shall pay the county clerk one and one-half percent (11/2%) of the total amount extended. (b) For services in collecting the annual installments, the district shall pay to the county tax collector one and three-eighths percent (13/8%) of the amount collected by him, which he may withhold. (c) For services in disbursing the moneys, the district shall pay the county treasurer one-eighth of one percent (1/8 of 1%) of the amount received by him from the collector, which he may withhold. Acts 1949, No. 195, § 14; A.S.A. 1947, § 20-418.10.

(a) For services in extending the annual installments, the municipal improvement district shall pay the county clerk one and one-half percent (11/2%) of the total amount extended.

(b) For services in collecting the annual installments, the district shall pay to the county tax collector one and three-eighths percent (13/8%) of the amount collected by him, which he may withhold.

(c) For services in disbursing the moneys, the district shall pay the county treasurer one-eighth of one percent (1/8 of 1%) of the amount received by him from the collector, which he may withhold.

Acts 1949, No. 195, § 14; A.S.A. 1947, § 20-418.10.
Ark. Code Ann. § 14-56-412 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-412
Powers and duties of commission
Status: in_force

(a) Generally. The planning commission shall have the duty and function of promoting public interest in, and understanding of, the long-term coordinated municipal planning. (b) Comprehensive Studies. The commission shall prepare a work program and make comprehensive studies of the present conditions and the probable future growth of the municipality and its neighboring territory. (c) Planning Area Map. The commission shall prepare and maintain a map showing the general location of streets, public ways, and public property and the boundaries of the area within the territorial jurisdiction for which it will prepare plans, ordinances, and regulations. The map shall be known as the planning area map. (d) Plans of Area. Following preparation of the planning area map, the planning commission may prepare plans for all, or any portion of, the area encompassed by the map, which may consist of maps, plats, charts, diagrams, and necessary documents and descriptive matter. The plans may include, but shall not be limited to: (1) A master street plan; (2) A land use plan; and (3) A community facilities plan. (e) Implementation of Plans. In order to promote, regulate, and control development, and to protect the various elements of the plans, the commission, after adoption of appropriate plans as provided, may prepare and transmit to the legislative body such ordinances and regulations as are deemed necessary to carry out the intent of the plans, or of parts thereof. (f) (1) Referral to Planning Commission. After adoption and filing as provided of a plan, no public way, ground, or open space; public building or structure; publicly or privately owned public utility line or terminal or transportation line or terminal; or public development or redevelopment or renewal project shall be acquired, constructed, or authorized unless such a project, proposal, or development has been submitted to the commission for review, recommendation, and approval as to its conformity with the plan. (2) The commission's disapproval of a proposal submitted to it may be overruled only by a recorded vote of two-thirds (2/3) of the full membership of the submitting or authorizing body. (3) Failure of the commission to act within sixty (60) days of the submission of the proposal shall be deemed approval unless further time is allowed by the submitting public board, commission, or body. (g) Referral to Bodies Responsible for Land Acquisition. After adoption and filing as provided of a community facilities plan or a master street plan, no parcel of land indicated by the plan which lies within the bounds of a proposed public use facility or mapped street shall be privately developed until the public board, commission, or body having jurisdiction or financial responsibility for the reserved area shall have refused to execute a written option or to file suit for condemnation to acquire the area. This refusal shall be given by the public board, commission, or body within one (1) year of the date the action is requested by the property owner. This procedure may be enforced for the specified one (1) year period by the refusal to issue building permits or by other methods. However, it may be enforced only in cases where regulations governing the development and subdivision of land do not apply. (h) Public Improvement Program. The commission may prepare, annually, a program for an appropriate period, recommending a coordinated program of capital expenditures for public improvements. For the purpose of preparing this program, the commission may request and receive information concerning public improvements from all public officials and public bodies. (i) Recommendations and Reports. The commission may make recommendations and reports to the public and to public and private agencies. (j) Surveys. The commission may enter upon land to make examinations and surveys and to maintain necessary monuments and markers thereon. (k) Funds and Personnel. The commission may receive and spend funds from federal, state, county, municipal, and other public and private sources, may contract with respect thereto, and may hire a staff and contract for consultant services. Acts 1957, No. 186, § 3; A.S.A. 1947, § 19-2827.

(a) Generally. The planning commission shall have the duty and function of promoting public interest in, and understanding of, the long-term coordinated municipal planning.

(b) Comprehensive Studies. The commission shall prepare a work program and make comprehensive studies of the present conditions and the probable future growth of the municipality and its neighboring territory.

