Ark. Code Ann. § 14-120-328 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-328
Authority to borrow money and issue bonds - Purpose
Status: in_force

For the purpose of enabling the board of directors of any levee district, drainage district, or levee and drainage district to carry out the obligations imposed upon it by the act under which it was originally created and the obligations assumed by it for flood control and drainage works under the provisions of subchapter 2 of this chapter and amendments thereto, the board of directors of the levee district, drainage district, or levee and drainage district is authorized to borrow money and to that end may issue negotiable bonds or notes of the district. Acts 1961, No. 20, § 14; 1981, No. 425, § 27; A.S.A. 1947, § 21-852.

For the purpose of enabling the board of directors of any levee district, drainage district, or levee and drainage district to carry out the obligations imposed upon it by the act under which it was originally created and the obligations assumed by it for flood control and drainage works under the provisions of subchapter 2 of this chapter and amendments thereto, the board of directors of the levee district, drainage district, or levee and drainage district is authorized to borrow money and to that end may issue negotiable bonds or notes of the district.

Acts 1961, No. 20, § 14; 1981, No. 425, § 27; A.S.A. 1947, § 21-852.
Ark. Code Ann. § 14-88-602 — AR Code / Title 14 / Chapter 88 / Subchapter 6 / Section 14-88-602
Authority to wind up affairs
Status: in_force

In any and all municipal improvement districts which, at the time of their organization, had boundaries coextensive with the city or town in which they were located, which have paid their bonds and other obligations and have levied no tax for the past five (5) years, and which still hold title to lands purchased at foreclosure sale for delinquent taxes or have past due taxes owing, and the commissioners on the board of improvement of the district have no further duties to perform except the collection of delinquent taxes, the commissioners may proceed to wind up their affairs as set out in this subchapter. Acts 1945, No. 215, § 1; A.S.A. 1947, § 20-136.

In any and all municipal improvement districts which, at the time of their organization, had boundaries coextensive with the city or town in which they were located, which have paid their bonds and other obligations and have levied no tax for the past five (5) years, and which still hold title to lands purchased at foreclosure sale for delinquent taxes or have past due taxes owing, and the commissioners on the board of improvement of the district have no further duties to perform except the collection of delinquent taxes, the commissioners may proceed to wind up their affairs as set out in this subchapter.

Acts 1945, No. 215, § 1; A.S.A. 1947, § 20-136.
Ark. Code Ann. § 14-200-108 — AR Code / Title 14 / Chapter 200 / Section 14-200-108
Compensation and damages for purchase
Status: in_force

(a) Whenever the Arkansas Public Service Commission has been notified by either party that a municipality has, pursuant to law, decided to purchase a plant property or facilities of a public utility and that the parties to the purchase and sale have been unable to agree on just compensation to be paid and to be received, or any other terms and conditions of the sale, the commission shall thereupon proceed to set a time and place for a public hearing after thirty (30) days' notice to the utility and municipality upon the matters of the just compensation to be paid for the taking of the property of the public utility actually used and useful for the convenience of the public, and damages, if any, caused by the severance of the property purchased or to be purchased by the municipality, and of all other terms and conditions of the purchase and sale. (b) (1) Within a reasonable time after the time fixed for the hearings and notice, the commission shall by order fix, determine, and certify to the municipal council, to the public utility, and to any bondholders, mortgagees, and lienors of the utility appearing upon the hearing, the just compensation, and damages, if any, to be paid for the taking and severance of the property of the public utility used and useful for the convenience of the public, and all other terms and all conditions of sale and purchase which it shall ascertain to be reasonable, which terms and conditions shall constitute a compensation and damages, and terms and conditions, to be paid. (2) Upon the filing of the order by the commission with the clerk of the municipality, the municipality shall thereupon be obligated to make the payments and otherwise comply with the terms and conditions of the order in order to consummate the purchase. (c) Upon the consummation of the purchase, the public utility shall execute an instrument conveying the property purchased and so paid for. Acts 1935, No. 324, § 49; A.S.A. 1947, § 73-247.

(a) Whenever the Arkansas Public Service Commission has been notified by either party that a municipality has, pursuant to law, decided to purchase a plant property or facilities of a public utility and that the parties to the purchase and sale have been unable to agree on just compensation to be paid and to be received, or any other terms and conditions of the sale, the commission shall thereupon proceed to set a time and place for a public hearing after thirty (30) days' notice to the utility and municipality upon the matters of the just compensation to be paid for the taking of the property of the public utility actually used and useful for the convenience of the public, and damages, if any, caused by the severance of the property purchased or to be purchased by the municipality, and of all other terms and conditions of the purchase and sale.

(b) (1) Within a reasonable time after the time fixed for the hearings and notice, the commission shall by order fix, determine, and certify to the municipal council, to the public utility, and to any bondholders, mortgagees, and lienors of the utility appearing upon the hearing, the just compensation, and damages, if any, to be paid for the taking and severance of the property of the public utility used and useful for the convenience of the public, and all other terms and all conditions of sale and purchase which it shall ascertain to be reasonable, which terms and conditions shall constitute a compensation and damages, and terms and conditions, to be paid. (2) Upon the filing of the order by the commission with the clerk of the municipality, the municipality shall thereupon be obligated to make the payments and otherwise comply with the terms and conditions of the order in order to consummate the purchase.

(1) Within a reasonable time after the time fixed for the hearings and notice, the commission shall by order fix, determine, and certify to the municipal council, to the public utility, and to any bondholders, mortgagees, and lienors of the utility appearing upon the hearing, the just compensation, and damages, if any, to be paid for the taking and severance of the property of the public utility used and useful for the convenience of the public, and all other terms and all conditions of sale and purchase which it shall ascertain to be reasonable, which terms and conditions shall constitute a compensation and damages, and terms and conditions, to be paid.

(2) Upon the filing of the order by the commission with the clerk of the municipality, the municipality shall thereupon be obligated to make the payments and otherwise comply with the terms and conditions of the order in order to consummate the purchase.

(c) Upon the consummation of the purchase, the public utility shall execute an instrument conveying the property purchased and so paid for.

Acts 1935, No. 324, § 49; A.S.A. 1947, § 73-247.
Ark. Code Ann. § 14-62-105 — AR Code / Title 14 / Chapter 62 / Section 14-62-105
Reports and collections by receiver
Status: in_force

(a) Every six (6) months, a receiver for an extinct municipal corporation appointed under § 14-62-104 shall make to the circuit court of the Sixth Judicial District a clear and complete statement reflecting all moneys collected, all taxes collected and settled, and all taxes that remain to be collected and settled. (b) (1) The Department of Finance and Administration shall continue to administer and to collect as provided by law all sales and use taxes of the extinct municipal corporation. (2) The department shall remit collection of the taxes under subdivision (b)(1) of this section to the receiver appointed under § 14-62-104 . (c) (1) (A) At least one (1) time per month, the receiver shall pay into the State Treasury the whole sum collected or received from taxes. (B) The receiver shall distinguish the respective sources from which the moneys paid in are derived, reflecting what is collected from taxes for general purposes and what is collected for special purposes, and designating the general or special purpose, so that the moneys may be kept separate in the State Treasury. (2) (A) At least one (1) time per month, the receiver shall pay into a bank approved under § 19-8-105 the whole sum collected and received from any nontax revenue sources. (B) The receiver shall distinguish the respective sources from which the moneys paid in are derived, so that the moneys may be kept separate in the bank under subdivision (c)(2)(A) of this section. Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.

(a) Every six (6) months, a receiver for an extinct municipal corporation appointed under § 14-62-104 shall make to the circuit court of the Sixth Judicial District a clear and complete statement reflecting all moneys collected, all taxes collected and settled, and all taxes that remain to be collected and settled.

(b) (1) The Department of Finance and Administration shall continue to administer and to collect as provided by law all sales and use taxes of the extinct municipal corporation. (2) The department shall remit collection of the taxes under subdivision (b)(1) of this section to the receiver appointed under § 14-62-104 .

(1) The Department of Finance and Administration shall continue to administer and to collect as provided by law all sales and use taxes of the extinct municipal corporation.

(2) The department shall remit collection of the taxes under subdivision (b)(1) of this section to the receiver appointed under § 14-62-104 .

(c) (1) (A) At least one (1) time per month, the receiver shall pay into the State Treasury the whole sum collected or received from taxes. (B) The receiver shall distinguish the respective sources from which the moneys paid in are derived, reflecting what is collected from taxes for general purposes and what is collected for special purposes, and designating the general or special purpose, so that the moneys may be kept separate in the State Treasury. (2) (A) At least one (1) time per month, the receiver shall pay into a bank approved under § 19-8-105 the whole sum collected and received from any nontax revenue sources. (B) The receiver shall distinguish the respective sources from which the moneys paid in are derived, so that the moneys may be kept separate in the bank under subdivision (c)(2)(A) of this section.

(1) (A) At least one (1) time per month, the receiver shall pay into the State Treasury the whole sum collected or received from taxes. (B) The receiver shall distinguish the respective sources from which the moneys paid in are derived, reflecting what is collected from taxes for general purposes and what is collected for special purposes, and designating the general or special purpose, so that the moneys may be kept separate in the State Treasury.

(A) At least one (1) time per month, the receiver shall pay into the State Treasury the whole sum collected or received from taxes.

(B) The receiver shall distinguish the respective sources from which the moneys paid in are derived, reflecting what is collected from taxes for general purposes and what is collected for special purposes, and designating the general or special purpose, so that the moneys may be kept separate in the State Treasury.

(2) (A) At least one (1) time per month, the receiver shall pay into a bank approved under § 19-8-105 the whole sum collected and received from any nontax revenue sources. (B) The receiver shall distinguish the respective sources from which the moneys paid in are derived, so that the moneys may be kept separate in the bank under subdivision (c)(2)(A) of this section.

(A) At least one (1) time per month, the receiver shall pay into a bank approved under § 19-8-105 the whole sum collected and received from any nontax revenue sources.

(B) The receiver shall distinguish the respective sources from which the moneys paid in are derived, so that the moneys may be kept separate in the bank under subdivision (c)(2)(A) of this section.

Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 14-119-105 — AR Code / Title 14 / Chapter 119 / Section 14-119-105
Prenumbered checks
Status: repealed

(a) All disbursements of water improvement district funds, except as noted in § 14-119-106 , are to be made by prenumbered checks drawn upon the bank account of that district. Such checks shall be of the form normally provided by commercial banking institutions and shall contain as a minimum the following information: (1) Date of issue; (2) Check number; (3) Payee; (4) Amount both in numerical and written form; (5) Signature of authorized disbursing officer of the water improvement district. (b) The district shall maintain printers' certificates as to the numerical sequence of checks printed. Acts 1973, No. 211, § 5; A.S.A. 1947, § 21-2205.

(a) All disbursements of water improvement district funds, except as noted in § 14-119-106 , are to be made by prenumbered checks drawn upon the bank account of that district. Such checks shall be of the form normally provided by commercial banking institutions and shall contain as a minimum the following information: (1) Date of issue; (2) Check number; (3) Payee; (4) Amount both in numerical and written form; (5) Signature of authorized disbursing officer of the water improvement district.

(1) Date of issue;

(2) Check number;

(3) Payee;

(4) Amount both in numerical and written form;

(5) Signature of authorized disbursing officer of the water improvement district.

(b) The district shall maintain printers' certificates as to the numerical sequence of checks printed.

Acts 1973, No. 211, § 5; A.S.A. 1947, § 21-2205.
Ark. Code Ann. § 14-43-605 — AR Code / Title 14 / Chapter 43 / Subchapter 6 / Section 14-43-605
Alcoholic beverages
Status: in_force

No municipality may authorize the sale or consumption of alcoholic beverages. Acts 1971, No. 266, § 3; A.S.A. 1947, § 19-1044.

No municipality may authorize the sale or consumption of alcoholic beverages.

Acts 1971, No. 266, § 3; A.S.A. 1947, § 19-1044.
Ark. Code Ann. § 14-93-118 — AR Code / Title 14 / Chapter 93 / Section 14-93-118
Reassessment
Status: in_force

(a) The board may, not more often than once a year, require the assessor to reassess the benefits in the district. However, in the event the district shall have incurred any indebtedness or issued bonds, the total amount of assessed benefits shall never be diminished. (b) The reassessment shall be made, advertised, and equalized in the same manner as provided in this chapter for making the original assessment. Acts 1983, No. 613, § 9; A.S.A. 1947, § 20-2409.

(a) The board may, not more often than once a year, require the assessor to reassess the benefits in the district. However, in the event the district shall have incurred any indebtedness or issued bonds, the total amount of assessed benefits shall never be diminished.

(b) The reassessment shall be made, advertised, and equalized in the same manner as provided in this chapter for making the original assessment.

Acts 1983, No. 613, § 9; A.S.A. 1947, § 20-2409.
Ark. Code Ann. § 14-298-112 — AR Code / Title 14 / Chapter 298 / Section 14-298-112
Report of viewers - Contents
Status: in_force

Viewers shall make and sign a report in writing, stating: (1) Their opinion in favor of or against the establishment, alteration, or vacation of a road, or any part thereof, and set forth the reason for their opinion; (2) The commencement and termination, courses, and distances of the road, so that the road can be readily formed and located; (3) The value of the property sought to be appropriated for the establishment of the road; and (4) The amount of damages, if any, and to whom, which by them have been assessed and which would accrue by the establishing and opening of the road. Acts 1871, No. 26, § 52, p. 56; C. & M. Dig., § 5237; Pope's Dig., § 6952; A.S.A. 1947, § 76-911.

Viewers shall make and sign a report in writing, stating:

(1) Their opinion in favor of or against the establishment, alteration, or vacation of a road, or any part thereof, and set forth the reason for their opinion;

(2) The commencement and termination, courses, and distances of the road, so that the road can be readily formed and located;

(3) The value of the property sought to be appropriated for the establishment of the road; and

(4) The amount of damages, if any, and to whom, which by them have been assessed and which would accrue by the establishing and opening of the road.

Acts 1871, No. 26, § 52, p. 56; C. & M. Dig., § 5237; Pope's Dig., § 6952; A.S.A. 1947, § 76-911.
Ark. Code Ann. § 14-185-134 — AR Code / Title 14 / Chapter 185 / Section 14-185-134
Bonds - Tax exemption
Status: in_force

(a) Bonds issued under the provisions of this chapter shall be exempt from all state, county, and municipal taxes. (b) This exemption shall include income, inheritance, and estate taxes. Acts 1961, No. 439, § 12; A.S.A. 1947, § 21-1512.

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

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

Acts 1961, No. 439, § 12; A.S.A. 1947, § 21-1512.
Ark. Code Ann. § 14-186-305 — AR Code / Title 14 / Chapter 186 / Subchapter 3 / Section 14-186-305
Funding of facilities
Status: in_force

(a) Municipalities are authorized to use any available revenues for the accomplishment of the purposes and the implementation of the powers authorized by this subchapter, including the proceeds of revenue bonds issued from time to time pursuant to the provisions of this subchapter, either alone or together with other available funds and revenues. (b) The amount of each issue of bonds issued may be sufficient to pay: (1) The costs of accomplishing the purposes for which it is being issued; (2) The cost of issuing the bonds; (3) The amount necessary for a reserve if it is determined to be desirable in favorably marketing the bonds; (4) The amount, if any, necessary to provide for debt service on the bonds until revenues for the payment of them are available; and (5) Any other costs and expenditures of whatever nature incidental to the accomplishment of the specified purposes. Acts 1937, No. 231, § 3; Pope's Dig., § 9709; Acts 1947, No. 189, § 3; 1967, No. 69, § 1; 1970 (Ex. Sess.), No. 54, § 1; 1973, No. 87, § 2; A.S.A. 1947, § 19-2704.

(a) Municipalities are authorized to use any available revenues for the accomplishment of the purposes and the implementation of the powers authorized by this subchapter, including the proceeds of revenue bonds issued from time to time pursuant to the provisions of this subchapter, either alone or together with other available funds and revenues.

(b) The amount of each issue of bonds issued may be sufficient to pay: (1) The costs of accomplishing the purposes for which it is being issued; (2) The cost of issuing the bonds; (3) The amount necessary for a reserve if it is determined to be desirable in favorably marketing the bonds; (4) The amount, if any, necessary to provide for debt service on the bonds until revenues for the payment of them are available; and (5) Any other costs and expenditures of whatever nature incidental to the accomplishment of the specified purposes.

(1) The costs of accomplishing the purposes for which it is being issued;

(2) The cost of issuing the bonds;

(3) The amount necessary for a reserve if it is determined to be desirable in favorably marketing the bonds;

(4) The amount, if any, necessary to provide for debt service on the bonds until revenues for the payment of them are available; and

(5) Any other costs and expenditures of whatever nature incidental to the accomplishment of the specified purposes.

Acts 1937, No. 231, § 3; Pope's Dig., § 9709; Acts 1947, No. 189, § 3; 1967, No. 69, § 1; 1970 (Ex. Sess.), No. 54, § 1; 1973, No. 87, § 2; A.S.A. 1947, § 19-2704.
Ark. Code Ann. § 14-318-106 — AR Code / Title 14 / Chapter 318 / Section 14-318-106
District as body corporate
Status: in_force

Each district shall be a body corporate with power to sue and to be sued, and it shall have a corporate seal. Acts 1938 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 76-1404.

Each district shall be a body corporate with power to sue and to be sued, and it shall have a corporate seal.

Acts 1938 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 76-1404.
Ark. Code Ann. § 14-164-603 — AR Code / Title 14 / Chapter 164 / Subchapter 6 / Section 14-164-603
Authority generally
Status: in_force

(a) Any two (2) or three (3) contiguous counties in the state are authorized to enter into a compact where the participating counties agree to issue bonds, jointly or individually, under the provisions of Arkansas Constitution, Amendment 49 [repealed] or under the provisions of §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 and to use the proceeds of the bonds for the purpose of leasing or otherwise acquiring and repairing, maintaining, and operating, or leasing out for operation, an existing railroad within the participating counties. (b) (1) Any such compact shall be evidenced by an ordinance of the quorum court of each of the participating counties. (2) The ordinance shall identify and contain the terms of the compact, including the obligations of the particular county under the terms of the compact. (c) Any one (1) county in the State of Arkansas is authorized to provide rail service pursuant to this subchapter, and any such county ordinance shall be treated as a compact for purposes of this subchapter. Acts 1983, No. 322, § 1; A.S.A. 1947, § 13-1619.

