Ark. Code Ann. § 14-174-105 — AR Code / Title 14 / Chapter 174 / Section 14-174-105
Disposition of funds - Definitions
Status: in_force

(a) As used in this section: (1) "Economic development project" means the land, buildings, furnishings, equipment, facilities, infrastructure, and improvements that are required or suitable for the development, retention, or expansion of: (A) Manufacturing, production, and industrial facilities; (B) Research, technology, and development facilities; (C) Recycling facilities; (D) Distribution centers; (E) Call centers; (F) Warehouse facilities; (G) Job training facilities; (H) Regional or national corporate headquarters facilities; and (I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments; (2) "Economic development service" means: (A) Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion; (B) Supervision and operation of industrial parks or other such properties; and (C) Negotiation of contracts for the sale or lease of industrial parks or other such properties; and (3) "Infrastructure" means: (A) Land acquisition; (B) Site preparation; (C) Road and highway improvements; (D) Rail spur, railroad, and railport construction; (E) Water service; (F) Wastewater treatment; (G) Employee training, which may include equipment for such purpose; and (H) Environmental mitigation or reclamation. (b) The taxes levied under this subchapter may be utilized: (1) For construction, reconstruction, demolition, site development, contracts, and related costs associated with the creation, expansion, and rehabilitation of water or sewer systems, streets and roads, bridges, drainage, and other vital public facilities; (2) To establish and operate local economic development programs; (3) To obtain or appropriate money for a corporation, association, institution, or individual to: (A) Finance an economic development project; or (B) Provide economic development services; and (4) As a pledge to secure the issuance of bonds under the Local Government Bond Act of 1985, § 14-164-301 et seq., by a municipality, a county, or a corporation organized under the Public Corporations for Economic Development Act, § 14-175-101 et seq. Amended by Act 2019, No. 1072,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 686,§ 2, eff. 3/27/2017. Acts 1993, No. 1012, § 5; 1993, No. 1069, § 5.

(a) As used in this section: (1) "Economic development project" means the land, buildings, furnishings, equipment, facilities, infrastructure, and improvements that are required or suitable for the development, retention, or expansion of: (A) Manufacturing, production, and industrial facilities; (B) Research, technology, and development facilities; (C) Recycling facilities; (D) Distribution centers; (E) Call centers; (F) Warehouse facilities; (G) Job training facilities; (H) Regional or national corporate headquarters facilities; and (I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments; (2) "Economic development service" means: (A) Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion; (B) Supervision and operation of industrial parks or other such properties; and (C) Negotiation of contracts for the sale or lease of industrial parks or other such properties; and (3) "Infrastructure" means: (A) Land acquisition; (B) Site preparation; (C) Road and highway improvements; (D) Rail spur, railroad, and railport construction; (E) Water service; (F) Wastewater treatment; (G) Employee training, which may include equipment for such purpose; and (H) Environmental mitigation or reclamation.

(1) "Economic development project" means the land, buildings, furnishings, equipment, facilities, infrastructure, and improvements that are required or suitable for the development, retention, or expansion of: (A) Manufacturing, production, and industrial facilities; (B) Research, technology, and development facilities; (C) Recycling facilities; (D) Distribution centers; (E) Call centers; (F) Warehouse facilities; (G) Job training facilities; (H) Regional or national corporate headquarters facilities; and (I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments;

(A) Manufacturing, production, and industrial facilities;

(B) Research, technology, and development facilities;

(C) Recycling facilities;

(D) Distribution centers;

(E) Call centers;

(F) Warehouse facilities;

(G) Job training facilities;

(H) Regional or national corporate headquarters facilities; and

(I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments;

(2) "Economic development service" means: (A) Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion; (B) Supervision and operation of industrial parks or other such properties; and (C) Negotiation of contracts for the sale or lease of industrial parks or other such properties; and

(A) Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion;

(B) Supervision and operation of industrial parks or other such properties; and

(C) Negotiation of contracts for the sale or lease of industrial parks or other such properties; and

(3) "Infrastructure" means: (A) Land acquisition; (B) Site preparation; (C) Road and highway improvements; (D) Rail spur, railroad, and railport construction; (E) Water service; (F) Wastewater treatment; (G) Employee training, which may include equipment for such purpose; and (H) Environmental mitigation or reclamation.

(A) Land acquisition;

(B) Site preparation;

(C) Road and highway improvements;

(D) Rail spur, railroad, and railport construction;

(E) Water service;

(F) Wastewater treatment;

(G) Employee training, which may include equipment for such purpose; and

(H) Environmental mitigation or reclamation.

(b) The taxes levied under this subchapter may be utilized: (1) For construction, reconstruction, demolition, site development, contracts, and related costs associated with the creation, expansion, and rehabilitation of water or sewer systems, streets and roads, bridges, drainage, and other vital public facilities; (2) To establish and operate local economic development programs; (3) To obtain or appropriate money for a corporation, association, institution, or individual to: (A) Finance an economic development project; or (B) Provide economic development services; and (4) As a pledge to secure the issuance of bonds under the Local Government Bond Act of 1985, § 14-164-301 et seq., by a municipality, a county, or a corporation organized under the Public Corporations for Economic Development Act, § 14-175-101 et seq.

(1) For construction, reconstruction, demolition, site development, contracts, and related costs associated with the creation, expansion, and rehabilitation of water or sewer systems, streets and roads, bridges, drainage, and other vital public facilities;

(2) To establish and operate local economic development programs;

(3) To obtain or appropriate money for a corporation, association, institution, or individual to: (A) Finance an economic development project; or (B) Provide economic development services; and

(A) Finance an economic development project; or

(B) Provide economic development services; and

(4) As a pledge to secure the issuance of bonds under the Local Government Bond Act of 1985, § 14-164-301 et seq., by a municipality, a county, or a corporation organized under the Public Corporations for Economic Development Act, § 14-175-101 et seq.

Amended by Act 2019, No. 1072,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 686,§ 2, eff. 3/27/2017.