(c) Planning Area Map. The commission shall prepare and maintain a map showing the general location of streets, public ways, and public property and the boundaries of the area within the territorial jurisdiction for which it will prepare plans, ordinances, and regulations. The map shall be known as the planning area map.

(d) Plans of Area. Following preparation of the planning area map, the planning commission may prepare plans for all, or any portion of, the area encompassed by the map, which may consist of maps, plats, charts, diagrams, and necessary documents and descriptive matter. The plans may include, but shall not be limited to: (1) A master street plan; (2) A land use plan; and (3) A community facilities plan.

(1) A master street plan;

(2) A land use plan; and

(3) A community facilities plan.

(e) Implementation of Plans. In order to promote, regulate, and control development, and to protect the various elements of the plans, the commission, after adoption of appropriate plans as provided, may prepare and transmit to the legislative body such ordinances and regulations as are deemed necessary to carry out the intent of the plans, or of parts thereof.

(f) (1) Referral to Planning Commission. After adoption and filing as provided of a plan, no public way, ground, or open space; public building or structure; publicly or privately owned public utility line or terminal or transportation line or terminal; or public development or redevelopment or renewal project shall be acquired, constructed, or authorized unless such a project, proposal, or development has been submitted to the commission for review, recommendation, and approval as to its conformity with the plan. (2) The commission's disapproval of a proposal submitted to it may be overruled only by a recorded vote of two-thirds (2/3) of the full membership of the submitting or authorizing body. (3) Failure of the commission to act within sixty (60) days of the submission of the proposal shall be deemed approval unless further time is allowed by the submitting public board, commission, or body.

(1) Referral to Planning Commission. After adoption and filing as provided of a plan, no public way, ground, or open space; public building or structure; publicly or privately owned public utility line or terminal or transportation line or terminal; or public development or redevelopment or renewal project shall be acquired, constructed, or authorized unless such a project, proposal, or development has been submitted to the commission for review, recommendation, and approval as to its conformity with the plan.

(2) The commission's disapproval of a proposal submitted to it may be overruled only by a recorded vote of two-thirds (2/3) of the full membership of the submitting or authorizing body.

(3) Failure of the commission to act within sixty (60) days of the submission of the proposal shall be deemed approval unless further time is allowed by the submitting public board, commission, or body.

(g) Referral to Bodies Responsible for Land Acquisition. After adoption and filing as provided of a community facilities plan or a master street plan, no parcel of land indicated by the plan which lies within the bounds of a proposed public use facility or mapped street shall be privately developed until the public board, commission, or body having jurisdiction or financial responsibility for the reserved area shall have refused to execute a written option or to file suit for condemnation to acquire the area. This refusal shall be given by the public board, commission, or body within one (1) year of the date the action is requested by the property owner. This procedure may be enforced for the specified one (1) year period by the refusal to issue building permits or by other methods. However, it may be enforced only in cases where regulations governing the development and subdivision of land do not apply.

(h) Public Improvement Program. The commission may prepare, annually, a program for an appropriate period, recommending a coordinated program of capital expenditures for public improvements. For the purpose of preparing this program, the commission may request and receive information concerning public improvements from all public officials and public bodies.

(i) Recommendations and Reports. The commission may make recommendations and reports to the public and to public and private agencies.

(j) Surveys. The commission may enter upon land to make examinations and surveys and to maintain necessary monuments and markers thereon.

(k) Funds and Personnel. The commission may receive and spend funds from federal, state, county, municipal, and other public and private sources, may contract with respect thereto, and may hire a staff and contract for consultant services.

Acts 1957, No. 186, § 3; A.S.A. 1947, § 19-2827.
Ark. Code Ann. § 14-164-341 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-341
Bonds for surface transportation projects
Status: in_force