(a) Any two (2) or three (3) contiguous counties in the state are authorized to enter into a compact where the participating counties agree to issue bonds, jointly or individually, under the provisions of Arkansas Constitution, Amendment 49 [repealed] or under the provisions of §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 and to use the proceeds of the bonds for the purpose of leasing or otherwise acquiring and repairing, maintaining, and operating, or leasing out for operation, an existing railroad within the participating counties.

(b) (1) Any such compact shall be evidenced by an ordinance of the quorum court of each of the participating counties. (2) The ordinance shall identify and contain the terms of the compact, including the obligations of the particular county under the terms of the compact.

(1) Any such compact shall be evidenced by an ordinance of the quorum court of each of the participating counties.

(2) The ordinance shall identify and contain the terms of the compact, including the obligations of the particular county under the terms of the compact.

(c) Any one (1) county in the State of Arkansas is authorized to provide rail service pursuant to this subchapter, and any such county ordinance shall be treated as a compact for purposes of this subchapter.

Acts 1983, No. 322, § 1; A.S.A. 1947, § 13-1619.
Ark. Code Ann. § 14-93-111 — AR Code / Title 14 / Chapter 93 / Section 14-93-111
Powers of districts generally
Status: in_force

(a) Any district, in aid to and furtherance of the purposes prescribed in § 14-93-110 , shall have the authority to hire managers and other employees and to pay their salaries incident to the operation and maintenance of any of the improvements authorized in this chapter. It shall also have the authority to acquire and purchase equipment and machinery incident to the operation and maintenance of such facilities and shall be further authorized to do any and all other actions which shall be deemed necessary in order to purchase, construct, accept as a gift, operate, and maintain any and all improvements authorized in this chapter. (b) Any district shall have the power to sell or lease any improvement owned by it to any adjacent or nearby municipality, or district therein or another improvement district within or near the county, to public service corporations serving on behalf of the property owners of the district, or to any other corporation, organization, or person, and may make contracts with the inhabitants of nearby municipalities, or it may operate any such improvement and may connect any such improvement with the improvements, systems, and transmission lines of any municipality or other district, and with respect to sewers, may carry its sewers to any proper outlet within or without the district. (c) Any district may accept as a gift any or all of the improvements and facilities authorized in this chapter upon the assumption of the maintenance and operation of the improvement and shall have the authority to effect the assessment of benefits and to levy the necessary tax against the assessment of benefits, as provided in this chapter, in order to provide the revenue for the costs of maintenance and operation. Acts 1983, No. 613, § 6; 1985, No. 296, § 4; A.S.A. 1947, § 20-2406.

(a) Any district, in aid to and furtherance of the purposes prescribed in § 14-93-110 , shall have the authority to hire managers and other employees and to pay their salaries incident to the operation and maintenance of any of the improvements authorized in this chapter. It shall also have the authority to acquire and purchase equipment and machinery incident to the operation and maintenance of such facilities and shall be further authorized to do any and all other actions which shall be deemed necessary in order to purchase, construct, accept as a gift, operate, and maintain any and all improvements authorized in this chapter.

(b) Any district shall have the power to sell or lease any improvement owned by it to any adjacent or nearby municipality, or district therein or another improvement district within or near the county, to public service corporations serving on behalf of the property owners of the district, or to any other corporation, organization, or person, and may make contracts with the inhabitants of nearby municipalities, or it may operate any such improvement and may connect any such improvement with the improvements, systems, and transmission lines of any municipality or other district, and with respect to sewers, may carry its sewers to any proper outlet within or without the district.

(c) Any district may accept as a gift any or all of the improvements and facilities authorized in this chapter upon the assumption of the maintenance and operation of the improvement and shall have the authority to effect the assessment of benefits and to levy the necessary tax against the assessment of benefits, as provided in this chapter, in order to provide the revenue for the costs of maintenance and operation.

Acts 1983, No. 613, § 6; 1985, No. 296, § 4; A.S.A. 1947, § 20-2406.
Ark. Code Ann. § 14-24-121 — AR Code / Title 14 / Chapter 24 / Subchapter 1 / Section 14-24-121
Electronic funds transfer system
Status: in_force

(a) A disbursement of county funds used for a payment to a federal or state governmental entity may be made by electronic funds transfer if the: (1) Claim has been submitted and approved through the county claim process; and (2) Disbursement includes adequate supporting documentation. (b) A disbursement of county funds used for a payment not provided under subsection (a) of this section may be made by electronic funds transfer if the quorum court of the county establishes by ordinance an electronic funds transfer system directly into payees' accounts in financial institutions in payment of any account allowed against the county. (c) (1) For purposes of this section, counties opting for the electronic funds transfer system shall establish written policies and procedures to ensure the electronic funds transfer system provides for internal accounting controls and documentation for audit and accounting purposes. (2) The electronic funds transfer system under this section shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the county. (d) A single electronic funds transfer may contain payments to multiple payees, appropriations, characters, and funds. Amended by Act 2021, No. 66,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 138,§ 1, eff. 7/24/2019. Acts 1997, No. 329, § 1; 2009, No. 500, § 2.

(a) A disbursement of county funds used for a payment to a federal or state governmental entity may be made by electronic funds transfer if the: (1) Claim has been submitted and approved through the county claim process; and (2) Disbursement includes adequate supporting documentation.

(1) Claim has been submitted and approved through the county claim process; and

(2) Disbursement includes adequate supporting documentation.

(b) A disbursement of county funds used for a payment not provided under subsection (a) of this section may be made by electronic funds transfer if the quorum court of the county establishes by ordinance an electronic funds transfer system directly into payees' accounts in financial institutions in payment of any account allowed against the county.

(c) (1) For purposes of this section, counties opting for the electronic funds transfer system shall establish written policies and procedures to ensure the electronic funds transfer system provides for internal accounting controls and documentation for audit and accounting purposes. (2) The electronic funds transfer system under this section shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the county.

(1) For purposes of this section, counties opting for the electronic funds transfer system shall establish written policies and procedures to ensure the electronic funds transfer system provides for internal accounting controls and documentation for audit and accounting purposes.

(2) The electronic funds transfer system under this section shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the county.

(d) A single electronic funds transfer may contain payments to multiple payees, appropriations, characters, and funds.

Amended by Act 2021, No. 66,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 138,§ 1, eff. 7/24/2019.

Acts 1997, No. 329, § 1; 2009, No. 500, § 2.
Ark. Code Ann. § 14-263-103 — AR Code / Title 14 / Chapter 263 / Section 14-263-103
Creation
Status: in_force

(a) There is created in each county in this state owning a county hospital a board of governors which shall be charged with the responsibility of the management, control, and operation of the county hospital as provided in this chapter. (b) (1) If there is more than one (1) county hospital in any one (1) county, the hospitals may be operated under the management and control of a single board of governors, or the quorum court of the county, if it so elects, may establish, by an appropriate ordinance, a board of governors of each county hospital. (2) The ordinance of the quorum court providing for a separate board of governors for each such hospital shall designate the county hospital over which each board shall have jurisdiction. (3) When the quorum court establishes a separate board of governors for each county hospital in the county, each board of governors shall be constituted, shall be appointed, and shall have the duties, powers, and responsibilities with reference to the county hospital over which it has jurisdiction as specified in this chapter. (c) The existence of a board of governors is no longer required once the county rather than the board of governors has leased the hospital facilities in accordance with § 14-263-106 . Acts 1977 (Ex. Sess.), No. 13, § 1; A.S.A. 1947, § 17-1501; Acts 2007, No. 561, § 1.

(a) There is created in each county in this state owning a county hospital a board of governors which shall be charged with the responsibility of the management, control, and operation of the county hospital as provided in this chapter.

(b) (1) If there is more than one (1) county hospital in any one (1) county, the hospitals may be operated under the management and control of a single board of governors, or the quorum court of the county, if it so elects, may establish, by an appropriate ordinance, a board of governors of each county hospital. (2) The ordinance of the quorum court providing for a separate board of governors for each such hospital shall designate the county hospital over which each board shall have jurisdiction. (3) When the quorum court establishes a separate board of governors for each county hospital in the county, each board of governors shall be constituted, shall be appointed, and shall have the duties, powers, and responsibilities with reference to the county hospital over which it has jurisdiction as specified in this chapter.

(1) If there is more than one (1) county hospital in any one (1) county, the hospitals may be operated under the management and control of a single board of governors, or the quorum court of the county, if it so elects, may establish, by an appropriate ordinance, a board of governors of each county hospital.

(2) The ordinance of the quorum court providing for a separate board of governors for each such hospital shall designate the county hospital over which each board shall have jurisdiction.

(3) When the quorum court establishes a separate board of governors for each county hospital in the county, each board of governors shall be constituted, shall be appointed, and shall have the duties, powers, and responsibilities with reference to the county hospital over which it has jurisdiction as specified in this chapter.

(c) The existence of a board of governors is no longer required once the county rather than the board of governors has leased the hospital facilities in accordance with § 14-263-106 .

Acts 1977 (Ex. Sess.), No. 13, § 1; A.S.A. 1947, § 17-1501; Acts 2007, No. 561, § 1.
Ark. Code Ann. § 14-15-901 — AR Code / Title 14 / Chapter 15 / Subchapter 9 / Section 14-15-901
Records - Multiple judicial districts
Status: in_force

(a) In counties having two (2) judicial districts, it shall be the duty of the county clerk to keep at each county site, in addition to the records now required by law to be kept, the following records: (1) Record of marks and brands; (2) Record of incorporations; (3) Record of estrays; (4) Record of advertisements and sale of delinquent lands; (5) Record of lands sold to the state; and (6) Record of lands sold to individuals. (b) It shall be the duty of the county courts of such counties to immediately purchase such records for the use of the various counties as are required by this section, and all other expenses made necessary by the provisions of this section shall be borne by the respective counties embraced in this section. (c) The provisions of this section shall not apply to Prairie, Woodruff, and Lawrence counties. Acts 1907, No. 190, §§ 1, 2, 7, p. 446; 1911, No. 94, § 1; 1919, No. 507, § 1; C. & M. Dig., §§ 2039, 2040, 8355, 8356, 8361; Pope's Dig., §§ 2586, 2587, 10951, 10952, 10957; A.S.A. 1947, §§ 16-301 -- 16-303.

(a) In counties having two (2) judicial districts, it shall be the duty of the county clerk to keep at each county site, in addition to the records now required by law to be kept, the following records: (1) Record of marks and brands; (2) Record of incorporations; (3) Record of estrays; (4) Record of advertisements and sale of delinquent lands; (5) Record of lands sold to the state; and (6) Record of lands sold to individuals.

(1) Record of marks and brands;

(2) Record of incorporations;

(3) Record of estrays;

(4) Record of advertisements and sale of delinquent lands;

(5) Record of lands sold to the state; and

(6) Record of lands sold to individuals.

(b) It shall be the duty of the county courts of such counties to immediately purchase such records for the use of the various counties as are required by this section, and all other expenses made necessary by the provisions of this section shall be borne by the respective counties embraced in this section.

(c) The provisions of this section shall not apply to Prairie, Woodruff, and Lawrence counties.

Acts 1907, No. 190, §§ 1, 2, 7, p. 446; 1911, No. 94, § 1; 1919, No. 507, § 1; C. & M. Dig., §§ 2039, 2040, 8355, 8356, 8361; Pope's Dig., §§ 2586, 2587, 10951, 10952, 10957; A.S.A. 1947, §§ 16-301 -- 16-303.
Ark. Code Ann. § 14-269-102 — AR Code / Title 14 / Chapter 269 / Subchapter 1 / Section 14-269-102
Construction
Status: in_force

(a) This subchapter shall be liberally construed to accomplish its purposes. (b) Nothing in this subchapter shall be construed to authorize any municipality to issue or sell revenue bonds, or use the proceeds of the bonds, to purchase or condemn a utility plant or distribution system owned or operated by a regulated public utility. Acts 1965, No. 486, §§ 14, 15; A.S.A. 1947, §§ 19-3644, 19-3645.

(a) This subchapter shall be liberally construed to accomplish its purposes.

(b) Nothing in this subchapter shall be construed to authorize any municipality to issue or sell revenue bonds, or use the proceeds of the bonds, to purchase or condemn a utility plant or distribution system owned or operated by a regulated public utility.

Acts 1965, No. 486, §§ 14, 15; A.S.A. 1947, §§ 19-3644, 19-3645.
Ark. Code Ann. § 14-140-203 — AR Code / Title 14 / Chapter 140 / Subchapter 2 / Section 14-140-203
Market authorities
Status: in_force

(a) The city council or other governing body of any city or incorporated town is authorized to create a market authority within its jurisdiction for the purpose of establishing public market facilities. (b) (1) The market authority shall consist of five (5) members. (2) The members shall be appointed by the mayor and approved by the council or other legislative body of the city creating the authority. These members shall be qualified electors residing in the city, incorporated town, or territory served by the market authority and cannot hold any elective office of the city, town, county, or state. (3) (A) The members of the authority shall be appointed for periods of one (1), two (2), three (3), four (4), and five (5) years respectively, so that the term of one (1) member shall expire each year after the creation of the authority. (B) Upon the termination of office of each member, his successor shall be appointed for a term of five (5) years and shall serve until his successor shall have been appointed and qualifies. (4) The members of the authority shall receive no compensation for their services. (c) (1) The authority shall have authority to employ such persons as it deems necessary in furtherance of its duties under this subchapter. (2) The employees authorized by this section shall be chosen by the members of the market authority of the respective city or town. Acts 1949, No. 300, §§ 3, 11; A.S.A. 1947, §§ 19-3306, 19-3314.

(a) The city council or other governing body of any city or incorporated town is authorized to create a market authority within its jurisdiction for the purpose of establishing public market facilities.

(b) (1) The market authority shall consist of five (5) members. (2) The members shall be appointed by the mayor and approved by the council or other legislative body of the city creating the authority. These members shall be qualified electors residing in the city, incorporated town, or territory served by the market authority and cannot hold any elective office of the city, town, county, or state. (3) (A) The members of the authority shall be appointed for periods of one (1), two (2), three (3), four (4), and five (5) years respectively, so that the term of one (1) member shall expire each year after the creation of the authority. (B) Upon the termination of office of each member, his successor shall be appointed for a term of five (5) years and shall serve until his successor shall have been appointed and qualifies. (4) The members of the authority shall receive no compensation for their services.

(1) The market authority shall consist of five (5) members.

(2) The members shall be appointed by the mayor and approved by the council or other legislative body of the city creating the authority. These members shall be qualified electors residing in the city, incorporated town, or territory served by the market authority and cannot hold any elective office of the city, town, county, or state.

(3) (A) The members of the authority shall be appointed for periods of one (1), two (2), three (3), four (4), and five (5) years respectively, so that the term of one (1) member shall expire each year after the creation of the authority. (B) Upon the termination of office of each member, his successor shall be appointed for a term of five (5) years and shall serve until his successor shall have been appointed and qualifies.

(A) The members of the authority shall be appointed for periods of one (1), two (2), three (3), four (4), and five (5) years respectively, so that the term of one (1) member shall expire each year after the creation of the authority.

(B) Upon the termination of office of each member, his successor shall be appointed for a term of five (5) years and shall serve until his successor shall have been appointed and qualifies.

(4) The members of the authority shall receive no compensation for their services.

(c) (1) The authority shall have authority to employ such persons as it deems necessary in furtherance of its duties under this subchapter. (2) The employees authorized by this section shall be chosen by the members of the market authority of the respective city or town.

(1) The authority shall have authority to employ such persons as it deems necessary in furtherance of its duties under this subchapter.

(2) The employees authorized by this section shall be chosen by the members of the market authority of the respective city or town.

Acts 1949, No. 300, §§ 3, 11; A.S.A. 1947, §§ 19-3306, 19-3314.
Ark. Code Ann. § 14-217-103 — AR Code / Title 14 / Chapter 217 / Section 14-217-103
Definitions
Status: in_force

As used in this chapter: (1) "Assessment secured bonds" means bonds described in and issued under the authority of § 14-217-109(b) ; (2) "Board of commissioners" or "board" means the board of commissioners, board of directors, board of improvement, or other governing board of a district; (3) "Bonds" means bonds issued under the authority of this chapter, whether assessment secured bonds or revenue bonds; (4) "City clerk" means city clerk, city recorder, town recorder, or other similar office hereafter created or established; (5) "Commissioner" means any member of a board of commissioners; (6) "Consolidated utility district" or "district" means any municipal improvement district created before March 19, 1975, pursuant to special act or general act, or created after March 19, 1975, pursuant to this chapter, for the purpose of constructing or operating and maintaining a consolidated utility system; (7) "Consolidated utility system", "consolidated system", or "system" means any system of public utilities together with any facilities related to or necessary or appropriate to the construction, operation, or maintenance consisting of: (A) A combined water system and sewer system; or (B) An electric system consolidated or combined with a water system or with a sewer system; (8) "Construct" or "construction" means to acquire, construct, reconstruct, extend, improve, install, or equip any system or portion thereof; (9) "Electric system" means any system for the production, generation, transmission, or delivery of electricity; (10) "Governing body" means the council, board of directors, commission, or other governing body of a municipality; (11) "Major utility facility" or "major facility" means any electric generating plant or bulk water supply facility and related necessary appurtenant land and land rights, substation, fuel, fuel handling and storage equipment, and similar necessary equipment; (12) "Municipality" means any city of the first class, city of the second class, or incorporated town; (13) "Person" means any natural person, firm, corporation, association, public agency located within or outside the State of Arkansas, or other legally recognized entity; (14) "Public utility corporation" means any public utility as defined in § 23-1-101 ; (15) "Revenue bonds" means bonds described in and under the authority of § 14-217-109(c) ; (16) "Sewer system" means any system for the collection, transmission, treatment, or disposal of liquid or solid industrial or domestic waste; and (17) "Water system" means any system for the acquisition, treatment, storage, transmission, or delivery of water. Amended by Act 2019, No. 383,§ 23, eff. 7/24/2019. Acts 1975, No. 490, § 3; A.S.A. 1947, § 20-1903; Acts 2007, No. 45, § 1; 2009, No. 163, § 6.