Acts 1993, No. 1012, § 5; 1993, No. 1069, § 5.
Ark. Code Ann. § 14-172-209 — AR Code / Title 14 / Chapter 172 / Subchapter 2 / Section 14-172-209
Determination on application for certificate
Status: in_force

(a) Within a reasonable time, not to exceed thirty (30) days after the filing of an application for a certificate of appropriateness with the historic district commission, the commission shall determine the property to be materially affected by the application and immediately send by mail, postage prepaid, to the applicant and to the owners of all such properties to be materially affected notice of the hearing to be held by the commission on the application. (b) (1) The commission may hold such public hearings as are necessary in considering any applications for certificates of appropriateness. (2) The commission shall act on an application for certificate of appropriateness within a reasonable period of time. (3) The commission shall determine whether the proposed construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, or appurtenant fixtures involved will be appropriate to the preservation of the historic district for the purposes of this subchapter, or whether, notwithstanding that it may be inappropriate, owing to conditions especially affecting the structure involved, but not affecting the historic district generally, failure to issue a certificate of appropriateness will involve a substantial hardship, financial or otherwise, to the applicant, and whether the certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this subchapter. (c) (1) If the commission determines that the proposed construction, reconstruction, alteration, restoration, moving, or demolition is appropriate or is not appropriate, owing to conditions as aforesaid, but that failure to issue a certificate of appropriateness would involve substantial detriment or derogation as aforesaid, or if the commission fails to make a determination within a reasonable time prescribed by ordinance, the commission shall forthwith approve the application and shall issue to the applicant a certificate of appropriateness. (2) If the commission determines that a certificate of appropriateness should not be issued, it shall place upon its records the reasons for the determination and may include recommendations respecting the proposed construction, reconstruction, alteration, restoration, moving, or demolition. (3) The commission shall immediately notify the applicant of the determination. Acts 1963, No. 484, § 7; A.S.A. 1947, § 19-5007.

(a) Within a reasonable time, not to exceed thirty (30) days after the filing of an application for a certificate of appropriateness with the historic district commission, the commission shall determine the property to be materially affected by the application and immediately send by mail, postage prepaid, to the applicant and to the owners of all such properties to be materially affected notice of the hearing to be held by the commission on the application.

(b) (1) The commission may hold such public hearings as are necessary in considering any applications for certificates of appropriateness. (2) The commission shall act on an application for certificate of appropriateness within a reasonable period of time. (3) The commission shall determine whether the proposed construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, or appurtenant fixtures involved will be appropriate to the preservation of the historic district for the purposes of this subchapter, or whether, notwithstanding that it may be inappropriate, owing to conditions especially affecting the structure involved, but not affecting the historic district generally, failure to issue a certificate of appropriateness will involve a substantial hardship, financial or otherwise, to the applicant, and whether the certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this subchapter.

(1) The commission may hold such public hearings as are necessary in considering any applications for certificates of appropriateness.

(2) The commission shall act on an application for certificate of appropriateness within a reasonable period of time.

(3) The commission shall determine whether the proposed construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, or appurtenant fixtures involved will be appropriate to the preservation of the historic district for the purposes of this subchapter, or whether, notwithstanding that it may be inappropriate, owing to conditions especially affecting the structure involved, but not affecting the historic district generally, failure to issue a certificate of appropriateness will involve a substantial hardship, financial or otherwise, to the applicant, and whether the certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this subchapter.

(c) (1) If the commission determines that the proposed construction, reconstruction, alteration, restoration, moving, or demolition is appropriate or is not appropriate, owing to conditions as aforesaid, but that failure to issue a certificate of appropriateness would involve substantial detriment or derogation as aforesaid, or if the commission fails to make a determination within a reasonable time prescribed by ordinance, the commission shall forthwith approve the application and shall issue to the applicant a certificate of appropriateness. (2) If the commission determines that a certificate of appropriateness should not be issued, it shall place upon its records the reasons for the determination and may include recommendations respecting the proposed construction, reconstruction, alteration, restoration, moving, or demolition. (3) The commission shall immediately notify the applicant of the determination.

(1) If the commission determines that the proposed construction, reconstruction, alteration, restoration, moving, or demolition is appropriate or is not appropriate, owing to conditions as aforesaid, but that failure to issue a certificate of appropriateness would involve substantial detriment or derogation as aforesaid, or if the commission fails to make a determination within a reasonable time prescribed by ordinance, the commission shall forthwith approve the application and shall issue to the applicant a certificate of appropriateness.

(2) If the commission determines that a certificate of appropriateness should not be issued, it shall place upon its records the reasons for the determination and may include recommendations respecting the proposed construction, reconstruction, alteration, restoration, moving, or demolition.

(3) The commission shall immediately notify the applicant of the determination.

Acts 1963, No. 484, § 7; A.S.A. 1947, § 19-5007.
Ark. Code Ann. § 14-169-236 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-236
Fixing of rental rates
Status: in_force

(a) It is declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations and that no housing authority shall construct or operate any project for profit or as a source of revenue to the city or the county. (b) To this end, an authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which, together with all other available moneys, revenues, income, and receipts of the authority from whatever sources derived, will be sufficient to: (1) Pay, as they become due, the principal and interest on the bonds of the authority; (2) Meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and (3) Create, during not less than the six (6) years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on the bonds in any one (1) year thereafter, and maintain the reserve. Acts 1937, No. 298, § 9; Pope's Dig., § 10067; A.S.A. 1947, § 19-3012.

(a) It is declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations and that no housing authority shall construct or operate any project for profit or as a source of revenue to the city or the county.

(b) To this end, an authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which, together with all other available moneys, revenues, income, and receipts of the authority from whatever sources derived, will be sufficient to: (1) Pay, as they become due, the principal and interest on the bonds of the authority; (2) Meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and (3) Create, during not less than the six (6) years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on the bonds in any one (1) year thereafter, and maintain the reserve.

(1) Pay, as they become due, the principal and interest on the bonds of the authority;

(2) Meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and

(3) Create, during not less than the six (6) years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on the bonds in any one (1) year thereafter, and maintain the reserve.

Acts 1937, No. 298, § 9; Pope's Dig., § 10067; A.S.A. 1947, § 19-3012.
Ark. Code Ann. § 14-57-711 — AR Code / Title 14 / Chapter 57 / Subchapter 7 / Section 14-57-711
Collection of and receipt for tax
Status: in_force

(a) Any city or town levying a vehicle tax under the provisions of this subchapter shall designate, by ordinance, an official to collect the tax. (b) (1) The official shall use consecutively numbered receipts, printed in duplicate, to acknowledge payment of the tax. (2) Each receipt shall have printed on it: (A) The name of the city or town; (B) The name of the tax; (C) The year of the tax; (D) Space for indicating the name and address of the taxpayer; (E) The date of payment; (F) The amount of tax; (G) The amount of penalty; (H) The total amount collected; (I) The make and model of the vehicle; (J) The state motor vehicle license number at the time attached to the vehicle; and (K) Space for the signature of the official collecting the tax. (c) At the time of issuing his receipt, the official shall also deliver to the taxpayer a windshield sticker, metal tag, or other type of identification to be attached to the vehicle by the owner. (d) A new series of receipts shall be issued for each year's tax. (e) (1) A separate receipt shall be issued for each vehicle, the original of which shall be given to the taxpayer at the time of the payment of the tax. (2) The duplicate receipt shall be retained by the official for accounting and auditing purposes. Acts 1969, No. 88, § 5; A.S.A. 1947, § 19-3509.1.