(a) The governing body of a municipality or county may pledge by ordinance all or a specified portion of the municipality's or county's share of collections of the following to retire bonds issued for a surface transportation project: (1) The temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91; or (2) The one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 101. (b) (1) An ordinance pledging revenues under subsection (a) of this section is not effective unless the issuance of the bonds is approved by a majority of the electors of the municipality or county voting on the question at an election that is held substantially in the manner provided under § 14-164-309 . (2) The ballot form in an election to issue bonds secured by the pledge of revenues under subsection (a) of this section shall contain a statement describing the extent to which the municipality's or county's share of collections of the temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91, or the one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 101, may be pledged to the retirement of the bonds issued for the surface transportation project if the bonds are approved by the voters of the municipality or county. (c) Bonds issued under this section that are secured by collections of the temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91, shall not have a final maturity date later than July 1, 2023. (d) A certified copy of the ordinance authorizing the issuance of bonds under this section shall be filed with the Secretary of the Department of Finance and Administration and the Treasurer of State as soon as practicable after the approval of the issuance of the bonds by the voters. (e) (1) If a municipality or county has filed an ordinance with the Treasurer of State under subsection (d) of this section and the municipality's or county's share of collections of the temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91, or the one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 101, is to be distributed to the municipality or county from the Municipal Aid Fund or the County Aid Fund, the Treasurer of State shall separately identify the amount of funds to be distributed to the municipality or county under Arkansas Constitution, Amendment 91, or Arkansas Constitution, Amendment 101. (2) If a municipality or county has filed an ordinance with the Treasurer of State under subsection (d) of this section, the municipality or county may elect to have the funds identified by the Treasurer of State under subdivision (e)(1) of this section distributed to the bank or other depository designated in the ordinance. (3) (A) If a municipality or county elects to have funds distributed to a bank or other depository under subdivision (e)(2) of this section, the amount identified by the Treasurer of State under subdivision (e)(1) of this section shall be distributed to the bank or other depository designated in the ordinance rather than being distributed to the municipality or county. (B) The distribution under subdivision (e)(3)(A) of this section shall continue until the municipality or county files a signed statement with the Treasurer of State to the effect that the bonds to which the funds identified under subdivision (e)(1) of this section are pledged have been fully paid and are no longer outstanding. Amended by Act 2023, No. 130,§ 1, eff. 2/24/2023. Amended by Act 2019, No. 910,§ 3392, eff. 7/1/2019. Added by Act 2013, No. 1241,§ 3, eff. 4/16/2013.

(a) The governing body of a municipality or county may pledge by ordinance all or a specified portion of the municipality's or county's share of collections of the following to retire bonds issued for a surface transportation project: (1) The temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91; or (2) The one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 101.

(1) The temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91; or

(2) The one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 101.

(b) (1) An ordinance pledging revenues under subsection (a) of this section is not effective unless the issuance of the bonds is approved by a majority of the electors of the municipality or county voting on the question at an election that is held substantially in the manner provided under § 14-164-309 . (2) The ballot form in an election to issue bonds secured by the pledge of revenues under subsection (a) of this section shall contain a statement describing the extent to which the municipality's or county's share of collections of the temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91, or the one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 101, may be pledged to the retirement of the bonds issued for the surface transportation project if the bonds are approved by the voters of the municipality or county.

(1) An ordinance pledging revenues under subsection (a) of this section is not effective unless the issuance of the bonds is approved by a majority of the electors of the municipality or county voting on the question at an election that is held substantially in the manner provided under § 14-164-309 .

(2) The ballot form in an election to issue bonds secured by the pledge of revenues under subsection (a) of this section shall contain a statement describing the extent to which the municipality's or county's share of collections of the temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91, or the one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 101, may be pledged to the retirement of the bonds issued for the surface transportation project if the bonds are approved by the voters of the municipality or county.

(c) Bonds issued under this section that are secured by collections of the temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91, shall not have a final maturity date later than July 1, 2023.

(d) A certified copy of the ordinance authorizing the issuance of bonds under this section shall be filed with the Secretary of the Department of Finance and Administration and the Treasurer of State as soon as practicable after the approval of the issuance of the bonds by the voters.

(e) (1) If a municipality or county has filed an ordinance with the Treasurer of State under subsection (d) of this section and the municipality's or county's share of collections of the temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91, or the one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 101, is to be distributed to the municipality or county from the Municipal Aid Fund or the County Aid Fund, the Treasurer of State shall separately identify the amount of funds to be distributed to the municipality or county under Arkansas Constitution, Amendment 91, or Arkansas Constitution, Amendment 101. (2) If a municipality or county has filed an ordinance with the Treasurer of State under subsection (d) of this section, the municipality or county may elect to have the funds identified by the Treasurer of State under subdivision (e)(1) of this section distributed to the bank or other depository designated in the ordinance. (3) (A) If a municipality or county elects to have funds distributed to a bank or other depository under subdivision (e)(2) of this section, the amount identified by the Treasurer of State under subdivision (e)(1) of this section shall be distributed to the bank or other depository designated in the ordinance rather than being distributed to the municipality or county. (B) The distribution under subdivision (e)(3)(A) of this section shall continue until the municipality or county files a signed statement with the Treasurer of State to the effect that the bonds to which the funds identified under subdivision (e)(1) of this section are pledged have been fully paid and are no longer outstanding.

