Ark. Code Ann. § 14-143-117 — AR Code / Title 14 / Chapter 143 / Section 14-143-117
Issuance of revenue bonds - Mortgage lien
Status: in_force

(a) The resolution or indenture securing the bonds may impose a forecloseable mortgage lien upon or security interest in the facilities of the authority, or any portion thereof, and the extent of the mortgage lien or security interest may be controlled by the resolution or indenture including, without limitation, provisions pertaining to the release of all or part of the facilities subject to the mortgage lien or security interest in the event of successive issues of bonds. (b) Subject to the terms, conditions, and restrictions contained in the resolution or indenture, any holder of any of the bonds, or of any coupon attached thereto, or a trustee on behalf of the holders may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the officials of the authority set forth in this chapter and set forth in the resolution or indenture. Acts 1997, No. 690, § 17.

(a) The resolution or indenture securing the bonds may impose a forecloseable mortgage lien upon or security interest in the facilities of the authority, or any portion thereof, and the extent of the mortgage lien or security interest may be controlled by the resolution or indenture including, without limitation, provisions pertaining to the release of all or part of the facilities subject to the mortgage lien or security interest in the event of successive issues of bonds.

(b) Subject to the terms, conditions, and restrictions contained in the resolution or indenture, any holder of any of the bonds, or of any coupon attached thereto, or a trustee on behalf of the holders may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the officials of the authority set forth in this chapter and set forth in the resolution or indenture.

Acts 1997, No. 690, § 17.
Ark. Code Ann. § 14-167-214 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-214
Bond obligation
Status: in_force

(a) (1) The bonds issued under this subchapter shall not be general obligations of the municipality or county but shall be special obligations, and in no event shall the bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. (2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation. (b) The principal of, and interest on, the bonds shall be secured by a pledge of, and shall be payable from, revenues derived from the energy project acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds. Acts 1981, No. 53, § 7; A.S.A. 1947, § 13-2407.

(a) (1) The bonds issued under this subchapter shall not be general obligations of the municipality or county but shall be special obligations, and in no event shall the bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. (2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation.

(1) The bonds issued under this subchapter shall not be general obligations of the municipality or county but shall be special obligations, and in no event shall the bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation.

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

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

Acts 1981, No. 53, § 7; A.S.A. 1947, § 13-2407.
Ark. Code Ann. § 14-40-2006 — AR Code / Title 14 / Chapter 40 / Subchapter 20 / Section 14-40-2006
Provision of municipal services
Status: in_force

In a municipal services matter under this subchapter, if a city or incorporated town from which the inhabitants detached determines that the scheduled services are available or became available to the detaching inhabitants by the city or incorporated town to which the inhabitants were annexed into, the inhabitants shall automatically be detached and annexed back into the original city or incorporated town after the expiration of one hundred eighty (180) days following the date the schedule of services became available to the inhabitants and the inhabitants have not used the services. Added by Act 2015, No. 882,§ 1, eff. 7/22/2015.

In a municipal services matter under this subchapter, if a city or incorporated town from which the inhabitants detached determines that the scheduled services are available or became available to the detaching inhabitants by the city or incorporated town to which the inhabitants were annexed into, the inhabitants shall automatically be detached and annexed back into the original city or incorporated town after the expiration of one hundred eighty (180) days following the date the schedule of services became available to the inhabitants and the inhabitants have not used the services.

Added by Act 2015, No. 882,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-86-905 — AR Code / Title 14 / Chapter 86 / Subchapter 9 / Section 14-86-905
Additional deputy tax collectors
Status: in_force

County tax collectors shall be authorized to employ additional deputies subject to the limitations in § 14-86-903 . Acts 1961, No. 427, § 3; A.S.A. 1947, § 20-1154.

County tax collectors shall be authorized to employ additional deputies subject to the limitations in § 14-86-903 .

Acts 1961, No. 427, § 3; A.S.A. 1947, § 20-1154.
Ark. Code Ann. § 14-164-325 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-325
Taxes not state revenues
Status: in_force

It is the express intent of the General Assembly that any tax levied under the authority of this subchapter by a municipality or county to finance capital improvements of a public nature or economic development projects shall not constitute revenues of the state within the meaning of any constitutional or statutory provisions, but the tax levied under this subchapter shall at all times continue to be revenues of the particular municipality or county notwithstanding the participation or involvement, for the convenience of administration, by the Secretary of the Department of Finance and Administration or the Treasurer of State in the manner authorized in this subchapter in any phase of collection, holding, or distribution of proceeds of any tax authorized under this subchapter. Amended by Act 2019, No. 910,§ 3381, eff. 7/1/2019. Amended by Act 2017, No. 533,§ 12, eff. 8/1/2017. Acts 1985, No. 871, § 2; A.S.A. 1947, § 13-1240.

It is the express intent of the General Assembly that any tax levied under the authority of this subchapter by a municipality or county to finance capital improvements of a public nature or economic development projects shall not constitute revenues of the state within the meaning of any constitutional or statutory provisions, but the tax levied under this subchapter shall at all times continue to be revenues of the particular municipality or county notwithstanding the participation or involvement, for the convenience of administration, by the Secretary of the Department of Finance and Administration or the Treasurer of State in the manner authorized in this subchapter in any phase of collection, holding, or distribution of proceeds of any tax authorized under this subchapter.

Amended by Act 2019, No. 910,§ 3381, eff. 7/1/2019.

Amended by Act 2017, No. 533,§ 12, eff. 8/1/2017.

Acts 1985, No. 871, § 2; A.S.A. 1947, § 13-1240.
Ark. Code Ann. § 14-124-111 — AR Code / Title 14 / Chapter 124 / Section 14-124-111
Hearing - District assessment conclusive in absence of review
Status: in_force

(a) The court shall hear the petition as expeditiously as possible, and it shall have the power to lower, raise, equalize, and determine the proper amount of benefit assessable against the property described in the petition. (b) The amount and legality of an assessment made by any district, in the absence of a petition for a review, shall be conclusive. Acts 1941, No. 287, § 10; A.S.A. 1947, § 21-710.

(a) The court shall hear the petition as expeditiously as possible, and it shall have the power to lower, raise, equalize, and determine the proper amount of benefit assessable against the property described in the petition.

(b) The amount and legality of an assessment made by any district, in the absence of a petition for a review, shall be conclusive.

Acts 1941, No. 287, § 10; A.S.A. 1947, § 21-710.
Ark. Code Ann. § 14-123-422 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-422
Report of state lands sold by levee districts
Status: in_force

(a) On or before May 1 in each year after the passage of this act, the president and secretary of each of the levee boards created under the laws of this state and holding lands by virtue of any acts passed by the General Assembly of the State of Arkansas, donating lands to the several levee districts in the state, shall file with the Commissioner of State Lands a list of all lands disposed of by their respective boards the preceding year, showing the sections or parts of sections disposed of, the respective purchasers of each tract, and the date of sale. The first report shall contain a list showing a description of all the lands previously sold and the respective purchasers of each tract. (b) Upon receipt of the report, it shall be the duty of the Commissioner of State Lands to certify down to the clerks of the respective counties, a list of all lands sold, to the end that they may be listed for taxation. (c) Upon failure of any levee board or boards to comply with subsection (a) of this section, the clerks of the respective counties in which the lands of the district or districts are situated shall list all of the lands of the district or districts for taxation, and the lands shall be taxed as lands of all private individuals, corporations, and companies. Acts 1901, No. 94, §§ 1-3, p. 160; C. & M. Dig., §§ 6585, 9927; Pope's Dig., §§ 8616, 13694; A.S.A. 1947, §§ 21-641 -- 21-643.

(a) On or before May 1 in each year after the passage of this act, the president and secretary of each of the levee boards created under the laws of this state and holding lands by virtue of any acts passed by the General Assembly of the State of Arkansas, donating lands to the several levee districts in the state, shall file with the Commissioner of State Lands a list of all lands disposed of by their respective boards the preceding year, showing the sections or parts of sections disposed of, the respective purchasers of each tract, and the date of sale. The first report shall contain a list showing a description of all the lands previously sold and the respective purchasers of each tract.

(b) Upon receipt of the report, it shall be the duty of the Commissioner of State Lands to certify down to the clerks of the respective counties, a list of all lands sold, to the end that they may be listed for taxation.

(c) Upon failure of any levee board or boards to comply with subsection (a) of this section, the clerks of the respective counties in which the lands of the district or districts are situated shall list all of the lands of the district or districts for taxation, and the lands shall be taxed as lands of all private individuals, corporations, and companies.

Acts 1901, No. 94, §§ 1-3, p. 160; C. & M. Dig., §§ 6585, 9927; Pope's Dig., §§ 8616, 13694; A.S.A. 1947, §§ 21-641 -- 21-643.
Ark. Code Ann. § 14-51-308 — AR Code / Title 14 / Chapter 51 / Subchapter 3 / Section 14-51-308
Suspension, discharge, or reduction in rank or compensation
Status: in_force

(a) (1) No civil service employee shall be discharged, reduced in rank or compensation, or suspended for three (3) or more days without being notified in writing of the discharge, reduction in rank or compensation, or the suspension for three (3) or more days and its cause. (2) In case of suspension, discharge, or reduction, the affected or accused person shall have written notice of the action at the time action is taken. (b) (1) Within ten (10) days after the notice in writing is served upon the officer, private, or employee, the person may request a trial before the board of civil service commissioners on the charges alleged as the grounds for discharge, reduction, or suspension for three (3) days or more if he or she so desires. (2) (A) In the event a request for trial is made, the municipal civil service commission shall fix a date for the trial not more than fifteen (15) days after the request is made. (B) (i) If the request for trial is not made within ten (10) days from the date of service of notice, the discharge, reduction, or suspension for three (3) days or more shall become final and no trial shall be granted after that date. (ii) The appeal shall be taken by filing a notice of appeal with the commission within thirty (30) days from the date of the decision. The responsibility of filing an appeal and paying for the transcript of the proceedings before the commission shall be borne by the party desiring to appeal the commission's decision. (iii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript. (iv) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript. (c) (1) In the event of a trial, the officer, private, or employee requesting the trial shall be notified of the date and place of the trial at least ten (10) days prior to the date thereof. (2) The officer, private, or employee shall have compulsory process to have witnesses present at the trial. (d) (1) The chair of the commission shall preside at all trials and shall determine and decide all questions relative to pleadings and the admissibility of evidence. (2) The decision of the commission shall be by a majority vote of the members of the commission. (e) (1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within the jurisdiction of which the commission is situated. (B) (i) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. The responsibility of filing an appeal and paying for the transcript of the proceedings before the municipal civil service commission shall be borne by the party desiring to appeal the commission's decision. (ii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript. (iii) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript. (iv) The circuit court may award reasonable attorney's fees to the prevailing party for the proceedings in circuit court. (C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible. (2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court. (B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court. (f) In the event that it is finally determined that there was a wrongful suspension, discharge, or reduction in rank of any employee, the employee shall be entitled to judgment against the city for whatever loss he or she may have sustained by reason of his or her suspension, discharge, or demotion, taking into consideration any remuneration which the officer, private, or employee may have received from other sources pending the final determination of his or her case. Amended by Act 2013, No. 994,§ 1, eff. 8/16/2013. Acts 1933, No. 28, § 13; Pope's Dig., § 9957; Acts 1949, No. 326, § 2; 1959, No. 205, § 2; A.S.A. 1947, §§ 19-1605.1, 19-1613; Acts 1991, No. 244, § 1; 2001, No. 1441, § 1; 2003, No. 1815, § 1.

(a) (1) No civil service employee shall be discharged, reduced in rank or compensation, or suspended for three (3) or more days without being notified in writing of the discharge, reduction in rank or compensation, or the suspension for three (3) or more days and its cause. (2) In case of suspension, discharge, or reduction, the affected or accused person shall have written notice of the action at the time action is taken.

(1) No civil service employee shall be discharged, reduced in rank or compensation, or suspended for three (3) or more days without being notified in writing of the discharge, reduction in rank or compensation, or the suspension for three (3) or more days and its cause.

(2) In case of suspension, discharge, or reduction, the affected or accused person shall have written notice of the action at the time action is taken.

(b) (1) Within ten (10) days after the notice in writing is served upon the officer, private, or employee, the person may request a trial before the board of civil service commissioners on the charges alleged as the grounds for discharge, reduction, or suspension for three (3) days or more if he or she so desires. (2) (A) In the event a request for trial is made, the municipal civil service commission shall fix a date for the trial not more than fifteen (15) days after the request is made. (B) (i) If the request for trial is not made within ten (10) days from the date of service of notice, the discharge, reduction, or suspension for three (3) days or more shall become final and no trial shall be granted after that date. (ii) The appeal shall be taken by filing a notice of appeal with the commission within thirty (30) days from the date of the decision. The responsibility of filing an appeal and paying for the transcript of the proceedings before the commission shall be borne by the party desiring to appeal the commission's decision. (iii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript. (iv) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript.

(1) Within ten (10) days after the notice in writing is served upon the officer, private, or employee, the person may request a trial before the board of civil service commissioners on the charges alleged as the grounds for discharge, reduction, or suspension for three (3) days or more if he or she so desires.

(2) (A) In the event a request for trial is made, the municipal civil service commission shall fix a date for the trial not more than fifteen (15) days after the request is made. (B) (i) If the request for trial is not made within ten (10) days from the date of service of notice, the discharge, reduction, or suspension for three (3) days or more shall become final and no trial shall be granted after that date. (ii) The appeal shall be taken by filing a notice of appeal with the commission within thirty (30) days from the date of the decision. The responsibility of filing an appeal and paying for the transcript of the proceedings before the commission shall be borne by the party desiring to appeal the commission's decision. (iii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript. (iv) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript.

(A) In the event a request for trial is made, the municipal civil service commission shall fix a date for the trial not more than fifteen (15) days after the request is made.

(B) (i) If the request for trial is not made within ten (10) days from the date of service of notice, the discharge, reduction, or suspension for three (3) days or more shall become final and no trial shall be granted after that date. (ii) The appeal shall be taken by filing a notice of appeal with the commission within thirty (30) days from the date of the decision. The responsibility of filing an appeal and paying for the transcript of the proceedings before the commission shall be borne by the party desiring to appeal the commission's decision. (iii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript. (iv) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript.

(i) If the request for trial is not made within ten (10) days from the date of service of notice, the discharge, reduction, or suspension for three (3) days or more shall become final and no trial shall be granted after that date.

(ii) The appeal shall be taken by filing a notice of appeal with the commission within thirty (30) days from the date of the decision. The responsibility of filing an appeal and paying for the transcript of the proceedings before the commission shall be borne by the party desiring to appeal the commission's decision.

(iii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript.

(iv) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript.

(c) (1) In the event of a trial, the officer, private, or employee requesting the trial shall be notified of the date and place of the trial at least ten (10) days prior to the date thereof. (2) The officer, private, or employee shall have compulsory process to have witnesses present at the trial.

(1) In the event of a trial, the officer, private, or employee requesting the trial shall be notified of the date and place of the trial at least ten (10) days prior to the date thereof.

(2) The officer, private, or employee shall have compulsory process to have witnesses present at the trial.

(d) (1) The chair of the commission shall preside at all trials and shall determine and decide all questions relative to pleadings and the admissibility of evidence. (2) The decision of the commission shall be by a majority vote of the members of the commission.

(1) The chair of the commission shall preside at all trials and shall determine and decide all questions relative to pleadings and the admissibility of evidence.

(2) The decision of the commission shall be by a majority vote of the members of the commission.

(e) (1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within the jurisdiction of which the commission is situated. (B) (i) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. The responsibility of filing an appeal and paying for the transcript of the proceedings before the municipal civil service commission shall be borne by the party desiring to appeal the commission's decision. (ii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript. (iii) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript. (iv) The circuit court may award reasonable attorney's fees to the prevailing party for the proceedings in circuit court. (C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible. (2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court. (B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court.

(1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within the jurisdiction of which the commission is situated. (B) (i) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. The responsibility of filing an appeal and paying for the transcript of the proceedings before the municipal civil service commission shall be borne by the party desiring to appeal the commission's decision. (ii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript. (iii) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript. (iv) The circuit court may award reasonable attorney's fees to the prevailing party for the proceedings in circuit court. (C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible.

(A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within the jurisdiction of which the commission is situated.

(B) (i) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. The responsibility of filing an appeal and paying for the transcript of the proceedings before the municipal civil service commission shall be borne by the party desiring to appeal the commission's decision. (ii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript. (iii) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript. (iv) The circuit court may award reasonable attorney's fees to the prevailing party for the proceedings in circuit court.

(i) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. The responsibility of filing an appeal and paying for the transcript of the proceedings before the municipal civil service commission shall be borne by the party desiring to appeal the commission's decision.

(ii) Upon receiving notice of an appeal, the commission will prepare a written order containing its decision and ensure that the transcript and evidence be made available for filing in the circuit court once the appealing party has paid the cost of preparing the transcript.

(iii) However, if the court determines that the party appealing the commission's decision took the appeal in good faith and with reasonable cause to believe he or she would prevail, the commission shall reimburse the appealing party for the cost of the transcript.

(iv) The circuit court may award reasonable attorney's fees to the prevailing party for the proceedings in circuit court.

(C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible.

(i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee.

(ii) The testimony or evidence must be competent and otherwise admissible.

(2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court. (B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court.

(A) A right of appeal is also given from any action from the circuit court to the Supreme Court.

(B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court.

(f) In the event that it is finally determined that there was a wrongful suspension, discharge, or reduction in rank of any employee, the employee shall be entitled to judgment against the city for whatever loss he or she may have sustained by reason of his or her suspension, discharge, or demotion, taking into consideration any remuneration which the officer, private, or employee may have received from other sources pending the final determination of his or her case.