(a) Any city or town levying a vehicle tax under the provisions of this subchapter shall designate, by ordinance, an official to collect the tax.

(b) (1) The official shall use consecutively numbered receipts, printed in duplicate, to acknowledge payment of the tax. (2) Each receipt shall have printed on it: (A) The name of the city or town; (B) The name of the tax; (C) The year of the tax; (D) Space for indicating the name and address of the taxpayer; (E) The date of payment; (F) The amount of tax; (G) The amount of penalty; (H) The total amount collected; (I) The make and model of the vehicle; (J) The state motor vehicle license number at the time attached to the vehicle; and (K) Space for the signature of the official collecting the tax.

(1) The official shall use consecutively numbered receipts, printed in duplicate, to acknowledge payment of the tax.

(2) Each receipt shall have printed on it: (A) The name of the city or town; (B) The name of the tax; (C) The year of the tax; (D) Space for indicating the name and address of the taxpayer; (E) The date of payment; (F) The amount of tax; (G) The amount of penalty; (H) The total amount collected; (I) The make and model of the vehicle; (J) The state motor vehicle license number at the time attached to the vehicle; and (K) Space for the signature of the official collecting the tax.

(A) The name of the city or town;

(B) The name of the tax;

(C) The year of the tax;

(D) Space for indicating the name and address of the taxpayer;

(E) The date of payment;

(F) The amount of tax;

(G) The amount of penalty;

(H) The total amount collected;

(I) The make and model of the vehicle;

(J) The state motor vehicle license number at the time attached to the vehicle; and

(K) Space for the signature of the official collecting the tax.

(c) At the time of issuing his receipt, the official shall also deliver to the taxpayer a windshield sticker, metal tag, or other type of identification to be attached to the vehicle by the owner.

(d) A new series of receipts shall be issued for each year's tax.

(e) (1) A separate receipt shall be issued for each vehicle, the original of which shall be given to the taxpayer at the time of the payment of the tax. (2) The duplicate receipt shall be retained by the official for accounting and auditing purposes.

(1) A separate receipt shall be issued for each vehicle, the original of which shall be given to the taxpayer at the time of the payment of the tax.

(2) The duplicate receipt shall be retained by the official for accounting and auditing purposes.

Acts 1969, No. 88, § 5; A.S.A. 1947, § 19-3509.1.
Ark. Code Ann. § 14-116-302 — AR Code / Title 14 / Chapter 116 / Subchapter 3 / Section 14-116-302
Members - Terms
Status: in_force

(a) (1) Each director on the board of directors of a water district shall serve a term of six (6) years and until his or her successor is duly elected and qualified, except that one (1) of the original directors from each county shall serve a term of not more than two (2) years, one (1) for a term of not more than four (4) years, and one (1) for a term of not more than six (6) years as determined by the circuit court. (2) (A) The circuit court may find at any time that it is necessary or desirable that the membership of the board of directors of the water district increase or, in the case of a water district that includes less than the entirety of a county, decrease to a number other than three (3) for each county represented in the water district in order to provide proper representation to the various parts of the water district. (B) In modifying the number of directors under subdivision (a)(2)(A) of this section, the circuit court shall adjust the terms of office as necessary to properly provide for staggered terms for the directors representing each part of the water district. (b) The term of office of the directors shall expire on December 31 of the last year of the term of each director. Amended by Act 2019, No. 450,§ 2, eff. 7/24/2019. Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 2007, No. 863, § 2.

(a) (1) Each director on the board of directors of a water district shall serve a term of six (6) years and until his or her successor is duly elected and qualified, except that one (1) of the original directors from each county shall serve a term of not more than two (2) years, one (1) for a term of not more than four (4) years, and one (1) for a term of not more than six (6) years as determined by the circuit court. (2) (A) The circuit court may find at any time that it is necessary or desirable that the membership of the board of directors of the water district increase or, in the case of a water district that includes less than the entirety of a county, decrease to a number other than three (3) for each county represented in the water district in order to provide proper representation to the various parts of the water district. (B) In modifying the number of directors under subdivision (a)(2)(A) of this section, the circuit court shall adjust the terms of office as necessary to properly provide for staggered terms for the directors representing each part of the water district.

(1) Each director on the board of directors of a water district shall serve a term of six (6) years and until his or her successor is duly elected and qualified, except that one (1) of the original directors from each county shall serve a term of not more than two (2) years, one (1) for a term of not more than four (4) years, and one (1) for a term of not more than six (6) years as determined by the circuit court.

(2) (A) The circuit court may find at any time that it is necessary or desirable that the membership of the board of directors of the water district increase or, in the case of a water district that includes less than the entirety of a county, decrease to a number other than three (3) for each county represented in the water district in order to provide proper representation to the various parts of the water district. (B) In modifying the number of directors under subdivision (a)(2)(A) of this section, the circuit court shall adjust the terms of office as necessary to properly provide for staggered terms for the directors representing each part of the water district.

(A) The circuit court may find at any time that it is necessary or desirable that the membership of the board of directors of the water district increase or, in the case of a water district that includes less than the entirety of a county, decrease to a number other than three (3) for each county represented in the water district in order to provide proper representation to the various parts of the water district.

(B) In modifying the number of directors under subdivision (a)(2)(A) of this section, the circuit court shall adjust the terms of office as necessary to properly provide for staggered terms for the directors representing each part of the water district.

(b) The term of office of the directors shall expire on December 31 of the last year of the term of each director.

Amended by Act 2019, No. 450,§ 2, eff. 7/24/2019.

Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 2007, No. 863, § 2.
Ark. Code Ann. § 14-169-1007 — AR Code / Title 14 / Chapter 169 / Subchapter 10 / Section 14-169-1007
Statutory mortgage lien
Status: in_force

(a) (1) There is created a statutory mortgage lien upon the property acquired from the proceeds of bonds authorized to be issued under this subchapter which shall exist in favor of the holder of the bonds and each of them and to and in favor of the holder of the coupons attached to the bonds. (2) The property acquired shall remain subject to this lien until payment in full of the principal and interest of the bonds. (b) (1) Any holder of bonds issued under provisions of this subchapter may, either at law or in equity, enforce the lien conferred by this section and may, by proper suit, compel the performance of duties of the officials of the issuing county or municipality set forth in this subchapter. (2) If there is default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction may, in any proper action, appoint a receiver to administer the properties on behalf of the county or municipality with power to operate any properties or sell them and to apply the income or proceeds in conformity with this subchapter and the provisions of the mortgage or bond contract. Acts 1947, No. 250, § 6; A.S.A. 1947, § 19-3069.

(a) (1) There is created a statutory mortgage lien upon the property acquired from the proceeds of bonds authorized to be issued under this subchapter which shall exist in favor of the holder of the bonds and each of them and to and in favor of the holder of the coupons attached to the bonds. (2) The property acquired shall remain subject to this lien until payment in full of the principal and interest of the bonds.