(1) If a municipality or county has filed an ordinance with the Treasurer of State under subsection (d) of this section and the municipality's or county's share of collections of the temporary one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 91, or the one-half percent (1/2%) sales and use tax levied under Arkansas Constitution, Amendment 101, is to be distributed to the municipality or county from the Municipal Aid Fund or the County Aid Fund, the Treasurer of State shall separately identify the amount of funds to be distributed to the municipality or county under Arkansas Constitution, Amendment 91, or Arkansas Constitution, Amendment 101.

(2) If a municipality or county has filed an ordinance with the Treasurer of State under subsection (d) of this section, the municipality or county may elect to have the funds identified by the Treasurer of State under subdivision (e)(1) of this section distributed to the bank or other depository designated in the ordinance.

(3) (A) If a municipality or county elects to have funds distributed to a bank or other depository under subdivision (e)(2) of this section, the amount identified by the Treasurer of State under subdivision (e)(1) of this section shall be distributed to the bank or other depository designated in the ordinance rather than being distributed to the municipality or county. (B) The distribution under subdivision (e)(3)(A) of this section shall continue until the municipality or county files a signed statement with the Treasurer of State to the effect that the bonds to which the funds identified under subdivision (e)(1) of this section are pledged have been fully paid and are no longer outstanding.

(A) If a municipality or county elects to have funds distributed to a bank or other depository under subdivision (e)(2) of this section, the amount identified by the Treasurer of State under subdivision (e)(1) of this section shall be distributed to the bank or other depository designated in the ordinance rather than being distributed to the municipality or county.

(B) The distribution under subdivision (e)(3)(A) of this section shall continue until the municipality or county files a signed statement with the Treasurer of State to the effect that the bonds to which the funds identified under subdivision (e)(1) of this section are pledged have been fully paid and are no longer outstanding.

Amended by Act 2023, No. 130,§ 1, eff. 2/24/2023.

Amended by Act 2019, No. 910,§ 3392, eff. 7/1/2019.

Added by Act 2013, No. 1241,§ 3, eff. 4/16/2013.
Ark. Code Ann. § 14-184-207 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-207
Providing of funds
Status: in_force

(a) For the purpose of providing funds to make loans including any reserve for contingencies deemed desirable, a central business improvement district may issue negotiable bonds or certificates of indebtedness bearing a rate of interest not to exceed the maximum rate allowed by law. (b) In order to secure the bonds, the district may pledge, assign, or otherwise encumber any notes, debentures, evidences of indebtedness, mortgages, security interests, or other instrument of security or guaranty which may have been obtained to evidence a loan from the district to property owners within the district to accomplish the purposes of this subchapter. (c) Assessments of benefits against the property owners in the district may not be pledged to secure the payment of the bonds authorized by this subchapter. Acts 1975, No. 403, § 4; 1981, No. 425, § 51; 1981, No. 474, § 4; A.S.A. 1947, § 20-1628.

(a) For the purpose of providing funds to make loans including any reserve for contingencies deemed desirable, a central business improvement district may issue negotiable bonds or certificates of indebtedness bearing a rate of interest not to exceed the maximum rate allowed by law.

(b) In order to secure the bonds, the district may pledge, assign, or otherwise encumber any notes, debentures, evidences of indebtedness, mortgages, security interests, or other instrument of security or guaranty which may have been obtained to evidence a loan from the district to property owners within the district to accomplish the purposes of this subchapter.

(c) Assessments of benefits against the property owners in the district may not be pledged to secure the payment of the bonds authorized by this subchapter.

Acts 1975, No. 403, § 4; 1981, No. 425, § 51; 1981, No. 474, § 4; A.S.A. 1947, § 20-1628.
Ark. Code Ann. § 14-16-302 — AR Code / Title 14 / Chapter 16 / Subchapter 3 / Section 14-16-302
Bidding process
Status: in_force

(a) (1) The county judge shall publish a notice inviting sealed bids for the leasing, letting, selling, or conveying of real property for the production, reclamation, and refining of crude biogenic gases. This notice shall be published in a legal newspaper in the county where the property is located one (1) time each week for the four (4) weeks immediately prior to the date set for receiving bids. (2) No bid shall be received, accepted, or considered when received after the date set for the receipt of bids. (b) (1) Within thirty (30) days after the date set for the receipt of bids, the bids shall be opened and read at a public meeting of the county quorum court. (2) (A) At the meeting, the county judge shall select and award the lease to the property or award the property to the highest, responsible, and best bidder. (B) The county judge may reject all bids and begin the bidding process anew. Acts 1983, No. 478, § 2; A.S.A. 1947, § 19-2357.