Amended by Act 2013, No. 994,§ 1, eff. 8/16/2013.

Acts 1933, No. 28, § 13; Pope's Dig., § 9957; Acts 1949, No. 326, § 2; 1959, No. 205, § 2; A.S.A. 1947, §§ 19-1605.1, 19-1613; Acts 1991, No. 244, § 1; 2001, No. 1441, § 1; 2003, No. 1815, § 1.
Ark. Code Ann. § 14-141-107 — AR Code / Title 14 / Chapter 141 / Section 14-141-107
Powers of commissioners generally - Exception
Status: in_force

(a) The commissioners of a municipal auditorium commission appointed under this chapter shall have full and complete authority to manage, operate, maintain, and keep in a good state of repair the municipal auditorium. They shall have full and complete charge of the building, including the right to control and permit or refuse to permit such public gatherings or other meetings or affairs as the commissioners shall see fit and deem to be in the best interests of the city. (b) The commissioners shall have the right to employ or remove managers, janitors, and other employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries, it being the intention of this chapter to vest in the commissioners authority to operate, manage, maintain, and control the municipal auditorium and to have full and complete charge thereof. (c) The commissioners shall not have authority or power to sell, mortgage, or encumber the auditorium unless otherwise authorized by the statutes of Arkansas. Acts 1939, No. 355, § 5; A.S.A. 1947, § 19-2605.

(a) The commissioners of a municipal auditorium commission appointed under this chapter shall have full and complete authority to manage, operate, maintain, and keep in a good state of repair the municipal auditorium. They shall have full and complete charge of the building, including the right to control and permit or refuse to permit such public gatherings or other meetings or affairs as the commissioners shall see fit and deem to be in the best interests of the city.

(b) The commissioners shall have the right to employ or remove managers, janitors, and other employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries, it being the intention of this chapter to vest in the commissioners authority to operate, manage, maintain, and control the municipal auditorium and to have full and complete charge thereof.

(c) The commissioners shall not have authority or power to sell, mortgage, or encumber the auditorium unless otherwise authorized by the statutes of Arkansas.

Acts 1939, No. 355, § 5; A.S.A. 1947, § 19-2605.
Ark. Code Ann. § 14-362-111 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-111
Issuance of revenue bonds - Resolution of authority - Nature of bonds
Status: in_force

(a) The issuance of revenue bonds shall be by resolution of the authority. (b) The bonds of each issue may: (1) Be coupon bonds payable to bearer or may be registrable as to principal only or as to both principal and interest; (2) Be in such form and denominations; (3) Be made payable at such places within or without the state; (4) Be issued in one (1) or more series; (5) Bear such date or dates; (6) Mature at such time or times, not exceeding forty (40) years from their respective dates; (7) Bear interest at such rate or rates; (8) Be payable in such medium of payment; (9) Be subject to such terms of redemption; and (10) Contain such terms, covenants, and conditions as the resolution authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The imposition and maintenance of rates and charges for the use of airport facilities; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and (G) The rights of the holders and registered owners of the bonds. (c) (1) There may be successive bond issues for the purpose of financing the same project. There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (2) Priority between and among issues and successive issues as to security, the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved, may be controlled by the resolutions authorizing the issuance of bonds under this chapter. (d) Subject to the provisions of this section and §§ 14-362-110 and 14-362-112 - 14-362-118 , pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225.

(a) The issuance of revenue bonds shall be by resolution of the authority.

(b) The bonds of each issue may: (1) Be coupon bonds payable to bearer or may be registrable as to principal only or as to both principal and interest; (2) Be in such form and denominations; (3) Be made payable at such places within or without the state; (4) Be issued in one (1) or more series; (5) Bear such date or dates; (6) Mature at such time or times, not exceeding forty (40) years from their respective dates; (7) Bear interest at such rate or rates; (8) Be payable in such medium of payment; (9) Be subject to such terms of redemption; and (10) Contain such terms, covenants, and conditions as the resolution authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The imposition and maintenance of rates and charges for the use of airport facilities; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and (G) The rights of the holders and registered owners of the bonds.

(1) Be coupon bonds payable to bearer or may be registrable as to principal only or as to both principal and interest;

(2) Be in such form and denominations;

(3) Be made payable at such places within or without the state;

(4) Be issued in one (1) or more series;

(5) Bear such date or dates;

(6) Mature at such time or times, not exceeding forty (40) years from their respective dates;

(7) Bear interest at such rate or rates;

(8) Be payable in such medium of payment;

(9) Be subject to such terms of redemption; and

(10) Contain such terms, covenants, and conditions as the resolution authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The imposition and maintenance of rates and charges for the use of airport facilities; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and (G) The rights of the holders and registered owners of the bonds.

(A) The custody and application of the proceeds of the bonds;

(B) The collection and disposition of revenues;

(C) The maintenance and investment of various funds and reserves;

(D) The imposition and maintenance of rates and charges for the use of airport facilities;

(E) The nature and extent of the security;

(F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and

(G) The rights of the holders and registered owners of the bonds.

(c) (1) There may be successive bond issues for the purpose of financing the same project. There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (2) Priority between and among issues and successive issues as to security, the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved, may be controlled by the resolutions authorizing the issuance of bonds under this chapter.

(1) There may be successive bond issues for the purpose of financing the same project. There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter.

(2) Priority between and among issues and successive issues as to security, the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved, may be controlled by the resolutions authorizing the issuance of bonds under this chapter.

(d) Subject to the provisions of this section and §§ 14-362-110 and 14-362-112 - 14-362-118 , pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225.
Ark. Code Ann. § 14-15-502 — AR Code / Title 14 / Chapter 15 / Subchapter 5 / Section 14-15-502
Validity of bonds
Status: in_force

No bond entered into by a sheriff shall be deemed void for not having the approval of the court or clerk endorsed thereon. Rev. Stat., ch. 140, § 4; C. & M. Dig., § 9150; Pope's Dig., § 11812; A.S.A. 1947, § 12-1103.

No bond entered into by a sheriff shall be deemed void for not having the approval of the court or clerk endorsed thereon.

Rev. Stat., ch. 140, § 4; C. & M. Dig., § 9150; Pope's Dig., § 11812; A.S.A. 1947, § 12-1103.
Ark. Code Ann. § 14-38-101 — AR Code / Title 14 / Chapter 38 / Section 14-38-101
Petition for incorporation
Status: in_force

(a) (1) When the inhabitants of a part of any county not embraced within the limits of any city or incorporated town shall desire to be organized into a city or incorporated town, they may apply, by a petition in writing, signed by the greater of either two hundred (200) or a majority of the qualified voters residing within the described territory, to the county court of the proper county. (2) The petition shall: (A) Describe the territory proposed to be embraced in the incorporated town and have annexed to it an accurate map or plat of the territory; (B) State the name proposed for the incorporated town; and (C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition. (b) (1) Unless the governing body of the municipal corporation has affirmatively consented to the incorporation by written resolution or the area that seeks to be incorporated contains a population of one thousand five hundred (1,500) or more, the court shall not approve the incorporation of a municipality if any portion of the territory proposed to be embraced in the incorporated town lies within: (A) Three (3) miles of an existing municipal corporation; or (B) The area in which that existing municipal corporation is exercising its planning territorial jurisdiction. (2) The planning territorial jurisdiction limitation shall not apply if the area proposed to be incorporated is land upon which a real estate development by a single developer, containing not less than four thousand (4,000) acres, has been or is being developed under a comprehensive plan for a community containing streets and other public services, parks, and other recreational facilities for common use by the residents of the community, churches, schools, and commercial and residential facilities, and which has been subdivided into sufficient lots for residential use to accommodate a projected population of not fewer than one thousand (1,000) persons, and for which a statement of record has been filed with the United States Secretary of Housing and Urban Development under the Interstate Land Sales Full Disclosure Act. (c) When any petition shall be presented to the court, it shall be filed in the office of the county clerk, to be kept there, subject to the inspection of any persons interested, until the time appointed for the hearing of it. (d) (1) At or before the time of the filing, the court shall fix and communicate to the petitioners, or their agent, a time and place for the hearing of the petition, which time shall not be less than thirty (30) days after the filing of the petition. (2) (A) (i) Thereupon, the petitioners or their agent shall cause a notice to be published in some newspaper of general circulation in the county for not less than three (3) consecutive weeks. (ii) If there is no newspaper of general circulation in the county, a notice shall be posted at some public place within the limits of the proposed incorporated town for at least three (3) weeks before the time of the hearing. (B) The notice shall contain the substance of the petition and state the time and place appointed for the hearing. Amended by Act 2019, No. 932,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1055,§ 1, eff. 8/1/2017. Acts 1875, No. 1, § 35, p. 1; C. & M. Dig., § 7664; Pope's Dig., § 9786; Acts 1975, No. 635, § 1; 1979, No. 606, § 1; 1983, No. 439, § 1; A.S.A. 1947, § 19-101; Acts 2001, No. 1233, §§ 1, 2; 2001, No. 1831, § 1; 2007, No. 118, § 1.

(a) (1) When the inhabitants of a part of any county not embraced within the limits of any city or incorporated town shall desire to be organized into a city or incorporated town, they may apply, by a petition in writing, signed by the greater of either two hundred (200) or a majority of the qualified voters residing within the described territory, to the county court of the proper county. (2) The petition shall: (A) Describe the territory proposed to be embraced in the incorporated town and have annexed to it an accurate map or plat of the territory; (B) State the name proposed for the incorporated town; and (C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition.

(1) When the inhabitants of a part of any county not embraced within the limits of any city or incorporated town shall desire to be organized into a city or incorporated town, they may apply, by a petition in writing, signed by the greater of either two hundred (200) or a majority of the qualified voters residing within the described territory, to the county court of the proper county.

(2) The petition shall: (A) Describe the territory proposed to be embraced in the incorporated town and have annexed to it an accurate map or plat of the territory; (B) State the name proposed for the incorporated town; and (C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition.

(A) Describe the territory proposed to be embraced in the incorporated town and have annexed to it an accurate map or plat of the territory;

(B) State the name proposed for the incorporated town; and

(C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition.

(b) (1) Unless the governing body of the municipal corporation has affirmatively consented to the incorporation by written resolution or the area that seeks to be incorporated contains a population of one thousand five hundred (1,500) or more, the court shall not approve the incorporation of a municipality if any portion of the territory proposed to be embraced in the incorporated town lies within: (A) Three (3) miles of an existing municipal corporation; or (B) The area in which that existing municipal corporation is exercising its planning territorial jurisdiction. (2) The planning territorial jurisdiction limitation shall not apply if the area proposed to be incorporated is land upon which a real estate development by a single developer, containing not less than four thousand (4,000) acres, has been or is being developed under a comprehensive plan for a community containing streets and other public services, parks, and other recreational facilities for common use by the residents of the community, churches, schools, and commercial and residential facilities, and which has been subdivided into sufficient lots for residential use to accommodate a projected population of not fewer than one thousand (1,000) persons, and for which a statement of record has been filed with the United States Secretary of Housing and Urban Development under the Interstate Land Sales Full Disclosure Act.

(1) Unless the governing body of the municipal corporation has affirmatively consented to the incorporation by written resolution or the area that seeks to be incorporated contains a population of one thousand five hundred (1,500) or more, the court shall not approve the incorporation of a municipality if any portion of the territory proposed to be embraced in the incorporated town lies within: (A) Three (3) miles of an existing municipal corporation; or (B) The area in which that existing municipal corporation is exercising its planning territorial jurisdiction.

(A) Three (3) miles of an existing municipal corporation; or

(B) The area in which that existing municipal corporation is exercising its planning territorial jurisdiction.

(2) The planning territorial jurisdiction limitation shall not apply if the area proposed to be incorporated is land upon which a real estate development by a single developer, containing not less than four thousand (4,000) acres, has been or is being developed under a comprehensive plan for a community containing streets and other public services, parks, and other recreational facilities for common use by the residents of the community, churches, schools, and commercial and residential facilities, and which has been subdivided into sufficient lots for residential use to accommodate a projected population of not fewer than one thousand (1,000) persons, and for which a statement of record has been filed with the United States Secretary of Housing and Urban Development under the Interstate Land Sales Full Disclosure Act.

(c) When any petition shall be presented to the court, it shall be filed in the office of the county clerk, to be kept there, subject to the inspection of any persons interested, until the time appointed for the hearing of it.

(d) (1) At or before the time of the filing, the court shall fix and communicate to the petitioners, or their agent, a time and place for the hearing of the petition, which time shall not be less than thirty (30) days after the filing of the petition. (2) (A) (i) Thereupon, the petitioners or their agent shall cause a notice to be published in some newspaper of general circulation in the county for not less than three (3) consecutive weeks. (ii) If there is no newspaper of general circulation in the county, a notice shall be posted at some public place within the limits of the proposed incorporated town for at least three (3) weeks before the time of the hearing. (B) The notice shall contain the substance of the petition and state the time and place appointed for the hearing.

(1) At or before the time of the filing, the court shall fix and communicate to the petitioners, or their agent, a time and place for the hearing of the petition, which time shall not be less than thirty (30) days after the filing of the petition.

(2) (A) (i) Thereupon, the petitioners or their agent shall cause a notice to be published in some newspaper of general circulation in the county for not less than three (3) consecutive weeks. (ii) If there is no newspaper of general circulation in the county, a notice shall be posted at some public place within the limits of the proposed incorporated town for at least three (3) weeks before the time of the hearing. (B) The notice shall contain the substance of the petition and state the time and place appointed for the hearing.

(A) (i) Thereupon, the petitioners or their agent shall cause a notice to be published in some newspaper of general circulation in the county for not less than three (3) consecutive weeks. (ii) If there is no newspaper of general circulation in the county, a notice shall be posted at some public place within the limits of the proposed incorporated town for at least three (3) weeks before the time of the hearing.

(i) Thereupon, the petitioners or their agent shall cause a notice to be published in some newspaper of general circulation in the county for not less than three (3) consecutive weeks.

(ii) If there is no newspaper of general circulation in the county, a notice shall be posted at some public place within the limits of the proposed incorporated town for at least three (3) weeks before the time of the hearing.

(B) The notice shall contain the substance of the petition and state the time and place appointed for the hearing.

Amended by Act 2019, No. 932,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 1055,§ 1, eff. 8/1/2017.

Acts 1875, No. 1, § 35, p. 1; C. & M. Dig., § 7664; Pope's Dig., § 9786; Acts 1975, No. 635, § 1; 1979, No. 606, § 1; 1983, No. 439, § 1; A.S.A. 1947, § 19-101; Acts 2001, No. 1233, §§ 1, 2; 2001, No. 1831, § 1; 2007, No. 118, § 1.
Ark. Code Ann. § 14-300-102 — AR Code / Title 14 / Chapter 300 / Subchapter 1 / Section 14-300-102
Purchase of surplus bridge material by county - Definition
Status: in_force

(a) As used in this section, "surplus bridge material" means a general contractor's excess or unused bridge steel or other scrap items remaining after completion of a contract for the construction, improvement, rehabilitation, or replacement of a bridge on a state highway or county road. (b) (1) When a general contractor is awarded a contract for the construction, improvement, rehabilitation, or replacement of a bridge on a state highway or county road, the county judge of the county in which the bridge is located may notify the general contractor in writing no later than thirty (30) days after the contractor is issued a work order on the project that the county requests to purchase all or any portion of the surplus bridge material at the salvage value price. (2) This section does not prevent a general contractor from retaining surplus bridge material for the general contractor's own purposes. (3) A general contractor does not have a duty to notify the county judge of a bridge construction project the general contractor undertakes in a county. (c) (1) If a general contractor elects to sell the surplus bridge material for salvage and the county has given notice under subsection (b) of this section, then the county has a right of first refusal to purchase all or any portion of the surplus bridge material for the salvage value price. (2) The county judge shall tender the county's written offer to purchase all or any portion of the surplus bridge material at salvage value price. (d) (1) The purchase by the county of surplus bridge material is "as is", and the county shall hire an engineer to inspect any surplus bridge material it acquires under this section to determine if the surplus bridge material is suitable for the county's intended use. (2) The general contractor does not have a responsibility to inspect or otherwise render an opinion as to the condition, state, or suitability of the surplus bridge material for the county's intended use. (e) This section does not create a cause of action, and a cause of action shall not be available, in negligence or otherwise, against a general contractor for the surplus bridge material purchased by the county under this section. (f) The county shall retrieve and transport the surplus bridge material it acquires under this section within thirty (30) days after the election by the general contractor to sell the surplus bridge material at salvage value price under subdivision (c)(1) of this section unless otherwise agreed by the parties. Added by Act 2015, No. 232,§ 1, eff. 7/22/2015.

(a) As used in this section, "surplus bridge material" means a general contractor's excess or unused bridge steel or other scrap items remaining after completion of a contract for the construction, improvement, rehabilitation, or replacement of a bridge on a state highway or county road.

(b) (1) When a general contractor is awarded a contract for the construction, improvement, rehabilitation, or replacement of a bridge on a state highway or county road, the county judge of the county in which the bridge is located may notify the general contractor in writing no later than thirty (30) days after the contractor is issued a work order on the project that the county requests to purchase all or any portion of the surplus bridge material at the salvage value price. (2) This section does not prevent a general contractor from retaining surplus bridge material for the general contractor's own purposes. (3) A general contractor does not have a duty to notify the county judge of a bridge construction project the general contractor undertakes in a county.

(1) When a general contractor is awarded a contract for the construction, improvement, rehabilitation, or replacement of a bridge on a state highway or county road, the county judge of the county in which the bridge is located may notify the general contractor in writing no later than thirty (30) days after the contractor is issued a work order on the project that the county requests to purchase all or any portion of the surplus bridge material at the salvage value price.