As used in this chapter:

(1) "Assessment secured bonds" means bonds described in and issued under the authority of § 14-217-109(b) ;

(2) "Board of commissioners" or "board" means the board of commissioners, board of directors, board of improvement, or other governing board of a district;

(3) "Bonds" means bonds issued under the authority of this chapter, whether assessment secured bonds or revenue bonds;

(4) "City clerk" means city clerk, city recorder, town recorder, or other similar office hereafter created or established;

(5) "Commissioner" means any member of a board of commissioners;

(6) "Consolidated utility district" or "district" means any municipal improvement district created before March 19, 1975, pursuant to special act or general act, or created after March 19, 1975, pursuant to this chapter, for the purpose of constructing or operating and maintaining a consolidated utility system;

(7) "Consolidated utility system", "consolidated system", or "system" means any system of public utilities together with any facilities related to or necessary or appropriate to the construction, operation, or maintenance consisting of: (A) A combined water system and sewer system; or (B) An electric system consolidated or combined with a water system or with a sewer system;

(A) A combined water system and sewer system; or

(B) An electric system consolidated or combined with a water system or with a sewer system;

(8) "Construct" or "construction" means to acquire, construct, reconstruct, extend, improve, install, or equip any system or portion thereof;

(9) "Electric system" means any system for the production, generation, transmission, or delivery of electricity;

(10) "Governing body" means the council, board of directors, commission, or other governing body of a municipality;

(11) "Major utility facility" or "major facility" means any electric generating plant or bulk water supply facility and related necessary appurtenant land and land rights, substation, fuel, fuel handling and storage equipment, and similar necessary equipment;

(12) "Municipality" means any city of the first class, city of the second class, or incorporated town;

(13) "Person" means any natural person, firm, corporation, association, public agency located within or outside the State of Arkansas, or other legally recognized entity;

(14) "Public utility corporation" means any public utility as defined in § 23-1-101 ;

(15) "Revenue bonds" means bonds described in and under the authority of § 14-217-109(c) ;

(16) "Sewer system" means any system for the collection, transmission, treatment, or disposal of liquid or solid industrial or domestic waste; and

(17) "Water system" means any system for the acquisition, treatment, storage, transmission, or delivery of water.

Amended by Act 2019, No. 383,§ 23, eff. 7/24/2019.

Acts 1975, No. 490, § 3; A.S.A. 1947, § 20-1903; Acts 2007, No. 45, § 1; 2009, No. 163, § 6.
Ark. Code Ann. § 14-123-602 — AR Code / Title 14 / Chapter 123 / Subchapter 6 / Section 14-123-602
Filing of petition
Status: in_force

(a) The board of commissioners or board of directors of a levee district subject to this subchapter, or not less than a majority of the property owners in the district determined either in number, in acreage, or in value of the lands of the district, if deemed inadvisable or impractical and not for the best interest of the property owners of the district to construct or continue the improvements contemplated by the organization of the district, may file a petition in the county court in which the original petition to create the district was filed, petitioning the court to abolish or dissolve the district. (b) In the petition, the commissioners or landowners filing the petition shall explain the reasons the district should be abolished or dissolved. Added by Act 2021, No. 266,§ 1, eff. 7/28/2021.

(a) The board of commissioners or board of directors of a levee district subject to this subchapter, or not less than a majority of the property owners in the district determined either in number, in acreage, or in value of the lands of the district, if deemed inadvisable or impractical and not for the best interest of the property owners of the district to construct or continue the improvements contemplated by the organization of the district, may file a petition in the county court in which the original petition to create the district was filed, petitioning the court to abolish or dissolve the district.

(b) In the petition, the commissioners or landowners filing the petition shall explain the reasons the district should be abolished or dissolved.

Added by Act 2021, No. 266,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-169-608 — AR Code / Title 14 / Chapter 169 / Subchapter 6 / Section 14-169-608
Bonds deemed legal investments
Status: in_force

Bonds or other obligations issued by a housing authority in connection with a redevelopment project pursuant to this subchapter shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations issued pursuant to the Housing Authorities Act, §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , and 14-169-804 , in connection with the development of slum clearance or housing projects. Acts 1945, No. 212, § 7; A.S.A. 1947, § 19-3062.

Bonds or other obligations issued by a housing authority in connection with a redevelopment project pursuant to this subchapter shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations issued pursuant to the Housing Authorities Act, §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , and 14-169-804 , in connection with the development of slum clearance or housing projects.

Acts 1945, No. 212, § 7; A.S.A. 1947, § 19-3062.
Ark. Code Ann. § 14-56-401 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-401
Construction
Status: in_force

This subchapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. Acts 1957, No. 186, § 8; A.S.A. 1947, § 19-2831.

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

Acts 1957, No. 186, § 8; A.S.A. 1947, § 19-2831.
Ark. Code Ann. § 14-282-101 — AR Code / Title 14 / Chapter 282 / Section 14-282-101
Purpose
Status: in_force

It is the purpose and intent of this chapter to: (1) Authorize the establishment and prescribe the procedure for the establishment of improvement districts for the purpose of providing ambulance services to residents of the districts; (2) Prescribe the procedure for assessing the property in the ambulance service improvement district to finance the services; and (3) Support emergency medical services and ambulance operations that are necessary to protect the health, safety, and welfare of the residents of the ambulance service improvement district. Amended by Act 2013, No. 1172,§ 1, eff. 8/16/2013. Acts 1975 (Extended Sess. 1976), No. 1221, § 1; A.S.A. 1947, § 20-2001; reen. Acts 1987, No. 1011, § 1.

It is the purpose and intent of this chapter to:

(1) Authorize the establishment and prescribe the procedure for the establishment of improvement districts for the purpose of providing ambulance services to residents of the districts;

(2) Prescribe the procedure for assessing the property in the ambulance service improvement district to finance the services; and

(3) Support emergency medical services and ambulance operations that are necessary to protect the health, safety, and welfare of the residents of the ambulance service improvement district.

Amended by Act 2013, No. 1172,§ 1, eff. 8/16/2013.

Acts 1975 (Extended Sess. 1976), No. 1221, § 1; A.S.A. 1947, § 20-2001; reen. Acts 1987, No. 1011, § 1.
Ark. Code Ann. § 14-55-501 — AR Code / Title 14 / Chapter 55 / Subchapter 5 / Section 14-55-501
Authority generally
Status: in_force

The town or city council in all cities or incorporated towns in this state are authorized and empowered to prohibit and punish any act, matter, or thing which the laws of this state make a misdemeanor. Acts 1891, No. 59, § 1, p. 96; 1897, No. 22, § 1, p. 29; C. & M. Dig., § 7496; Pope's Dig., § 9556; A.S.A. 1947, § 19-2410.

The town or city council in all cities or incorporated towns in this state are authorized and empowered to prohibit and punish any act, matter, or thing which the laws of this state make a misdemeanor.

Acts 1891, No. 59, § 1, p. 96; 1897, No. 22, § 1, p. 29; C. & M. Dig., § 7496; Pope's Dig., § 9556; A.S.A. 1947, § 19-2410.
Ark. Code Ann. § 14-40-1204 — AR Code / Title 14 / Chapter 40 / Subchapter 12 / Section 14-40-1204
Contest of election
Status: in_force

Any elector shall have the right to test the legality and fairness of the election and the declared results in a proceeding before the circuit court without being required to give bond for costs. However, no such contest shall interfere with the consolidation until finally decided. Acts 1913, No. 318, § 1; C. & M. Dig., § 7473; Pope's Dig., § 9506; A.S.A. 1947, § 19-312.

Any elector shall have the right to test the legality and fairness of the election and the declared results in a proceeding before the circuit court without being required to give bond for costs. However, no such contest shall interfere with the consolidation until finally decided.

Acts 1913, No. 318, § 1; C. & M. Dig., § 7473; Pope's Dig., § 9506; A.S.A. 1947, § 19-312.
Ark. Code Ann. § 14-14-1210 — AR Code / Title 14 / Chapter 14 / Subchapter 12 / Section 14-14-1210
Cost-of-living adjustment
Status: in_force

(a) Beginning January 1, 2011, and on each January 1 thereafter, three percent (3%) per annum shall be added to the minimum and maximum salaries and per diems of elected county officers as a cost-of- living adjustment. (b) Beginning January 1, 2016, and on each January 1 thereafter, three percent (3%) per annum shall be added to the maximum per diem compensation of justices of the peace as a cost-of-living adjustment. (c) Beginning September 1, 2010, and on each September 1 thereafter, the Association of Arkansas Counties shall provide each county and Arkansas Legislative Audit with a schedule of the minimum and maximum salaries and per diems of elected county officers and justices of the peace with the added cost-of-living adjustment for the following year. Amended by Act 2015, No. 942,§ 1, eff. 7/22/2015. Acts 2009, No. 320, § 3.

(a) Beginning January 1, 2011, and on each January 1 thereafter, three percent (3%) per annum shall be added to the minimum and maximum salaries and per diems of elected county officers as a cost-of- living adjustment.

(b) Beginning January 1, 2016, and on each January 1 thereafter, three percent (3%) per annum shall be added to the maximum per diem compensation of justices of the peace as a cost-of-living adjustment.

(c) Beginning September 1, 2010, and on each September 1 thereafter, the Association of Arkansas Counties shall provide each county and Arkansas Legislative Audit with a schedule of the minimum and maximum salaries and per diems of elected county officers and justices of the peace with the added cost-of-living adjustment for the following year.

Amended by Act 2015, No. 942,§ 1, eff. 7/22/2015.

Acts 2009, No. 320, § 3.
Ark. Code Ann. § 14-144-209 — AR Code / Title 14 / Chapter 144 / Subchapter 2 / Section 14-144-209
Acquisition of property
Status: in_force

(a) Whenever it is deemed necessary by a research park authority in connection with the exercise of its powers conferred in this chapter to take or acquire any lands, structures, buildings, or other rights, either in fee or as easements, for the purposes set forth in this chapter, the authority may purchase them directly or through its agents from the owners thereof, or failing to agree with the owners, the authority may exercise the power of eminent domain in accordance with the procedures set forth in this chapter, and these purposes are declared to be public uses for which private property may be taken with just compensation. (b) Should an authority elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the authority, and it may proceed in the manner provided in this chapter and the general laws of the State of Arkansas not in conflict with this chapter that are applicable to the procedure by any county, municipality, accredited institution of higher education, or other authority organized under the laws of the State of Arkansas. Acts 2007, No. 1045, § 1.

(a) Whenever it is deemed necessary by a research park authority in connection with the exercise of its powers conferred in this chapter to take or acquire any lands, structures, buildings, or other rights, either in fee or as easements, for the purposes set forth in this chapter, the authority may purchase them directly or through its agents from the owners thereof, or failing to agree with the owners, the authority may exercise the power of eminent domain in accordance with the procedures set forth in this chapter, and these purposes are declared to be public uses for which private property may be taken with just compensation.

(b) Should an authority elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the authority, and it may proceed in the manner provided in this chapter and the general laws of the State of Arkansas not in conflict with this chapter that are applicable to the procedure by any county, municipality, accredited institution of higher education, or other authority organized under the laws of the State of Arkansas.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-387-501 — AR Code / Title 14 / Chapter 387 / Subchapter 5 / Section 14-387-501
Authority and procedure generally
Status: in_force

(a) In any county in this state where any law has been enacted to restrain the running at large of horses, mules, asses, cattle, hogs, sheep, and goats, or any three (3) of these animals, by initiated local act, or otherwise, which includes the entire county, any political township in which no national or state highway or railroad traverses, and in which not more than fifteen percent (15%) of the lands within the township are improved or enclosed, a majority of the qualified electors of the political township may file, with the county court of the county, a petition showing good cause why the provisions of the local act should not be enforced, and that it would cause the inhabitants of the township great loss on account of being deprived of their ability to raise such livestock on unenclosed lands and the public range. (b) The electors shall, before presenting the petition to the court, give fifteen (15) days' notice, by publication in some newspaper published in the county, where the act has been adopted, of the date on which the petition will be filed and presented to the court, setting forth in the notice the reasons why the township and petitioners should be exempted from the act, then the court shall hear the petition and any remonstrance that may be filed against it. (c) If the court shall find, upon the hearing, that the requests of the petitioners to be exempt is reasonable, that not more than fifteen percent (15%) of the lands in the township are improved or enclosed, that the political township is not traversed by any national or state highway or railroads, and that the enforcement of any such local act would cause hardship and loss to the inhabitants of the township, and that it would cause no injury or injustice to the citizens of adjoining townships, then the court is empowered to enter an order exempting the residents of the township from the requirements, provisions, and penalties of such local act. Acts 1949, No. 204, § 1; A.S.A. 1947, § 78-1430.

(a) In any county in this state where any law has been enacted to restrain the running at large of horses, mules, asses, cattle, hogs, sheep, and goats, or any three (3) of these animals, by initiated local act, or otherwise, which includes the entire county, any political township in which no national or state highway or railroad traverses, and in which not more than fifteen percent (15%) of the lands within the township are improved or enclosed, a majority of the qualified electors of the political township may file, with the county court of the county, a petition showing good cause why the provisions of the local act should not be enforced, and that it would cause the inhabitants of the township great loss on account of being deprived of their ability to raise such livestock on unenclosed lands and the public range.

(b) The electors shall, before presenting the petition to the court, give fifteen (15) days' notice, by publication in some newspaper published in the county, where the act has been adopted, of the date on which the petition will be filed and presented to the court, setting forth in the notice the reasons why the township and petitioners should be exempted from the act, then the court shall hear the petition and any remonstrance that may be filed against it.

(c) If the court shall find, upon the hearing, that the requests of the petitioners to be exempt is reasonable, that not more than fifteen percent (15%) of the lands in the township are improved or enclosed, that the political township is not traversed by any national or state highway or railroads, and that the enforcement of any such local act would cause hardship and loss to the inhabitants of the township, and that it would cause no injury or injustice to the citizens of adjoining townships, then the court is empowered to enter an order exempting the residents of the township from the requirements, provisions, and penalties of such local act.

Acts 1949, No. 204, § 1; A.S.A. 1947, § 78-1430.
Ark. Code Ann. § 14-89-905 — AR Code / Title 14 / Chapter 89 / Subchapter 9 / Section 14-89-905
Depreciation and reserve accounts - Improvements
Status: in_force

(a) Before any expenditures as authorized by § 14-89-903 shall be made, the commissioners of a municipal improvement board shall provide from the operation of an electric power plant or waterworks system adequate depreciation and reserve accounts. (b) Adequate provisions shall also be made for such alterations, improvements, or extensions of the electric power plant or waterworks system as, in the judgment of the commissioners of the board, will be necessary during the ensuing year. Acts 1939, No. 208, § 3; A.S.A. 1947, § 20-211.

(a) Before any expenditures as authorized by § 14-89-903 shall be made, the commissioners of a municipal improvement board shall provide from the operation of an electric power plant or waterworks system adequate depreciation and reserve accounts.

(b) Adequate provisions shall also be made for such alterations, improvements, or extensions of the electric power plant or waterworks system as, in the judgment of the commissioners of the board, will be necessary during the ensuing year.

Acts 1939, No. 208, § 3; A.S.A. 1947, § 20-211.
Ark. Code Ann. § 14-40-203 — AR Code / Title 14 / Chapter 40 / Subchapter 2 / Section 14-40-203
Assignment of annexed territory to ward
Status: in_force

(a) When any territory shall have been annexed to any incorporated town or city, it may be, and it is, the duty of the town or city council of the incorporated town or city to attach and incorporate the annexed territory to and in one (1) or more wards of the incorporated town or city lying adjacent thereto, which may be done by ordinance duly passed by a majority of the members elected to the council. (b) The territory so assigned and attached to a ward shall immediately be considered and become a part thereof as fully as any other part of it. Acts 1887, No. 14, § 1, p. 17; C. & M. Dig., § 7470; Pope's Dig., § 9503; A.S.A. 1947, § 19-309.

(a) When any territory shall have been annexed to any incorporated town or city, it may be, and it is, the duty of the town or city council of the incorporated town or city to attach and incorporate the annexed territory to and in one (1) or more wards of the incorporated town or city lying adjacent thereto, which may be done by ordinance duly passed by a majority of the members elected to the council.

(b) The territory so assigned and attached to a ward shall immediately be considered and become a part thereof as fully as any other part of it.

Acts 1887, No. 14, § 1, p. 17; C. & M. Dig., § 7470; Pope's Dig., § 9503; A.S.A. 1947, § 19-309.
Ark. Code Ann. § 14-86-1402 — AR Code / Title 14 / Chapter 86 / Subchapter 14 / Section 14-86-1402
Construction
Status: in_force

Nothing in this subchapter shall be construed to modify or limit the rights of landowners to redeem lands sold for nonpayment of improvement district assessments as previously provided by law. Acts 1979, No. 628, § 2; A.S.A. 1947, § 20-1157.

Nothing in this subchapter shall be construed to modify or limit the rights of landowners to redeem lands sold for nonpayment of improvement district assessments as previously provided by law.

Acts 1979, No. 628, § 2; A.S.A. 1947, § 20-1157.
Ark. Code Ann. § 14-15-1101 — AR Code / Title 14 / Chapter 15 / Subchapter 11 / Section 14-15-1101
Peacekeeping duties and authority - Neglect of duty
Status: in_force

(a) Each constable shall be a conservator of the peace in his or her township and shall suppress all riots, affrays, fights, and unlawful assemblies, and shall keep the peace and cause offenders to be arrested and dealt with according to law. (b) If any offense cognizable before a district court in his or her township is committed in his or her presence, the constable shall immediately arrest the offender and cause him or her to be dealt with according to law. (c) Nothing in subsection (a) or subsection (b) of this section shall be construed to deprive a constable of authority to serve warrants, summons, writs, and other process as provided by law. (d) Nothing in this section shall prevent the fresh pursuit by a constable of a person suspected of having committed a supposed felony in his or her township, though no felony has actually been committed, if there are reasonable grounds for so believing. As used in this section, "fresh pursuit" shall not necessarily imply instant pursuit, but pursuit without unreasonable delay. (e) If it comes to the knowledge of any constable that an offense mentioned in this section has been committed in his or her township, it shall be the duty of the constable to present the offender to a district court in order that the offender may be arrested and brought to trial as prescribed by law. (f) If a constable fails, refuses, or neglects to perform the duties imposed upon him or her by this section, he or she shall be deemed guilty of a violation, and upon conviction, by indictment in the circuit court, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100). Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.

(a) Each constable shall be a conservator of the peace in his or her township and shall suppress all riots, affrays, fights, and unlawful assemblies, and shall keep the peace and cause offenders to be arrested and dealt with according to law.

(b) If any offense cognizable before a district court in his or her township is committed in his or her presence, the constable shall immediately arrest the offender and cause him or her to be dealt with according to law.

(c) Nothing in subsection (a) or subsection (b) of this section shall be construed to deprive a constable of authority to serve warrants, summons, writs, and other process as provided by law.

(d) Nothing in this section shall prevent the fresh pursuit by a constable of a person suspected of having committed a supposed felony in his or her township, though no felony has actually been committed, if there are reasonable grounds for so believing. As used in this section, "fresh pursuit" shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

(e) If it comes to the knowledge of any constable that an offense mentioned in this section has been committed in his or her township, it shall be the duty of the constable to present the offender to a district court in order that the offender may be arrested and brought to trial as prescribed by law.