(a) (1) The county judge shall publish a notice inviting sealed bids for the leasing, letting, selling, or conveying of real property for the production, reclamation, and refining of crude biogenic gases. This notice shall be published in a legal newspaper in the county where the property is located one (1) time each week for the four (4) weeks immediately prior to the date set for receiving bids. (2) No bid shall be received, accepted, or considered when received after the date set for the receipt of bids.

(1) The county judge shall publish a notice inviting sealed bids for the leasing, letting, selling, or conveying of real property for the production, reclamation, and refining of crude biogenic gases. This notice shall be published in a legal newspaper in the county where the property is located one (1) time each week for the four (4) weeks immediately prior to the date set for receiving bids.

(2) No bid shall be received, accepted, or considered when received after the date set for the receipt of bids.

(b) (1) Within thirty (30) days after the date set for the receipt of bids, the bids shall be opened and read at a public meeting of the county quorum court. (2) (A) At the meeting, the county judge shall select and award the lease to the property or award the property to the highest, responsible, and best bidder. (B) The county judge may reject all bids and begin the bidding process anew.

(1) Within thirty (30) days after the date set for the receipt of bids, the bids shall be opened and read at a public meeting of the county quorum court.

(2) (A) At the meeting, the county judge shall select and award the lease to the property or award the property to the highest, responsible, and best bidder. (B) The county judge may reject all bids and begin the bidding process anew.

(A) At the meeting, the county judge shall select and award the lease to the property or award the property to the highest, responsible, and best bidder.

(B) The county judge may reject all bids and begin the bidding process anew.

Acts 1983, No. 478, § 2; A.S.A. 1947, § 19-2357.
Ark. Code Ann. § 14-121-421 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-421
Payment of assessments in improvement districts - Interest
Status: in_force

(a) When assessments of benefits are made in drainage and other improvement districts, the landowners shall have the privilege of paying the assessment in full within thirty (30) days after the assessment becomes final. However, the assessments 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. (b) 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. (c) The amount of interest which will accrue on bonds issued by districts and subdistricts shall be included and added to the tax, but the interest to accrue on account of the issuing of the bonds shall not be construed as a part of the cost of construction in determining whether or not the expenses and costs of making the improvements are, or are not, equal to or in excess of the benefits assessed. Acts 1913, No. 177, § 10; C. & M. Dig., § 3643; Pope's Dig., § 4494; A.S.A. 1947, § 21-540.

(a) When assessments of benefits are made in drainage and other improvement districts, the landowners shall have the privilege of paying the assessment in full within thirty (30) days after the assessment becomes final. However, the assessments 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.

(b) 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.

(c) The amount of interest which will accrue on bonds issued by districts and subdistricts shall be included and added to the tax, but the interest to accrue on account of the issuing of the bonds shall not be construed as a part of the cost of construction in determining whether or not the expenses and costs of making the improvements are, or are not, equal to or in excess of the benefits assessed.

Acts 1913, No. 177, § 10; C. & M. Dig., § 3643; Pope's Dig., § 4494; A.S.A. 1947, § 21-540.
Ark. Code Ann. § 14-232-114 — AR Code / Title 14 / Chapter 232 / Section 14-232-114
Bonds - Tax exemption
Status: in_force

Bonds issued under the authority of this chapter shall be exempt from all state, county, and municipal taxes. This exemption includes income taxes. Acts 1971, No. 238, § 9; A.S.A. 1947, § 82-2721.

Bonds issued under the authority of this chapter shall be exempt from all state, county, and municipal taxes. This exemption includes income taxes.

Acts 1971, No. 238, § 9; A.S.A. 1947, § 82-2721.
Ark. Code Ann. § 14-77-110 — AR Code / Title 14 / Chapter 77 / Section 14-77-110
Civil procedures apply
Status: in_force

All actions and procedures under the provisions of this chapter are civil in nature and shall be governed by the appropriate rules, regulations, and laws regarding civil actions and remedies. Acts 1991, No. 724, § 12.

All actions and procedures under the provisions of this chapter are civil in nature and shall be governed by the appropriate rules, regulations, and laws regarding civil actions and remedies.