(2) This section does not prevent a general contractor from retaining surplus bridge material for the general contractor's own purposes.

(3) A general contractor does not have a duty to notify the county judge of a bridge construction project the general contractor undertakes in a county.

(c) (1) If a general contractor elects to sell the surplus bridge material for salvage and the county has given notice under subsection (b) of this section, then the county has a right of first refusal to purchase all or any portion of the surplus bridge material for the salvage value price. (2) The county judge shall tender the county's written offer to purchase all or any portion of the surplus bridge material at salvage value price.

(1) If a general contractor elects to sell the surplus bridge material for salvage and the county has given notice under subsection (b) of this section, then the county has a right of first refusal to purchase all or any portion of the surplus bridge material for the salvage value price.

(2) The county judge shall tender the county's written offer to purchase all or any portion of the surplus bridge material at salvage value price.

(d) (1) The purchase by the county of surplus bridge material is "as is", and the county shall hire an engineer to inspect any surplus bridge material it acquires under this section to determine if the surplus bridge material is suitable for the county's intended use. (2) The general contractor does not have a responsibility to inspect or otherwise render an opinion as to the condition, state, or suitability of the surplus bridge material for the county's intended use.

(1) The purchase by the county of surplus bridge material is "as is", and the county shall hire an engineer to inspect any surplus bridge material it acquires under this section to determine if the surplus bridge material is suitable for the county's intended use.

(2) The general contractor does not have a responsibility to inspect or otherwise render an opinion as to the condition, state, or suitability of the surplus bridge material for the county's intended use.

(e) This section does not create a cause of action, and a cause of action shall not be available, in negligence or otherwise, against a general contractor for the surplus bridge material purchased by the county under this section.

(f) The county shall retrieve and transport the surplus bridge material it acquires under this section within thirty (30) days after the election by the general contractor to sell the surplus bridge material at salvage value price under subdivision (c)(1) of this section unless otherwise agreed by the parties.

Added by Act 2015, No. 232,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-43-202 — AR Code / Title 14 / Chapter 43 / Subchapter 2 / Section 14-43-202
Write-in votes not counted
Status: in_force

In all general elections held in cities of the first class and second class and incorporated towns for the election of officials of these municipalities, no ballots shall be counted for any person whose name is written in thereon. Only votes cast for the regularly nominated, or otherwise qualified, candidates whose names are printed on the ballot as candidates in the election shall be counted by the judges and clerks. Acts 1935, No. 105, § 1; Pope's Dig., § 9575; A.S.A. 1947, § 19-1001; Acts 1995, No. 179, § 1.

In all general elections held in cities of the first class and second class and incorporated towns for the election of officials of these municipalities, no ballots shall be counted for any person whose name is written in thereon. Only votes cast for the regularly nominated, or otherwise qualified, candidates whose names are printed on the ballot as candidates in the election shall be counted by the judges and clerks.

Acts 1935, No. 105, § 1; Pope's Dig., § 9575; A.S.A. 1947, § 19-1001; Acts 1995, No. 179, § 1.
Ark. Code Ann. § 14-167-216 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-216
Mortgage lien
Status: in_force

(a) The ordinance or indenture referred to in § 14-167-207 or § 14-167-209 may, but need not, impose a foreclosable mortgage lien upon the land, buildings, or other properties acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this subchapter. (b) The nature and extent of the mortgage lien may be controlled by the ordinance or indenture including, without limitation, provisions pertaining to: (1) The release of all or part of the land, buildings, or other properties from the mortgage lien; and (2) The priority of the mortgage lien in the event of successive bond issues as authorized by § 14-167-212 . (c) The ordinance or indenture authorizing or securing the bonds may authorize any holder or registered owner of bonds issued under the provisions of this subchapter, or a trustee on behalf of all holders and registered owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuing municipality or county set forth in this subchapter and set forth in the ordinance or indenture authorizing or securing the bonds. (d) References in this subchapter to mortgage lien shall include and mean security interest in any personal property embodied in properties acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this subchapter. Acts 1981, No. 53, § 9; A.S.A. 1947, § 13-2409.

(a) The ordinance or indenture referred to in § 14-167-207 or § 14-167-209 may, but need not, impose a foreclosable mortgage lien upon the land, buildings, or other properties acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this subchapter.

(b) The nature and extent of the mortgage lien may be controlled by the ordinance or indenture including, without limitation, provisions pertaining to: (1) The release of all or part of the land, buildings, or other properties from the mortgage lien; and (2) The priority of the mortgage lien in the event of successive bond issues as authorized by § 14-167-212 .

(1) The release of all or part of the land, buildings, or other properties from the mortgage lien; and

(2) The priority of the mortgage lien in the event of successive bond issues as authorized by § 14-167-212 .

(c) The ordinance or indenture authorizing or securing the bonds may authorize any holder or registered owner of bonds issued under the provisions of this subchapter, or a trustee on behalf of all holders and registered owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuing municipality or county set forth in this subchapter and set forth in the ordinance or indenture authorizing or securing the bonds.

(d) References in this subchapter to mortgage lien shall include and mean security interest in any personal property embodied in properties acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this subchapter.

Acts 1981, No. 53, § 9; A.S.A. 1947, § 13-2409.
Ark. Code Ann. § 14-299-202 — AR Code / Title 14 / Chapter 299 / Subchapter 2 / Section 14-299-202
Signer's failure to pay pro rata costs
Status: in_force

If any signer of the agreement fails to pay his part of the costs according to the terms of the agreement, the board of commissioners created in § 14-299-204 is authorized to bring suit against the owner, his successors, and assigns for the recovery of the amount due. Until that amount is paid, it shall constitute a lien upon the land of the delinquent owner in the township or area affected. Acts 1949, No. 294, § 1; A.S.A. 1947, § 76-1030.

If any signer of the agreement fails to pay his part of the costs according to the terms of the agreement, the board of commissioners created in § 14-299-204 is authorized to bring suit against the owner, his successors, and assigns for the recovery of the amount due. Until that amount is paid, it shall constitute a lien upon the land of the delinquent owner in the township or area affected.

Acts 1949, No. 294, § 1; A.S.A. 1947, § 76-1030.
Ark. Code Ann. § 14-267-110 — AR Code / Title 14 / Chapter 267 / Section 14-267-110
Bonds - Mortgage lien
Status: in_force

(a) The ordinance, order, or indenture referred to in § 14-267-107 may, but need not, impose a foreclosable mortgage lien upon the land, buildings, and facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter. The nature and extent of the mortgage lien may be controlled by the ordinance, order, or indenture, including, without limitation, provisions pertaining to the release of all or part of the land, buildings, and facilities from the mortgage lien and the priority of the mortgage lien in the event of successive bond issues, as authorized by § 14-267-107 . (b) The ordinance, order, or indenture authorizing or securing the bonds may authorize any holder or registered owner of bonds issued under the provisions of this chapter, or a trustee on behalf of all holders and registered owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuing municipality or county as set forth in this chapter and in the ordinance, order, or indenture authorizing or securing the bonds. (c) References in this chapter to "mortgage lien" shall include a security interest in any personal property embodied in a pollution control project acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter. Acts 1973, No. 247, § 7; 1975, No. 153, § 2; A.S.A. 1947, § 13-1907.

(a) The ordinance, order, or indenture referred to in § 14-267-107 may, but need not, impose a foreclosable mortgage lien upon the land, buildings, and facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter. The nature and extent of the mortgage lien may be controlled by the ordinance, order, or indenture, including, without limitation, provisions pertaining to the release of all or part of the land, buildings, and facilities from the mortgage lien and the priority of the mortgage lien in the event of successive bond issues, as authorized by § 14-267-107 .

(b) The ordinance, order, or indenture authorizing or securing the bonds may authorize any holder or registered owner of bonds issued under the provisions of this chapter, or a trustee on behalf of all holders and registered owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuing municipality or county as set forth in this chapter and in the ordinance, order, or indenture authorizing or securing the bonds.

(c) References in this chapter to "mortgage lien" shall include a security interest in any personal property embodied in a pollution control project acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter.

Acts 1973, No. 247, § 7; 1975, No. 153, § 2; A.S.A. 1947, § 13-1907.
Ark. Code Ann. § 14-54-805 — AR Code / Title 14 / Chapter 54 / Subchapter 8 / Section 14-54-805
[Repealed]
Status: repealed

Repealed by Act 2023, No. 699,§ 2, eff. 8/1/2023. Added by Act 2021, No. 392,§ 1, eff. 7/28/2021.

Repealed by Act 2023, No. 699,§ 2, eff. 8/1/2023.

Added by Act 2021, No. 392,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-185-137 — AR Code / Title 14 / Chapter 185 / Section 14-185-137
Bonds - Default - Receiver
Status: in_force

(a) In the event of a default in the payment of the principal of or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or facilities upon which there is a mortgage lien securing the bonds. (b) The receiver shall have the power to operate and maintain the land, buildings, or facilities and to charge and collect rates or rents with reference to them. These rents shall be sufficient to provide for the payment of the principal of and interest on bonds, after providing for the payment of any costs of receivership and operating expenses of the land, buildings, or facilities and to apply the income and revenues derived from them in conformity with this chapter and the resolution or indenture authorizing or securing the bonds. (c) When the default has been cured, the receivership shall be ended and the properties returned to the authority issuing the bonds. (d) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the resolution or indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from, the mortgage lien on, the land, buildings, or facilities as specified in and fixed by the resolution or indenture authorizing or securing successive bond issues. Acts 1961, No. 439, § 9; 1975 (Extended Sess., 1976), No. 1232, § 1; A.S.A. 1947, § 21-1509; reen. Acts 1987, No. 1017, § 1.

(a) In the event of a default in the payment of the principal of or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or facilities upon which there is a mortgage lien securing the bonds.

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

(c) When the default has been cured, the receivership shall be ended and the properties returned to the authority issuing the bonds.

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

Acts 1961, No. 439, § 9; 1975 (Extended Sess., 1976), No. 1232, § 1; A.S.A. 1947, § 21-1509; reen. Acts 1987, No. 1017, § 1.
Ark. Code Ann. § 14-123-505 — AR Code / Title 14 / Chapter 123 / Subchapter 5 / Section 14-123-505
Remittance by tax collector
Status: in_force

During the period permitted for the collection of levee taxes in levee districts embracing lands in four (4) or more counties within the state, each tax collector shall make remittance of all collections to the treasurer of the board of directors every ten (10) days or more often if required by the board of directors to do so. Acts 1951, No. 86, § 2; A.S.A. 1947, § 21-651.

During the period permitted for the collection of levee taxes in levee districts embracing lands in four (4) or more counties within the state, each tax collector shall make remittance of all collections to the treasurer of the board of directors every ten (10) days or more often if required by the board of directors to do so.

Acts 1951, No. 86, § 2; A.S.A. 1947, § 21-651.
Ark. Code Ann. § 14-202-121 — AR Code / Title 14 / Chapter 202 / Section 14-202-121
Investment of public funds in bonds
Status: in_force

Any municipality, or any board, commission, or other authority duly established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality, or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds in bonds issued under the provisions of this chapter, and bonds issued under the provisions of this chapter shall be eligible to secure the deposit of public funds. Acts 1979, No. 5, § 15; A.S.A. 1947, § 19-5615.

Any municipality, or any board, commission, or other authority duly established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality, or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds in bonds issued under the provisions of this chapter, and bonds issued under the provisions of this chapter shall be eligible to secure the deposit of public funds.

Acts 1979, No. 5, § 15; A.S.A. 1947, § 19-5615.
Ark. Code Ann. § 14-86-1701 — AR Code / Title 14 / Chapter 86 / Subchapter 17 / Section 14-86-1701
Refund if sale set aside
Status: in_force

All improvement districts in this state are directed to make refunds of amounts received by a district for the purchase of lands acquired by it by foreclosure of the district's lien for taxes, or assessments levied by it upon lands located therein, when the title shall fail and the sale by which the district has acquired the lands is cancelled and set aside by a court of competent jurisdiction. Acts 1953, No. 38, § 1; A.S.A. 1947, § 20-1149.

All improvement districts in this state are directed to make refunds of amounts received by a district for the purchase of lands acquired by it by foreclosure of the district's lien for taxes, or assessments levied by it upon lands located therein, when the title shall fail and the sale by which the district has acquired the lands is cancelled and set aside by a court of competent jurisdiction.

Acts 1953, No. 38, § 1; A.S.A. 1947, § 20-1149.
Ark. Code Ann. § 14-92-218 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-218
Petition by property owners to extend improvements
Status: in_force

(a) In addition to the changes which may be made in the manner provided in § 14-92-217 , real property owners sufficient to cause a district to be formed may petition the board of commissioners of a suburban improvement district to apply to the county court that the district be authorized to extend any of its empowered improvements into an area in the district for which existing authority does not appear and to assess the cost thereof on benefited property. However, the signatures in the petition shall represent at least sixty-six percent (66%) of the number of owners of realty in the proposed area, the owners of at least sixty-six percent (66%) of the realty in area in the proposed area, and the owners of at least sixty-six percent (66%) of the assessed value of realty in the proposed area as shown in the latest general tax roll. (b) The court shall take proceedings for granting such authority in like manner and with like effect as provided in §§ 14-92-205 and 14-92-206 , with appropriate changes therefor. (c) (1) The costs of the proposed additional improvements shall be assessed upon the real property benefited thereby, in the manner and with like effect provided in § 14-92-225 et seq., for an original improvement. (2) When an existing assessment on any parcel or tract of land is proposed to be enlarged by reason of the changed authority, a reassessment of the parcels so affected shall be had in the manner and with like effect provided in § 14-92-227 . (d) (1) Copies of each notice of hearing before the court or the board required in any proceeding authorized in this section shall be sent by certified mail at least fifteen (15) days and not more than thirty (30) days prior to the hearing, to each owner of real property affected by the proceeding as his name and address appear in the latest county assessment records. (2) Similar notice may be given for any other hearing authorized under this chapter. Acts 1941, No. 41, § 24, as added by Acts 1971, No. 360, § 4; 1981, No. 510, §§ 6, 7; A.S.A. 1947, § 20-724.

(a) In addition to the changes which may be made in the manner provided in § 14-92-217 , real property owners sufficient to cause a district to be formed may petition the board of commissioners of a suburban improvement district to apply to the county court that the district be authorized to extend any of its empowered improvements into an area in the district for which existing authority does not appear and to assess the cost thereof on benefited property. However, the signatures in the petition shall represent at least sixty-six percent (66%) of the number of owners of realty in the proposed area, the owners of at least sixty-six percent (66%) of the realty in area in the proposed area, and the owners of at least sixty-six percent (66%) of the assessed value of realty in the proposed area as shown in the latest general tax roll.

(b) The court shall take proceedings for granting such authority in like manner and with like effect as provided in §§ 14-92-205 and 14-92-206 , with appropriate changes therefor.

(c) (1) The costs of the proposed additional improvements shall be assessed upon the real property benefited thereby, in the manner and with like effect provided in § 14-92-225 et seq., for an original improvement. (2) When an existing assessment on any parcel or tract of land is proposed to be enlarged by reason of the changed authority, a reassessment of the parcels so affected shall be had in the manner and with like effect provided in § 14-92-227 .

(1) The costs of the proposed additional improvements shall be assessed upon the real property benefited thereby, in the manner and with like effect provided in § 14-92-225 et seq., for an original improvement.

(2) When an existing assessment on any parcel or tract of land is proposed to be enlarged by reason of the changed authority, a reassessment of the parcels so affected shall be had in the manner and with like effect provided in § 14-92-227 .

(d) (1) Copies of each notice of hearing before the court or the board required in any proceeding authorized in this section shall be sent by certified mail at least fifteen (15) days and not more than thirty (30) days prior to the hearing, to each owner of real property affected by the proceeding as his name and address appear in the latest county assessment records. (2) Similar notice may be given for any other hearing authorized under this chapter.

(1) Copies of each notice of hearing before the court or the board required in any proceeding authorized in this section shall be sent by certified mail at least fifteen (15) days and not more than thirty (30) days prior to the hearing, to each owner of real property affected by the proceeding as his name and address appear in the latest county assessment records.

(2) Similar notice may be given for any other hearing authorized under this chapter.

Acts 1941, No. 41, § 24, as added by Acts 1971, No. 360, § 4; 1981, No. 510, §§ 6, 7; A.S.A. 1947, § 20-724.
Ark. Code Ann. § 14-116-401 — AR Code / Title 14 / Chapter 116 / Subchapter 4 / Section 14-116-401
Exemption from jurisdiction of Arkansas Public Service Commission
Status: in_force

Water districts organized under this subchapter shall be exempt in any and all respects from the jurisdiction and control of the Arkansas Public Service Commission. Acts 1957, No. 114, § 11; A.S.A. 1947, § 21-1411.

Water districts organized under this subchapter shall be exempt in any and all respects from the jurisdiction and control of the Arkansas Public Service Commission.