(1) There is created a statutory mortgage lien upon the property acquired from the proceeds of bonds authorized to be issued under this subchapter which shall exist in favor of the holder of the bonds and each of them and to and in favor of the holder of the coupons attached to the bonds.

(2) The property acquired shall remain subject to this lien until payment in full of the principal and interest of the bonds.

(b) (1) Any holder of bonds issued under provisions of this subchapter may, either at law or in equity, enforce the lien conferred by this section and may, by proper suit, compel the performance of duties of the officials of the issuing county or municipality set forth in this subchapter. (2) If there is default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction may, in any proper action, appoint a receiver to administer the properties on behalf of the county or municipality with power to operate any properties or sell them and to apply the income or proceeds in conformity with this subchapter and the provisions of the mortgage or bond contract.

(1) Any holder of bonds issued under provisions of this subchapter may, either at law or in equity, enforce the lien conferred by this section and may, by proper suit, compel the performance of duties of the officials of the issuing county or municipality set forth in this subchapter.

(2) If there is default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction may, in any proper action, appoint a receiver to administer the properties on behalf of the county or municipality with power to operate any properties or sell them and to apply the income or proceeds in conformity with this subchapter and the provisions of the mortgage or bond contract.

Acts 1947, No. 250, § 6; A.S.A. 1947, § 19-3069.
Ark. Code Ann. § 14-283-108 — AR Code / Title 14 / Chapter 283 / Section 14-283-108
Assessments - Annual reassessments
Status: in_force

(a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district, making it necessary to have the annual benefits revised. (b) (1) Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change. (2) However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the mosquito abatement services provided by the district. Acts 1979, No. 530, § 10; A.S.A. 1947, § 82-1210.

(a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district, making it necessary to have the annual benefits revised.

(b) (1) Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change. (2) However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the mosquito abatement services provided by the district.

(1) Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change.

(2) However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the mosquito abatement services provided by the district.

Acts 1979, No. 530, § 10; A.S.A. 1947, § 82-1210.
Ark. Code Ann. § 14-91-602 — AR Code / Title 14 / Chapter 91 / Subchapter 6 / Section 14-91-602
Levy of assessment
Status: in_force

(a) The city or town council shall provide, by ordinance, for the levy of the assessment of the benefits as made by the assessors under § 14-91-601 and shall fix the day in the year when the assessment shall be paid. (b) The assessment shall be a charge and lien against all the real property in the district from the date of the ordinance and shall be entitled to preference over all judgments, executions, encumbrances, or liens whensoever created, except the lien for original assessment, and shall continue until the assessments, with any penalty and costs that may accrue, shall be paid. (c) As between grantor and grantee, all payments not due at the date of the transfer of the real property shall be payable by the grantee. Acts 1909, No. 245, § 4, p. 742; C. & M. Dig., § 5731; Pope's Dig., § 7387; A.S.A. 1947, § 20-320.

(a) The city or town council shall provide, by ordinance, for the levy of the assessment of the benefits as made by the assessors under § 14-91-601 and shall fix the day in the year when the assessment shall be paid.

(b) The assessment shall be a charge and lien against all the real property in the district from the date of the ordinance and shall be entitled to preference over all judgments, executions, encumbrances, or liens whensoever created, except the lien for original assessment, and shall continue until the assessments, with any penalty and costs that may accrue, shall be paid.

(c) As between grantor and grantee, all payments not due at the date of the transfer of the real property shall be payable by the grantee.

Acts 1909, No. 245, § 4, p. 742; C. & M. Dig., § 5731; Pope's Dig., § 7387; A.S.A. 1947, § 20-320.
Ark. Code Ann. § 14-122-108 — AR Code / Title 14 / Chapter 122 / Subchapter 1 / Section 14-122-108
Employment of personnel - Payment of costs if improvement not made
Status: in_force

(a) In the preparation of the plan of improvement, the district is authorized to employ architects and engineers to prepare plans, specifications, and estimates of cost for the construction of the improvements and to supervise and inspect the construction. (b) In addition, the district is authorized to engage and pay attorneys, accountants, and consultants and to obtain and pay for the other professional and technical services as it shall determine to be necessary or desirable in assisting it to effectively carry out the functions, powers, and duties conferred and imposed upon it to accomplish and maintain the proposed improvement. (c) The district is further authorized to employ on a full-time basis persons necessary to maintain, operate, supervise, repair, administer, or otherwise render assistance in the effecting of the plan and its continued benefit. (d) All expenditures hereunder shall be taken as a cost of the improvement. (e) If for any cause the improvement shall not be made, the cost shall be a charge upon the real property in the district and shall be raised and paid by an assessment upon the real property in the district as assessed for state and county purposes, which shall be levied by the governing body on the application of any person interested, and shall be paid to the district to be distributed amongst the creditors of the district. (f) When any improvement is abandoned, it is made the duty of the board to report to the governing body the total amount of the debts which it has incurred, to the end that the governing body may make adequate provision for their payment. Acts 1975, No. 746, § 7; A.S.A. 1947, § 20-1807.

(a) In the preparation of the plan of improvement, the district is authorized to employ architects and engineers to prepare plans, specifications, and estimates of cost for the construction of the improvements and to supervise and inspect the construction.

(b) In addition, the district is authorized to engage and pay attorneys, accountants, and consultants and to obtain and pay for the other professional and technical services as it shall determine to be necessary or desirable in assisting it to effectively carry out the functions, powers, and duties conferred and imposed upon it to accomplish and maintain the proposed improvement.

(c) The district is further authorized to employ on a full-time basis persons necessary to maintain, operate, supervise, repair, administer, or otherwise render assistance in the effecting of the plan and its continued benefit.

(d) All expenditures hereunder shall be taken as a cost of the improvement.

(e) If for any cause the improvement shall not be made, the cost shall be a charge upon the real property in the district and shall be raised and paid by an assessment upon the real property in the district as assessed for state and county purposes, which shall be levied by the governing body on the application of any person interested, and shall be paid to the district to be distributed amongst the creditors of the district.

(f) When any improvement is abandoned, it is made the duty of the board to report to the governing body the total amount of the debts which it has incurred, to the end that the governing body may make adequate provision for their payment.