(f) If a constable fails, refuses, or neglects to perform the duties imposed upon him or her by this section, he or she shall be deemed guilty of a violation, and upon conviction, by indictment in the circuit court, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100).

Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.
Ark. Code Ann. § 14-92-502 — AR Code / Title 14 / Chapter 92 / Subchapter 5 / Section 14-92-502
Water or sewer systems
Status: in_force

(a) In those cases where improvement districts have been organized under the suburban improvement district law, or any consolidation of suburban and municipal improvement districts, either for furnishing of water or sewer services, or both, and all, or any part, of it lies outside a municipality within the class affected by this subchapter which desires to operate it as a municipal waterworks or a municipal sewer system, the boards of commissioners of the suburban district, in order to secure more adequate service for the inhabitants within the district, shall have the authority to turn over to the municipality the operation and maintenance of the system. (b) (1) The municipality may issue revenue bonds, fix the rates for the services, and use the net revenues from the operation to pay the principal and interest and paying charges of its revenue bonds for payment and discharge of the outstanding bonds of the districts. (2) If the net revenues are not sufficient to prevent a default in the bonds or interest, a tax sufficient to produce enough revenue to cure the default shall be levied on the assessments of benefits in the districts. (3) Nothing in this section shall impair the rights of the holders of the outstanding bonds to demand and receive sufficient annual collections on the assessments of benefits to meet interest and principal payments as they become due. Acts 1959, No. 146, § 2; A.S.A. 1947, § 20-731.

(a) In those cases where improvement districts have been organized under the suburban improvement district law, or any consolidation of suburban and municipal improvement districts, either for furnishing of water or sewer services, or both, and all, or any part, of it lies outside a municipality within the class affected by this subchapter which desires to operate it as a municipal waterworks or a municipal sewer system, the boards of commissioners of the suburban district, in order to secure more adequate service for the inhabitants within the district, shall have the authority to turn over to the municipality the operation and maintenance of the system.

(b) (1) The municipality may issue revenue bonds, fix the rates for the services, and use the net revenues from the operation to pay the principal and interest and paying charges of its revenue bonds for payment and discharge of the outstanding bonds of the districts. (2) If the net revenues are not sufficient to prevent a default in the bonds or interest, a tax sufficient to produce enough revenue to cure the default shall be levied on the assessments of benefits in the districts. (3) Nothing in this section shall impair the rights of the holders of the outstanding bonds to demand and receive sufficient annual collections on the assessments of benefits to meet interest and principal payments as they become due.

(1) The municipality may issue revenue bonds, fix the rates for the services, and use the net revenues from the operation to pay the principal and interest and paying charges of its revenue bonds for payment and discharge of the outstanding bonds of the districts.

(2) If the net revenues are not sufficient to prevent a default in the bonds or interest, a tax sufficient to produce enough revenue to cure the default shall be levied on the assessments of benefits in the districts.

(3) Nothing in this section shall impair the rights of the holders of the outstanding bonds to demand and receive sufficient annual collections on the assessments of benefits to meet interest and principal payments as they become due.

Acts 1959, No. 146, § 2; A.S.A. 1947, § 20-731.
Ark. Code Ann. § 14-120-105 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-105
Funding and refunding indebtedness evidenced by bonds or certificates
Status: in_force

(a) Any and all levee and drainage improvement districts of this state, whether organized and created under general law or by special act of the General Assembly, shall have power to fund and refund their outstanding indebtedness including bonded indebtedness, certificates of indebtedness, and accrued matured interest on such indebtedness, and to extend the maturity of the indebtedness on such terms as the commissioners or directors of the districts shall deem for the best interest of the districts. To that end the commissioners or directors may issue the negotiable bonds of the districts, with interest coupons attached; these refunding bonds are to run for a period of not exceeding fifty (50) years from date of issue. (b) The commissioners or directors of the districts may exchange new bonds for outstanding bonds and certificates of indebtedness, including accrued matured interest coupons, or they may issue and sell new bonds and use the proceeds to take up any of the outstanding bonds or other indebtedness of the districts in the refunding thereof. (c) These refunding bonds shall not be issued in a greater amount than is necessary to pay the outstanding bonds and certificate of indebtedness and accrued interest coupons then being refunded, with interest to the date such new bonds are delivered plus expenses incurred in connection with the issuance of the new bonds. (d) The refunding bonds shall be negotiable instruments and may have coupons evidencing interest payable at annual or semiannual periods and shall have all the rights of security, including liens on assessments of benefits and levy of taxes on the lands, together with all remedies for their collection that are provided for the original bonds issued by the district. The refunding bonds may be further secured by a pledge and mortgage of the assessment of benefits and taxes in the district to be executed by the directors or commissioners. Acts 1931, No. 240, §§ 1, 2; Pope's Dig., §§ 11341, 11342; Acts 1981, No. 425, § 26; A.S.A. 1947, §§ 21-819, 21-820.

(a) Any and all levee and drainage improvement districts of this state, whether organized and created under general law or by special act of the General Assembly, shall have power to fund and refund their outstanding indebtedness including bonded indebtedness, certificates of indebtedness, and accrued matured interest on such indebtedness, and to extend the maturity of the indebtedness on such terms as the commissioners or directors of the districts shall deem for the best interest of the districts. To that end the commissioners or directors may issue the negotiable bonds of the districts, with interest coupons attached; these refunding bonds are to run for a period of not exceeding fifty (50) years from date of issue.

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

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

(d) The refunding bonds shall be negotiable instruments and may have coupons evidencing interest payable at annual or semiannual periods and shall have all the rights of security, including liens on assessments of benefits and levy of taxes on the lands, together with all remedies for their collection that are provided for the original bonds issued by the district. The refunding bonds may be further secured by a pledge and mortgage of the assessment of benefits and taxes in the district to be executed by the directors or commissioners.

Acts 1931, No. 240, §§ 1, 2; Pope's Dig., §§ 11341, 11342; Acts 1981, No. 425, § 26; A.S.A. 1947, §§ 21-819, 21-820.
Ark. Code Ann. § 14-169-315 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-315
Increase of area
Status: in_force

(a) The area of operation of a regional housing authority may be increased from time to time to include one (1) or more additional contiguous counties not already within a regional housing authority if the governing body of each of the counties then included in the area of operation of the regional housing authority, the commissioners of the regional housing authority, and the governing body of each additional county each adopt a resolution declaring that there is a need for the inclusion of the additional county in the area of operation of the regional housing authority. (b) Upon the adoption of these resolutions, the county housing authority created for each additional county shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as provided in this section. (c) The resolution shall not be adopted if there is a county housing authority created for any additional county which has any bonds or notes outstanding unless: (1) All holders of the bonds and notes consent, in writing, to the substitution of the regional housing authority in lieu of the county housing authority as the obligor on them; and (2) The commissioners of the county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations, and real and personal property of the county housing authority to the regional housing authority as provided in this section. (d) When the conditions of subsection (c) of this section are complied with and the area of operation of the regional housing authority is increased to include the additional county, as provided in this section: (1) All rights, contracts, agreements, obligations, and real and personal property of the county housing authority shall be in the name of and vest in the regional housing authority; (2) All obligations of the county housing authority shall be the obligations of the regional housing authority; and (3) All rights and remedies of any person against the county housing authority may be asserted, enforced, and prosecuted against the regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against the county housing authority. Acts 1943, No. 280, § 4; A.S.A. 1947, § 19-3040.

(a) The area of operation of a regional housing authority may be increased from time to time to include one (1) or more additional contiguous counties not already within a regional housing authority if the governing body of each of the counties then included in the area of operation of the regional housing authority, the commissioners of the regional housing authority, and the governing body of each additional county each adopt a resolution declaring that there is a need for the inclusion of the additional county in the area of operation of the regional housing authority.

(b) Upon the adoption of these resolutions, the county housing authority created for each additional county shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as provided in this section.

(c) The resolution shall not be adopted if there is a county housing authority created for any additional county which has any bonds or notes outstanding unless: (1) All holders of the bonds and notes consent, in writing, to the substitution of the regional housing authority in lieu of the county housing authority as the obligor on them; and (2) The commissioners of the county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations, and real and personal property of the county housing authority to the regional housing authority as provided in this section.

(1) All holders of the bonds and notes consent, in writing, to the substitution of the regional housing authority in lieu of the county housing authority as the obligor on them; and

(2) The commissioners of the county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations, and real and personal property of the county housing authority to the regional housing authority as provided in this section.

(d) When the conditions of subsection (c) of this section are complied with and the area of operation of the regional housing authority is increased to include the additional county, as provided in this section: (1) All rights, contracts, agreements, obligations, and real and personal property of the county housing authority shall be in the name of and vest in the regional housing authority; (2) All obligations of the county housing authority shall be the obligations of the regional housing authority; and (3) All rights and remedies of any person against the county housing authority may be asserted, enforced, and prosecuted against the regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against the county housing authority.

(1) All rights, contracts, agreements, obligations, and real and personal property of the county housing authority shall be in the name of and vest in the regional housing authority;

(2) All obligations of the county housing authority shall be the obligations of the regional housing authority; and

(3) All rights and remedies of any person against the county housing authority may be asserted, enforced, and prosecuted against the regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against the county housing authority.

Acts 1943, No. 280, § 4; A.S.A. 1947, § 19-3040.
Ark. Code Ann. § 14-20-102 — AR Code / Title 14 / Chapter 20 / Section 14-20-102
County funds for defense of indigents - Fees assessed
Status: in_force

(a) (1) There is hereby created on the books of the treasurer of each county in the state a fund to be used for the purpose of paying reasonable and necessary costs incurred in the defense of indigent persons accused of criminal offenses and in the representation of persons against whom involuntary admissions procedures for mental health or alcohol and narcotic commitments or criminal commitments have been brought, and for representation in civil and criminal matters of persons deemed incompetent by the court due to minority or mental incapacity, which have been brought in any circuit courts or city or county division of district courts, including, but not limited to, investigative expenses, expert witness fees, and legal fees. (2) Where there are adequate unappropriated moneys in this fund, the quorum court may also provide for the use of the funds for the purpose of defraying the cost of the juvenile division of circuit court. (3) Where there are adequate unappropriated moneys in this fund, the quorum court may also provide for the use of the funds for the purpose of defraying the cost of medical and dental costs incurred by the county for indigent defendants incarcerated in the county jail. (4) The quorum court is authorized to supplement the fund by additional appropriation from the county general fund, and expenditures from the fund shall be made in the manner and amounts prescribed by the quorum court. (b) In any county where a public defender commission has been established under §§ 16-87-101 - 16-87-112 [repealed], the amount to be paid for attorney fees, investigative costs, and other costs under subdivision (a)(1) of this section shall be determined in a manner prescribed by the quorum court acting with the advisory resolution of the public defender commission. Acts 1983, No. 695, §§ 1-3; A.S.A. 1947, §§ 17-456 -- 17-458; Acts 1987, No. 96, § 1; 1989, No. 406, §§ 1, 2; 1989 (3rd Ex. Sess.), No. 100, § 1; 1991, No. 904, §§ 4, 20; 1991, No. 1003, § 1; 1993, No. 1193, § 15; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4.

(a) (1) There is hereby created on the books of the treasurer of each county in the state a fund to be used for the purpose of paying reasonable and necessary costs incurred in the defense of indigent persons accused of criminal offenses and in the representation of persons against whom involuntary admissions procedures for mental health or alcohol and narcotic commitments or criminal commitments have been brought, and for representation in civil and criminal matters of persons deemed incompetent by the court due to minority or mental incapacity, which have been brought in any circuit courts or city or county division of district courts, including, but not limited to, investigative expenses, expert witness fees, and legal fees. (2) Where there are adequate unappropriated moneys in this fund, the quorum court may also provide for the use of the funds for the purpose of defraying the cost of the juvenile division of circuit court. (3) Where there are adequate unappropriated moneys in this fund, the quorum court may also provide for the use of the funds for the purpose of defraying the cost of medical and dental costs incurred by the county for indigent defendants incarcerated in the county jail. (4) The quorum court is authorized to supplement the fund by additional appropriation from the county general fund, and expenditures from the fund shall be made in the manner and amounts prescribed by the quorum court.

(1) There is hereby created on the books of the treasurer of each county in the state a fund to be used for the purpose of paying reasonable and necessary costs incurred in the defense of indigent persons accused of criminal offenses and in the representation of persons against whom involuntary admissions procedures for mental health or alcohol and narcotic commitments or criminal commitments have been brought, and for representation in civil and criminal matters of persons deemed incompetent by the court due to minority or mental incapacity, which have been brought in any circuit courts or city or county division of district courts, including, but not limited to, investigative expenses, expert witness fees, and legal fees.

(2) Where there are adequate unappropriated moneys in this fund, the quorum court may also provide for the use of the funds for the purpose of defraying the cost of the juvenile division of circuit court.

(3) Where there are adequate unappropriated moneys in this fund, the quorum court may also provide for the use of the funds for the purpose of defraying the cost of medical and dental costs incurred by the county for indigent defendants incarcerated in the county jail.

(4) The quorum court is authorized to supplement the fund by additional appropriation from the county general fund, and expenditures from the fund shall be made in the manner and amounts prescribed by the quorum court.

(b) In any county where a public defender commission has been established under §§ 16-87-101 - 16-87-112 [repealed], the amount to be paid for attorney fees, investigative costs, and other costs under subdivision (a)(1) of this section shall be determined in a manner prescribed by the quorum court acting with the advisory resolution of the public defender commission.

Acts 1983, No. 695, §§ 1-3; A.S.A. 1947, §§ 17-456 -- 17-458; Acts 1987, No. 96, § 1; 1989, No. 406, §§ 1, 2; 1989 (3rd Ex. Sess.), No. 100, § 1; 1991, No. 904, §§ 4, 20; 1991, No. 1003, § 1; 1993, No. 1193, § 15; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4.
Ark. Code Ann. § 14-42-119 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-119
Removal of certain elected municipal officials
Status: in_force

(a) A person who holds an elected office in a municipality for a term of four (4) years in a mayor-council form of government is subject to removal from the office by the electors qualified to vote for a successor of the incumbent. (b) The procedure for the removal of a person holding the office is as follows: (1) (A) When a petition requesting the removal of an officer under this section, signed by a number of qualified electors equal to twenty-five percent (25%), is filed with the county clerk, the county clerk shall determine the sufficiency of the petition within ten (10) days from the date of the filing. (B) A petition shall be filed by 12:00 noon not more than one hundred five (105) days nor less than ninety-one (91) days before the next general election following the election at which the officer was elected; (2) If the petition is deemed sufficient, the county clerk shall certify it to the county board of election commissioners; (3) At the election, the question shall be submitted to the qualified electors in substantially the following form: "FOR the removal of (name of officer) ............... from the office of (name of office) ...............[ ] AGAINST the removal of (name of officer) ............... from the office of (name of office) ...............[ ]"; and (4) (A) (i) If a majority of the qualified electors voting on the question at the election vote for the removal of the officer, a vacancy shall exist in the office. (ii) The officer shall vacate the office immediately upon certification of the election. (B) If a majority of the qualified electors voting on the question at the election vote against the removal of the officer, the officer shall continue to serve during the term for which he or she was elected. Acts 2009, No. 362, § 1; 2011, No. 1028, § 1; 2011, No. 1185, § 17.

(a) A person who holds an elected office in a municipality for a term of four (4) years in a mayor-council form of government is subject to removal from the office by the electors qualified to vote for a successor of the incumbent.

(b) The procedure for the removal of a person holding the office is as follows: (1) (A) When a petition requesting the removal of an officer under this section, signed by a number of qualified electors equal to twenty-five percent (25%), is filed with the county clerk, the county clerk shall determine the sufficiency of the petition within ten (10) days from the date of the filing. (B) A petition shall be filed by 12:00 noon not more than one hundred five (105) days nor less than ninety-one (91) days before the next general election following the election at which the officer was elected; (2) If the petition is deemed sufficient, the county clerk shall certify it to the county board of election commissioners; (3) At the election, the question shall be submitted to the qualified electors in substantially the following form: "FOR the removal of (name of officer) ............... from the office of (name of office) ...............[ ] AGAINST the removal of (name of officer) ............... from the office of (name of office) ...............[ ]"; and (4) (A) (i) If a majority of the qualified electors voting on the question at the election vote for the removal of the officer, a vacancy shall exist in the office. (ii) The officer shall vacate the office immediately upon certification of the election. (B) If a majority of the qualified electors voting on the question at the election vote against the removal of the officer, the officer shall continue to serve during the term for which he or she was elected.

(1) (A) When a petition requesting the removal of an officer under this section, signed by a number of qualified electors equal to twenty-five percent (25%), is filed with the county clerk, the county clerk shall determine the sufficiency of the petition within ten (10) days from the date of the filing. (B) A petition shall be filed by 12:00 noon not more than one hundred five (105) days nor less than ninety-one (91) days before the next general election following the election at which the officer was elected;

(A) When a petition requesting the removal of an officer under this section, signed by a number of qualified electors equal to twenty-five percent (25%), is filed with the county clerk, the county clerk shall determine the sufficiency of the petition within ten (10) days from the date of the filing.

(B) A petition shall be filed by 12:00 noon not more than one hundred five (105) days nor less than ninety-one (91) days before the next general election following the election at which the officer was elected;

(2) If the petition is deemed sufficient, the county clerk shall certify it to the county board of election commissioners;

(3) At the election, the question shall be submitted to the qualified electors in substantially the following form: "FOR the removal of (name of officer) ............... from the office of (name of office) ...............[ ] AGAINST the removal of (name of officer) ............... from the office of (name of office) ...............[ ]"; and

"FOR the removal of (name of officer) ............... from the office of (name of office) ...............[ ]

AGAINST the removal of (name of officer) ............... from the office of (name of office) ...............[ ]"; and

(4) (A) (i) If a majority of the qualified electors voting on the question at the election vote for the removal of the officer, a vacancy shall exist in the office. (ii) The officer shall vacate the office immediately upon certification of the election. (B) If a majority of the qualified electors voting on the question at the election vote against the removal of the officer, the officer shall continue to serve during the term for which he or she was elected.

(A) (i) If a majority of the qualified electors voting on the question at the election vote for the removal of the officer, a vacancy shall exist in the office. (ii) The officer shall vacate the office immediately upon certification of the election.

(i) If a majority of the qualified electors voting on the question at the election vote for the removal of the officer, a vacancy shall exist in the office.

(ii) The officer shall vacate the office immediately upon certification of the election.