Acts 1957, No. 114, § 11; A.S.A. 1947, § 21-1411.
Ark. Code Ann. § 14-17-205 — AR Code / Title 14 / Chapter 17 / Subchapter 2 / Section 14-17-205
Powers, duties, and functions
Status: in_force

(a) The general purpose of the county planning board is to promote public interest in planning, to prepare or have prepared plans for the county, to receive and make recommendations on public and private proposals for development, to prepare and transmit to the county quorum court recommended ordinances implementing plans, and to advise and counsel the county judge, the court, and other public bodies on planning-related matters. (b) The board may prepare and recommend an official plan for the development of the county. The board shall have the authority to confer with federal, state, municipal, and other county and regional authorities regarding matters pertaining to or affecting the planning or development of the county, or vice versa, for the purpose of assuring proper coordination of county development with that of other political subdivisions. (c) All public officials, departments, and agencies of the county, upon request and within a reasonable time, shall furnish the board with such available information as it may require for its work. The board may prepare and keep up-to-date a long-term coordinated program of public works and budgets therefor in conformity with an official county plan. (d) The board, its members, officers, and employees, in the performance of their functions, may enter upon any land to make necessary inspections. (e) For the purpose of special surveys, the county judge may assign or detail members of the staff or personnel of any county administrative department, bureau, or agency to the board or may direct any such department, bureau, or agency to make special surveys or studies for the board. (f) The board shall have such powers, duties, and functions in the areas of plan adoption and enforcement, subdivision, and zoning as specified in §§ 14-17-207 - 14-17-209 and such other duties as may be assigned by the court. Acts 1977, No. 422, § 3.0; A.S.A. 1947, § 17-1109.

(a) The general purpose of the county planning board is to promote public interest in planning, to prepare or have prepared plans for the county, to receive and make recommendations on public and private proposals for development, to prepare and transmit to the county quorum court recommended ordinances implementing plans, and to advise and counsel the county judge, the court, and other public bodies on planning-related matters.

(b) The board may prepare and recommend an official plan for the development of the county. The board shall have the authority to confer with federal, state, municipal, and other county and regional authorities regarding matters pertaining to or affecting the planning or development of the county, or vice versa, for the purpose of assuring proper coordination of county development with that of other political subdivisions.

(c) All public officials, departments, and agencies of the county, upon request and within a reasonable time, shall furnish the board with such available information as it may require for its work. The board may prepare and keep up-to-date a long-term coordinated program of public works and budgets therefor in conformity with an official county plan.

(d) The board, its members, officers, and employees, in the performance of their functions, may enter upon any land to make necessary inspections.

(e) For the purpose of special surveys, the county judge may assign or detail members of the staff or personnel of any county administrative department, bureau, or agency to the board or may direct any such department, bureau, or agency to make special surveys or studies for the board.

(f) The board shall have such powers, duties, and functions in the areas of plan adoption and enforcement, subdivision, and zoning as specified in §§ 14-17-207 - 14-17-209 and such other duties as may be assigned by the court.

Acts 1977, No. 422, § 3.0; A.S.A. 1947, § 17-1109.
Ark. Code Ann. § 14-139-112 — AR Code / Title 14 / Chapter 139 / Section 14-139-112
Funds custodian and accounts
Status: in_force

(a) (1) Any municipality issuing revenue bonds under the provisions of this chapter shall install and maintain a proper system of accounts, showing the amount of revenue received and the application of it. (2) At least once a year, the municipality shall cause the accounts to be properly audited by a competent auditor, and the report of the audit shall be open for inspection at all proper times to any taxpayer or any holder of bonds issued under the provisions of this chapter, or anyone acting for and on behalf of such taxpayer or bondholder. (b) (1) The treasurer of the municipality shall be custodian of the funds derived from income received from projects acquired or constructed, either in whole or in part, under the provisions of this chapter and shall give proper bond for the faithful discharge of his duties as such custodian. The bond shall be fixed and approved by the legislative body of the municipality. (2) (A) All of the funds received as income from exhibition grounds and buildings acquired or constructed, in whole or in part, under the provisions of this chapter and all funds received from the sale of revenue bonds issued to acquire or construct those exhibition grounds and buildings shall be kept separate and apart from the other funds of the city. (B) The treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and other accounts in which shall be placed the depreciation funds and to provide for refunding outstanding certificates payable out of the project's revenue. Acts 1938 (Ex. Sess.), No. 17, § 10; A.S.A. 1947, § 19-2910.

(a) (1) Any municipality issuing revenue bonds under the provisions of this chapter shall install and maintain a proper system of accounts, showing the amount of revenue received and the application of it. (2) At least once a year, the municipality shall cause the accounts to be properly audited by a competent auditor, and the report of the audit shall be open for inspection at all proper times to any taxpayer or any holder of bonds issued under the provisions of this chapter, or anyone acting for and on behalf of such taxpayer or bondholder.

(1) Any municipality issuing revenue bonds under the provisions of this chapter shall install and maintain a proper system of accounts, showing the amount of revenue received and the application of it.

(2) At least once a year, the municipality shall cause the accounts to be properly audited by a competent auditor, and the report of the audit shall be open for inspection at all proper times to any taxpayer or any holder of bonds issued under the provisions of this chapter, or anyone acting for and on behalf of such taxpayer or bondholder.

(b) (1) The treasurer of the municipality shall be custodian of the funds derived from income received from projects acquired or constructed, either in whole or in part, under the provisions of this chapter and shall give proper bond for the faithful discharge of his duties as such custodian. The bond shall be fixed and approved by the legislative body of the municipality. (2) (A) All of the funds received as income from exhibition grounds and buildings acquired or constructed, in whole or in part, under the provisions of this chapter and all funds received from the sale of revenue bonds issued to acquire or construct those exhibition grounds and buildings shall be kept separate and apart from the other funds of the city. (B) The treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and other accounts in which shall be placed the depreciation funds and to provide for refunding outstanding certificates payable out of the project's revenue.

(1) The treasurer of the municipality shall be custodian of the funds derived from income received from projects acquired or constructed, either in whole or in part, under the provisions of this chapter and shall give proper bond for the faithful discharge of his duties as such custodian. The bond shall be fixed and approved by the legislative body of the municipality.

(2) (A) All of the funds received as income from exhibition grounds and buildings acquired or constructed, in whole or in part, under the provisions of this chapter and all funds received from the sale of revenue bonds issued to acquire or construct those exhibition grounds and buildings shall be kept separate and apart from the other funds of the city. (B) The treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and other accounts in which shall be placed the depreciation funds and to provide for refunding outstanding certificates payable out of the project's revenue.

(A) All of the funds received as income from exhibition grounds and buildings acquired or constructed, in whole or in part, under the provisions of this chapter and all funds received from the sale of revenue bonds issued to acquire or construct those exhibition grounds and buildings shall be kept separate and apart from the other funds of the city.

(B) The treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and other accounts in which shall be placed the depreciation funds and to provide for refunding outstanding certificates payable out of the project's revenue.

Acts 1938 (Ex. Sess.), No. 17, § 10; A.S.A. 1947, § 19-2910.
Ark. Code Ann. § 14-120-225 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-225
Chancery court review of assessment
Status: in_force

Any person aggrieved by an assessment made or equalized by the board of assessment and equalization may have the assessment reviewed by the chancery court of the county in which the property is situate, or by the chancery court of the county in which the district has its domicile if the property involved lies in more than one (1) county, by proceeding in the manner provided in §§ 14-124-109 - 14-124-113 . Acts 1937, No. 67, § 11, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.4.

Any person aggrieved by an assessment made or equalized by the board of assessment and equalization may have the assessment reviewed by the chancery court of the county in which the property is situate, or by the chancery court of the county in which the district has its domicile if the property involved lies in more than one (1) county, by proceeding in the manner provided in §§ 14-124-109 - 14-124-113 .

Acts 1937, No. 67, § 11, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.4.
Ark. Code Ann. § 14-335-105 — AR Code / Title 14 / Chapter 335 / Section 14-335-105
Duty to stop at railroad crossings
Status: in_force

(a) It shall be the duty of every street railway company or corporation operating a street railway crossing the tracks of a railroad company to bring its cars to a full stop at least ten feet (10') and not more than twenty feet (20') before reaching the tracks of the railroad company. (b) It shall be the duty of the conductor, or some other employee of the street railway company, to go forward to the tracks of the railroad company to find out whether a train is approaching the crossing. Acts 1905, No. 179, § 2, p. 465; C. & M. Dig., §§ 1763, 10240e; Pope's Dig., § 11068; A.S.A. 1947, § 73-1611.

(a) It shall be the duty of every street railway company or corporation operating a street railway crossing the tracks of a railroad company to bring its cars to a full stop at least ten feet (10') and not more than twenty feet (20') before reaching the tracks of the railroad company.

(b) It shall be the duty of the conductor, or some other employee of the street railway company, to go forward to the tracks of the railroad company to find out whether a train is approaching the crossing.

Acts 1905, No. 179, § 2, p. 465; C. & M. Dig., §§ 1763, 10240e; Pope's Dig., § 11068; A.S.A. 1947, § 73-1611.
Ark. Code Ann. § 14-25-109 — AR Code / Title 14 / Chapter 25 / Subchapter 1 / Section 14-25-109
County clerk
Status: in_force

(a) (1) The county clerk shall maintain all bank accounts and records of accounts as prescribed by law in reference to the duties of his or her office. In addition, the clerk shall maintain separate records and separate bank accounts for fee accounts and for accounts pertaining to the court. (2) The bank accounts shall be maintained as prescribed in § 14-25-102 , and the provisions of §§ 14-25-103 , 14-25-104 , 14-25-107 , and 14-25-108(a) shall apply to the accounts. (b) (1) Checks written shall be recorded in a cash disbursement journal that indicates the date, payee, check number, and amount of each check written. (2) The cash disbursement journal shall also contain the classification of the disbursement. (c) (1) Receipts shall be recorded in a cash receipts journal that indicates: (A) Date of receipt; (B) Identification of payor; (C) Receipt number; (D) Total amount received; and (E) Classification of receipts. (2) If using mechanical receipting devices such as cash registers, the cash receipts journal shall indicate the: (A) Date of collections; (B) Tape number, if applicable; (C) Total amount collected; and (D) Classification of collections. (d) (1) The cash disbursement journal and the cash receipts journal shall be totaled monthly and on a year-to-date basis. (2) The cash disbursement journal shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements. (3) The cash receipts journal shall be reconciled monthly to total bank deposits as shown on the monthly bank statement. (e) (1) For each trust and agency account, the clerk shall establish a record showing the beginning balance, receipts, disbursements, and ending balance. (2) All transactions affecting trust accounts shall be posted on the appropriate individual trust record, in addition to being posted on the cash disbursement journal, or cash receipts journal as prescribed in this section. (3) (A) Monthly, the clerk shall reconcile these individual detail trust and agency records to the bank balance of the trust account. (B) Copies of such reconciliations shall be maintained and made a part of the records of the office. (f) (1) (A) The county clerk shall establish and maintain, as a minimum, a listing of all bonded debt and short-term obligations of the county as authorized by §§ 14-72-101 and 14-72-102 , § 14-72-201 et seq., § 14-72-301 et seq., and the Local Government Short-Term Financing Obligations Act of 2001, § 14-78-101 et seq. (B) The listing shall contain as a minimum: (i) A brief description of the obligation; (ii) The date of issuance; (iii) The date of final maturity; (iv) The rate of interest; (v) The total amount authorized and issued; (vi) The total amount retired to date; (vii) The balance at the beginning of each calendar year; (viii) The amount authorized and issued during each calendar year; (ix) The amount retired during each calendar year; and (x) The balance at the end of each calendar year. (2) The bonded debt and short-term obligation records constitute a part of the general records of the county clerk's office and shall be made available for utilization by the auditor at the time of audit. Acts 1973, No. 173, § 10; A.S.A. 1947, § 17-1810; Acts 2009, No. 287, § 5.

(a) (1) The county clerk shall maintain all bank accounts and records of accounts as prescribed by law in reference to the duties of his or her office. In addition, the clerk shall maintain separate records and separate bank accounts for fee accounts and for accounts pertaining to the court. (2) The bank accounts shall be maintained as prescribed in § 14-25-102 , and the provisions of §§ 14-25-103 , 14-25-104 , 14-25-107 , and 14-25-108(a) shall apply to the accounts.

(1) The county clerk shall maintain all bank accounts and records of accounts as prescribed by law in reference to the duties of his or her office. In addition, the clerk shall maintain separate records and separate bank accounts for fee accounts and for accounts pertaining to the court.

(2) The bank accounts shall be maintained as prescribed in § 14-25-102 , and the provisions of §§ 14-25-103 , 14-25-104 , 14-25-107 , and 14-25-108(a) shall apply to the accounts.

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

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

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

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

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

(A) Date of receipt;

(B) Identification of payor;

(C) Receipt number;

(D) Total amount received; and

(E) Classification of receipts.

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

(A) Date of collections;

(B) Tape number, if applicable;

(C) Total amount collected; and

(D) Classification of collections.

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

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

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

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

(e) (1) For each trust and agency account, the clerk shall establish a record showing the beginning balance, receipts, disbursements, and ending balance. (2) All transactions affecting trust accounts shall be posted on the appropriate individual trust record, in addition to being posted on the cash disbursement journal, or cash receipts journal as prescribed in this section. (3) (A) Monthly, the clerk shall reconcile these individual detail trust and agency records to the bank balance of the trust account. (B) Copies of such reconciliations shall be maintained and made a part of the records of the office.

(1) For each trust and agency account, the clerk shall establish a record showing the beginning balance, receipts, disbursements, and ending balance.

(2) All transactions affecting trust accounts shall be posted on the appropriate individual trust record, in addition to being posted on the cash disbursement journal, or cash receipts journal as prescribed in this section.

(3) (A) Monthly, the clerk shall reconcile these individual detail trust and agency records to the bank balance of the trust account. (B) Copies of such reconciliations shall be maintained and made a part of the records of the office.

(A) Monthly, the clerk shall reconcile these individual detail trust and agency records to the bank balance of the trust account.

(B) Copies of such reconciliations shall be maintained and made a part of the records of the office.

(f) (1) (A) The county clerk shall establish and maintain, as a minimum, a listing of all bonded debt and short-term obligations of the county as authorized by §§ 14-72-101 and 14-72-102 , § 14-72-201 et seq., § 14-72-301 et seq., and the Local Government Short-Term Financing Obligations Act of 2001, § 14-78-101 et seq. (B) The listing shall contain as a minimum: (i) A brief description of the obligation; (ii) The date of issuance; (iii) The date of final maturity; (iv) The rate of interest; (v) The total amount authorized and issued; (vi) The total amount retired to date; (vii) The balance at the beginning of each calendar year; (viii) The amount authorized and issued during each calendar year; (ix) The amount retired during each calendar year; and (x) The balance at the end of each calendar year. (2) The bonded debt and short-term obligation records constitute a part of the general records of the county clerk's office and shall be made available for utilization by the auditor at the time of audit.

(1) (A) The county clerk shall establish and maintain, as a minimum, a listing of all bonded debt and short-term obligations of the county as authorized by §§ 14-72-101 and 14-72-102 , § 14-72-201 et seq., § 14-72-301 et seq., and the Local Government Short-Term Financing Obligations Act of 2001, § 14-78-101 et seq. (B) The listing shall contain as a minimum: (i) A brief description of the obligation; (ii) The date of issuance; (iii) The date of final maturity; (iv) The rate of interest; (v) The total amount authorized and issued; (vi) The total amount retired to date; (vii) The balance at the beginning of each calendar year; (viii) The amount authorized and issued during each calendar year; (ix) The amount retired during each calendar year; and (x) The balance at the end of each calendar year.

(A) The county clerk shall establish and maintain, as a minimum, a listing of all bonded debt and short-term obligations of the county as authorized by §§ 14-72-101 and 14-72-102 , § 14-72-201 et seq., § 14-72-301 et seq., and the Local Government Short-Term Financing Obligations Act of 2001, § 14-78-101 et seq.

(B) The listing shall contain as a minimum: (i) A brief description of the obligation; (ii) The date of issuance; (iii) The date of final maturity; (iv) The rate of interest; (v) The total amount authorized and issued; (vi) The total amount retired to date; (vii) The balance at the beginning of each calendar year; (viii) The amount authorized and issued during each calendar year; (ix) The amount retired during each calendar year; and (x) The balance at the end of each calendar year.

(i) A brief description of the obligation;

(ii) The date of issuance;

(iii) The date of final maturity;

(iv) The rate of interest;

(v) The total amount authorized and issued;

(vi) The total amount retired to date;

(vii) The balance at the beginning of each calendar year;

(viii) The amount authorized and issued during each calendar year;

(ix) The amount retired during each calendar year; and

(x) The balance at the end of each calendar year.

(2) The bonded debt and short-term obligation records constitute a part of the general records of the county clerk's office and shall be made available for utilization by the auditor at the time of audit.

Acts 1973, No. 173, § 10; A.S.A. 1947, § 17-1810; Acts 2009, No. 287, § 5.
Ark. Code Ann. § 14-95-605 — AR Code / Title 14 / Chapter 95 / Subchapter 6 / Section 14-95-605
Bond fund
Status: in_force

(a) Commencing the first day of the month succeeding the issuance of the bonds under this chapter and so long as any bonds are outstanding under this chapter, the pledged revenues of each municipality's urban service district shall be periodically transferred to the authority and shall not be subject to appropriation by the municipality, but, as and when received by the authority, shall be deposited in a bank or banks selected by the authority to the credit of a fund designated as the "Urban Service District Revenue Bond Fund", with appropriate identification for separate issues or series. (b) (1) So long as any bonds are outstanding under this chapter, all moneys in any bond fund shall be used solely for the payment of the principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds, with the maintenance of necessary funds and reserves. (2) Except that, the authorizing resolution or trust indenture may provide for the withdrawal, for other purposes, of surplus moneys, as defined in the authorizing resolution or trust indenture. (c) Nothing in § 14-95-604 , this section, or § 14-95-608 is intended to prohibit the authority from investing moneys received under this section, § 14-95-604 , or § 14-95-608 , as provided in this chapter. Acts 1995, No. 1090, § 10.