Acts 1975, No. 746, § 7; A.S.A. 1947, § 20-1807.
Ark. Code Ann. § 14-199-102 — AR Code / Title 14 / Chapter 199 / Subchapter 1 / Section 14-199-102
Compensation of school district in lieu of taxes
Status: in_force

(a) (1) Upon approval of the governing body of a municipality, a utility owned by the municipality may compensate annually a public school district in which the utility is wholly or partly located in an amount not to exceed the amount the utility would pay in taxes if it were subject to taxation. (2) The amount shall be based on a percentage not in excess of twenty percent (20%) of the value of all properties of the utility located in the public school district computed at the millage rate currently in effect in that district. The valuation may be determined by a certified public accountant who is personally familiar with the assets of the utility. (3) The purpose of this subsection is to permit, but not to require, municipally owned utilities to compensate public school districts for loss of taxes resulting from the utilities' tax-exempt status. (b) (1) The council of any city of the first class, city of the second class, or incorporated town in this state owning an electric utility system and deriving revenues from it may agree to and make payments in lieu of taxes to any school district, all or a portion of which is within the city limits of the municipality, when some or all of the property of the electric utility system of the municipality is within the boundaries of the school district. (2) The amount of the payment in lieu of taxes to be made to the school district shall be such amount as the council of the municipality shall determine, not to exceed the amount that would be due the school district in taxes if the property of the electric utility system of the municipality located within the boundaries of the school district was privately owned and subject to taxation by the school district. (3) Payments in lieu of taxes shall be made only from surplus electric revenues. (4) "Surplus electric revenues," as used in this subsection, means electric revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, and indentures securing bonds theretofore issued or securing bonds thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the electric utility system have been fully met and complied with. Acts 1959, No. 126, §§ 1, 2; 1967, No. 318, § 1; A.S.A. 1947, §§ 19-3929, 19-3930, 19-3933.

(a) (1) Upon approval of the governing body of a municipality, a utility owned by the municipality may compensate annually a public school district in which the utility is wholly or partly located in an amount not to exceed the amount the utility would pay in taxes if it were subject to taxation. (2) The amount shall be based on a percentage not in excess of twenty percent (20%) of the value of all properties of the utility located in the public school district computed at the millage rate currently in effect in that district. The valuation may be determined by a certified public accountant who is personally familiar with the assets of the utility. (3) The purpose of this subsection is to permit, but not to require, municipally owned utilities to compensate public school districts for loss of taxes resulting from the utilities' tax-exempt status.

(1) Upon approval of the governing body of a municipality, a utility owned by the municipality may compensate annually a public school district in which the utility is wholly or partly located in an amount not to exceed the amount the utility would pay in taxes if it were subject to taxation.

(2) The amount shall be based on a percentage not in excess of twenty percent (20%) of the value of all properties of the utility located in the public school district computed at the millage rate currently in effect in that district. The valuation may be determined by a certified public accountant who is personally familiar with the assets of the utility.

(3) The purpose of this subsection is to permit, but not to require, municipally owned utilities to compensate public school districts for loss of taxes resulting from the utilities' tax-exempt status.

(b) (1) The council of any city of the first class, city of the second class, or incorporated town in this state owning an electric utility system and deriving revenues from it may agree to and make payments in lieu of taxes to any school district, all or a portion of which is within the city limits of the municipality, when some or all of the property of the electric utility system of the municipality is within the boundaries of the school district. (2) The amount of the payment in lieu of taxes to be made to the school district shall be such amount as the council of the municipality shall determine, not to exceed the amount that would be due the school district in taxes if the property of the electric utility system of the municipality located within the boundaries of the school district was privately owned and subject to taxation by the school district. (3) Payments in lieu of taxes shall be made only from surplus electric revenues. (4) "Surplus electric revenues," as used in this subsection, means electric revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, and indentures securing bonds theretofore issued or securing bonds thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the electric utility system have been fully met and complied with.

(1) The council of any city of the first class, city of the second class, or incorporated town in this state owning an electric utility system and deriving revenues from it may agree to and make payments in lieu of taxes to any school district, all or a portion of which is within the city limits of the municipality, when some or all of the property of the electric utility system of the municipality is within the boundaries of the school district.

(2) The amount of the payment in lieu of taxes to be made to the school district shall be such amount as the council of the municipality shall determine, not to exceed the amount that would be due the school district in taxes if the property of the electric utility system of the municipality located within the boundaries of the school district was privately owned and subject to taxation by the school district.

(3) Payments in lieu of taxes shall be made only from surplus electric revenues.

(4) "Surplus electric revenues," as used in this subsection, means electric revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, and indentures securing bonds theretofore issued or securing bonds thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the electric utility system have been fully met and complied with.

Acts 1959, No. 126, §§ 1, 2; 1967, No. 318, § 1; A.S.A. 1947, §§ 19-3929, 19-3930, 19-3933.
Ark. Code Ann. § 14-61-113 — AR Code / Title 14 / Chapter 61 / Section 14-61-113
Petition process for special elections
Status: in_force

Except for questions that may be referred to the voters by the board of directors, unless it is a city where a federal court has ordered the redistricting of wards under the federal Voting Rights Act of 1965, options provided by this chapter shall be voted on at special elections called as a result of a petition for the special election being filed with the city clerk and provided to the mayor. The following procedure shall be utilized for initial elections to organize under the management form of government, for reorganization elections by a city already operating under the management form of government, and for elections to reorganize the selection of directors in cities where a federal court has ordered the redistricting of wards under the federal Voting Rights Act of 1965: (1) A petition that calls for an election on one (1) particular option for selecting members of the board of directors using the form of the question outlined in § 14-61-115(b) shall be filed with the city clerk and provided to the mayor. The city clerk shall note on the petition the date and time that it was filed. If such a petition contains the signatures of electors equal in number to fifteen percent (15%) of the number of ballots cast for the mayor, or if the mayor is not directly elected, for the director position receiving the highest number of votes in the last general election, then the mayor by proclamation in accordance with § 7-11-201 et seq. shall submit the question to the electors at a special election, provided: (A) (i) The city clerk shall verify the number of signatures on the petitions within ten (10) days of the date they are filed. (ii) If there are insufficient signatures on the petitions, the petitioners shall not receive any extensions for the petition. (iii) If, however, there are a sufficient number of signatures on the petitions but the city clerk is unable to verify the required number of signatures as those of qualified electors, then the petitioners will be given ten (10) days to provide a sufficient number of verified signatures; (B) The proclamation calling the special election shall be issued within three (3) working days of the date the city clerk verifies the number of signatures on the petitions; and (C) The special election shall be held at the next special election date under § 7-11-205 after the proclamation calling the election; (2) Except for the provisions of subdivision (1)(A) of this section, if petitions filed with the mayor that call for an election on one (1) of the options set forth in this chapter are found to be insufficient for any reason whatsoever, then new petitions will have to be circulated and filed before the question can be considered again; (3) Notwithstanding subdivision (2) of this section, if two (2) or more groups file petitions seeking a special election on one (1) of the options set forth in this chapter and the first filed petitions are declared to be insufficient, then the city clerk will determine the sufficiency of the petitions that were filed next in time. Otherwise, upon a declaration that a set of petitions is sufficient and the first in time, then all petitions filed after the first sufficient petitions and before the special election shall be deemed moot and may be destroyed; (4) Once an election has been held pursuant to the provisions of any act that results in a change in the manner of selecting the governing body of a city with the manager form of government or seeks to reorganize a manager-government city under any other form of government, then none of the options presented by this chapter or any act concerning the organization of the government under any form of municipal government may be submitted to the voters for a period of four (4) years from the date of the election; and (5) Except as provided in § 14-61-114(a) , if an election held pursuant to the provisions of any act fails to result in a change in the manner of selecting the governing body of a city with the manager form of government or fails to reorganize such a city under any other form of government, then no other petitions seeking to adopt any of the options presented by this chapter or to reorganize the city under any form of municipal government may be submitted to the voters for a period of two (2) years from the date of the election. Amended by Act 2021, No. 610,§ 19, eff. 1/1/2022. Acts 1989, No. 907, § 11; 1993, No. 1294, § 4; 1995, No. 750, § 1; 2005, No. 2145, § 40; 2007, No. 1049, § 60; 2009, No. 1480, § 78.