Acts 1991, No. 724, § 12.
Ark. Code Ann. § 14-27-103 — AR Code / Title 14 / Chapter 27 / Section 14-27-103
Meetings - Notice
Status: in_force

(a) A county intergovernmental cooperation council shall meet at least one (1) time annually. (b) Meetings of the council shall be open to the public and held in a public meeting room. (c) Meetings of the council shall be at the call of the chair unless a majority of the council's membership petition for a meeting to be held. (d) The secretary of the council shall notify the public and the press of council meetings at least three (3) days before the meetings. Amended by Act 2019, No. 291,§ 1, eff. 7/24/2019. Acts 1987, No. 510, § 3; 2001, No. 784, § 1.

(a) A county intergovernmental cooperation council shall meet at least one (1) time annually.

(b) Meetings of the council shall be open to the public and held in a public meeting room.

(c) Meetings of the council shall be at the call of the chair unless a majority of the council's membership petition for a meeting to be held.

(d) The secretary of the council shall notify the public and the press of council meetings at least three (3) days before the meetings.

Amended by Act 2019, No. 291,§ 1, eff. 7/24/2019.

Acts 1987, No. 510, § 3; 2001, No. 784, § 1.
Ark. Code Ann. § 14-137-109 — AR Code / Title 14 / Chapter 137 / Section 14-137-109
Officers - Executive director
Status: in_force

(a) (1) The members of each public facilities board shall meet and organize by electing one (1) of their number as chairman, one (1) as vice chairman, one (1) as secretary, and one as treasurer, and such officers shall be elected annually thereafter in like manner. (2) The duties of secretary and treasurer may be performed by the same member. (b) The board may also appoint an executive director who shall serve at the pleasure of the board and receive such compensation as shall be fixed by the board. Acts 1975, No. 142, § 6; A.S.A. 1947, § 20-1706; Acts 1991, No. 279, § 2.

(a) (1) The members of each public facilities board shall meet and organize by electing one (1) of their number as chairman, one (1) as vice chairman, one (1) as secretary, and one as treasurer, and such officers shall be elected annually thereafter in like manner. (2) The duties of secretary and treasurer may be performed by the same member.

(1) The members of each public facilities board shall meet and organize by electing one (1) of their number as chairman, one (1) as vice chairman, one (1) as secretary, and one as treasurer, and such officers shall be elected annually thereafter in like manner.

(2) The duties of secretary and treasurer may be performed by the same member.

(b) The board may also appoint an executive director who shall serve at the pleasure of the board and receive such compensation as shall be fixed by the board.

Acts 1975, No. 142, § 6; A.S.A. 1947, § 20-1706; Acts 1991, No. 279, § 2.
Ark. Code Ann. § 14-43-411 — AR Code / Title 14 / Chapter 43 / Subchapter 4 / Section 14-43-411
Council member vacancy in mayor-council form of government
Status: in_force

(a) (1) (A) Whenever a vacancy occurs in the office of council member in a city of the first class having a population of less than twenty thousand (20,000) according to the most recent federal decennial census, at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to elect by a majority vote of the remaining members elected to the council a council member to serve for the unexpired term. (B) (i) However, at least a quorum of the whole number of the city council shall remain in order to fill a vacancy. (ii) The election by the remaining members of the city council is not subject to veto by the mayor. (2) The person elected by the council shall be a resident of the ward where the vacancy occurs at the time of the vacancy. (b) When a vacancy occurs in any position of council member in a city having a population of twenty thousand (20,000) or more according to the most recent federal decennial census, a new council member shall be chosen in the following manner: (1) If the unexpired portion of the term of a council member exceeds one (1) year, at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to either elect by a majority vote of the remaining members elected to the council a council member to serve for the unexpired term or call for a special election to be held in accordance with § 7-11-101 to fill the vacancy; or (2) If the unexpired portion of the term of a council member is one (1) year or less, a successor shall be chosen by a majority vote of the members of the council. Acts 1943, No. 154, § 1; 1981, No. 303, § 1; A.S.A. 1947, § 19-1026; Acts 1997, No. 202, § 1; 2005, No. 2145, § 28; 2007, No. 1049, § 47; 2009, No. 185, § 2; 2009, No. 385, § 2; 2009, No. 1480, § 65.

(a) (1) (A) Whenever a vacancy occurs in the office of council member in a city of the first class having a population of less than twenty thousand (20,000) according to the most recent federal decennial census, at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to elect by a majority vote of the remaining members elected to the council a council member to serve for the unexpired term. (B) (i) However, at least a quorum of the whole number of the city council shall remain in order to fill a vacancy. (ii) The election by the remaining members of the city council is not subject to veto by the mayor. (2) The person elected by the council shall be a resident of the ward where the vacancy occurs at the time of the vacancy.