(B) If a majority of the qualified electors voting on the question at the election vote against the removal of the officer, the officer shall continue to serve during the term for which he or she was elected.

Acts 2009, No. 362, § 1; 2011, No. 1028, § 1; 2011, No. 1185, § 17.
Ark. Code Ann. § 14-121-501 — AR Code / Title 14 / Chapter 121 / Subchapter 5 / Section 14-121-501
Applicability of sections 14-121-204 and 14-121-205
Status: in_force

The provisions of §§ 14-121-204 and 14-121-205 shall apply to the organization of a subdistrict the same as to the organization of the district. Acts 1913, No. 177, § 18; C. & M. Dig., § 3650; Pope's Dig., § 4501; A.S.A. 1947, § 21-509.

The provisions of §§ 14-121-204 and 14-121-205 shall apply to the organization of a subdistrict the same as to the organization of the district.

Acts 1913, No. 177, § 18; C. & M. Dig., § 3650; Pope's Dig., § 4501; A.S.A. 1947, § 21-509.
Ark. Code Ann. § 14-303-104 — AR Code / Title 14 / Chapter 303 / Subchapter 1 / Section 14-303-104
Tollway projects declared public properties - Ad valorem tax exemption
Status: in_force

All tollway projects, and all the properties thereof, are legislatively determined and declared to be public properties used exclusively for public purposes and the legislative intent is that tollway projects, and all properties thereof, shall be exempt from ad valorem taxes under and pursuant to the provisions of Arkansas Constitution, Article 16, Section 5. Acts 1968 (1st Ex. Sess.), No. 33, § 18; A.S.A. 1947, § 76-2618.

All tollway projects, and all the properties thereof, are legislatively determined and declared to be public properties used exclusively for public purposes and the legislative intent is that tollway projects, and all properties thereof, shall be exempt from ad valorem taxes under and pursuant to the provisions of Arkansas Constitution, Article 16, Section 5.

Acts 1968 (1st Ex. Sess.), No. 33, § 18; A.S.A. 1947, § 76-2618.
Ark. Code Ann. § 14-54-1409 — AR Code / Title 14 / Chapter 54 / Subchapter 14 / Section 14-54-1409
Rent control preemption
Status: in_force

(a) As used in this section, "local governmental unit" means a political subdivision of this state, including, but not limited to, a county, city, village, or township, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area. (b) A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. (c) This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest. Acts 1993, No. 545, §§ 1-3.

(a) As used in this section, "local governmental unit" means a political subdivision of this state, including, but not limited to, a county, city, village, or township, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area.

(b) A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.

(c) This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.

Acts 1993, No. 545, §§ 1-3.
Ark. Code Ann. § 14-54-205 — AR Code / Title 14 / Chapter 54 / Subchapter 2 / Section 14-54-205
Approval of state officer or agency
Status: in_force

(a) If any agreement made pursuant to this subchapter shall deal, in whole or in part, with the provisions of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having the power of control. The agreement shall be approved or disapproved by him or it, as to all matters within his or its jurisdiction, in the same manner and subject to the same requirements governing the action of the Attorney General as provided in § 14-54-204 . (b) This requirement of submission and approval shall be in addition to, and not in substitution for, the requirement of submission to, and approval by, the Attorney General. Acts 1965, No. 7, § 9; A.S.A. 1947, § 19-2345.

(a) If any agreement made pursuant to this subchapter shall deal, in whole or in part, with the provisions of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having the power of control. The agreement shall be approved or disapproved by him or it, as to all matters within his or its jurisdiction, in the same manner and subject to the same requirements governing the action of the Attorney General as provided in § 14-54-204 .

(b) This requirement of submission and approval shall be in addition to, and not in substitution for, the requirement of submission to, and approval by, the Attorney General.

Acts 1965, No. 7, § 9; A.S.A. 1947, § 19-2345.
Ark. Code Ann. § 14-186-209 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-209
Operation of terminal railroads
Status: in_force

(a) A municipal port authority shall have the power and authority to acquire, own, lease, locate, install, construct, equip, hold, maintain, control, and operate at harbors, ports, and river-rail and barge terminals a line of terminal railroads with necessary sidings, turn outs, spurs, branches, switches, yard tracks, bridges, trestles, and causeways; and in connection therewith and appurtenant thereto, shall have the further right to lease, install, construct, acquire, own, maintain, control, and use any and every kind or character of motive power and conveyances or appliances necessary or proper to carry passengers, goods, wares, and merchandise over, along, or upon the tracks of the railroads or other conveyances. (b) (1) The authority shall have the right and authority to make agreements as to scale of wages, seniority, and working conditions with locomotive engineers, locomotive firemen, switchmen, switch engine foremen, and hostlers engaged in the operation of the terminal railroads provided for in this section, and the service and equipment pertinent to them. (2) Should the authority exercise the power given in this section, then, in such event, it shall be the duty of the authority to make such agreements with the employees specified, in accordance with the act of Congress known as the Railway Labor Act, as amended, to the end that the same agreements as to seniority and working conditions will obtain as to the employees and that the standard rate of pay be provided, as are in force relative to like employees of interstate railroads operating in the same territory with terminal railroads authorized by this section. (c) The authority shall have the right and power with its terminal railroads to connect with or cross any other railroad upon payment of just compensation and to receive, deliver to, and transport the freight, passengers, and cars of common carrier railroads as though it were an ordinary common carrier. Acts 1947, No. 167, § 7; A.S.A. 1947, § 19-2726.

(a) A municipal port authority shall have the power and authority to acquire, own, lease, locate, install, construct, equip, hold, maintain, control, and operate at harbors, ports, and river-rail and barge terminals a line of terminal railroads with necessary sidings, turn outs, spurs, branches, switches, yard tracks, bridges, trestles, and causeways; and in connection therewith and appurtenant thereto, shall have the further right to lease, install, construct, acquire, own, maintain, control, and use any and every kind or character of motive power and conveyances or appliances necessary or proper to carry passengers, goods, wares, and merchandise over, along, or upon the tracks of the railroads or other conveyances.

(b) (1) The authority shall have the right and authority to make agreements as to scale of wages, seniority, and working conditions with locomotive engineers, locomotive firemen, switchmen, switch engine foremen, and hostlers engaged in the operation of the terminal railroads provided for in this section, and the service and equipment pertinent to them. (2) Should the authority exercise the power given in this section, then, in such event, it shall be the duty of the authority to make such agreements with the employees specified, in accordance with the act of Congress known as the Railway Labor Act, as amended, to the end that the same agreements as to seniority and working conditions will obtain as to the employees and that the standard rate of pay be provided, as are in force relative to like employees of interstate railroads operating in the same territory with terminal railroads authorized by this section.

(1) The authority shall have the right and authority to make agreements as to scale of wages, seniority, and working conditions with locomotive engineers, locomotive firemen, switchmen, switch engine foremen, and hostlers engaged in the operation of the terminal railroads provided for in this section, and the service and equipment pertinent to them.

(2) Should the authority exercise the power given in this section, then, in such event, it shall be the duty of the authority to make such agreements with the employees specified, in accordance with the act of Congress known as the Railway Labor Act, as amended, to the end that the same agreements as to seniority and working conditions will obtain as to the employees and that the standard rate of pay be provided, as are in force relative to like employees of interstate railroads operating in the same territory with terminal railroads authorized by this section.

(c) The authority shall have the right and power with its terminal railroads to connect with or cross any other railroad upon payment of just compensation and to receive, deliver to, and transport the freight, passengers, and cars of common carrier railroads as though it were an ordinary common carrier.

Acts 1947, No. 167, § 7; A.S.A. 1947, § 19-2726.
Ark. Code Ann. § 14-362-120 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-120
Acquisition of property
Status: in_force

Whenever it shall be deemed necessary by an authority, in connection with the exercise of its powers conferred in this chapter, to take or acquire any lands, structures, buildings, or other rights, either in fee or as easements, for the purposes set forth in this chapter, the authority may purchase them directly or through its agents from the owners thereof, or failing to agree with the owners, the authority may exercise the power of eminent domain in the manner provided for condemnation proceedings under §§ 14-358-101 , 14-358-102 , and 14-360-102 , and these purposes are declared to be public uses for which private property may be taken or damaged. Acts 1968 (1st Ex. Sess.), No. 17, § 12; A.S.A. 1947, § 74-227.

Whenever it shall be deemed necessary by an authority, in connection with the exercise of its powers conferred in this chapter, to take or acquire any lands, structures, buildings, or other rights, either in fee or as easements, for the purposes set forth in this chapter, the authority may purchase them directly or through its agents from the owners thereof, or failing to agree with the owners, the authority may exercise the power of eminent domain in the manner provided for condemnation proceedings under §§ 14-358-101 , 14-358-102 , and 14-360-102 , and these purposes are declared to be public uses for which private property may be taken or damaged.

Acts 1968 (1st Ex. Sess.), No. 17, § 12; A.S.A. 1947, § 74-227.
Ark. Code Ann. § 14-43-305 — AR Code / Title 14 / Chapter 43 / Subchapter 3 / Section 14-43-305
Mayors in mayor-council cities of less than 50,000
Status: in_force

(a) The qualified voters of cities of the first class having a population of less than fifty thousand (50,000) and having the mayor-council form of government, on the Tuesday following the first Monday in November of 1970 and every four (4) years thereafter, shall elect a mayor for four (4) years. (b) Incumbent mayors shall continue in office until their successors are elected and qualified. Acts 1965, No. 12, § 1; A.S.A. 1947, § 19-1002.4.

(a) The qualified voters of cities of the first class having a population of less than fifty thousand (50,000) and having the mayor-council form of government, on the Tuesday following the first Monday in November of 1970 and every four (4) years thereafter, shall elect a mayor for four (4) years.

(b) Incumbent mayors shall continue in office until their successors are elected and qualified.

Acts 1965, No. 12, § 1; A.S.A. 1947, § 19-1002.4.
Ark. Code Ann. § 14-285-105 — AR Code / Title 14 / Chapter 285 / Section 14-285-105
Release
Status: in_force

(a) In a municipal recreation improvement district which is composed of two (2) noncontiguous areas, one (1) of which lies outside the boundaries of the municipality, the separate area which is located outside the boundaries of the municipality shall be deemed to be released from the municipal recreation district if the area meets the criteria of this section. The release shall become effective October 13, 1993. However, if, before the release becomes effective, a majority of the landholders in the separate area file a petition with the district seeking to remain in the district, then the area shall not be released from the district. (b) To be eligible for release from the district, the following criteria must be met: (1) The area lies at least one (1) mile outside the boundaries of the municipality; (2) The municipal recreation improvement district has been in existence for at least ten (10) years; and (3) The municipal recreation improvement district does not have recreation facilities located in the area. (c) Upon the release of an area, any unpaid taxes assessed shall be forgiven. This section shall not be construed to require any municipal recreation improvement district to refund any taxes paid on property located in areas released from the district in accordance with this section. Acts 1993, No. 394, § 1.

(a) In a municipal recreation improvement district which is composed of two (2) noncontiguous areas, one (1) of which lies outside the boundaries of the municipality, the separate area which is located outside the boundaries of the municipality shall be deemed to be released from the municipal recreation district if the area meets the criteria of this section. The release shall become effective October 13, 1993. However, if, before the release becomes effective, a majority of the landholders in the separate area file a petition with the district seeking to remain in the district, then the area shall not be released from the district.

(b) To be eligible for release from the district, the following criteria must be met: (1) The area lies at least one (1) mile outside the boundaries of the municipality; (2) The municipal recreation improvement district has been in existence for at least ten (10) years; and (3) The municipal recreation improvement district does not have recreation facilities located in the area.

(1) The area lies at least one (1) mile outside the boundaries of the municipality;

(2) The municipal recreation improvement district has been in existence for at least ten (10) years; and

(3) The municipal recreation improvement district does not have recreation facilities located in the area.

(c) Upon the release of an area, any unpaid taxes assessed shall be forgiven. This section shall not be construed to require any municipal recreation improvement district to refund any taxes paid on property located in areas released from the district in accordance with this section.

Acts 1993, No. 394, § 1.
Ark. Code Ann. § 14-298-123 — AR Code / Title 14 / Chapter 298 / Section 14-298-123
Replacement of washed-out road
Status: in_force

(a) When any county road may be injured or destroyed by the washing of any lake, river, or creek, the judge of the county court shall be notified by any witness in writing of the nature and extent of the injury. (b) If the judge shall be satisfied that the road has been injured or destroyed to such extent as to inconvenience the traveling public, the judge shall appoint three (3) viewers. They may, if in their judgment it is necessary, take with them a competent surveyor and proceed to view and survey a new road upon such ground as will accommodate the traveling public. (c) The viewers shall determine the compensation to be allowed the owners of the property sought to be appropriated, at its true value, and the damages occasioned by the new road and shall make a report of their doings in the manner pointed out in this chapter as the duties of viewers of new roads. (d) Appeals may be taken from the appointment and orders of the judge and from the assessment allowed by the viewers as a jury to the owners of the property, in the manner provided by this chapter, within the time allowed by law, after the first regular term of the court thereafter held. (e) The appointment of viewers and order of the judge provided in this chapter shall be recorded in the records of the court. (f) The county court shall be governed in the reception, approving, and recording of the report of viewers, in all respects, as is prescribed in the case of new roads, except no notice of the destruction or injury to the road shall be required except as required by this section. (g) All costs, damages, and expenses arising under the provisions of this section shall be paid out of the county treasury on the warrant of the county clerk. Acts 1871, No. 26, § 59, p. 56; C. & M. Dig., § 5248; Pope's Dig., § 6967; A.S.A. 1947, § 76-919; Acts 2005, No. 1200, § 14.

(a) When any county road may be injured or destroyed by the washing of any lake, river, or creek, the judge of the county court shall be notified by any witness in writing of the nature and extent of the injury.

(b) If the judge shall be satisfied that the road has been injured or destroyed to such extent as to inconvenience the traveling public, the judge shall appoint three (3) viewers. They may, if in their judgment it is necessary, take with them a competent surveyor and proceed to view and survey a new road upon such ground as will accommodate the traveling public.

(c) The viewers shall determine the compensation to be allowed the owners of the property sought to be appropriated, at its true value, and the damages occasioned by the new road and shall make a report of their doings in the manner pointed out in this chapter as the duties of viewers of new roads.

(d) Appeals may be taken from the appointment and orders of the judge and from the assessment allowed by the viewers as a jury to the owners of the property, in the manner provided by this chapter, within the time allowed by law, after the first regular term of the court thereafter held.

(e) The appointment of viewers and order of the judge provided in this chapter shall be recorded in the records of the court.

(f) The county court shall be governed in the reception, approving, and recording of the report of viewers, in all respects, as is prescribed in the case of new roads, except no notice of the destruction or injury to the road shall be required except as required by this section.

(g) All costs, damages, and expenses arising under the provisions of this section shall be paid out of the county treasury on the warrant of the county clerk.

Acts 1871, No. 26, § 59, p. 56; C. & M. Dig., § 5248; Pope's Dig., § 6967; A.S.A. 1947, § 76-919; Acts 2005, No. 1200, § 14.
Ark. Code Ann. § 14-319-101 — AR Code / Title 14 / Chapter 319 / Section 14-319-101
Powers of county court - Organization of improvement districts
Status: in_force

(a) When a bridge is necessary over any stream, the county court is authorized to contract for the building and keeping the bridge in repair, and, when it shall be necessary, over any stream which divides one (1) county from another, the county court of each county shall join in the agreement and make contracts for building and keeping the bridge in repair. The cost thereof shall be defrayed by both counties, in such proportions as the county courts of the counties may agree upon, having due regard for the assessed value of the real estate and personal property in and the benefits to accrue to the people of each county. (b) When any bridge may be deemed necessary, authority is given to organize a bridge improvement district. The bridge improvement district, when organized, may issue bonds and proceed to sell and dispose of the bonds and construct the bridge. In the organization of the bridge improvement district, the district shall be organized in the manner and under the laws of the State of Arkansas as now provided for the organization of drainage districts, and all the procedures now provided by law for the organization of drainage districts shall apply to the organization of the bridge improvement district as fully and completely as if set out in this chapter. Acts 1873, No. 31, § 16, p. 53; 1907, No. 44, § 1, p. 110; C. & M. Dig., § 824; Acts 1935, No. 125, § 1; Pope's Dig., § 961; A.S.A. 1947, § 76-1501.

(a) When a bridge is necessary over any stream, the county court is authorized to contract for the building and keeping the bridge in repair, and, when it shall be necessary, over any stream which divides one (1) county from another, the county court of each county shall join in the agreement and make contracts for building and keeping the bridge in repair. The cost thereof shall be defrayed by both counties, in such proportions as the county courts of the counties may agree upon, having due regard for the assessed value of the real estate and personal property in and the benefits to accrue to the people of each county.

(b) When any bridge may be deemed necessary, authority is given to organize a bridge improvement district. The bridge improvement district, when organized, may issue bonds and proceed to sell and dispose of the bonds and construct the bridge. In the organization of the bridge improvement district, the district shall be organized in the manner and under the laws of the State of Arkansas as now provided for the organization of drainage districts, and all the procedures now provided by law for the organization of drainage districts shall apply to the organization of the bridge improvement district as fully and completely as if set out in this chapter.

Acts 1873, No. 31, § 16, p. 53; 1907, No. 44, § 1, p. 110; C. & M. Dig., § 824; Acts 1935, No. 125, § 1; Pope's Dig., § 961; A.S.A. 1947, § 76-1501.
Ark. Code Ann. § 14-144-104 — AR Code / Title 14 / Chapter 144 / Subchapter 1 / Section 14-144-104
Construction
Status: in_force

(a) This chapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purpose. (b) To this end: (1) It shall not be necessary to comply with the general provisions of other laws dealing with public facilities and their acquisition, construction, leasing, encumbering, or disposition, except to the extent provided for in § 14-206-101 et seq., § 14-207-101 et seq., and § 18-15-501 et seq.; and (2) Section 15-5-303 shall not apply. Acts 2007, No. 1045, § 1.

(a) This chapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purpose.

(b) To this end: (1) It shall not be necessary to comply with the general provisions of other laws dealing with public facilities and their acquisition, construction, leasing, encumbering, or disposition, except to the extent provided for in § 14-206-101 et seq., § 14-207-101 et seq., and § 18-15-501 et seq.; and (2) Section 15-5-303 shall not apply.