Except for questions that may be referred to the voters by the board of directors, unless it is a city where a federal court has ordered the redistricting of wards under the federal Voting Rights Act of 1965, options provided by this chapter shall be voted on at special elections called as a result of a petition for the special election being filed with the city clerk and provided to the mayor. The following procedure shall be utilized for initial elections to organize under the management form of government, for reorganization elections by a city already operating under the management form of government, and for elections to reorganize the selection of directors in cities where a federal court has ordered the redistricting of wards under the federal Voting Rights Act of 1965:

(1) A petition that calls for an election on one (1) particular option for selecting members of the board of directors using the form of the question outlined in § 14-61-115(b) shall be filed with the city clerk and provided to the mayor. The city clerk shall note on the petition the date and time that it was filed. If such a petition contains the signatures of electors equal in number to fifteen percent (15%) of the number of ballots cast for the mayor, or if the mayor is not directly elected, for the director position receiving the highest number of votes in the last general election, then the mayor by proclamation in accordance with § 7-11-201 et seq. shall submit the question to the electors at a special election, provided: (A) (i) The city clerk shall verify the number of signatures on the petitions within ten (10) days of the date they are filed. (ii) If there are insufficient signatures on the petitions, the petitioners shall not receive any extensions for the petition. (iii) If, however, there are a sufficient number of signatures on the petitions but the city clerk is unable to verify the required number of signatures as those of qualified electors, then the petitioners will be given ten (10) days to provide a sufficient number of verified signatures; (B) The proclamation calling the special election shall be issued within three (3) working days of the date the city clerk verifies the number of signatures on the petitions; and (C) The special election shall be held at the next special election date under § 7-11-205 after the proclamation calling the election;

(A) (i) The city clerk shall verify the number of signatures on the petitions within ten (10) days of the date they are filed. (ii) If there are insufficient signatures on the petitions, the petitioners shall not receive any extensions for the petition. (iii) If, however, there are a sufficient number of signatures on the petitions but the city clerk is unable to verify the required number of signatures as those of qualified electors, then the petitioners will be given ten (10) days to provide a sufficient number of verified signatures;

(i) The city clerk shall verify the number of signatures on the petitions within ten (10) days of the date they are filed.

(ii) If there are insufficient signatures on the petitions, the petitioners shall not receive any extensions for the petition.

(iii) If, however, there are a sufficient number of signatures on the petitions but the city clerk is unable to verify the required number of signatures as those of qualified electors, then the petitioners will be given ten (10) days to provide a sufficient number of verified signatures;

(B) The proclamation calling the special election shall be issued within three (3) working days of the date the city clerk verifies the number of signatures on the petitions; and

(C) The special election shall be held at the next special election date under § 7-11-205 after the proclamation calling the election;

(2) Except for the provisions of subdivision (1)(A) of this section, if petitions filed with the mayor that call for an election on one (1) of the options set forth in this chapter are found to be insufficient for any reason whatsoever, then new petitions will have to be circulated and filed before the question can be considered again;

(3) Notwithstanding subdivision (2) of this section, if two (2) or more groups file petitions seeking a special election on one (1) of the options set forth in this chapter and the first filed petitions are declared to be insufficient, then the city clerk will determine the sufficiency of the petitions that were filed next in time. Otherwise, upon a declaration that a set of petitions is sufficient and the first in time, then all petitions filed after the first sufficient petitions and before the special election shall be deemed moot and may be destroyed;

(4) Once an election has been held pursuant to the provisions of any act that results in a change in the manner of selecting the governing body of a city with the manager form of government or seeks to reorganize a manager-government city under any other form of government, then none of the options presented by this chapter or any act concerning the organization of the government under any form of municipal government may be submitted to the voters for a period of four (4) years from the date of the election; and

(5) Except as provided in § 14-61-114(a) , if an election held pursuant to the provisions of any act fails to result in a change in the manner of selecting the governing body of a city with the manager form of government or fails to reorganize such a city under any other form of government, then no other petitions seeking to adopt any of the options presented by this chapter or to reorganize the city under any form of municipal government may be submitted to the voters for a period of two (2) years from the date of the election.

Amended by Act 2021, No. 610,§ 19, eff. 1/1/2022.

Acts 1989, No. 907, § 11; 1993, No. 1294, § 4; 1995, No. 750, § 1; 2005, No. 2145, § 40; 2007, No. 1049, § 60; 2009, No. 1480, § 78.
Ark. Code Ann. § 14-41-303 — AR Code / Title 14 / Chapter 41 / Subchapter 3 / Section 14-41-303
Parties to petition
Status: in_force

If at any time one (1) person owns, or two (2) or more persons own jointly or as tenants in common, or a corporation owns all the lots and blocks in any addition or division to any city or incorporated town in this state, the streets and alleys of which have not been used by the public for the last seven (7) years prior to the filing of the petition, then the person, persons, or corporation may have the addition or division reduced to acreage by proper petition to the county court. Acts 1929, No. 91, § 2; Pope's Dig., § 9515; A.S.A. 1947, § 19-408.

If at any time one (1) person owns, or two (2) or more persons own jointly or as tenants in common, or a corporation owns all the lots and blocks in any addition or division to any city or incorporated town in this state, the streets and alleys of which have not been used by the public for the last seven (7) years prior to the filing of the petition, then the person, persons, or corporation may have the addition or division reduced to acreage by proper petition to the county court.

Acts 1929, No. 91, § 2; Pope's Dig., § 9515; A.S.A. 1947, § 19-408.
Ark. Code Ann. § 14-55-401 — AR Code / Title 14 / Chapter 55 / Subchapter 4 / Section 14-55-401
Existing ordinances continue in force
Status: in_force

All laws, ordinances, resolutions, or orders, lawfully passed and adopted by the city or town council, not inconsistent with the Constitution or laws of this state, shall be, remain, and continue in force until altered or repealed by the council. Acts 1875, No. 1, § 33, p. 1; C. & M. Dig., § 7500; Pope's Dig., § 9560; A.S.A. 1947, § 19-2406.