(a) Commencing the first day of the month succeeding the issuance of the bonds under this chapter and so long as any bonds are outstanding under this chapter, the pledged revenues of each municipality's urban service district shall be periodically transferred to the authority and shall not be subject to appropriation by the municipality, but, as and when received by the authority, shall be deposited in a bank or banks selected by the authority to the credit of a fund designated as the "Urban Service District Revenue Bond Fund", with appropriate identification for separate issues or series.

(b) (1) So long as any bonds are outstanding under this chapter, all moneys in any bond fund shall be used solely for the payment of the principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds, with the maintenance of necessary funds and reserves. (2) Except that, the authorizing resolution or trust indenture may provide for the withdrawal, for other purposes, of surplus moneys, as defined in the authorizing resolution or trust indenture.

(1) So long as any bonds are outstanding under this chapter, all moneys in any bond fund shall be used solely for the payment of the principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds, with the maintenance of necessary funds and reserves.

(2) Except that, the authorizing resolution or trust indenture may provide for the withdrawal, for other purposes, of surplus moneys, as defined in the authorizing resolution or trust indenture.

(c) Nothing in § 14-95-604 , this section, or § 14-95-608 is intended to prohibit the authority from investing moneys received under this section, § 14-95-604 , or § 14-95-608 , as provided in this chapter.

Acts 1995, No. 1090, § 10.
Ark. Code Ann. § 14-1-502 — AR Code / Title 14 / Chapter 1 / Subchapter 5 / Section 14-1-502
Purpose
Status: in_force

The purpose of this subchapter is to: (1) Enhance economic growth in local communities; (2) Reduce the regulatory burden on entrepreneurs, developers, and homeowners by streamlining the issuance of local permits; and (3) Ensure local governments and local government utilities are able to process permit applications in a reasonable manner. Added by Act 2023, No. 497,§ 1, eff. 8/1/2023.

The purpose of this subchapter is to:

(1) Enhance economic growth in local communities;

(2) Reduce the regulatory burden on entrepreneurs, developers, and homeowners by streamlining the issuance of local permits; and

(3) Ensure local governments and local government utilities are able to process permit applications in a reasonable manner.

Added by Act 2023, No. 497,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-1-201 — AR Code / Title 14 / Chapter 1 / Subchapter 2 / Section 14-1-201
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Flag of the United States" means the flag of the United States made of fabric, cloth, or paper suitable for display from a pole or staff, or in a window, and with dimensions not larger than ten feet (10') in length or eight feet (8') in width. (B) "Flag of the United States" does not mean a depiction or emblem of the flag of the United States made in or of lights, paint, roofing, siding, paving materials, flora, balloons, or any other similar building, landscaping, or decorative components; (2) "Legal right" means the freedom of use and enjoyment generally exercised by the owners and occupiers of land; and (3) "Local government" means: (A) A county; (B) A city of the first class or city of the second class; (C) An incorporated town; or (D) Any other district or political subdivision or any board, commission, or agency of these political subdivisions. Acts 2003, No. 1106, § 1.

As used in this subchapter:

(1) (A) "Flag of the United States" means the flag of the United States made of fabric, cloth, or paper suitable for display from a pole or staff, or in a window, and with dimensions not larger than ten feet (10') in length or eight feet (8') in width. (B) "Flag of the United States" does not mean a depiction or emblem of the flag of the United States made in or of lights, paint, roofing, siding, paving materials, flora, balloons, or any other similar building, landscaping, or decorative components;

(A) "Flag of the United States" means the flag of the United States made of fabric, cloth, or paper suitable for display from a pole or staff, or in a window, and with dimensions not larger than ten feet (10') in length or eight feet (8') in width.

(B) "Flag of the United States" does not mean a depiction or emblem of the flag of the United States made in or of lights, paint, roofing, siding, paving materials, flora, balloons, or any other similar building, landscaping, or decorative components;

(2) "Legal right" means the freedom of use and enjoyment generally exercised by the owners and occupiers of land; and

(3) "Local government" means: (A) A county; (B) A city of the first class or city of the second class; (C) An incorporated town; or (D) Any other district or political subdivision or any board, commission, or agency of these political subdivisions.

(A) A county;

(B) A city of the first class or city of the second class;

(C) An incorporated town; or

(D) Any other district or political subdivision or any board, commission, or agency of these political subdivisions.

Acts 2003, No. 1106, § 1.
Ark. Code Ann. § 14-235-214 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-214
Cost of works
Status: in_force

The cost of works under this subchapter shall be deemed to include: (1) The cost of acquisition or construction of them; (2) The cost of all property, rights, easements, and franchises deemed necessary or convenient for them and for the improvements determined upon as provided in § 14-235-210 ; (3) Interest upon bonds prior to and during construction or acquisition and for six (6) months after completion of construction or of acquisition of the improvements mentioned; (4) Engineering and legal expenses; (5) Expense for estimates of cost and of revenues; (6) Expense for plans, specifications, and surveys; (7) Other expenses necessary or incident to determining the feasibility or practicability of the enterprise; (8) Administrative expense; and (9) Such other expenses as may be necessary or incident to the financing authorized in this subchapter and the construction or acquisition of the works and the placing of the works in operation and the performance of the things required in this subchapter or permitted in connection with any of it. Acts 1933, No. 132, § 6; Pope's Dig., § 9982; A.S.A. 1947, § 19-4106.

The cost of works under this subchapter shall be deemed to include:

(1) The cost of acquisition or construction of them;

(2) The cost of all property, rights, easements, and franchises deemed necessary or convenient for them and for the improvements determined upon as provided in § 14-235-210 ;

(3) Interest upon bonds prior to and during construction or acquisition and for six (6) months after completion of construction or of acquisition of the improvements mentioned;

(4) Engineering and legal expenses;

(5) Expense for estimates of cost and of revenues;

(6) Expense for plans, specifications, and surveys;

(7) Other expenses necessary or incident to determining the feasibility or practicability of the enterprise;

(8) Administrative expense; and

(9) Such other expenses as may be necessary or incident to the financing authorized in this subchapter and the construction or acquisition of the works and the placing of the works in operation and the performance of the things required in this subchapter or permitted in connection with any of it.

Acts 1933, No. 132, § 6; Pope's Dig., § 9982; A.S.A. 1947, § 19-4106.
Ark. Code Ann. § 14-199-202 — AR Code / Title 14 / Chapter 199 / Subchapter 2 / Section 14-199-202
Authorized use
Status: in_force

Any municipality owning an electric power plant or a water system, where the plant or system has no bonded indebtedness, is authorized to use the profit derived from the operation of the plant or system toward the payment of the outstanding bonded indebtedness of all sewer or street improvement districts within the limits of the municipality, as provided in this subchapter. Acts 1937, No. 267, § 1; Pope's Dig., § 10042; A.S.A. 1947, § 19-3901.

Any municipality owning an electric power plant or a water system, where the plant or system has no bonded indebtedness, is authorized to use the profit derived from the operation of the plant or system toward the payment of the outstanding bonded indebtedness of all sewer or street improvement districts within the limits of the municipality, as provided in this subchapter.

Acts 1937, No. 267, § 1; Pope's Dig., § 10042; A.S.A. 1947, § 19-3901.
Ark. Code Ann. § 14-15-802 — AR Code / Title 14 / Chapter 15 / Subchapter 8 / Section 14-15-802
Office
Status: in_force

County treasurers shall keep their offices at their respective county sites. Acts 1877, No. 15, § 3, p. 10; C. & M. Dig., § 1909; Pope's Dig., § 2426; A.S.A. 1947, § 12-1304.

County treasurers shall keep their offices at their respective county sites.

Acts 1877, No. 15, § 3, p. 10; C. & M. Dig., § 1909; Pope's Dig., § 2426; A.S.A. 1947, § 12-1304.
Ark. Code Ann. § 14-125-601 — AR Code / Title 14 / Chapter 125 / Subchapter 6 / Section 14-125-601
Proposed improvement plan for project areas within districts - Petition
Status: in_force

(a) The board of directors of a district may from time to time, on its own motion, and upon the filing of a petition by a majority in number of the owners of the lands or the owners of a majority in value of the lands, as shown by the last assessment of real property within a proposed improvement project area within the district, adopt a proposed plan for the construction, operation, and maintenance of works of improvement for the prevention of erosion, floodwater and sediment damages, or for the conservation, development, and utilization of soil and water resources and the disposal of water within the proposed project area. (b) The petition shall describe generally the territory intended to be included in the project area and shall state the general nature and purposes of the proposed improvements and their necessity, feasibility, and estimated cost, with such reasonable detail and definiteness as will demonstrate the utility, feasibility, and need for the improvements. (c) The petition of the landowners shall also be accompanied by a surety bond to pay for the expenses of survey of the proposed area, in case the proposed improvement plan for the project area is not approved by the court. Acts 1937, No. 197, § 15, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-918.

(a) The board of directors of a district may from time to time, on its own motion, and upon the filing of a petition by a majority in number of the owners of the lands or the owners of a majority in value of the lands, as shown by the last assessment of real property within a proposed improvement project area within the district, adopt a proposed plan for the construction, operation, and maintenance of works of improvement for the prevention of erosion, floodwater and sediment damages, or for the conservation, development, and utilization of soil and water resources and the disposal of water within the proposed project area.

(b) The petition shall describe generally the territory intended to be included in the project area and shall state the general nature and purposes of the proposed improvements and their necessity, feasibility, and estimated cost, with such reasonable detail and definiteness as will demonstrate the utility, feasibility, and need for the improvements.

(c) The petition of the landowners shall also be accompanied by a surety bond to pay for the expenses of survey of the proposed area, in case the proposed improvement plan for the project area is not approved by the court.

Acts 1937, No. 197, § 15, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-918.
Ark. Code Ann. § 14-54-401 — AR Code / Title 14 / Chapter 54 / Subchapter 4 / Section 14-54-401
Authority to lease, etc
Status: in_force

Each city of the first or second class and incorporated town shall have the authority to lease, let, sell, or convey any real property owned or controlled by the city or town for the production, reclamation, and refining of crude biogenic gases pursuant to competitive sealed bidding procedures under this subchapter. Acts 1983, No. 478, § 1; A.S.A. 1947, § 19-2356.

Each city of the first or second class and incorporated town shall have the authority to lease, let, sell, or convey any real property owned or controlled by the city or town for the production, reclamation, and refining of crude biogenic gases pursuant to competitive sealed bidding procedures under this subchapter.

Acts 1983, No. 478, § 1; A.S.A. 1947, § 19-2356.
Ark. Code Ann. § 14-42-403 — AR Code / Title 14 / Chapter 42 / Subchapter 4 / Section 14-42-403
[Repealed]
Status: repealed

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019. Acts 1985, No. 481, § 3; A.S.A. 1947, § 19-949; Acts 1989, No. 839, § 1.

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019.

Acts 1985, No. 481, § 3; A.S.A. 1947, § 19-949; Acts 1989, No. 839, § 1.
Ark. Code Ann. § 14-185-133 — AR Code / Title 14 / Chapter 185 / Section 14-185-133
Refunding bonds
Status: in_force

(a) (1) Bonds may be issued under this chapter for the purpose of refunding any bonds theretofore issued under this chapter. (2) (A) Refunding bonds may be issued alone or combined with bonds issued under this chapter into a single issue for the purpose of refunding outstanding bonds, acquiring lands, and constructing and equipping buildings or facilities or reconstructing, extending, improving, or reequipping existing buildings or facilities. (B) (i) When refunding bonds are issued, the bonds may be either sold or delivered in exchange for the outstanding bonds being refunded. (ii) If sold, the proceeds may either be applied to the payment of the bonds being refunded, or the proceeds may be deposited in escrow for the retirement of them. (b) (1) All refunding bonds shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of such bonds. (2) The resolution or indenture authorizing or securing refunding bonds may provide that the bonds shall have the same priority of lien on the revenues pledged for their payment and on the property mortgaged as security for their payment as was enjoyed by the bonds refunded by them. Acts 1961, No. 439, § 11; A.S.A. 1947, § 21-1511.

(a) (1) Bonds may be issued under this chapter for the purpose of refunding any bonds theretofore issued under this chapter. (2) (A) Refunding bonds may be issued alone or combined with bonds issued under this chapter into a single issue for the purpose of refunding outstanding bonds, acquiring lands, and constructing and equipping buildings or facilities or reconstructing, extending, improving, or reequipping existing buildings or facilities. (B) (i) When refunding bonds are issued, the bonds may be either sold or delivered in exchange for the outstanding bonds being refunded. (ii) If sold, the proceeds may either be applied to the payment of the bonds being refunded, or the proceeds may be deposited in escrow for the retirement of them.

(1) Bonds may be issued under this chapter for the purpose of refunding any bonds theretofore issued under this chapter.

(2) (A) Refunding bonds may be issued alone or combined with bonds issued under this chapter into a single issue for the purpose of refunding outstanding bonds, acquiring lands, and constructing and equipping buildings or facilities or reconstructing, extending, improving, or reequipping existing buildings or facilities. (B) (i) When refunding bonds are issued, the bonds may be either sold or delivered in exchange for the outstanding bonds being refunded. (ii) If sold, the proceeds may either be applied to the payment of the bonds being refunded, or the proceeds may be deposited in escrow for the retirement of them.

(A) Refunding bonds may be issued alone or combined with bonds issued under this chapter into a single issue for the purpose of refunding outstanding bonds, acquiring lands, and constructing and equipping buildings or facilities or reconstructing, extending, improving, or reequipping existing buildings or facilities.

(B) (i) When refunding bonds are issued, the bonds may be either sold or delivered in exchange for the outstanding bonds being refunded. (ii) If sold, the proceeds may either be applied to the payment of the bonds being refunded, or the proceeds may be deposited in escrow for the retirement of them.

(i) When refunding bonds are issued, the bonds may be either sold or delivered in exchange for the outstanding bonds being refunded.

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

(b) (1) All refunding bonds shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of such bonds. (2) The resolution or indenture authorizing or securing refunding bonds may provide that the bonds shall have the same priority of lien on the revenues pledged for their payment and on the property mortgaged as security for their payment as was enjoyed by the bonds refunded by them.

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

(2) The resolution or indenture authorizing or securing refunding bonds may provide that the bonds shall have the same priority of lien on the revenues pledged for their payment and on the property mortgaged as security for their payment as was enjoyed by the bonds refunded by them.

Acts 1961, No. 439, § 11; A.S.A. 1947, § 21-1511.
Ark. Code Ann. § 14-22-111 — AR Code / Title 14 / Chapter 22 / Section 14-22-111
Awarding of contracts
Status: in_force

(a) All contracts shall be awarded to the lowest responsible bidder, taking into consideration all relevant facts, including without limitation quality, time of performance, probability of performance, and location. (b) (1) Any bid may be rejected by the purchasing official. (2) (A) Where bids are rejected, but the proposed purchase is not abandoned, and the circumstances indicate that further solicitation for bids would be to the best interest of the county, new bids may be called for. (B) If the low bid is not accepted, a written statement shall be made by the purchasing agent and filed with the county clerk giving reasons for such refusal. (c) All bidders shall be given equal consideration under the provisions of this chapter, except that when the bid represents items manufactured or grown in the county or offered for sale by business establishments having their principal place of business in the county with the quality being equal to articles offered by competitors outside the county, then the bidder shall be allowed a differential of not to exceed three percent (3%) of the purchase price in determining the low bid. However, in each instance in which this bid preference is requested, the bidder must so indicate before the date and time fixed for opening the bids and thereafter furnish satisfactory proof if requested. (d) In all cases where there are equal or tie bids, preference shall be given to residents or firms located and doing business in the county. Acts 1965 (1st Ex. Sess.), No. 52, § 5; A.S.A. 1947, § 17-1605.

(a) All contracts shall be awarded to the lowest responsible bidder, taking into consideration all relevant facts, including without limitation quality, time of performance, probability of performance, and location.

(b) (1) Any bid may be rejected by the purchasing official. (2) (A) Where bids are rejected, but the proposed purchase is not abandoned, and the circumstances indicate that further solicitation for bids would be to the best interest of the county, new bids may be called for. (B) If the low bid is not accepted, a written statement shall be made by the purchasing agent and filed with the county clerk giving reasons for such refusal.

(1) Any bid may be rejected by the purchasing official.

(2) (A) Where bids are rejected, but the proposed purchase is not abandoned, and the circumstances indicate that further solicitation for bids would be to the best interest of the county, new bids may be called for. (B) If the low bid is not accepted, a written statement shall be made by the purchasing agent and filed with the county clerk giving reasons for such refusal.

(A) Where bids are rejected, but the proposed purchase is not abandoned, and the circumstances indicate that further solicitation for bids would be to the best interest of the county, new bids may be called for.

(B) If the low bid is not accepted, a written statement shall be made by the purchasing agent and filed with the county clerk giving reasons for such refusal.

(c) All bidders shall be given equal consideration under the provisions of this chapter, except that when the bid represents items manufactured or grown in the county or offered for sale by business establishments having their principal place of business in the county with the quality being equal to articles offered by competitors outside the county, then the bidder shall be allowed a differential of not to exceed three percent (3%) of the purchase price in determining the low bid. However, in each instance in which this bid preference is requested, the bidder must so indicate before the date and time fixed for opening the bids and thereafter furnish satisfactory proof if requested.

(d) In all cases where there are equal or tie bids, preference shall be given to residents or firms located and doing business in the county.