(1) It shall not be necessary to comply with the general provisions of other laws dealing with public facilities and their acquisition, construction, leasing, encumbering, or disposition, except to the extent provided for in § 14-206-101 et seq., § 14-207-101 et seq., and § 18-15-501 et seq.; and

(2) Section 15-5-303 shall not apply.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-87-105 — AR Code / Title 14 / Chapter 87 / Section 14-87-105
Implementation and expenses
Status: in_force

(a) The court in which the proceedings prescribed in this chapter are had shall provide such facilities and instrumentalities for effecting the purposes of the district as may be deemed advisable. (b) The necessary expenses shall be determined by the court and shall be borne by the taxing district involved. Acts 1927, No. 162, § 9; Pope's Dig., § 11330; A.S.A. 1947, § 20-1009.

(a) The court in which the proceedings prescribed in this chapter are had shall provide such facilities and instrumentalities for effecting the purposes of the district as may be deemed advisable.

(b) The necessary expenses shall be determined by the court and shall be borne by the taxing district involved.

Acts 1927, No. 162, § 9; Pope's Dig., § 11330; A.S.A. 1947, § 20-1009.
Ark. Code Ann. § 14-15-1105 — AR Code / Title 14 / Chapter 15 / Subchapter 11 / Section 14-15-1105
Continuance in office upon division of township
Status: in_force

If any township is divided, the constable in office at the time of the division shall continue in office and be constable of the township in which he or she resides. Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.

If any township is divided, the constable in office at the time of the division shall continue in office and be constable of the township in which he or she resides.

Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.
Ark. Code Ann. § 14-116-503 — AR Code / Title 14 / Chapter 116 / Subchapter 5 / Section 14-116-503
Expenses - Plan preparation, adoption, and approval
Status: in_force

All costs and expenses incurred in the preparation, adoption, and approval of an improvement plan shall be paid by the water district out of its general funds, but all such costs and expenses paid or otherwise incurred by the district, upon the approval of the improvement plan, shall be repaid to the general funds of the district out of the proceeds of the first taxes or other revenues collected by the district for carrying out the improvement plan; provided that nothing in this chapter shall authorize punitive assessments to be made against any landowner. Acts 1995, No. 838, § 7.

All costs and expenses incurred in the preparation, adoption, and approval of an improvement plan shall be paid by the water district out of its general funds, but all such costs and expenses paid or otherwise incurred by the district, upon the approval of the improvement plan, shall be repaid to the general funds of the district out of the proceeds of the first taxes or other revenues collected by the district for carrying out the improvement plan; provided that nothing in this chapter shall authorize punitive assessments to be made against any landowner.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-55-704 — AR Code / Title 14 / Chapter 55 / Subchapter 7 / Section 14-55-704
Amendment of municipal code authorized
Status: in_force

(a) A municipal code may be amended from time to time by ordinances duly enacted and published as required by law and passed in such form as to indicate the intention of the legislative body of the city to make them a part of the municipal code. (b) (1) When so passed, copies of the ordinances shall be inserted in the copies of the municipal code maintained by the city clerk or recorder, and the ordinances are a part of the municipal code and have the same force and effect as if included at the time of the original adoption of the municipal code. (2) Under this section, an amendment does not give an amended ordinance retroactive effect. Amended by Act 2021, No. 473,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 205,§ 3, eff. 7/24/2019. Acts 1961, No. 209, § 3; A.S.A. 1947, § 19-2426.

(a) A municipal code may be amended from time to time by ordinances duly enacted and published as required by law and passed in such form as to indicate the intention of the legislative body of the city to make them a part of the municipal code.

(b) (1) When so passed, copies of the ordinances shall be inserted in the copies of the municipal code maintained by the city clerk or recorder, and the ordinances are a part of the municipal code and have the same force and effect as if included at the time of the original adoption of the municipal code. (2) Under this section, an amendment does not give an amended ordinance retroactive effect.

(1) When so passed, copies of the ordinances shall be inserted in the copies of the municipal code maintained by the city clerk or recorder, and the ordinances are a part of the municipal code and have the same force and effect as if included at the time of the original adoption of the municipal code.

(2) Under this section, an amendment does not give an amended ordinance retroactive effect.

Amended by Act 2021, No. 473,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 205,§ 3, eff. 7/24/2019.

Acts 1961, No. 209, § 3; A.S.A. 1947, § 19-2426.
Ark. Code Ann. § 14-218-118 — AR Code / Title 14 / Chapter 218 / Section 14-218-118
School property subject to assessment
Status: in_force

The property of the public school districts within the limits of a district shall be subject to assessment for the local improvements made by a consolidated district beneficial thereto. The president or secretary of the district may sign the petition for making of the improvements, when authorized by the board of directors. Acts 1927, No. 350, § 31; Pope's Dig., § 7430; A.S.A. 1947, § 20-532.

The property of the public school districts within the limits of a district shall be subject to assessment for the local improvements made by a consolidated district beneficial thereto. The president or secretary of the district may sign the petition for making of the improvements, when authorized by the board of directors.

Acts 1927, No. 350, § 31; Pope's Dig., § 7430; A.S.A. 1947, § 20-532.
Ark. Code Ann. § 14-49-201 — AR Code / Title 14 / Chapter 49 / Subchapter 2 / Section 14-49-201
Appointment of members
Status: in_force

(a) The city council or governing body in cities which, according to the last federal census taken, have a population of seventy-five thousand (75,000) or over shall name by ordinance three (3) citizens of its respective cities as a board of civil service commissioners. (b) The commissioners shall hold office as follows: (1) One until the first Monday in April of the second year after his or her appointment; (2) One until the first Monday in April of the fourth year after his or her appointment; and (3) One until the first Monday in April of the sixth year after his or her appointment. Acts 1937, No. 322, § 1; A.S.A. 1947, § 19-1301.

(a) The city council or governing body in cities which, according to the last federal census taken, have a population of seventy-five thousand (75,000) or over shall name by ordinance three (3) citizens of its respective cities as a board of civil service commissioners.

(b) The commissioners shall hold office as follows: (1) One until the first Monday in April of the second year after his or her appointment; (2) One until the first Monday in April of the fourth year after his or her appointment; and (3) One until the first Monday in April of the sixth year after his or her appointment.

(1) One until the first Monday in April of the second year after his or her appointment;

(2) One until the first Monday in April of the fourth year after his or her appointment; and

(3) One until the first Monday in April of the sixth year after his or her appointment.

Acts 1937, No. 322, § 1; A.S.A. 1947, § 19-1301.
Ark. Code Ann. § 14-201-304 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-304
Notice of election
Status: in_force

Within five (5) days after the filing of the petition, the county board of election commissioners shall call an election to be held in the city or town at a time not less than thirty (30) days nor more than sixty (60) days from the date of the filing of the petition. The board shall give due notice thereof by publication in some newspaper published in the city or town, weekly for two (2) weeks, stating in the notice the time and place where the election will be held and the purpose thereof; and the election may be held at any place in the city or town designated by the board whether the place be within or without the boundaries of the improvement district or districts. If no newspaper is published in the city or town, notice of the election shall be given by printed notices posted at ten (10) public places therein for more than twenty (20) days prior to the election. Acts 1939, No. 95, § 6; A.S.A. 1947, § 19-4006.

Within five (5) days after the filing of the petition, the county board of election commissioners shall call an election to be held in the city or town at a time not less than thirty (30) days nor more than sixty (60) days from the date of the filing of the petition. The board shall give due notice thereof by publication in some newspaper published in the city or town, weekly for two (2) weeks, stating in the notice the time and place where the election will be held and the purpose thereof; and the election may be held at any place in the city or town designated by the board whether the place be within or without the boundaries of the improvement district or districts. If no newspaper is published in the city or town, notice of the election shall be given by printed notices posted at ten (10) public places therein for more than twenty (20) days prior to the election.

Acts 1939, No. 95, § 6; A.S.A. 1947, § 19-4006.
Ark. Code Ann. § 14-234-404 — AR Code / Title 14 / Chapter 234 / Subchapter 4 / Section 14-234-404
Summons and prosecution for offense
Status: in_force

(a) Wardens may issue a special summons returnable to the municipal court of the municipality owning the waterworks system. The summons shall specify the date of the offense and the law or the number of the rule or regulation violated. (b) The original of the summons shall be retained by the warden. A copy shall be delivered to the offender and two (2) copies delivered to the clerk of the municipal court within ten (10) days after issuance of the summons. (c) The clerk of the court shall insert the date of hearing on one (1) copy of the summons and the copy shall be served on the offender by regular mail or may be served in person by the warden or by any other person authorized by law to serve processes. (d) It shall be the duty of the prosecuting attorney of the county where the municipality is located to prosecute offenders. Acts 1959, No. 204, § 7; A.S.A. 1947, § 19-4237.

(a) Wardens may issue a special summons returnable to the municipal court of the municipality owning the waterworks system. The summons shall specify the date of the offense and the law or the number of the rule or regulation violated.

(b) The original of the summons shall be retained by the warden. A copy shall be delivered to the offender and two (2) copies delivered to the clerk of the municipal court within ten (10) days after issuance of the summons.

(c) The clerk of the court shall insert the date of hearing on one (1) copy of the summons and the copy shall be served on the offender by regular mail or may be served in person by the warden or by any other person authorized by law to serve processes.

(d) It shall be the duty of the prosecuting attorney of the county where the municipality is located to prosecute offenders.

Acts 1959, No. 204, § 7; A.S.A. 1947, § 19-4237.
Ark. Code Ann. § 14-316-108 — AR Code / Title 14 / Chapter 316 / Subchapter 1 / Section 14-316-108
Road and school district boundaries to be coextensive
Status: in_force

When any road district in the State of Arkansas dissects any school district in this state wherein the lands and property of a majority of the property owners in the school district lie in an adjoining road district but in the same school district, the boundary lines of the road district so dissecting shall follow and be the same as the boundary lines of the school district. Acts 1939, No. 74, § 1; A.S.A. 1947, § 76-1216.

When any road district in the State of Arkansas dissects any school district in this state wherein the lands and property of a majority of the property owners in the school district lie in an adjoining road district but in the same school district, the boundary lines of the road district so dissecting shall follow and be the same as the boundary lines of the school district.

Acts 1939, No. 74, § 1; A.S.A. 1947, § 76-1216.
Ark. Code Ann. § 14-322-105 — AR Code / Title 14 / Chapter 322 / Section 14-322-105
Hearing - Publication - Effect of ruling
Status: in_force

(a) At the time and place stated in the notice, the governing body of the municipality shall meet and hear all owners of real property in the proposed district who wish to be heard on the question of whether the petitions contain the signatures of a majority in value of the real property owners in the district. It shall make a finding and ruling as to whether the petitions contain the signatures of a majority in value of the real property owners and shall publish the finding one (1) time in a newspaper of general circulation in the municipality. (b) The finding and ruling of the governing body of the municipality with respect to the sufficiency of the petitions shall be final and conclusive unless questioned by action filed in the chancery court of the county in which the municipality is located within thirty (30) days after the date of publication of the finding. (1) If the governing body of the municipality determines that the petitions and signatures thereon are sufficient, it shall proceed to establish the proposed district by ordinance. The governing body of the municipality shall, by virtue of their offices, constitute a board of commissioners to make the assessments and carry out the improvements provided for in the ordinance. After the board of commissioners determines the amount of the initial proposed assessment of benefits, and prior to levying the benefits, the initial petition shall once again be presented to the governing body of the city or town and that governing body shall ascertain whether persons who would be liable for a majority of the assessed benefits proposed to be levied had signed the original petition for formation. (2) If the municipal governing body determines that petitions and signatures are insufficient, then the assessments may not be levied until enough additional signatures of property owners within the boundaries of the proposed district are obtained on the petition so that persons who would be liable for more than fifty percent (50%) of the assessed benefits have signed the formation petition. When the petition is deemed adequate in that respect, the assessed benefits shall be levied, and the assessment shall continue annually for five (5) years and thereafter reassessments may occur as otherwise provided by law. Acts 1967, No. 251, § 3; 1983, No. 735, § 2; A.S.A. 1947, § 20-1503.

(a) At the time and place stated in the notice, the governing body of the municipality shall meet and hear all owners of real property in the proposed district who wish to be heard on the question of whether the petitions contain the signatures of a majority in value of the real property owners in the district. It shall make a finding and ruling as to whether the petitions contain the signatures of a majority in value of the real property owners and shall publish the finding one (1) time in a newspaper of general circulation in the municipality.

(b) The finding and ruling of the governing body of the municipality with respect to the sufficiency of the petitions shall be final and conclusive unless questioned by action filed in the chancery court of the county in which the municipality is located within thirty (30) days after the date of publication of the finding. (1) If the governing body of the municipality determines that the petitions and signatures thereon are sufficient, it shall proceed to establish the proposed district by ordinance. The governing body of the municipality shall, by virtue of their offices, constitute a board of commissioners to make the assessments and carry out the improvements provided for in the ordinance. After the board of commissioners determines the amount of the initial proposed assessment of benefits, and prior to levying the benefits, the initial petition shall once again be presented to the governing body of the city or town and that governing body shall ascertain whether persons who would be liable for a majority of the assessed benefits proposed to be levied had signed the original petition for formation. (2) If the municipal governing body determines that petitions and signatures are insufficient, then the assessments may not be levied until enough additional signatures of property owners within the boundaries of the proposed district are obtained on the petition so that persons who would be liable for more than fifty percent (50%) of the assessed benefits have signed the formation petition. When the petition is deemed adequate in that respect, the assessed benefits shall be levied, and the assessment shall continue annually for five (5) years and thereafter reassessments may occur as otherwise provided by law.

(1) If the governing body of the municipality determines that the petitions and signatures thereon are sufficient, it shall proceed to establish the proposed district by ordinance. The governing body of the municipality shall, by virtue of their offices, constitute a board of commissioners to make the assessments and carry out the improvements provided for in the ordinance. After the board of commissioners determines the amount of the initial proposed assessment of benefits, and prior to levying the benefits, the initial petition shall once again be presented to the governing body of the city or town and that governing body shall ascertain whether persons who would be liable for a majority of the assessed benefits proposed to be levied had signed the original petition for formation.

(2) If the municipal governing body determines that petitions and signatures are insufficient, then the assessments may not be levied until enough additional signatures of property owners within the boundaries of the proposed district are obtained on the petition so that persons who would be liable for more than fifty percent (50%) of the assessed benefits have signed the formation petition. When the petition is deemed adequate in that respect, the assessed benefits shall be levied, and the assessment shall continue annually for five (5) years and thereafter reassessments may occur as otherwise provided by law.

Acts 1967, No. 251, § 3; 1983, No. 735, § 2; A.S.A. 1947, § 20-1503.
Ark. Code Ann. § 14-298-125 — AR Code / Title 14 / Chapter 298 / Section 14-298-125
Federal authority
Status: in_force

(a) The county court of each county in the State of Arkansas is authorized to grant the United States of America the right to close, inundate, destroy, relocate, alter, or appropriate any county highway in the county in connection with the construction, development, operation, or maintenance of any flood control or other public project being constructed, operated, developed, or maintained by the United States of America, upon such terms and conditions and for such consideration as the county court may determine to be just and proper. (b) The county court of each county of the State of Arkansas shall have power to execute any and all contracts, deeds, easements, and other instruments of conveyance as may be required in or convenient to the exercise of the powers granted in this section. Acts 1949, No. 181, §§ 1, 2; A.S.A. 1947, §§ 76-924, 76-925.

(a) The county court of each county in the State of Arkansas is authorized to grant the United States of America the right to close, inundate, destroy, relocate, alter, or appropriate any county highway in the county in connection with the construction, development, operation, or maintenance of any flood control or other public project being constructed, operated, developed, or maintained by the United States of America, upon such terms and conditions and for such consideration as the county court may determine to be just and proper.

(b) The county court of each county of the State of Arkansas shall have power to execute any and all contracts, deeds, easements, and other instruments of conveyance as may be required in or convenient to the exercise of the powers granted in this section.

Acts 1949, No. 181, §§ 1, 2; A.S.A. 1947, §§ 76-924, 76-925.
Ark. Code Ann. § 14-57-609 — AR Code / Title 14 / Chapter 57 / Subchapter 6 / Section 14-57-609
Default in payment of bonds
Status: in_force

(a) If there is a default in the payment of the principal of, or interest on, any of the revenue bonds authorized by this subchapter, any court having jurisdiction, in any proper action, may appoint a receiver to take charge of and operate the parking meters, with power to charge and collect rates sufficient to provide for the payment of the bonds, and interest thereon, after providing for the payment, if any, of the operating expenses of the property, and to apply the income and revenues derived from the property in conformity with this subchapter and the ordinance providing for the issuance of the bonds. (b) When the default has been cured, the receivership shall be ended. (c) This suit may be brought by the holder of any bond issued under the provisions of this subchapter or of any coupon representing interest accrued thereon. Acts 1951, No. 269, § 7; A.S.A. 1947, § 19-3529.

(a) If there is a default in the payment of the principal of, or interest on, any of the revenue bonds authorized by this subchapter, any court having jurisdiction, in any proper action, may appoint a receiver to take charge of and operate the parking meters, with power to charge and collect rates sufficient to provide for the payment of the bonds, and interest thereon, after providing for the payment, if any, of the operating expenses of the property, and to apply the income and revenues derived from the property in conformity with this subchapter and the ordinance providing for the issuance of the bonds.

(b) When the default has been cured, the receivership shall be ended.

(c) This suit may be brought by the holder of any bond issued under the provisions of this subchapter or of any coupon representing interest accrued thereon.

Acts 1951, No. 269, § 7; A.S.A. 1947, § 19-3529.
Ark. Code Ann. § 14-163-214 — AR Code / Title 14 / Chapter 163 / Subchapter 2 / Section 14-163-214
Bonds - Conversion
Status: in_force

Bonds issued under this subchapter may be sold with the privilege of conversion to an issue bearing a lower rate or rates of interest, upon such terms and subject to such conditions as the governing body of the city shall determine. However, under no circumstances shall the city receive less or pay more than it would receive and pay if the bonds were not converted, and any conversion shall be subject to the approval of the governing body of the city. Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.

Bonds issued under this subchapter may be sold with the privilege of conversion to an issue bearing a lower rate or rates of interest, upon such terms and subject to such conditions as the governing body of the city shall determine. However, under no circumstances shall the city receive less or pay more than it would receive and pay if the bonds were not converted, and any conversion shall be subject to the approval of the governing body of the city.

Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.
Ark. Code Ann. § 14-163-212 — AR Code / Title 14 / Chapter 163 / Subchapter 2 / Section 14-163-212
Bonds - Sale
Status: in_force

Bonds issued under this subchapter shall be sold at public sale after twenty-days' advertisement in a newspaper having a bona fide circulation in the city. They may be sold for such price, including, without limitation, sale at a discount, as the governing body of the city shall determine. Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.