All laws, ordinances, resolutions, or orders, lawfully passed and adopted by the city or town council, not inconsistent with the Constitution or laws of this state, shall be, remain, and continue in force until altered or repealed by the council.

Acts 1875, No. 1, § 33, p. 1; C. & M. Dig., § 7500; Pope's Dig., § 9560; A.S.A. 1947, § 19-2406.
Ark. Code Ann. § 14-47-107 — AR Code / Title 14 / Chapter 47 / Section 14-47-107
Subsequent election on mayor-council form of government
Status: in_force

(a) (1) (A) After the expiration of six (6) years from the date on which the first board of directors takes office in a city organized under this chapter, a petition may be presented to the mayor by the board of directors by ordinance or by petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for the position of mayor in the immediately preceding mayoral general election. (B) Upon the receipt of a petition under this subdivision (a)(1), the mayor by proclamation shall submit the question of organization of the city under the mayor-council form of government at a special election to be held in accordance with § 7-11-201 et seq. (2) (A) The proclamation shall be published at length one (1) time in a newspaper published in the city. (B) (i) Notice of the election shall be published in a newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. (ii) No other notice of the election is necessary. (b) If the plan is not adopted by a majority of the voters voting upon that issue at the special election called, the question of adopting the mayor-council form of government shall not be resubmitted to the voters of the city for adoption within four (4) years thereafter. Then the question to adopt shall be resubmitted upon the presentation to the mayor of a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of votes cast for the position of mayor in the immediately preceding mayoral general election. (c) At the special election for the submission or resubmission of the proposition, the ballots shall read: "FOR the proposition to organize this city under the mayor-council form of government ............... [] AGAINST the proposition to organize this city under the mayor-council form of government ............... []" (d) (1) The election thereupon shall be conducted, the votes canvassed, and the result declared in the same manner as provided by law in respect to other city elections. (2) (A) The county board of election commissioners shall certify the result to the mayor. (B) The result shall be conclusive and not subject to attack unless suit is brought within thirty (30) days after the certification by the county board of election commissioners in the circuit court of the county in which the city is situated to contest the certification. (e) (1) Except as provided in subdivision (e)(2) of this section, if the majority of the votes cast on the issue are in favor of organization of the city under the mayor-council form of government, the city shall proceed to the election of all of the city officials who were subject to election in the city immediately before the date on which the city was organized under the management form of city government. (2) At the time the reorganization is effective under this chapter: (A) The mayor shall continue in office until the remainder of his or her term of office; and (B) A member of the city board of directors shall become a member of the city council and shall continue in office until the remainder of his or her term of office. (3) In a city that has a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census: (A) A person who is on the ballot in 2020 to become a member of the city council shall serve a term of two (2) years if elected; and (B) At the 2022 General Election, the newly elected city council members shall draw initial two-year or four-year terms to result in staggered four-year terms. (f) If no suit is brought to contest the certification of the results of the election within the thirty-day period after the certification, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and county clerk of the county in which the city is situated. (g) (1) The election of the city officials shall be held at the next time provided for the election of city officials under the statutes then in effect pertaining to the mayor-council form of government pertaining to the class of cities to which the particular city belongs. (2) (A) All laws pertaining to the mayor-council form of government for such class of cities shall apply. (B) (i) On the date as prescribed by such laws when newly elected city officials take office, the term of office of all members of the board of directors shall terminate, and the transition to the mayor-council form of government shall be completed. (ii) If, under the mayor-council form of government, the terms of council members are staggered, determination shall be made by lot and the length of the terms fixed accordingly. (h) The provisions of this section for converting to the mayor-council form of government shall be in addition to the right to change to the mayor-council or any other form of municipal government that may exist under present law. (i) (1) When a municipality elects to adopt the mayor-council form of government in the manner provided in this section, the question of reorganizing the municipality under the manager form shall not be submitted to the electors within a period of six (6) years, and thereafter only in the manner provided in § 14-47-106 . (2) If the qualified electors of the municipality do not approve the organization of the municipality under the manager form of government at the election, the proposition shall not again be submitted to the electors of the city for a period of four (4) years, and then only in the manner provided in § 14-47-106 . Amended by Act 2019, No. 1092,§ 3, eff. 7/30/2019. Amended by Act 2019, No. 1092,§ 2, eff. 7/30/2019. Amended by Act 2017, No. 878,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 1291,§ 1, eff. 8/16/2013. Acts 1957, No. 8, § 26, as added by Acts 1957, No. 389, § 1; 1965, No. 22, § 1; 1965, No. 157, § 2; A.S.A. 1947, § 19-733; Acts 2005, No. 2145, § 32; 2007, No. 1049, § 51; 2009, No. 1480, § 69.

(a) (1) (A) After the expiration of six (6) years from the date on which the first board of directors takes office in a city organized under this chapter, a petition may be presented to the mayor by the board of directors by ordinance or by petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for the position of mayor in the immediately preceding mayoral general election. (B) Upon the receipt of a petition under this subdivision (a)(1), the mayor by proclamation shall submit the question of organization of the city under the mayor-council form of government at a special election to be held in accordance with § 7-11-201 et seq. (2) (A) The proclamation shall be published at length one (1) time in a newspaper published in the city. (B) (i) Notice of the election shall be published in a newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. (ii) No other notice of the election is necessary.

(1) (A) After the expiration of six (6) years from the date on which the first board of directors takes office in a city organized under this chapter, a petition may be presented to the mayor by the board of directors by ordinance or by petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for the position of mayor in the immediately preceding mayoral general election. (B) Upon the receipt of a petition under this subdivision (a)(1), the mayor by proclamation shall submit the question of organization of the city under the mayor-council form of government at a special election to be held in accordance with § 7-11-201 et seq.

(A) After the expiration of six (6) years from the date on which the first board of directors takes office in a city organized under this chapter, a petition may be presented to the mayor by the board of directors by ordinance or by petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for the position of mayor in the immediately preceding mayoral general election.

(B) Upon the receipt of a petition under this subdivision (a)(1), the mayor by proclamation shall submit the question of organization of the city under the mayor-council form of government at a special election to be held in accordance with § 7-11-201 et seq.

(2) (A) The proclamation shall be published at length one (1) time in a newspaper published in the city. (B) (i) Notice of the election shall be published in a newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. (ii) No other notice of the election is necessary.

(A) The proclamation shall be published at length one (1) time in a newspaper published in the city.

(B) (i) Notice of the election shall be published in a newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. (ii) No other notice of the election is necessary.

(i) Notice of the election shall be published in a newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election.