Acts 1965 (1st Ex. Sess.), No. 52, § 5; A.S.A. 1947, § 17-1605.
Ark. Code Ann. § 14-186-301 — AR Code / Title 14 / Chapter 186 / Subchapter 3 / Section 14-186-301
Legislative intent
Status: in_force

(a) This subchapter, without reference to any other statute, shall be deemed full authority for the construction, acquisition, improvement, equipment, maintenance, operation, and repair of barge terminals together with tenders and barges, wharves, docks, landing places, piers, and basins provided for in this subchapter and for the issuance and sale of the bonds authorized by this subchapter. It shall be construed as an additional and alternative method for them and for the financing of them. (b) No petition or election or other or further proceeding in respect to the construction or acquisition of barge terminals, together with tenders and barges, wharves, docks, landing places, piers, and basins, or to the issuance or sale of bonds under this subchapter and no publication of any resolution, ordinance, notice, or proceeding relating to such construction or acquisition or to the issuance or sale of such bonds shall be required except such as are prescribed by this subchapter, any provisions of other statutes of the state to the contrary notwithstanding. Acts 1937, No. 231, § 13; Pope's Dig., § 9717; A.S.A. 1947, § 19-2719.

(a) This subchapter, without reference to any other statute, shall be deemed full authority for the construction, acquisition, improvement, equipment, maintenance, operation, and repair of barge terminals together with tenders and barges, wharves, docks, landing places, piers, and basins provided for in this subchapter and for the issuance and sale of the bonds authorized by this subchapter. It shall be construed as an additional and alternative method for them and for the financing of them.

(b) No petition or election or other or further proceeding in respect to the construction or acquisition of barge terminals, together with tenders and barges, wharves, docks, landing places, piers, and basins, or to the issuance or sale of bonds under this subchapter and no publication of any resolution, ordinance, notice, or proceeding relating to such construction or acquisition or to the issuance or sale of such bonds shall be required except such as are prescribed by this subchapter, any provisions of other statutes of the state to the contrary notwithstanding.

Acts 1937, No. 231, § 13; Pope's Dig., § 9717; A.S.A. 1947, § 19-2719.
Ark. Code Ann. § 14-20-105 — AR Code / Title 14 / Chapter 20 / Section 14-20-105
Monthly report by county treasurer or county comptroller
Status: in_force

The county treasurer or the county comptroller shall submit each month to the county quorum court a full report and a detailed statement of the financial condition of the county, showing receipts, disbursements, and balance on hand. Amended by Act 2019, No. 310,§ 2, eff. 7/24/2019. Acts 1975, No. 130, § 20; A.S.A. 1947, § 17-448; Acts 1987, No. 724, § 1; 1995, No. 232, § 3.

The county treasurer or the county comptroller shall submit each month to the county quorum court a full report and a detailed statement of the financial condition of the county, showing receipts, disbursements, and balance on hand.

Amended by Act 2019, No. 310,§ 2, eff. 7/24/2019.

Acts 1975, No. 130, § 20; A.S.A. 1947, § 17-448; Acts 1987, No. 724, § 1; 1995, No. 232, § 3.
Ark. Code Ann. § 14-24-203 — AR Code / Title 14 / Chapter 24 / Subchapter 2 / Section 14-24-203
Court approval of implementation
Status: in_force

(a) In implementing the procedures as set forth in §§ 14-24-204 and 14-24-205 , the county treasurer and county clerk must jointly petition the county court for approval of such implementation, and none of the procedures set forth shall be followed without court approval. (b) Adoption of § 14-24-206 shall require the treasurer and the superintendent of each school district to jointly petition the court for approval, and no such procedures shall be implemented without court approval. Acts 1975, No. 22, § 7; A.S.A. 1947, § 17-831.

(a) In implementing the procedures as set forth in §§ 14-24-204 and 14-24-205 , the county treasurer and county clerk must jointly petition the county court for approval of such implementation, and none of the procedures set forth shall be followed without court approval.

(b) Adoption of § 14-24-206 shall require the treasurer and the superintendent of each school district to jointly petition the court for approval, and no such procedures shall be implemented without court approval.

Acts 1975, No. 22, § 7; A.S.A. 1947, § 17-831.
Ark. Code Ann. § 14-52-113 — AR Code / Title 14 / Chapter 52 / Subchapter 1 / Section 14-52-113
Property exchange
Status: in_force

(a) A municipal police department may exchange real property or personal property with another municipal police department. (b) An exchange of property shall be approved by the governing body of the municipality. (c) This section does not prohibit a governing body of a municipality from authorizing: (1) An exchange of real property or personal property by the chief of police of a municipal police department; or (2) A property exchange clearinghouse operated by the Arkansas Association of Chiefs of Police. Acts 2007, No. 433, § 1.

(a) A municipal police department may exchange real property or personal property with another municipal police department.

(b) An exchange of property shall be approved by the governing body of the municipality.

(c) This section does not prohibit a governing body of a municipality from authorizing: (1) An exchange of real property or personal property by the chief of police of a municipal police department; or (2) A property exchange clearinghouse operated by the Arkansas Association of Chiefs of Police.

(1) An exchange of real property or personal property by the chief of police of a municipal police department; or

(2) A property exchange clearinghouse operated by the Arkansas Association of Chiefs of Police.

Acts 2007, No. 433, § 1.
Ark. Code Ann. § 14-142-215 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-215
Bonds generally - Successive issues
Status: in_force

There may be successive bond issues for the purpose of financing the same capital improvements. Acts 1993, No. 920, § 18.

There may be successive bond issues for the purpose of financing the same capital improvements.

Acts 1993, No. 920, § 18.
Ark. Code Ann. § 14-282-116 — AR Code / Title 14 / Chapter 282 / Section 14-282-116
Advancement on docket - Appeals
Status: in_force

(a) All cases involving the validity of the districts or the annual benefit assessments and all suits to foreclose the lien of annual benefit assessments shall be deemed matters of public interest, and shall be advanced and disposed of at the earliest possible moment. (b) All appeals therefrom must be taken and perfected within thirty (30) days. Acts 1975 (Extended Sess. 1976), No. 1221, § 15; A.S.A. 1947, § 20-2015; reen. Acts 1987, No. 1011, § 15.

(a) All cases involving the validity of the districts or the annual benefit assessments and all suits to foreclose the lien of annual benefit assessments shall be deemed matters of public interest, and shall be advanced and disposed of at the earliest possible moment.

(b) All appeals therefrom must be taken and perfected within thirty (30) days.

Acts 1975 (Extended Sess. 1976), No. 1221, § 15; A.S.A. 1947, § 20-2015; reen. Acts 1987, No. 1011, § 15.
Ark. Code Ann. § 14-91-401 — AR Code / Title 14 / Chapter 91 / Subchapter 4 / Section 14-91-401
Operation of water and electric light plants in cities of the first class
Status: in_force

(a) The commissioners on boards of improvement for water and electric light improvement districts in cities of the first class shall control and manage the affairs of the district until the bonds issued to pay therefor and all other indebtedness have been retired. At that time, they shall turn over the works to the city council or other governing body of the city, together with any and all cash on hand, bonds, or other securities, resulting from the operation of the water or electric light plant. (b) (1) As long as the commissioners continue to operate the water and electric light districts, they shall make an annual report to the city or town council showing, in detail, all receipts and disbursements made by them. (2) (A) (i) As long as they continue such operation, they shall have the right to fix the rates to be paid by consumers of water and electric light or power. (ii) The rates shall be fixed as nearly as possible at amounts which will pay the bonds of the district as they mature, so as to relieve the real property of the district as far as possible from the burden of taxation therefor. (B) (i) From the rates fixed by the board, any property owner may take an appeal to the circuit court of the county, which shall confirm or set aside the rates as it finds just. (ii) If it sets aside rates fixed by the board, it shall itself fix rates which will be reasonable and adequate for the purposes prescribed. Acts 1929, No. 64, § 18; Pope's Dig., § 7367; Acts 1949, No. 242, § 1; A.S.A. 1947, § 20-315.

(a) The commissioners on boards of improvement for water and electric light improvement districts in cities of the first class shall control and manage the affairs of the district until the bonds issued to pay therefor and all other indebtedness have been retired. At that time, they shall turn over the works to the city council or other governing body of the city, together with any and all cash on hand, bonds, or other securities, resulting from the operation of the water or electric light plant.

(b) (1) As long as the commissioners continue to operate the water and electric light districts, they shall make an annual report to the city or town council showing, in detail, all receipts and disbursements made by them. (2) (A) (i) As long as they continue such operation, they shall have the right to fix the rates to be paid by consumers of water and electric light or power. (ii) The rates shall be fixed as nearly as possible at amounts which will pay the bonds of the district as they mature, so as to relieve the real property of the district as far as possible from the burden of taxation therefor. (B) (i) From the rates fixed by the board, any property owner may take an appeal to the circuit court of the county, which shall confirm or set aside the rates as it finds just. (ii) If it sets aside rates fixed by the board, it shall itself fix rates which will be reasonable and adequate for the purposes prescribed.

(1) As long as the commissioners continue to operate the water and electric light districts, they shall make an annual report to the city or town council showing, in detail, all receipts and disbursements made by them.

(2) (A) (i) As long as they continue such operation, they shall have the right to fix the rates to be paid by consumers of water and electric light or power. (ii) The rates shall be fixed as nearly as possible at amounts which will pay the bonds of the district as they mature, so as to relieve the real property of the district as far as possible from the burden of taxation therefor. (B) (i) From the rates fixed by the board, any property owner may take an appeal to the circuit court of the county, which shall confirm or set aside the rates as it finds just. (ii) If it sets aside rates fixed by the board, it shall itself fix rates which will be reasonable and adequate for the purposes prescribed.

(A) (i) As long as they continue such operation, they shall have the right to fix the rates to be paid by consumers of water and electric light or power. (ii) The rates shall be fixed as nearly as possible at amounts which will pay the bonds of the district as they mature, so as to relieve the real property of the district as far as possible from the burden of taxation therefor.

(i) As long as they continue such operation, they shall have the right to fix the rates to be paid by consumers of water and electric light or power.

(ii) The rates shall be fixed as nearly as possible at amounts which will pay the bonds of the district as they mature, so as to relieve the real property of the district as far as possible from the burden of taxation therefor.

(B) (i) From the rates fixed by the board, any property owner may take an appeal to the circuit court of the county, which shall confirm or set aside the rates as it finds just. (ii) If it sets aside rates fixed by the board, it shall itself fix rates which will be reasonable and adequate for the purposes prescribed.

(i) From the rates fixed by the board, any property owner may take an appeal to the circuit court of the county, which shall confirm or set aside the rates as it finds just.

(ii) If it sets aside rates fixed by the board, it shall itself fix rates which will be reasonable and adequate for the purposes prescribed.

Acts 1929, No. 64, § 18; Pope's Dig., § 7367; Acts 1949, No. 242, § 1; A.S.A. 1947, § 20-315.
Ark. Code Ann. § 14-58-303 — AR Code / Title 14 / Chapter 58 / Subchapter 3 / Section 14-58-303
Purchases and contracts generally - Definitions
Status: in_force

(a) In a city of the first class, city of the second class, or incorporated town, the mayor or the mayor's duly authorized representative shall have exclusive power and responsibility to make purchases of all supplies, apparatus, equipment, materials, and other things requisite for public purposes in and for the city and to make all necessary contracts for work or labor to be done or material or other necessary things to be furnished for the benefit of the city, or in carrying out any work or undertaking of a public nature in the city. (b) (1) (A) Except as provided under § 14-58-104 , the governing body of any city of the first class shall provide by ordinance the procedure for making all purchases that do not exceed the sum of thirty-five thousand dollars ($35,000). (B) Except as provided under § 14-58-104 , the governing body of any city of the second class or incorporated town may provide by ordinance the procedure for making all purchases. (2) (A) (i) Except as provided under § 14-58-104 , in a city of the first class in which the amount of expenditure for any purpose or contract exceeds the sum of thirty-five thousand dollars ($35,000), the mayor or the mayor's authorized representative shall invite competitive bidding on the purpose or contract by legal advertisement in any local newspaper. (ii) Bids received pursuant to the advertisement shall be opened and read on the date set for receiving the bids in the presence of the mayor or the mayor's authorized representative. (iii) The mayor or the mayor's authorized representative has exclusive power to award the bid to the lowest responsible bidder, subject to the provisions in subdivision (b)(2)(A)(iv) of this section, and may reject any and all bids received. (iv) For the purchase of supplies, apparatus, equipment, materials, and other items under this subdivision (b)(2), the city may base its award on the following method of evaluation if notice of the method of evaluation is stated in the bid notice: (a) The lowest immediate cost; (b) The lowest demonstrated life cycle cost; (c) The lowest demonstrated term costs; or (d) A combination of two (2) or more of the lowest immediate cost, the lowest demonstrated life cycle cost, and the lowest demonstrated term costs. (v) A bid, quote, and the documentation related to a bid or quote shall be maintained as required under § 14-59-114(a)(1) . (B) The governing body by resolution may waive the requirements of competitive bidding in exceptional situations where this procedure is deemed not feasible or practical or as provided under § 14-58-104 . (C) Cities of the first class, cities of the second class, and incorporated towns may accept competitive bids in the following forms: (i) Written; or (ii) Electronic media. (3) (A) Beginning January 1, 2025, and on each January 1 at subsequent five-year intervals, the amounts under subdivisions (b)(1) and (2) of this section shall be adjusted to reflect the percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the five (5) years immediately preceding the percentage increase, and rounded to the nearest whole number. (B) Following a percentage increase under subdivision (b)(3)(A) of this section, the Department of Finance and Administration shall provide each city of the first class and Arkansas Legislative Audit with the percentage increase and the corresponding updated amounts under this section. (c) (1) In a city of the first class, a city of the second class, or an incorporated town, the governing body by ordinance shall have the option to make purchases by participation in a reverse internet auction, except that purchases and contracts for construction projects and materials shall be undertaken pursuant to subsections (a) and (b) of this section and § 22-9-203 . (2) The ordinance shall include, but is not limited to, the following procedures: (A) Bidders shall be provided instructions and individually secured passwords for access to the reverse internet auction by either the city or the town, or the reverse internet auction vendor; (B) The bidding process shall be timed, and the time shall be part of the reverse internet auction specifications; (C) The reverse internet auction shall be held at a specific date and time; (D) The reverse internet auction and bidding process shall be interactive, with each bidder able to make multiple bids during the allotted time; (E) Each bidder shall be continually signaled his or her relative position in the bidding process; (F) Bidders shall remain anonymous and shall not have access to other bidders or bids; and (G) The governing body shall have access to real-time data, including all bids and bid amounts. (3) The governing body may create by an additional ordinance reverse internet auction specifications for the anticipated purchase of a specific item or purchase. (4) (A) The governing body is authorized to pay a reasonable fee to the reverse internet auction vendor. (B) The fee may be included as part of the bids received during the reverse internet auction and paid by the winning bidder or paid separately by the governing body. (5) The governing body retains the right to: (A) Refuse all bids made during the reverse internet auction; and (B) Begin the reverse internet auction process anew if the governing body determines it is in the best interest of the city or town. (d) As used in this section: (1) "Lowest demonstrated life cycle cost" means the cost of an asset as determined by the mayor or the mayor's authorized representative to be credibly established by a bidder over the life cycle of the asset, taking into consideration the asset's initial capital costs, maintenance costs, operating costs, and residual value at the end of the life of the asset; (2) "Lowest demonstrated term cost" means the cost of an asset as determined by the mayor or the mayor's authorized representative to be credibly established by a bidder over a portion of the life cycle of the asset, taking into consideration the asset's initial capital costs, maintenance costs, and operating costs during the portion of the life cycle of the asset; (3) "Lowest responsible bidder" means the bidder who offers trustworthiness and responsibility concerning the subject purchase and whose bid offers the lowest cost to the city under subdivision (b)(2)(A) of this section; (4) "Reverse internet auction" means an internet-based process in which bidders: (A) Are given specifications for items and services being sought for purchase by a municipality; and (B) Bid against one another in order to lower the price of the item or service to the lowest possible level; and (5) "Reverse internet auction vendor" means an internet-based entity that hosts a reverse internet auction. Amended by Act 2023, No. 208,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 208,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 435,§ 5, eff. 7/28/2021. Amended by Act 2017, No. 170,§ 2, eff. 8/1/2017. Acts 1959, No. 28, § 5; 1979, No. 154, § 1; 1985, No. 745, § 3; A.S.A. 1947, § 19-4425; Acts 1995, No. 812, § 1; 2001, No. 508, § 1; 2005, No. 1435, § 2; 2005, No. 1957, § 1; 2009, No. 756, § 24.

(a) In a city of the first class, city of the second class, or incorporated town, the mayor or the mayor's duly authorized representative shall have exclusive power and responsibility to make purchases of all supplies, apparatus, equipment, materials, and other things requisite for public purposes in and for the city and to make all necessary contracts for work or labor to be done or material or other necessary things to be furnished for the benefit of the city, or in carrying out any work or undertaking of a public nature in the city.