Bonds issued under this subchapter shall be sold at public sale after twenty-days' advertisement in a newspaper having a bona fide circulation in the city. They may be sold for such price, including, without limitation, sale at a discount, as the governing body of the city shall determine.

Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.
Ark. Code Ann. § 14-42-204 — AR Code / Title 14 / Chapter 42 / Subchapter 2 / Section 14-42-204
Election returns generally
Status: in_force

(a) The returns of all municipal corporations shall be made to the county board of election commissioners of the county in which the corporation is situated and shall be opened by them within three (3) days after their receipt. (b) (1) The election board shall count the vote as it appears from the pollbooks, make an abstract thereof, and forward it to the mayor. (2) In like manner and without delay, the board shall furnish to each candidate elected a certificate of election or leave it at his or her usual place of abode. Acts 1875, No. 1, § 72, p. 1; C. & M. Dig., § 7516; Pope's Dig., § 9576; A.S.A. 1947, § 19-903.

(a) The returns of all municipal corporations shall be made to the county board of election commissioners of the county in which the corporation is situated and shall be opened by them within three (3) days after their receipt.

(b) (1) The election board shall count the vote as it appears from the pollbooks, make an abstract thereof, and forward it to the mayor. (2) In like manner and without delay, the board shall furnish to each candidate elected a certificate of election or leave it at his or her usual place of abode.

(1) The election board shall count the vote as it appears from the pollbooks, make an abstract thereof, and forward it to the mayor.

(2) In like manner and without delay, the board shall furnish to each candidate elected a certificate of election or leave it at his or her usual place of abode.

Acts 1875, No. 1, § 72, p. 1; C. & M. Dig., § 7516; Pope's Dig., § 9576; A.S.A. 1947, § 19-903.
Ark. Code Ann. § 14-18-104 — AR Code / Title 14 / Chapter 18 / Section 14-18-104
Taxation of platted lands
Status: in_force

After the recordation of a plat, the lands described therein and thereon shall be assessed in accordance with the descriptions on the plat, and taxes shall be levied and collected thereon in such manner as taxes are levied and collected on real estate in cities and towns. However, nothing in this section shall be construed as authorizing the levying and collecting of a city tax on property outside the city limits. Acts 1945, No. 56, § 2; A.S.A. 1947, § 17-1202.

After the recordation of a plat, the lands described therein and thereon shall be assessed in accordance with the descriptions on the plat, and taxes shall be levied and collected thereon in such manner as taxes are levied and collected on real estate in cities and towns. However, nothing in this section shall be construed as authorizing the levying and collecting of a city tax on property outside the city limits.

Acts 1945, No. 56, § 2; A.S.A. 1947, § 17-1202.
Ark. Code Ann. § 14-120-701 — AR Code / Title 14 / Chapter 120 / Subchapter 7 / Section 14-120-701
Purpose and intent
Status: in_force

(a) It is the express purpose and intent of this subchapter to require levee and drainage districts to keep their facilities in proper repair, whenever the districts shall have given assurances to the federal government that maintenance of a facility would be provided upon its completion. (b) In imposing the duty upon levee and drainage districts, the General Assembly takes cognizance of the fact that many levee and drainage facilities in the State of Arkansas are constructed through the cooperation of the federal government and that adequate maintenance of these facilities in good faith is extremely important if the State of Arkansas is to continue to receive the benefit of future development of levee and drainage projects in this state by the federal government. (c) The General Assembly also recognizes that a number of levee or drainage districts may be involved in an overall connecting levee or drainage project that results in mutual benefits to all districts in the affected area. (d) If one (1) or more of these districts fails to provide adequate maintenance according to the assurance given the federal government, the lack of maintenance can jeopardize the entire project. (e) Therefore, each district shall have the duty of maintaining its facility and shall not endanger the facilities of the other districts in the affected area. (f) In addition, the General Assembly recognizes that the policies of Congress in planning future levee and drainage work in the State of Arkansas will be influenced by the adequacy with which levee and drainage districts in this state provide maintenance of existing facilities according to the terms of the assurances given the federal government. (g) In order to encourage Congress to continue to make available funds for future development and improvement of levee and drainage projects in this state, the General Assembly recognizes that the State of Arkansas must take steps to see that the assurances given to the federal government by levee and drainage districts as authorized by the laws of this state shall be fulfilled. It is declared that the purpose of this subchapter is to require that maintenance shall be provided. Acts 1957, No. 72, § 3; A.S.A. 1947, § 21-835.

(a) It is the express purpose and intent of this subchapter to require levee and drainage districts to keep their facilities in proper repair, whenever the districts shall have given assurances to the federal government that maintenance of a facility would be provided upon its completion.

(b) In imposing the duty upon levee and drainage districts, the General Assembly takes cognizance of the fact that many levee and drainage facilities in the State of Arkansas are constructed through the cooperation of the federal government and that adequate maintenance of these facilities in good faith is extremely important if the State of Arkansas is to continue to receive the benefit of future development of levee and drainage projects in this state by the federal government.

(c) The General Assembly also recognizes that a number of levee or drainage districts may be involved in an overall connecting levee or drainage project that results in mutual benefits to all districts in the affected area.

(d) If one (1) or more of these districts fails to provide adequate maintenance according to the assurance given the federal government, the lack of maintenance can jeopardize the entire project.

(e) Therefore, each district shall have the duty of maintaining its facility and shall not endanger the facilities of the other districts in the affected area.

(f) In addition, the General Assembly recognizes that the policies of Congress in planning future levee and drainage work in the State of Arkansas will be influenced by the adequacy with which levee and drainage districts in this state provide maintenance of existing facilities according to the terms of the assurances given the federal government.

(g) In order to encourage Congress to continue to make available funds for future development and improvement of levee and drainage projects in this state, the General Assembly recognizes that the State of Arkansas must take steps to see that the assurances given to the federal government by levee and drainage districts as authorized by the laws of this state shall be fulfilled. It is declared that the purpose of this subchapter is to require that maintenance shall be provided.

Acts 1957, No. 72, § 3; A.S.A. 1947, § 21-835.
Ark. Code Ann. § 14-169-1009 — AR Code / Title 14 / Chapter 169 / Subchapter 10 / Section 14-169-1009
Proceeds from sale or lease
Status: in_force

(a) In the event any county or municipality acquires surplus federal properties and subsequently sells or leases them, the proceeds from the sale or leasing shall first be applied to the payment of the debt created by the acquisition of the property, if any, in accordance with the terms of the mortgage or bond indebtedness. (b) After payment of this indebtedness, any surplus shall be placed in the county or municipal general revenue fund. Acts 1947, No. 250, § 7; A.S.A. 1947, § 19-3070.

(a) In the event any county or municipality acquires surplus federal properties and subsequently sells or leases them, the proceeds from the sale or leasing shall first be applied to the payment of the debt created by the acquisition of the property, if any, in accordance with the terms of the mortgage or bond indebtedness.

(b) After payment of this indebtedness, any surplus shall be placed in the county or municipal general revenue fund.

Acts 1947, No. 250, § 7; A.S.A. 1947, § 19-3070.
Ark. Code Ann. § 14-116-303 — AR Code / Title 14 / Chapter 116 / Subchapter 3 / Section 14-116-303
Members - Nomination and election
Status: in_force

(a) (1) (A) If a water district is composed of all or a portion of four (4) or more counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors residing in the area of the district from which the director is to be elected, to be circulated for no longer than ninety (90) days. (B) The petition under subdivision (a)(1)(A) of this section shall be filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election. (2) (A) If a water district is composed of all or a portion of less than four (4) counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors, who shall consist of those electors residing in all or part of any precinct in the service area of the customers of the district from which the director is to be elected. (B) The petition under subdivision (a)(2)(A) of this section shall be circulated for no longer than ninety (90) days and filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election. (3) A water district shall file a service area map with the county clerk no later than January 31 before the general election. (b) Election of the directors shall be held as a part of the general election and under the laws governing it. (c) Any director shall be qualified to succeed himself or herself. Amended by Act 2019, No. 597,§ 9, eff. 7/1/2019. Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 2007, No. 863, § 3; 2009, No. 370, § 2; 2009, No. 1480, § 82.

(a) (1) (A) If a water district is composed of all or a portion of four (4) or more counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors residing in the area of the district from which the director is to be elected, to be circulated for no longer than ninety (90) days. (B) The petition under subdivision (a)(1)(A) of this section shall be filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election. (2) (A) If a water district is composed of all or a portion of less than four (4) counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors, who shall consist of those electors residing in all or part of any precinct in the service area of the customers of the district from which the director is to be elected. (B) The petition under subdivision (a)(2)(A) of this section shall be circulated for no longer than ninety (90) days and filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election. (3) A water district shall file a service area map with the county clerk no later than January 31 before the general election.

(1) (A) If a water district is composed of all or a portion of four (4) or more counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors residing in the area of the district from which the director is to be elected, to be circulated for no longer than ninety (90) days. (B) The petition under subdivision (a)(1)(A) of this section shall be filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election.

(A) If a water district is composed of all or a portion of four (4) or more counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors residing in the area of the district from which the director is to be elected, to be circulated for no longer than ninety (90) days.

(B) The petition under subdivision (a)(1)(A) of this section shall be filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election.

(2) (A) If a water district is composed of all or a portion of less than four (4) counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors, who shall consist of those electors residing in all or part of any precinct in the service area of the customers of the district from which the director is to be elected. (B) The petition under subdivision (a)(2)(A) of this section shall be circulated for no longer than ninety (90) days and filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election.

(A) If a water district is composed of all or a portion of less than four (4) counties, then nominations for directors shall be upon a petition signed by at least fifty (50) qualified electors, who shall consist of those electors residing in all or part of any precinct in the service area of the customers of the district from which the director is to be elected.

(B) The petition under subdivision (a)(2)(A) of this section shall be circulated for no longer than ninety (90) days and filed with the county clerk during a one-week period ending at 12:00 noon ninety (90) days before the general election.

(3) A water district shall file a service area map with the county clerk no later than January 31 before the general election.

(b) Election of the directors shall be held as a part of the general election and under the laws governing it.

(c) Any director shall be qualified to succeed himself or herself.

Amended by Act 2019, No. 597,§ 9, eff. 7/1/2019.

Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 2007, No. 863, § 3; 2009, No. 370, § 2; 2009, No. 1480, § 82.
Ark. Code Ann. § 14-285-104 — AR Code / Title 14 / Chapter 285 / Section 14-285-104
Withdrawal
Status: in_force

(a) If a municipal recreation improvement district is composed of two (2) noncontiguous areas, one (1) of which lies outside the boundaries of the municipality, then the separate area which is located outside the boundaries of the municipality may withdraw from the district if no recreational facilities have been installed in the area. (b) (1) The area may withdraw from the district by a petition filed with the municipal clerk. The petition shall be signed by both a majority of the landholders in the area to be removed and the owners of a majority of the land in the area. (2) The area shall be removed from the district and the boundaries of the district revised accordingly, upon the clerk determining the sufficiency of the petition. (c) The landowners in an area that withdraws from a municipal recreation district pursuant to this section shall continue to pay the assessments of the district until all bonds existing at the time the petition is filed are repaid. (d) The landowners in an area that withdraws pursuant to this section shall pay all assessments made prior to the withdrawal from the district. Acts 1991, No. 413, § 1.

(a) If a municipal recreation improvement district is composed of two (2) noncontiguous areas, one (1) of which lies outside the boundaries of the municipality, then the separate area which is located outside the boundaries of the municipality may withdraw from the district if no recreational facilities have been installed in the area.

(b) (1) The area may withdraw from the district by a petition filed with the municipal clerk. The petition shall be signed by both a majority of the landholders in the area to be removed and the owners of a majority of the land in the area. (2) The area shall be removed from the district and the boundaries of the district revised accordingly, upon the clerk determining the sufficiency of the petition.

(1) The area may withdraw from the district by a petition filed with the municipal clerk. The petition shall be signed by both a majority of the landholders in the area to be removed and the owners of a majority of the land in the area.

(2) The area shall be removed from the district and the boundaries of the district revised accordingly, upon the clerk determining the sufficiency of the petition.

(c) The landowners in an area that withdraws from a municipal recreation district pursuant to this section shall continue to pay the assessments of the district until all bonds existing at the time the petition is filed are repaid.

(d) The landowners in an area that withdraws pursuant to this section shall pay all assessments made prior to the withdrawal from the district.

Acts 1991, No. 413, § 1.
Ark. Code Ann. § 14-271-107 — AR Code / Title 14 / Chapter 271 / Section 14-271-107
Membership in One Call Center
Status: in_force

(a) All operators of underground facilities shall become members of the One Call Center; however, the commission may provide, by rule or by orders, for such exemptions or waivers concerning some or all of the requirements of membership as may appear reasonable and proper, as long as the exemption or waiver is not prohibited by statute or federal law. (b) Additionally, other persons who own or control underground facilities or similar facilities may, upon application, become members of the One Call Center. (c) Membership shall be evidenced by participation in, and payment for, the services furnished by the One Call Center. Acts 1987, No. 600, § 8; 1989, No. 370, § 3; 1991, No. 762, § 6.

(a) All operators of underground facilities shall become members of the One Call Center; however, the commission may provide, by rule or by orders, for such exemptions or waivers concerning some or all of the requirements of membership as may appear reasonable and proper, as long as the exemption or waiver is not prohibited by statute or federal law.

(b) Additionally, other persons who own or control underground facilities or similar facilities may, upon application, become members of the One Call Center.

(c) Membership shall be evidenced by participation in, and payment for, the services furnished by the One Call Center.

Acts 1987, No. 600, § 8; 1989, No. 370, § 3; 1991, No. 762, § 6.
Ark. Code Ann. § 14-86-1602 — AR Code / Title 14 / Chapter 86 / Subchapter 16 / Section 14-86-1602
Redemption from state
Status: in_force

(a) Where any lands have been foreclosed on by any improvement district for delinquent taxes or assessments due it and the title to any of the lands may have been or is in the state, the purchaser at any sale for the improvement district taxes shall have the right to redeem the land from the state. (b) In case a receiver shall be appointed by the chancery court for any such lands being foreclosed on by a district, the receiver may, out of the first moneys coming into his hands from rentals, or a sale thereof, redeem the lands from the state. (c) The purchaser or receiver shall have a lien thereon for the sums so paid the state. Acts 1939, No. 329, § 3; A.S.A. 1947, § 20-1147.

(a) Where any lands have been foreclosed on by any improvement district for delinquent taxes or assessments due it and the title to any of the lands may have been or is in the state, the purchaser at any sale for the improvement district taxes shall have the right to redeem the land from the state.

(b) In case a receiver shall be appointed by the chancery court for any such lands being foreclosed on by a district, the receiver may, out of the first moneys coming into his hands from rentals, or a sale thereof, redeem the lands from the state.

(c) The purchaser or receiver shall have a lien thereon for the sums so paid the state.

Acts 1939, No. 329, § 3; A.S.A. 1947, § 20-1147.
Ark. Code Ann. § 14-116-105 — AR Code / Title 14 / Chapter 116 / Subchapter 1 / Section 14-116-105
Construction
Status: in_force

This chapter shall be construed liberally. The enumerating of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. Acts 1957, No. 114, § 14; A.S.A. 1947, § 21-1414.

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

Acts 1957, No. 114, § 14; A.S.A. 1947, § 21-1414.
Ark. Code Ann. § 14-43-509 — AR Code / Title 14 / Chapter 43 / Subchapter 5 / Section 14-43-509
Officers without prescribed terms
Status: in_force

In cities of the first class, all city officers whose terms of office are not prescribed, and whose powers and duties are not defined in this subtitle, or by bylaw or ordinance, shall perform such duties and exercise such powers, and continue in office two (2) years, unless sooner removed for cause. Acts 1875, No. 1, § 62, p. 1; C. & M. Dig., § 7744; Pope's Dig., § 9940; A.S.A. 1947, § 19-1011.

In cities of the first class, all city officers whose terms of office are not prescribed, and whose powers and duties are not defined in this subtitle, or by bylaw or ordinance, shall perform such duties and exercise such powers, and continue in office two (2) years, unless sooner removed for cause.

Acts 1875, No. 1, § 62, p. 1; C. & M. Dig., § 7744; Pope's Dig., § 9940; A.S.A. 1947, § 19-1011.
Ark. Code Ann. § 14-169-801 — AR Code / Title 14 / Chapter 169 / Subchapter 8 / Section 14-169-801
Authority generally
Status: in_force

(a) A housing authority or an urban renewal agency authorized to carry on urban renewal or redevelopment activities in connection with the undertaking and carrying out of an urban renewal project may acquire real property in the urban renewal area, demolish improvements on it, relocate families from it, contract for loans and grants covering the financing of it, and take all appropriate actions, including, but not limited to, the disposition of the property, regardless of the stage of development of the urban renewal plan, if the municipal governing body shall have approved it by resolution. (b) The municipal governing body may agree to assume the responsibility to bear any loss that may arise as the result of such acquisition in the event the property so acquired is not used for urban renewal purposes because the urban renewal plan for the project is not approved, is amended to omit any of the acquired property, or is abandoned for any reason. Acts 1961, No. 40, § 2; A.S.A. 1947, § 19-3063.11.

(a) A housing authority or an urban renewal agency authorized to carry on urban renewal or redevelopment activities in connection with the undertaking and carrying out of an urban renewal project may acquire real property in the urban renewal area, demolish improvements on it, relocate families from it, contract for loans and grants covering the financing of it, and take all appropriate actions, including, but not limited to, the disposition of the property, regardless of the stage of development of the urban renewal plan, if the municipal governing body shall have approved it by resolution.

(b) The municipal governing body may agree to assume the responsibility to bear any loss that may arise as the result of such acquisition in the event the property so acquired is not used for urban renewal purposes because the urban renewal plan for the project is not approved, is amended to omit any of the acquired property, or is abandoned for any reason.

Acts 1961, No. 40, § 2; A.S.A. 1947, § 19-3063.11.
Ark. Code Ann. § 14-86-801 — AR Code / Title 14 / Chapter 86 / Subchapter 8 / Section 14-86-801
Collection in levee, drainage, and road districts
Status: in_force

(a) All taxes in levee, drainage, and road improvement districts shall be collected at the time, in the manner, and by the officers specified in the statutes creating them or under which they were organized if there is then a duly appointed, qualified, and acting board of commissioners for the district. (b) The duty to promptly extend and collect these taxes may be enforced by mandamus or by a mandatory injunction in equity, at the instance of any landowner in the district, the trustee in any deed of trust securing the bonds of the district, the holder of any bond as to which the district has defaulted in the payment of interest or principal, or any other creditor of the district. (c) The remedies provided in this section shall be exclusive, and all laws providing for or authorizing the appointment of a receiver for any such district having a duly appointed, qualified, and elected board are repealed. No court shall appoint a receiver to collect levee, drainage, or road district taxes in a district having such a board. Acts 1933, No. 46, § 1; Pope's Dig., § 4591; Acts 1949, No. 238, § 1; A.S.A. 1947, § 20-1121.