(1) (A) Whenever a vacancy occurs in the office of council member in a city of the first class having a population of less than twenty thousand (20,000) according to the most recent federal decennial census, at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to elect by a majority vote of the remaining members elected to the council a council member to serve for the unexpired term. (B) (i) However, at least a quorum of the whole number of the city council shall remain in order to fill a vacancy. (ii) The election by the remaining members of the city council is not subject to veto by the mayor.

(A) Whenever a vacancy occurs in the office of council member in a city of the first class having a population of less than twenty thousand (20,000) according to the most recent federal decennial census, at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to elect by a majority vote of the remaining members elected to the council a council member to serve for the unexpired term.

(B) (i) However, at least a quorum of the whole number of the city council shall remain in order to fill a vacancy. (ii) The election by the remaining members of the city council is not subject to veto by the mayor.

(i) However, at least a quorum of the whole number of the city council shall remain in order to fill a vacancy.

(ii) The election by the remaining members of the city council is not subject to veto by the mayor.

(2) The person elected by the council shall be a resident of the ward where the vacancy occurs at the time of the vacancy.

(b) When a vacancy occurs in any position of council member in a city having a population of twenty thousand (20,000) or more according to the most recent federal decennial census, a new council member shall be chosen in the following manner: (1) If the unexpired portion of the term of a council member exceeds one (1) year, at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to either elect by a majority vote of the remaining members elected to the council a council member to serve for the unexpired term or call for a special election to be held in accordance with § 7-11-101 to fill the vacancy; or (2) If the unexpired portion of the term of a council member is one (1) year or less, a successor shall be chosen by a majority vote of the members of the council.

(1) If the unexpired portion of the term of a council member exceeds one (1) year, at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to either elect by a majority vote of the remaining members elected to the council a council member to serve for the unexpired term or call for a special election to be held in accordance with § 7-11-101 to fill the vacancy; or

(2) If the unexpired portion of the term of a council member is one (1) year or less, a successor shall be chosen by a majority vote of the members of the council.

Acts 1943, No. 154, § 1; 1981, No. 303, § 1; A.S.A. 1947, § 19-1026; Acts 1997, No. 202, § 1; 2005, No. 2145, § 28; 2007, No. 1049, § 47; 2009, No. 185, § 2; 2009, No. 385, § 2; 2009, No. 1480, § 65.
Ark. Code Ann. § 14-272-301 — AR Code / Title 14 / Chapter 272 / Subchapter 3 / Section 14-272-301
Definitions
Status: in_force

As used in this subchapter, unless the context clearly expresses otherwise: (1) "Beneficiaries" means those persons or entities who have executed services agreements and who have paid and remain current in the payment of services availability fees to a fire department or fire departments that are recognized as providing firefighting services to the beneficiaries' property; (2) "Fire department" means any fire protection district, improvement district, subordinate service district, other governmental entity or volunteer, not-for-profit, rural, or other organization, or entity of any nature that is involved in the provision of firefighting services; (3) "Firefighting equipment" means all equipment, vehicles, improvements, and other real and personal property of every nature that might be used by a fire department in connection with the supplying of firefighting services, specifically including, without limitation, all fire trucks, lines, hoses, pumps, ladders, fire houses, office facilities, storage facilities, and other improvements of every nature; (4) "Firefighting services" means the provision of all services of whatever nature which might be utilized in connection with the extinguishing of fires and the preservation of life and real and personal property; (5) "Lenders" means those parties who extend funds or credit to fire departments for the purpose of acquiring, upgrading, leasing, accessing, or otherwise gaining the use and enjoyment of firefighting equipment, specifically including, without limitation, banks, savings associations, commercial lenders, indenture trustees, other lenders, or other parties of whatever nature who extend credit or financing to others; (6) "Nonbeneficiaries" means those persons or entities who have not executed a services agreement or who have not paid or are not current in the payment of services availability fees to a fire department or fire departments recognized as being capable of providing firefighting services to the property of the nonbeneficiaries; (7) "Services agreement" means a written agreement between a fire department and a beneficiary which shall address the following: (A) That period of time during which the services agreement shall be effective; (B) Provisions for the renewal of the services agreement for successive terms; (C) The dollar amount of that services availability fee which the beneficiary shall pay annually to the fire department in consideration for the provision by the fire department to the beneficiary of firefighting services, along with any provisions that the fire department may specify which allow for the installment payment of the annual services availability fee; (D) The manner in which the fire department might increase the services availability fee during the term of the services agreement; (E) An explanation of the nature and extent of the firefighting services which are offered by the fire department; and (F) Such other information as the fire department might specify and determine from time to time; and (8) "Services availability fee" means the annual fee that is charged by fire departments to beneficiaries in consideration for the provision of firefighting services, with it being understood that the fire department may set varying services availability fees dependent upon the square footage of real property improvements, property type and usage, or other criteria identified by the fire department. Acts 2001, No. 1725, § 2.