(b) (1) (A) Except as provided under § 14-58-104 , the governing body of any city of the first class shall provide by ordinance the procedure for making all purchases that do not exceed the sum of thirty-five thousand dollars ($35,000). (B) Except as provided under § 14-58-104 , the governing body of any city of the second class or incorporated town may provide by ordinance the procedure for making all purchases. (2) (A) (i) Except as provided under § 14-58-104 , in a city of the first class in which the amount of expenditure for any purpose or contract exceeds the sum of thirty-five thousand dollars ($35,000), the mayor or the mayor's authorized representative shall invite competitive bidding on the purpose or contract by legal advertisement in any local newspaper. (ii) Bids received pursuant to the advertisement shall be opened and read on the date set for receiving the bids in the presence of the mayor or the mayor's authorized representative. (iii) The mayor or the mayor's authorized representative has exclusive power to award the bid to the lowest responsible bidder, subject to the provisions in subdivision (b)(2)(A)(iv) of this section, and may reject any and all bids received. (iv) For the purchase of supplies, apparatus, equipment, materials, and other items under this subdivision (b)(2), the city may base its award on the following method of evaluation if notice of the method of evaluation is stated in the bid notice: (a) The lowest immediate cost; (b) The lowest demonstrated life cycle cost; (c) The lowest demonstrated term costs; or (d) A combination of two (2) or more of the lowest immediate cost, the lowest demonstrated life cycle cost, and the lowest demonstrated term costs. (v) A bid, quote, and the documentation related to a bid or quote shall be maintained as required under § 14-59-114(a)(1) . (B) The governing body by resolution may waive the requirements of competitive bidding in exceptional situations where this procedure is deemed not feasible or practical or as provided under § 14-58-104 . (C) Cities of the first class, cities of the second class, and incorporated towns may accept competitive bids in the following forms: (i) Written; or (ii) Electronic media. (3) (A) Beginning January 1, 2025, and on each January 1 at subsequent five-year intervals, the amounts under subdivisions (b)(1) and (2) of this section shall be adjusted to reflect the percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the five (5) years immediately preceding the percentage increase, and rounded to the nearest whole number. (B) Following a percentage increase under subdivision (b)(3)(A) of this section, the Department of Finance and Administration shall provide each city of the first class and Arkansas Legislative Audit with the percentage increase and the corresponding updated amounts under this section.

(1) (A) Except as provided under § 14-58-104 , the governing body of any city of the first class shall provide by ordinance the procedure for making all purchases that do not exceed the sum of thirty-five thousand dollars ($35,000). (B) Except as provided under § 14-58-104 , the governing body of any city of the second class or incorporated town may provide by ordinance the procedure for making all purchases.

(A) Except as provided under § 14-58-104 , the governing body of any city of the first class shall provide by ordinance the procedure for making all purchases that do not exceed the sum of thirty-five thousand dollars ($35,000).

(B) Except as provided under § 14-58-104 , the governing body of any city of the second class or incorporated town may provide by ordinance the procedure for making all purchases.

(2) (A) (i) Except as provided under § 14-58-104 , in a city of the first class in which the amount of expenditure for any purpose or contract exceeds the sum of thirty-five thousand dollars ($35,000), the mayor or the mayor's authorized representative shall invite competitive bidding on the purpose or contract by legal advertisement in any local newspaper. (ii) Bids received pursuant to the advertisement shall be opened and read on the date set for receiving the bids in the presence of the mayor or the mayor's authorized representative. (iii) The mayor or the mayor's authorized representative has exclusive power to award the bid to the lowest responsible bidder, subject to the provisions in subdivision (b)(2)(A)(iv) of this section, and may reject any and all bids received. (iv) For the purchase of supplies, apparatus, equipment, materials, and other items under this subdivision (b)(2), the city may base its award on the following method of evaluation if notice of the method of evaluation is stated in the bid notice: (a) The lowest immediate cost; (b) The lowest demonstrated life cycle cost; (c) The lowest demonstrated term costs; or (d) A combination of two (2) or more of the lowest immediate cost, the lowest demonstrated life cycle cost, and the lowest demonstrated term costs. (v) A bid, quote, and the documentation related to a bid or quote shall be maintained as required under § 14-59-114(a)(1) . (B) The governing body by resolution may waive the requirements of competitive bidding in exceptional situations where this procedure is deemed not feasible or practical or as provided under § 14-58-104 . (C) Cities of the first class, cities of the second class, and incorporated towns may accept competitive bids in the following forms: (i) Written; or (ii) Electronic media.

(A) (i) Except as provided under § 14-58-104 , in a city of the first class in which the amount of expenditure for any purpose or contract exceeds the sum of thirty-five thousand dollars ($35,000), the mayor or the mayor's authorized representative shall invite competitive bidding on the purpose or contract by legal advertisement in any local newspaper. (ii) Bids received pursuant to the advertisement shall be opened and read on the date set for receiving the bids in the presence of the mayor or the mayor's authorized representative. (iii) The mayor or the mayor's authorized representative has exclusive power to award the bid to the lowest responsible bidder, subject to the provisions in subdivision (b)(2)(A)(iv) of this section, and may reject any and all bids received. (iv) For the purchase of supplies, apparatus, equipment, materials, and other items under this subdivision (b)(2), the city may base its award on the following method of evaluation if notice of the method of evaluation is stated in the bid notice: (a) The lowest immediate cost; (b) The lowest demonstrated life cycle cost; (c) The lowest demonstrated term costs; or (d) A combination of two (2) or more of the lowest immediate cost, the lowest demonstrated life cycle cost, and the lowest demonstrated term costs. (v) A bid, quote, and the documentation related to a bid or quote shall be maintained as required under § 14-59-114(a)(1) .

(i) Except as provided under § 14-58-104 , in a city of the first class in which the amount of expenditure for any purpose or contract exceeds the sum of thirty-five thousand dollars ($35,000), the mayor or the mayor's authorized representative shall invite competitive bidding on the purpose or contract by legal advertisement in any local newspaper.

(ii) Bids received pursuant to the advertisement shall be opened and read on the date set for receiving the bids in the presence of the mayor or the mayor's authorized representative.

(iii) The mayor or the mayor's authorized representative has exclusive power to award the bid to the lowest responsible bidder, subject to the provisions in subdivision (b)(2)(A)(iv) of this section, and may reject any and all bids received.

(iv) For the purchase of supplies, apparatus, equipment, materials, and other items under this subdivision (b)(2), the city may base its award on the following method of evaluation if notice of the method of evaluation is stated in the bid notice: (a) The lowest immediate cost; (b) The lowest demonstrated life cycle cost; (c) The lowest demonstrated term costs; or (d) A combination of two (2) or more of the lowest immediate cost, the lowest demonstrated life cycle cost, and the lowest demonstrated term costs.

(a) The lowest immediate cost;

(b) The lowest demonstrated life cycle cost;

(c) The lowest demonstrated term costs; or

(d) A combination of two (2) or more of the lowest immediate cost, the lowest demonstrated life cycle cost, and the lowest demonstrated term costs.

(v) A bid, quote, and the documentation related to a bid or quote shall be maintained as required under § 14-59-114(a)(1) .

(B) The governing body by resolution may waive the requirements of competitive bidding in exceptional situations where this procedure is deemed not feasible or practical or as provided under § 14-58-104 .

(C) Cities of the first class, cities of the second class, and incorporated towns may accept competitive bids in the following forms: (i) Written; or (ii) Electronic media.

(i) Written; or

(ii) Electronic media.

(3) (A) Beginning January 1, 2025, and on each January 1 at subsequent five-year intervals, the amounts under subdivisions (b)(1) and (2) of this section shall be adjusted to reflect the percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the five (5) years immediately preceding the percentage increase, and rounded to the nearest whole number. (B) Following a percentage increase under subdivision (b)(3)(A) of this section, the Department of Finance and Administration shall provide each city of the first class and Arkansas Legislative Audit with the percentage increase and the corresponding updated amounts under this section.

(A) Beginning January 1, 2025, and on each January 1 at subsequent five-year intervals, the amounts under subdivisions (b)(1) and (2) of this section shall be adjusted to reflect the percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the five (5) years immediately preceding the percentage increase, and rounded to the nearest whole number.

(B) Following a percentage increase under subdivision (b)(3)(A) of this section, the Department of Finance and Administration shall provide each city of the first class and Arkansas Legislative Audit with the percentage increase and the corresponding updated amounts under this section.

(c) (1) In a city of the first class, a city of the second class, or an incorporated town, the governing body by ordinance shall have the option to make purchases by participation in a reverse internet auction, except that purchases and contracts for construction projects and materials shall be undertaken pursuant to subsections (a) and (b) of this section and § 22-9-203 . (2) The ordinance shall include, but is not limited to, the following procedures: (A) Bidders shall be provided instructions and individually secured passwords for access to the reverse internet auction by either the city or the town, or the reverse internet auction vendor; (B) The bidding process shall be timed, and the time shall be part of the reverse internet auction specifications; (C) The reverse internet auction shall be held at a specific date and time; (D) The reverse internet auction and bidding process shall be interactive, with each bidder able to make multiple bids during the allotted time; (E) Each bidder shall be continually signaled his or her relative position in the bidding process; (F) Bidders shall remain anonymous and shall not have access to other bidders or bids; and (G) The governing body shall have access to real-time data, including all bids and bid amounts. (3) The governing body may create by an additional ordinance reverse internet auction specifications for the anticipated purchase of a specific item or purchase. (4) (A) The governing body is authorized to pay a reasonable fee to the reverse internet auction vendor. (B) The fee may be included as part of the bids received during the reverse internet auction and paid by the winning bidder or paid separately by the governing body. (5) The governing body retains the right to: (A) Refuse all bids made during the reverse internet auction; and (B) Begin the reverse internet auction process anew if the governing body determines it is in the best interest of the city or town.

(1) In a city of the first class, a city of the second class, or an incorporated town, the governing body by ordinance shall have the option to make purchases by participation in a reverse internet auction, except that purchases and contracts for construction projects and materials shall be undertaken pursuant to subsections (a) and (b) of this section and § 22-9-203 .

(2) The ordinance shall include, but is not limited to, the following procedures: (A) Bidders shall be provided instructions and individually secured passwords for access to the reverse internet auction by either the city or the town, or the reverse internet auction vendor; (B) The bidding process shall be timed, and the time shall be part of the reverse internet auction specifications; (C) The reverse internet auction shall be held at a specific date and time; (D) The reverse internet auction and bidding process shall be interactive, with each bidder able to make multiple bids during the allotted time; (E) Each bidder shall be continually signaled his or her relative position in the bidding process; (F) Bidders shall remain anonymous and shall not have access to other bidders or bids; and (G) The governing body shall have access to real-time data, including all bids and bid amounts.

(A) Bidders shall be provided instructions and individually secured passwords for access to the reverse internet auction by either the city or the town, or the reverse internet auction vendor;

(B) The bidding process shall be timed, and the time shall be part of the reverse internet auction specifications;

(C) The reverse internet auction shall be held at a specific date and time;

(D) The reverse internet auction and bidding process shall be interactive, with each bidder able to make multiple bids during the allotted time;

(E) Each bidder shall be continually signaled his or her relative position in the bidding process;

(F) Bidders shall remain anonymous and shall not have access to other bidders or bids; and

(G) The governing body shall have access to real-time data, including all bids and bid amounts.

(3) The governing body may create by an additional ordinance reverse internet auction specifications for the anticipated purchase of a specific item or purchase.

(4) (A) The governing body is authorized to pay a reasonable fee to the reverse internet auction vendor. (B) The fee may be included as part of the bids received during the reverse internet auction and paid by the winning bidder or paid separately by the governing body.

(A) The governing body is authorized to pay a reasonable fee to the reverse internet auction vendor.

(B) The fee may be included as part of the bids received during the reverse internet auction and paid by the winning bidder or paid separately by the governing body.

(5) The governing body retains the right to: (A) Refuse all bids made during the reverse internet auction; and (B) Begin the reverse internet auction process anew if the governing body determines it is in the best interest of the city or town.

(A) Refuse all bids made during the reverse internet auction; and

(B) Begin the reverse internet auction process anew if the governing body determines it is in the best interest of the city or town.

(d) As used in this section: (1) "Lowest demonstrated life cycle cost" means the cost of an asset as determined by the mayor or the mayor's authorized representative to be credibly established by a bidder over the life cycle of the asset, taking into consideration the asset's initial capital costs, maintenance costs, operating costs, and residual value at the end of the life of the asset; (2) "Lowest demonstrated term cost" means the cost of an asset as determined by the mayor or the mayor's authorized representative to be credibly established by a bidder over a portion of the life cycle of the asset, taking into consideration the asset's initial capital costs, maintenance costs, and operating costs during the portion of the life cycle of the asset; (3) "Lowest responsible bidder" means the bidder who offers trustworthiness and responsibility concerning the subject purchase and whose bid offers the lowest cost to the city under subdivision (b)(2)(A) of this section; (4) "Reverse internet auction" means an internet-based process in which bidders: (A) Are given specifications for items and services being sought for purchase by a municipality; and (B) Bid against one another in order to lower the price of the item or service to the lowest possible level; and (5) "Reverse internet auction vendor" means an internet-based entity that hosts a reverse internet auction.

(1) "Lowest demonstrated life cycle cost" means the cost of an asset as determined by the mayor or the mayor's authorized representative to be credibly established by a bidder over the life cycle of the asset, taking into consideration the asset's initial capital costs, maintenance costs, operating costs, and residual value at the end of the life of the asset;

(2) "Lowest demonstrated term cost" means the cost of an asset as determined by the mayor or the mayor's authorized representative to be credibly established by a bidder over a portion of the life cycle of the asset, taking into consideration the asset's initial capital costs, maintenance costs, and operating costs during the portion of the life cycle of the asset;

(3) "Lowest responsible bidder" means the bidder who offers trustworthiness and responsibility concerning the subject purchase and whose bid offers the lowest cost to the city under subdivision (b)(2)(A) of this section;

(4) "Reverse internet auction" means an internet-based process in which bidders: (A) Are given specifications for items and services being sought for purchase by a municipality; and (B) Bid against one another in order to lower the price of the item or service to the lowest possible level; and

(A) Are given specifications for items and services being sought for purchase by a municipality; and

(B) Bid against one another in order to lower the price of the item or service to the lowest possible level; and

(5) "Reverse internet auction vendor" means an internet-based entity that hosts a reverse internet auction.

Amended by Act 2023, No. 208,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 208,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 435,§ 5, eff. 7/28/2021.

Amended by Act 2017, No. 170,§ 2, eff. 8/1/2017.

Acts 1959, No. 28, § 5; 1979, No. 154, § 1; 1985, No. 745, § 3; A.S.A. 1947, § 19-4425; Acts 1995, No. 812, § 1; 2001, No. 508, § 1; 2005, No. 1435, § 2; 2005, No. 1957, § 1; 2009, No. 756, § 24.
Ark. Code Ann. § 14-57-402 — AR Code / Title 14 / Chapter 57 / Subchapter 4 / Section 14-57-402
Unlawful for minors to operate
Status: in_force

It shall be unlawful for any person under the age of twenty-one (21) years to operate any taxicab or bus service for hire, or otherwise, in a city of the first class in the State of Arkansas or to drive a bus or taxicab, as employee, partner, or otherwise, for another. Acts 1919, No. 557, § 1; C. & M. Dig., § 7440; Pope's Dig., § 6652; A.S.A. 1947, § 19-3519.

It shall be unlawful for any person under the age of twenty-one (21) years to operate any taxicab or bus service for hire, or otherwise, in a city of the first class in the State of Arkansas or to drive a bus or taxicab, as employee, partner, or otherwise, for another.

Acts 1919, No. 557, § 1; C. & M. Dig., § 7440; Pope's Dig., § 6652; A.S.A. 1947, § 19-3519.
Ark. Code Ann. § 14-92-306 — AR Code / Title 14 / Chapter 92 / Subchapter 3 / Section 14-92-306
Borrowing of money
Status: in_force

(a) Consolidated systems may borrow money to pay and discharge any outstanding bond issues and indebtedness of the districts joining in the consolidations and may borrow money also for improvement, enlargement, and betterment of the facilities of the consolidated systems. (b) To accomplish these purposes, the consolidated systems may issue negotiable coupon bonds or certificates of indebtedness evidencing the money so borrowed, to: (1) Be secured solely by a pledge of the net revenues derived from the operation of the facilities; (2) Bear interest not to exceed six percent (6%) per annum; (3) Mature at such times and places as the issuer shall decide best, but in no event to mature later than forty (40) years after date of issue; (4) Be issued with such terms of payment, call provisions, and interest rates as the issuer may decide best; and (5) Be sold with the privilege of conversion to lower interest rates. Acts 1959, No. 262, § 1; A.S.A. 1947, § 20-732.

(a) Consolidated systems may borrow money to pay and discharge any outstanding bond issues and indebtedness of the districts joining in the consolidations and may borrow money also for improvement, enlargement, and betterment of the facilities of the consolidated systems.

(b) To accomplish these purposes, the consolidated systems may issue negotiable coupon bonds or certificates of indebtedness evidencing the money so borrowed, to: (1) Be secured solely by a pledge of the net revenues derived from the operation of the facilities; (2) Bear interest not to exceed six percent (6%) per annum; (3) Mature at such times and places as the issuer shall decide best, but in no event to mature later than forty (40) years after date of issue; (4) Be issued with such terms of payment, call provisions, and interest rates as the issuer may decide best; and (5) Be sold with the privilege of conversion to lower interest rates.

(1) Be secured solely by a pledge of the net revenues derived from the operation of the facilities;

(2) Bear interest not to exceed six percent (6%) per annum;

(3) Mature at such times and places as the issuer shall decide best, but in no event to mature later than forty (40) years after date of issue;

(4) Be issued with such terms of payment, call provisions, and interest rates as the issuer may decide best; and

(5) Be sold with the privilege of conversion to lower interest rates.

Acts 1959, No. 262, § 1; A.S.A. 1947, § 20-732.
Ark. Code Ann. § 14-201-312 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-312
Members of board - Qualifications
Status: in_force

(a) Boards of public utilities, when created in the manner set out in this subchapter, shall be composed of five (5) members each of whom, at the time of his election shall not be less than twenty-five (25) years old and a resident and owner of real estate in one (1) or more of the improvement districts owning the light or water plants or sewerage systems coming under the control of the board of public utilities as provided. (b) No officeholder, either state, county, or municipal, whether elected or appointed, or his deputy, shall be eligible to membership on any board of public utilities created under this subchapter. Acts 1939, No. 95, §§ 2, 14; A.S.A. 1947, §§ 19-4002, 19-4014.

(a) Boards of public utilities, when created in the manner set out in this subchapter, shall be composed of five (5) members each of whom, at the time of his election shall not be less than twenty-five (25) years old and a resident and owner of real estate in one (1) or more of the improvement districts owning the light or water plants or sewerage systems coming under the control of the board of public utilities as provided.