(a) All taxes in levee, drainage, and road improvement districts shall be collected at the time, in the manner, and by the officers specified in the statutes creating them or under which they were organized if there is then a duly appointed, qualified, and acting board of commissioners for the district.

(b) The duty to promptly extend and collect these taxes may be enforced by mandamus or by a mandatory injunction in equity, at the instance of any landowner in the district, the trustee in any deed of trust securing the bonds of the district, the holder of any bond as to which the district has defaulted in the payment of interest or principal, or any other creditor of the district.

(c) The remedies provided in this section shall be exclusive, and all laws providing for or authorizing the appointment of a receiver for any such district having a duly appointed, qualified, and elected board are repealed. No court shall appoint a receiver to collect levee, drainage, or road district taxes in a district having such a board.

Acts 1933, No. 46, § 1; Pope's Dig., § 4591; Acts 1949, No. 238, § 1; A.S.A. 1947, § 20-1121.
Ark. Code Ann. § 14-250-106 — AR Code / Title 14 / Chapter 250 / Section 14-250-106
Petition to establish
Status: in_force

(a) When resolutions proposing creation of a regional wastewater collection and treatment district are passed by the councils or other governing bodies of two (2) or more municipalities, a petition to establish a regional wastewater collection and treatment district may be submitted to the circuit court of a county which contains a significant portion of the proposed district. (b) The petition shall contain a duly executed resolution from each entity authorizing each entity to be included in the district, provided that, in any unincorporated area, fifty-one percent (51%) of property owners by number shall approve by petition before being included in the district. The petition shall also contain: (1) An accurate description and a map of the area to be served initially; (2) A brief statement showing the need for formation of the district and describing the benefits to be received by residents or property owners in the area; (3) The proposed name of the district; (4) The proposed location of the principal office of the district; and (5) A bold heading stating that a signature on the petition is a vote to create the district. Amended by Act 2019, No. 1025,§ 10, eff. 7/24/2019. Acts 1983, No. 608, § 3; A.S.A. 1947, § 20-2303.

(a) When resolutions proposing creation of a regional wastewater collection and treatment district are passed by the councils or other governing bodies of two (2) or more municipalities, a petition to establish a regional wastewater collection and treatment district may be submitted to the circuit court of a county which contains a significant portion of the proposed district.

(b) The petition shall contain a duly executed resolution from each entity authorizing each entity to be included in the district, provided that, in any unincorporated area, fifty-one percent (51%) of property owners by number shall approve by petition before being included in the district. The petition shall also contain: (1) An accurate description and a map of the area to be served initially; (2) A brief statement showing the need for formation of the district and describing the benefits to be received by residents or property owners in the area; (3) The proposed name of the district; (4) The proposed location of the principal office of the district; and (5) A bold heading stating that a signature on the petition is a vote to create the district.

(1) An accurate description and a map of the area to be served initially;

(2) A brief statement showing the need for formation of the district and describing the benefits to be received by residents or property owners in the area;

(3) The proposed name of the district;

(4) The proposed location of the principal office of the district; and

(5) A bold heading stating that a signature on the petition is a vote to create the district.

Amended by Act 2019, No. 1025,§ 10, eff. 7/24/2019.

Acts 1983, No. 608, § 3; A.S.A. 1947, § 20-2303.
Ark. Code Ann. § 14-39-111 — AR Code / Title 14 / Chapter 39 / Section 14-39-111
Disposition of private property
Status: in_force

(a) The receiver and back-tax collector shall make to the circuit court a full and complete statement of all the private property, if any, belonging to the extinct corporations, respectively. All such property shall be considered by the court as a part of the subject matter of the creditor's bill. (b) The court shall make all orders and decrees as may be deemed necessary and proper for the sale thereof and shall decree the application of the proceeds of the sale to the payment of the debts of the extinct corporations, respectively. Acts 1883, No. 22, § 9, p. 33; C. & M. Dig., § 7659; Pope's Dig., § 9781; A.S.A. 1947, § 19-509.

(a) The receiver and back-tax collector shall make to the circuit court a full and complete statement of all the private property, if any, belonging to the extinct corporations, respectively. All such property shall be considered by the court as a part of the subject matter of the creditor's bill.

(b) The court shall make all orders and decrees as may be deemed necessary and proper for the sale thereof and shall decree the application of the proceeds of the sale to the payment of the debts of the extinct corporations, respectively.

Acts 1883, No. 22, § 9, p. 33; C. & M. Dig., § 7659; Pope's Dig., § 9781; A.S.A. 1947, § 19-509.
Ark. Code Ann. § 14-170-213 — AR Code / Title 14 / Chapter 170 / Subchapter 2 / Section 14-170-213
Public investment in bonds
Status: in_force

(a) Any municipality, or any board, commission, or other authority duly established by ordinance of any municipality, or the board of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any such municipality, or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter. (b) Bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds. Acts 1971, No. 380, § 10; A.S.A. 1947, § 13-1810.

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

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

Acts 1971, No. 380, § 10; A.S.A. 1947, § 13-1810.
Ark. Code Ann. § 14-188-106 — AR Code / Title 14 / Chapter 188 / Section 14-188-106
Rules and regulations
Status: in_force

(a) At the first meeting, a rural development authority shall adopt rules and regulations which are to be filed with the county clerk. (b) Amendments to the rules and regulations may be made at any time and shall be filed with the clerk. Acts 1963, No. 172, § 8; A.S.A. 1947, § 20-1408.

(a) At the first meeting, a rural development authority shall adopt rules and regulations which are to be filed with the county clerk.

(b) Amendments to the rules and regulations may be made at any time and shall be filed with the clerk.

Acts 1963, No. 172, § 8; A.S.A. 1947, § 20-1408.
Ark. Code Ann. § 14-169-233 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-233
Additional remedies conferrable on obligees
Status: in_force

A housing authority shall have power, by its resolution, trust indenture, mortgage, lease, or other contract, to confer upon any obligee holding or representing a specified amount in bonds or holding a lease the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in the resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction to: (1) Cause possession of any housing project, or any part of it, to be surrendered to any such obligee; (2) (A) Obtain the appointment of a receiver of any housing project of the authority, or any part of it, and of the rents and profits from it. (B) If a receiver is appointed, he may: (i) Enter and take possession of the housing project or any part of it; (ii) Operate and maintain the project; and (iii) Collect and receive all fees, rents, revenues, or other charges thereafter arising from the project. (C) The receiver shall keep the moneys in a separate account or accounts and apply them in accordance with the obligations of the authority, as the court shall direct; and (3) Require the authority and its commissioners to account as if it and they were the trustees of an express trust. Acts 1937, No. 298, § 18; Pope's Dig., § 10076; A.S.A. 1947, § 19-3021.

A housing authority shall have power, by its resolution, trust indenture, mortgage, lease, or other contract, to confer upon any obligee holding or representing a specified amount in bonds or holding a lease the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in the resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction to:

(1) Cause possession of any housing project, or any part of it, to be surrendered to any such obligee;

(2) (A) Obtain the appointment of a receiver of any housing project of the authority, or any part of it, and of the rents and profits from it. (B) If a receiver is appointed, he may: (i) Enter and take possession of the housing project or any part of it; (ii) Operate and maintain the project; and (iii) Collect and receive all fees, rents, revenues, or other charges thereafter arising from the project. (C) The receiver shall keep the moneys in a separate account or accounts and apply them in accordance with the obligations of the authority, as the court shall direct; and

(A) Obtain the appointment of a receiver of any housing project of the authority, or any part of it, and of the rents and profits from it.

(B) If a receiver is appointed, he may: (i) Enter and take possession of the housing project or any part of it; (ii) Operate and maintain the project; and (iii) Collect and receive all fees, rents, revenues, or other charges thereafter arising from the project.

(i) Enter and take possession of the housing project or any part of it;

(ii) Operate and maintain the project; and

(iii) Collect and receive all fees, rents, revenues, or other charges thereafter arising from the project.

(C) The receiver shall keep the moneys in a separate account or accounts and apply them in accordance with the obligations of the authority, as the court shall direct; and

(3) Require the authority and its commissioners to account as if it and they were the trustees of an express trust.

Acts 1937, No. 298, § 18; Pope's Dig., § 10076; A.S.A. 1947, § 19-3021.
Ark. Code Ann. § 14-121-1101 — AR Code / Title 14 / Chapter 121 / Subchapter 11 / Section 14-121-1101
Legislative determination
Status: in_force

It is found and declared as a matter of legislative determination that the organization and administration of those drainage districts authorized under this chapter, as amended, as separate and distinct entities and the operation and maintenance of the drainage levees and projects for which the districts were originally created places an undue burden on the districts, causes an unnecessary duplication of work, and increases the cost of construction, operation, and maintenance of the districts and their facilities. Further, the organization and administration of those drainage districts authorized under this chapter, as amended, as separate and distinct entities and the operation and maintenance of the drainage levees and projects for which the districts were originally created can be greatly benefited by the merger of drainage districts with other similar drainage districts, levees, and drainage projects, and merger will create economies of scale to achieve a significant savings in administrative and operational costs. Acts 1999, No. 329, § 1.

It is found and declared as a matter of legislative determination that the organization and administration of those drainage districts authorized under this chapter, as amended, as separate and distinct entities and the operation and maintenance of the drainage levees and projects for which the districts were originally created places an undue burden on the districts, causes an unnecessary duplication of work, and increases the cost of construction, operation, and maintenance of the districts and their facilities. Further, the organization and administration of those drainage districts authorized under this chapter, as amended, as separate and distinct entities and the operation and maintenance of the drainage levees and projects for which the districts were originally created can be greatly benefited by the merger of drainage districts with other similar drainage districts, levees, and drainage projects, and merger will create economies of scale to achieve a significant savings in administrative and operational costs.

Acts 1999, No. 329, § 1.
Ark. Code Ann. § 14-262-109 — AR Code / Title 14 / Chapter 262 / Section 14-262-109
County or district health departments - Powers and duties
Status: in_force

(a) Each county and district health department shall have and exercise, in addition to all other powers and duties imposed upon it by law, the following powers and duties: (1) To administer and enforce the laws pertaining to public health and vital statistics and the orders, rules, and standards promulgated by the State Board of Health; (2) To investigate and control the cause of epidemic and communicable disease affecting the public health; (3) To establish, maintain, and enforce isolation and quarantine, and, in pursuance thereof and for this purpose only, to exercise such physical control over property and over the persons of the people within the jurisdiction of the department as the department may find necessary for the protection of the public health; (4) To make any necessary sanitary and health investigations and inspections on its own initiative or in cooperation with the Department of Health as to any matters affecting public health, within the jurisdiction and control of the department; (5) To cooperate with the Department of Health and the State Board of Health in all matters pertaining to public health; (6) To initiate and carry out health programs, not inconsistent with law, that may be deemed necessary or desirable for the protection of the public health and the control of disease. (b) A representative of the county health department may visit any or all schools in a school district when requested to do so by the superintendent of schools or other appropriate official of the district for the purpose of checking for and assisting with medical problems of students at the school. Amended by Act 2019, No. 315,§ 1034, eff. 7/24/2019. Acts 1949, No. 186, § 7; 1979, No. 601, § 1; A.S.A. 1947, §§ 82-220, 82-220.1.

(a) Each county and district health department shall have and exercise, in addition to all other powers and duties imposed upon it by law, the following powers and duties: (1) To administer and enforce the laws pertaining to public health and vital statistics and the orders, rules, and standards promulgated by the State Board of Health; (2) To investigate and control the cause of epidemic and communicable disease affecting the public health; (3) To establish, maintain, and enforce isolation and quarantine, and, in pursuance thereof and for this purpose only, to exercise such physical control over property and over the persons of the people within the jurisdiction of the department as the department may find necessary for the protection of the public health; (4) To make any necessary sanitary and health investigations and inspections on its own initiative or in cooperation with the Department of Health as to any matters affecting public health, within the jurisdiction and control of the department; (5) To cooperate with the Department of Health and the State Board of Health in all matters pertaining to public health; (6) To initiate and carry out health programs, not inconsistent with law, that may be deemed necessary or desirable for the protection of the public health and the control of disease.

(1) To administer and enforce the laws pertaining to public health and vital statistics and the orders, rules, and standards promulgated by the State Board of Health;

(2) To investigate and control the cause of epidemic and communicable disease affecting the public health;

(3) To establish, maintain, and enforce isolation and quarantine, and, in pursuance thereof and for this purpose only, to exercise such physical control over property and over the persons of the people within the jurisdiction of the department as the department may find necessary for the protection of the public health;

(4) To make any necessary sanitary and health investigations and inspections on its own initiative or in cooperation with the Department of Health as to any matters affecting public health, within the jurisdiction and control of the department;

(5) To cooperate with the Department of Health and the State Board of Health in all matters pertaining to public health;

(6) To initiate and carry out health programs, not inconsistent with law, that may be deemed necessary or desirable for the protection of the public health and the control of disease.

(b) A representative of the county health department may visit any or all schools in a school district when requested to do so by the superintendent of schools or other appropriate official of the district for the purpose of checking for and assisting with medical problems of students at the school.

Amended by Act 2019, No. 315,§ 1034, eff. 7/24/2019.

Acts 1949, No. 186, § 7; 1979, No. 601, § 1; A.S.A. 1947, §§ 82-220, 82-220.1.
Ark. Code Ann. § 14-1-602 — AR Code / Title 14 / Chapter 1 / Subchapter 6 / Section 14-1-602
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) The data centers industry began its modern version in the 1980s, and the industry has seen accelerated growth since 2008; (2) Data centers have seen global growth with the expansion of bandwidth, the need for analytical data research, and digital currency; (3) Data centers, digital currency, and blockchain technology are legal in all fifty (50) states; and (4) Guidance for future industry growth is needed in Arkansas to protect Arkansans from fraudulent business practices. (b) Through the enactment of this subchapter, the General Assembly intends to recognize that data centers create jobs, pay taxes, and provide general economic value to local communities and this state . Amended by Act 2024, No. 174,§ 1, eff. 5/3/2024. Added by Act 2023, No. 851,§ 1, eff. 8/1/2023.

(a) The General Assembly finds that: (1) The data centers industry began its modern version in the 1980s, and the industry has seen accelerated growth since 2008; (2) Data centers have seen global growth with the expansion of bandwidth, the need for analytical data research, and digital currency; (3) Data centers, digital currency, and blockchain technology are legal in all fifty (50) states; and (4) Guidance for future industry growth is needed in Arkansas to protect Arkansans from fraudulent business practices.

(1) The data centers industry began its modern version in the 1980s, and the industry has seen accelerated growth since 2008;

(2) Data centers have seen global growth with the expansion of bandwidth, the need for analytical data research, and digital currency;

(3) Data centers, digital currency, and blockchain technology are legal in all fifty (50) states; and

(4) Guidance for future industry growth is needed in Arkansas to protect Arkansans from fraudulent business practices.

(b) Through the enactment of this subchapter, the General Assembly intends to recognize that data centers create jobs, pay taxes, and provide general economic value to local communities and this state .

recognize that data centers create jobs, pay taxes, and provide general economic value to local communities and this state

.

Amended by Act 2024, No. 174,§ 1, eff. 5/3/2024.

Added by Act 2023, No. 851,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-387-201 — AR Code / Title 14 / Chapter 387 / Subchapter 2 / Section 14-387-201
Duty to order no running at large
Status: in_force

Upon the written petition of a majority of the qualified electors of any county bordering upon a navigable stream and having territory in cultivation subject to overflow, or any subdivision of a county consisting of not less than thirty-six (36) square miles, where the subdivision borders upon a navigable stream and contains territory in cultivation subject to overflow, being filed in the county court of the county, requesting an order to prevent the running at large of hogs, sheep, and goats within the county or subdivision, as the case may be, it shall be the duty of the court to make such an order when the petitioners have complied with this subchapter and subchapter 1 of this chapter. Acts 1883, No. 57, § 1, p. 81; C. & M. Dig., § 305; Pope's Dig., § 319; A.S.A. 1947, § 78-1413.

Upon the written petition of a majority of the qualified electors of any county bordering upon a navigable stream and having territory in cultivation subject to overflow, or any subdivision of a county consisting of not less than thirty-six (36) square miles, where the subdivision borders upon a navigable stream and contains territory in cultivation subject to overflow, being filed in the county court of the county, requesting an order to prevent the running at large of hogs, sheep, and goats within the county or subdivision, as the case may be, it shall be the duty of the court to make such an order when the petitioners have complied with this subchapter and subchapter 1 of this chapter.

Acts 1883, No. 57, § 1, p. 81; C. & M. Dig., § 305; Pope's Dig., § 319; A.S.A. 1947, § 78-1413.
Ark. Code Ann. § 14-49-101 — AR Code / Title 14 / Chapter 49 / Subchapter 1 / Section 14-49-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, "board", "commission", or "commissioners" means the board of civil service commissioners, as provided for in § 14-49-201 et seq. Acts 1937, No. 322, § 15; A.S.A. 1947, § 19-1315.

As used in this chapter, unless the context otherwise requires, "board", "commission", or "commissioners" means the board of civil service commissioners, as provided for in § 14-49-201 et seq.

Acts 1937, No. 322, § 15; A.S.A. 1947, § 19-1315.
Ark. Code Ann. § 14-123-401 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-401
Assessment of lands
Status: in_force

Assessors shall: (1) Assess the value of lands in the district subject to overflow and benefited by the work, having reference to the value of the land without the work, and the value thereof as benefited by work; and (2) Assess the value thereof as improved by the work in an assessment book to be provided for that purpose. Acts 1879, No. 78, § 7, p. 117; C. & M. Dig., § 6823; Pope's Dig., § 4549; A.S.A. 1947, § 21-621.

Assessors shall:

(1) Assess the value of lands in the district subject to overflow and benefited by the work, having reference to the value of the land without the work, and the value thereof as benefited by work; and

(2) Assess the value thereof as improved by the work in an assessment book to be provided for that purpose.

Acts 1879, No. 78, § 7, p. 117; C. & M. Dig., § 6823; Pope's Dig., § 4549; A.S.A. 1947, § 21-621.