As used in this subchapter, unless the context clearly expresses otherwise:

(1) "Beneficiaries" means those persons or entities who have executed services agreements and who have paid and remain current in the payment of services availability fees to a fire department or fire departments that are recognized as providing firefighting services to the beneficiaries' property;

(2) "Fire department" means any fire protection district, improvement district, subordinate service district, other governmental entity or volunteer, not-for-profit, rural, or other organization, or entity of any nature that is involved in the provision of firefighting services;

(3) "Firefighting equipment" means all equipment, vehicles, improvements, and other real and personal property of every nature that might be used by a fire department in connection with the supplying of firefighting services, specifically including, without limitation, all fire trucks, lines, hoses, pumps, ladders, fire houses, office facilities, storage facilities, and other improvements of every nature;

(4) "Firefighting services" means the provision of all services of whatever nature which might be utilized in connection with the extinguishing of fires and the preservation of life and real and personal property;

(5) "Lenders" means those parties who extend funds or credit to fire departments for the purpose of acquiring, upgrading, leasing, accessing, or otherwise gaining the use and enjoyment of firefighting equipment, specifically including, without limitation, banks, savings associations, commercial lenders, indenture trustees, other lenders, or other parties of whatever nature who extend credit or financing to others;

(6) "Nonbeneficiaries" means those persons or entities who have not executed a services agreement or who have not paid or are not current in the payment of services availability fees to a fire department or fire departments recognized as being capable of providing firefighting services to the property of the nonbeneficiaries;

(7) "Services agreement" means a written agreement between a fire department and a beneficiary which shall address the following: (A) That period of time during which the services agreement shall be effective; (B) Provisions for the renewal of the services agreement for successive terms; (C) The dollar amount of that services availability fee which the beneficiary shall pay annually to the fire department in consideration for the provision by the fire department to the beneficiary of firefighting services, along with any provisions that the fire department may specify which allow for the installment payment of the annual services availability fee; (D) The manner in which the fire department might increase the services availability fee during the term of the services agreement; (E) An explanation of the nature and extent of the firefighting services which are offered by the fire department; and (F) Such other information as the fire department might specify and determine from time to time; and

(A) That period of time during which the services agreement shall be effective;

(B) Provisions for the renewal of the services agreement for successive terms;

(C) The dollar amount of that services availability fee which the beneficiary shall pay annually to the fire department in consideration for the provision by the fire department to the beneficiary of firefighting services, along with any provisions that the fire department may specify which allow for the installment payment of the annual services availability fee;

(D) The manner in which the fire department might increase the services availability fee during the term of the services agreement;

(E) An explanation of the nature and extent of the firefighting services which are offered by the fire department; and

(F) Such other information as the fire department might specify and determine from time to time; and

(8) "Services availability fee" means the annual fee that is charged by fire departments to beneficiaries in consideration for the provision of firefighting services, with it being understood that the fire department may set varying services availability fees dependent upon the square footage of real property improvements, property type and usage, or other criteria identified by the fire department.

Acts 2001, No. 1725, § 2.
Ark. Code Ann. § 14-169-1103 — AR Code / Title 14 / Chapter 169 / Subchapter 11 / Section 14-169-1103
Declaration of areas as targeted neighborhoods
Status: in_force

Any municipality may, upon fulfillment of the following requirements, declare an area of the municipality as a targeted neighborhood. There is no limit on the number of targeted neighborhoods that a municipality may create. Once a targeted neighborhood area has been designated, and a plan has been implemented, the municipality may take advantage of all the provisions of this subchapter. Acts 1997, No. 320, § 3.

Any municipality may, upon fulfillment of the following requirements, declare an area of the municipality as a targeted neighborhood. There is no limit on the number of targeted neighborhoods that a municipality may create. Once a targeted neighborhood area has been designated, and a plan has been implemented, the municipality may take advantage of all the provisions of this subchapter.

Acts 1997, No. 320, § 3.