(b) No officeholder, either state, county, or municipal, whether elected or appointed, or his deputy, shall be eligible to membership on any board of public utilities created under this subchapter.

Acts 1939, No. 95, §§ 2, 14; A.S.A. 1947, §§ 19-4002, 19-4014.
Ark. Code Ann. § 14-168-313 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-313
Payments in lieu of taxes and other revenues
Status: in_force

(a) The local governing body may elect to deposit into the special fund of the redevelopment district all or any portion of payments in lieu of taxes on property within the redevelopment district, including that portion of the payments in lieu of taxes that would have been distributed to other local political subdivisions under § 14-164-703 . (b) Other revenues to be derived from the redevelopment project may also be deposited into the special fund at the direction of the local governing body. Acts 2001, No. 1197, § 14; 2005, No. 2231, § 3.

(a) The local governing body may elect to deposit into the special fund of the redevelopment district all or any portion of payments in lieu of taxes on property within the redevelopment district, including that portion of the payments in lieu of taxes that would have been distributed to other local political subdivisions under § 14-164-703 .

(b) Other revenues to be derived from the redevelopment project may also be deposited into the special fund at the direction of the local governing body.

Acts 2001, No. 1197, § 14; 2005, No. 2231, § 3.
Ark. Code Ann. § 14-93-110 — AR Code / Title 14 / Chapter 93 / Section 14-93-110
Purposes for which district organized
Status: in_force

Any district may be organized for any one (1) or more of the following purposes: (1) To purchase, accept as a gift, or construct a waterworks system or betterments, improvements, and extensions to such waterworks system, either within or without the boundaries of the district if the property of the district will be benefited thereby and to operate and maintain any such waterworks system it may purchase, construct, or own; (2) To purchase, accept as a gift, or construct, either within or without the boundaries of the district, if the property of the district will be benefited thereby, a sewage collection system or a sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and all other appurtenances necessary or useful and convenient for the collection or treatment, purification, and disposal of industrial or domestic sewage; (3) To open, grade, drain, pave, curb, gutter, or otherwise improve streets, roads, highways, and every other way, including viaducts and underpasses for passage and use of vehicles, either within or without the boundaries of the district, if the property of the district will be benefited thereby. Such purpose shall include the acquisition of rights-of-way by purchase or the exercise of the power of eminent domain, and to maintain such streets, roads, highways, and every other way for passage and use by vehicles, lying within the boundaries of the district or beyond the boundaries of the district, if the property of the district will be benefited thereby; (4) To build, purchase, or accept as a gift recreational facilities such as, but not limited to, parks, lakes, golf courses, playgrounds, clubhouses, stadiums, auditoriums, arts and crafts centers, folklore centers, interpretative centers, camping areas, green belt areas, and any other facilities to provide for the recreation and cultural needs of the owners of the lands within the district; (5) To lay and maintain sidewalks; (6) To lay gas pipelines connecting with gas systems in nearby or adjacent municipalities; (7) To build telephone lines to connect with the telephone system operating in nearby or adjacent municipalities; (8) To establish, equip, and maintain rural fire departments including construction of fire department buildings, and purchase of fire trucks, fire boats, and other firefighting equipment; and (9) (A) To enter into a partnership with a private actor as provided by § 14-96-201 et seq. to do the following: (i) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (ii) Finance public capital facilities or projects that include broadband internet service. (B) A district in existence on and after January 1, 2021, may conduct any of the activities under subdivision (9)(A) of this section using the notice and voting procedures for the creation of a district under this chapter. Amended by Act 2021, No. 795,§ 3, eff. 7/28/2021. Acts 1983, No. 613, § 6; A.S.A. 1947, § 20-2406.

Any district may be organized for any one (1) or more of the following purposes:

(1) To purchase, accept as a gift, or construct a waterworks system or betterments, improvements, and extensions to such waterworks system, either within or without the boundaries of the district if the property of the district will be benefited thereby and to operate and maintain any such waterworks system it may purchase, construct, or own;

(2) To purchase, accept as a gift, or construct, either within or without the boundaries of the district, if the property of the district will be benefited thereby, a sewage collection system or a sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and all other appurtenances necessary or useful and convenient for the collection or treatment, purification, and disposal of industrial or domestic sewage;

(3) To open, grade, drain, pave, curb, gutter, or otherwise improve streets, roads, highways, and every other way, including viaducts and underpasses for passage and use of vehicles, either within or without the boundaries of the district, if the property of the district will be benefited thereby. Such purpose shall include the acquisition of rights-of-way by purchase or the exercise of the power of eminent domain, and to maintain such streets, roads, highways, and every other way for passage and use by vehicles, lying within the boundaries of the district or beyond the boundaries of the district, if the property of the district will be benefited thereby;

(4) To build, purchase, or accept as a gift recreational facilities such as, but not limited to, parks, lakes, golf courses, playgrounds, clubhouses, stadiums, auditoriums, arts and crafts centers, folklore centers, interpretative centers, camping areas, green belt areas, and any other facilities to provide for the recreation and cultural needs of the owners of the lands within the district;

(5) To lay and maintain sidewalks;

(6) To lay gas pipelines connecting with gas systems in nearby or adjacent municipalities;

(7) To build telephone lines to connect with the telephone system operating in nearby or adjacent municipalities;

(8) To establish, equip, and maintain rural fire departments including construction of fire department buildings, and purchase of fire trucks, fire boats, and other firefighting equipment; and

(9) (A) To enter into a partnership with a private actor as provided by § 14-96-201 et seq. to do the following: (i) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (ii) Finance public capital facilities or projects that include broadband internet service. (B) A district in existence on and after January 1, 2021, may conduct any of the activities under subdivision (9)(A) of this section using the notice and voting procedures for the creation of a district under this chapter.

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

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

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

(B) A district in existence on and after January 1, 2021, may conduct any of the activities under subdivision (9)(A) of this section using the notice and voting procedures for the creation of a district under this chapter.

Amended by Act 2021, No. 795,§ 3, eff. 7/28/2021.

Acts 1983, No. 613, § 6; A.S.A. 1947, § 20-2406.
Ark. Code Ann. § 14-235-305 — AR Code / Title 14 / Chapter 235 / Subchapter 3 / Section 14-235-305
Tapping of sewers
Status: in_force

(a) The city council shall regulate, by ordinance, the terms, time, and manner, and the compensation which shall be paid by the private parties not building sewers under orders of the municipal board of health under this act, upon compliance with which the parties may tap the sewers of the municipality. (b) No person shall be allowed to tap any sewer without paying in proportion to the value of his property to be benefited by it, as compared with the value of the property taxed in the district and the actual cost of the sewer. Acts 1881, No. 84, § 18, p. 161; 1889, No. 18, § 4, p. 17; C. & M. Dig., § 7541; Pope's Dig., § 9616; A.S.A. 1947, § 19-4128.

(a) The city council shall regulate, by ordinance, the terms, time, and manner, and the compensation which shall be paid by the private parties not building sewers under orders of the municipal board of health under this act, upon compliance with which the parties may tap the sewers of the municipality.

(b) No person shall be allowed to tap any sewer without paying in proportion to the value of his property to be benefited by it, as compared with the value of the property taxed in the district and the actual cost of the sewer.

Acts 1881, No. 84, § 18, p. 161; 1889, No. 18, § 4, p. 17; C. & M. Dig., § 7541; Pope's Dig., § 9616; A.S.A. 1947, § 19-4128.
Ark. Code Ann. § 14-43-301 — AR Code / Title 14 / Chapter 43 / Subchapter 3 / Section 14-43-301
Type of election
Status: in_force

In cities of the first class, all officers to be elected shall be elected at the regular general election for municipal corporations. Acts 1875, No. 1, § 62, p. 1; C. & M. Dig., § 7744; Pope's Dig., § 9940; A.S.A. 1947, § 19-1011; Acts 1995, No. 359, § 1.

In cities of the first class, all officers to be elected shall be elected at the regular general election for municipal corporations.

Acts 1875, No. 1, § 62, p. 1; C. & M. Dig., § 7744; Pope's Dig., § 9940; A.S.A. 1947, § 19-1011; Acts 1995, No. 359, § 1.
Ark. Code Ann. § 14-120-407 — AR Code / Title 14 / Chapter 120 / Subchapter 4 / Section 14-120-407
Commissions
Status: in_force

The county clerk and tax collector shall receive commissions for the extension and collection of the taxes as are now or may hereafter be provided by law. Acts 1980 (1st Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 21-859.

The county clerk and tax collector shall receive commissions for the extension and collection of the taxes as are now or may hereafter be provided by law.

Acts 1980 (1st Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 21-859.
Ark. Code Ann. § 14-249-102 — AR Code / Title 14 / Chapter 249 / Section 14-249-102
Formation authorized
Status: in_force

The property owners adjacent to any city of the first or second class are authorized to form a sanitary sewer district in the same manner and under the same provisions as drainage districts are now formed. Acts 1939, No. 405, § 1; A.S.A. 1947, § 20-801.

The property owners adjacent to any city of the first or second class are authorized to form a sanitary sewer district in the same manner and under the same provisions as drainage districts are now formed.

Acts 1939, No. 405, § 1; A.S.A. 1947, § 20-801.
Ark. Code Ann. § 14-86-1206 — AR Code / Title 14 / Chapter 86 / Subchapter 12 / Section 14-86-1206
Filing of lists
Status: in_force

(a) Upon the filing of any list as provided in § 14-86-1205 , the county tax collector shall immediately add to the list the penalty and cost chargeable on each separate tract or parcel of ground, extending opposite thereof the total tax penalty and cost. (b) (1) At the foot of the list, the collector shall append a certificate, duly signed, showing the time of the filing of the list. (2) The certificate shall be taken as conclusive evidence that the list was filed as stated therein. Acts 1925, No. 85, § 4; A.S.A. 1947, § 20-1138.

(a) Upon the filing of any list as provided in § 14-86-1205 , the county tax collector shall immediately add to the list the penalty and cost chargeable on each separate tract or parcel of ground, extending opposite thereof the total tax penalty and cost.

(b) (1) At the foot of the list, the collector shall append a certificate, duly signed, showing the time of the filing of the list. (2) The certificate shall be taken as conclusive evidence that the list was filed as stated therein.

(1) At the foot of the list, the collector shall append a certificate, duly signed, showing the time of the filing of the list.

(2) The certificate shall be taken as conclusive evidence that the list was filed as stated therein.

Acts 1925, No. 85, § 4; A.S.A. 1947, § 20-1138.
Ark. Code Ann. § 14-169-221 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-221
Issuance of bonds
Status: in_force

(a) (1) Bonds of a housing authority shall be authorized by its resolution upon a vote of at least three (3) commissioners. (2) Bonds may be issued in one (1) or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be sold in such manner and on such terms, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as the resolution, its trust indenture, or mortgage may provide. (b) In case any of the commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the commissioners or officers had remained in office until the delivery. (c) Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this subchapter, subject to the provisions of this section with regard to registration, shall be fully negotiable. (d) In any suit, action, or proceeding involving the validity or enforceability of any bond of an authority or the security therefor, any bond reciting, in substance, that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed to have been issued for a housing project of such character. The project shall be conclusively deemed to have been planned, located, and constructed in accordance with the purposes and provisions of this subchapter. Acts 1937, No. 298, § 15; Pope's Dig., § 10073; Acts 1970 (Ex. Sess.), No. 44, § 1; 1971, No. 294, § 4; 1975, No. 225, § 15; 1981, No. 425, § 15; A.S.A. 1947, § 19-3018; Acts 1988 (3rd Ex. Sess.), No. 3, § 1.

(a) (1) Bonds of a housing authority shall be authorized by its resolution upon a vote of at least three (3) commissioners. (2) Bonds may be issued in one (1) or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be sold in such manner and on such terms, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as the resolution, its trust indenture, or mortgage may provide.

(1) Bonds of a housing authority shall be authorized by its resolution upon a vote of at least three (3) commissioners.

(2) Bonds may be issued in one (1) or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be sold in such manner and on such terms, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as the resolution, its trust indenture, or mortgage may provide.

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

(c) Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this subchapter, subject to the provisions of this section with regard to registration, shall be fully negotiable.

(d) In any suit, action, or proceeding involving the validity or enforceability of any bond of an authority or the security therefor, any bond reciting, in substance, that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed to have been issued for a housing project of such character. The project shall be conclusively deemed to have been planned, located, and constructed in accordance with the purposes and provisions of this subchapter.

Acts 1937, No. 298, § 15; Pope's Dig., § 10073; Acts 1970 (Ex. Sess.), No. 44, § 1; 1971, No. 294, § 4; 1975, No. 225, § 15; 1981, No. 425, § 15; A.S.A. 1947, § 19-3018; Acts 1988 (3rd Ex. Sess.), No. 3, § 1.
Ark. Code Ann. § 14-362-129 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-129
Existing authorities
Status: in_force

Any existing regional airport authority, de facto or de jure, previously created, or attempted to have been created, under the acts of Arkansas, or in any other manner created under color of law, having been created substantially in conformance with the provisions contained in this chapter is declared to be a body corporate and public as fully and to all intents and purposes as if created under this chapter. All acts and deeds heretofore done by any member or officer of the authority or of the governing bodies participating in the authority and any agreement between participating bodies creating the authority are cured, validated, and confirmed and shall have the full force and effect as if done pursuant to this chapter. Acts 1968 (1st Ex. Sess.), No. 17, § 20; A.S.A. 1947, § 74-235.

Any existing regional airport authority, de facto or de jure, previously created, or attempted to have been created, under the acts of Arkansas, or in any other manner created under color of law, having been created substantially in conformance with the provisions contained in this chapter is declared to be a body corporate and public as fully and to all intents and purposes as if created under this chapter. All acts and deeds heretofore done by any member or officer of the authority or of the governing bodies participating in the authority and any agreement between participating bodies creating the authority are cured, validated, and confirmed and shall have the full force and effect as if done pursuant to this chapter.

Acts 1968 (1st Ex. Sess.), No. 17, § 20; A.S.A. 1947, § 74-235.
Ark. Code Ann. § 14-234-507 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-507
Location of system - Sale of water - Ownership of distribution system
Status: in_force

(a) Municipalities are authorized to construct waterworks systems or any integral part thereof either inside or outside the limits of the municipalities and inside and outside the limits of the county in which the municipalities are located. (b) (1) A municipality purchasing or constructing a waterworks system or integral part thereof may sell the water to private consumers located inside and outside of the municipality. (2) It may sell a part of the water to an improvement district, or it may sell the water or a part thereof to a private corporation engaged in the business of selling water to private consumers in the municipality. (c) Nothing in this section shall authorize any city or improvement district to sell its existing plant to a private corporation. (d) Each municipality shall own its own distribution system, and the several municipalities together may own jointly, on whatever terms they may agree upon, whatever of the waterworks systems that serves the several municipalities jointly. Acts 1955, No. 414, § 3; A.S.A. 1947, § 19-4241.

(a) Municipalities are authorized to construct waterworks systems or any integral part thereof either inside or outside the limits of the municipalities and inside and outside the limits of the county in which the municipalities are located.

(b) (1) A municipality purchasing or constructing a waterworks system or integral part thereof may sell the water to private consumers located inside and outside of the municipality. (2) It may sell a part of the water to an improvement district, or it may sell the water or a part thereof to a private corporation engaged in the business of selling water to private consumers in the municipality.

(1) A municipality purchasing or constructing a waterworks system or integral part thereof may sell the water to private consumers located inside and outside of the municipality.

(2) It may sell a part of the water to an improvement district, or it may sell the water or a part thereof to a private corporation engaged in the business of selling water to private consumers in the municipality.

(c) Nothing in this section shall authorize any city or improvement district to sell its existing plant to a private corporation.

(d) Each municipality shall own its own distribution system, and the several municipalities together may own jointly, on whatever terms they may agree upon, whatever of the waterworks systems that serves the several municipalities jointly.

Acts 1955, No. 414, § 3; A.S.A. 1947, § 19-4241.
Ark. Code Ann. § 14-301-101 — AR Code / Title 14 / Chapter 301 / Subchapter 1 / Section 14-301-101
City council - Powers and duties
Status: in_force

The city council shall: (1) Have the care, supervision, and control of all the public highways, bridges, streets, alleys, public squares, and commons within the city; and (2) Cause those public highways, bridges, streets, alleys, public squares, and commons to be kept open and in repair, and free from nuisance. Acts 1875, No. 1, § 7, p. 1; C. & M. Dig., § 7607; Pope's Dig., § 9702; A.S.A. 1947, § 19-3801.

The city council shall:

(1) Have the care, supervision, and control of all the public highways, bridges, streets, alleys, public squares, and commons within the city; and

(2) Cause those public highways, bridges, streets, alleys, public squares, and commons to be kept open and in repair, and free from nuisance.

Acts 1875, No. 1, § 7, p. 1; C. & M. Dig., § 7607; Pope's Dig., § 9702; A.S.A. 1947, § 19-3801.
Ark. Code Ann. § 14-50-307 — AR Code / Title 14 / Chapter 50 / Subchapter 3 / Section 14-50-307
Employees and compensation fixed
Status: in_force

The city council or other governing body shall from time to time fix the number of employees and the salaries to be drawn by each as well as the vacation and sick leave of employees in the departments affected by this chapter. Acts 1963, No. 221, § 17; A.S.A. 1947, § 19-1435.

The city council or other governing body shall from time to time fix the number of employees and the salaries to be drawn by each as well as the vacation and sick leave of employees in the departments affected by this chapter.

Acts 1963, No. 221, § 17; A.S.A. 1947, § 19-1435.