(ii) No other notice of the election is necessary.

(b) If the plan is not adopted by a majority of the voters voting upon that issue at the special election called, the question of adopting the mayor-council form of government shall not be resubmitted to the voters of the city for adoption within four (4) years thereafter. Then the question to adopt shall be resubmitted upon the presentation to the mayor of a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of votes cast for the position of mayor in the immediately preceding mayoral general election.

(c) At the special election for the submission or resubmission of the proposition, the ballots shall read: "FOR the proposition to organize this city under the mayor-council form of government ............... [] AGAINST the proposition to organize this city under the mayor-council form of government ............... []"

"FOR the proposition to organize this city under the mayor-council form of government ............... []

AGAINST the proposition to organize this city under the mayor-council form of government ............... []"

(d) (1) The election thereupon shall be conducted, the votes canvassed, and the result declared in the same manner as provided by law in respect to other city elections. (2) (A) The county board of election commissioners shall certify the result to the mayor. (B) The result shall be conclusive and not subject to attack unless suit is brought within thirty (30) days after the certification by the county board of election commissioners in the circuit court of the county in which the city is situated to contest the certification.

(1) The election thereupon shall be conducted, the votes canvassed, and the result declared in the same manner as provided by law in respect to other city elections.

(2) (A) The county board of election commissioners shall certify the result to the mayor. (B) The result shall be conclusive and not subject to attack unless suit is brought within thirty (30) days after the certification by the county board of election commissioners in the circuit court of the county in which the city is situated to contest the certification.

(A) The county board of election commissioners shall certify the result to the mayor.

(B) The result shall be conclusive and not subject to attack unless suit is brought within thirty (30) days after the certification by the county board of election commissioners in the circuit court of the county in which the city is situated to contest the certification.

(e) (1) Except as provided in subdivision (e)(2) of this section, if the majority of the votes cast on the issue are in favor of organization of the city under the mayor-council form of government, the city shall proceed to the election of all of the city officials who were subject to election in the city immediately before the date on which the city was organized under the management form of city government. (2) At the time the reorganization is effective under this chapter: (A) The mayor shall continue in office until the remainder of his or her term of office; and (B) A member of the city board of directors shall become a member of the city council and shall continue in office until the remainder of his or her term of office. (3) In a city that has a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census: (A) A person who is on the ballot in 2020 to become a member of the city council shall serve a term of two (2) years if elected; and (B) At the 2022 General Election, the newly elected city council members shall draw initial two-year or four-year terms to result in staggered four-year terms.

(1) Except as provided in subdivision (e)(2) of this section, if the majority of the votes cast on the issue are in favor of organization of the city under the mayor-council form of government, the city shall proceed to the election of all of the city officials who were subject to election in the city immediately before the date on which the city was organized under the management form of city government.

(2) At the time the reorganization is effective under this chapter: (A) The mayor shall continue in office until the remainder of his or her term of office; and (B) A member of the city board of directors shall become a member of the city council and shall continue in office until the remainder of his or her term of office.

(A) The mayor shall continue in office until the remainder of his or her term of office; and

(B) A member of the city board of directors shall become a member of the city council and shall continue in office until the remainder of his or her term of office.

(3) In a city that has a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census: (A) A person who is on the ballot in 2020 to become a member of the city council shall serve a term of two (2) years if elected; and (B) At the 2022 General Election, the newly elected city council members shall draw initial two-year or four-year terms to result in staggered four-year terms.

(A) A person who is on the ballot in 2020 to become a member of the city council shall serve a term of two (2) years if elected; and

(B) At the 2022 General Election, the newly elected city council members shall draw initial two-year or four-year terms to result in staggered four-year terms.

(f) If no suit is brought to contest the certification of the results of the election within the thirty-day period after the certification, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and county clerk of the county in which the city is situated.

(g) (1) The election of the city officials shall be held at the next time provided for the election of city officials under the statutes then in effect pertaining to the mayor-council form of government pertaining to the class of cities to which the particular city belongs. (2) (A) All laws pertaining to the mayor-council form of government for such class of cities shall apply. (B) (i) On the date as prescribed by such laws when newly elected city officials take office, the term of office of all members of the board of directors shall terminate, and the transition to the mayor-council form of government shall be completed. (ii) If, under the mayor-council form of government, the terms of council members are staggered, determination shall be made by lot and the length of the terms fixed accordingly.

(1) The election of the city officials shall be held at the next time provided for the election of city officials under the statutes then in effect pertaining to the mayor-council form of government pertaining to the class of cities to which the particular city belongs.

(2) (A) All laws pertaining to the mayor-council form of government for such class of cities shall apply. (B) (i) On the date as prescribed by such laws when newly elected city officials take office, the term of office of all members of the board of directors shall terminate, and the transition to the mayor-council form of government shall be completed. (ii) If, under the mayor-council form of government, the terms of council members are staggered, determination shall be made by lot and the length of the terms fixed accordingly.

(A) All laws pertaining to the mayor-council form of government for such class of cities shall apply.

(B) (i) On the date as prescribed by such laws when newly elected city officials take office, the term of office of all members of the board of directors shall terminate, and the transition to the mayor-council form of government shall be completed. (ii) If, under the mayor-council form of government, the terms of council members are staggered, determination shall be made by lot and the length of the terms fixed accordingly.

(i) On the date as prescribed by such laws when newly elected city officials take office, the term of office of all members of the board of directors shall terminate, and the transition to the mayor-council form of government shall be completed.

(ii) If, under the mayor-council form of government, the terms of council members are staggered, determination shall be made by lot and the length of the terms fixed accordingly.

(h) The provisions of this section for converting to the mayor-council form of government shall be in addition to the right to change to the mayor-council or any other form of municipal government that may exist under present law.

(i) (1) When a municipality elects to adopt the mayor-council form of government in the manner provided in this section, the question of reorganizing the municipality under the manager form shall not be submitted to the electors within a period of six (6) years, and thereafter only in the manner provided in § 14-47-106 . (2) If the qualified electors of the municipality do not approve the organization of the municipality under the manager form of government at the election, the proposition shall not again be submitted to the electors of the city for a period of four (4) years, and then only in the manner provided in § 14-47-106 .

(1) When a municipality elects to adopt the mayor-council form of government in the manner provided in this section, the question of reorganizing the municipality under the manager form shall not be submitted to the electors within a period of six (6) years, and thereafter only in the manner provided in § 14-47-106 .

(2) If the qualified electors of the municipality do not approve the organization of the municipality under the manager form of government at the election, the proposition shall not again be submitted to the electors of the city for a period of four (4) years, and then only in the manner provided in § 14-47-106 .

Amended by Act 2019, No. 1092,§ 3, eff. 7/30/2019.

Amended by Act 2019, No. 1092,§ 2, eff. 7/30/2019.

Amended by Act 2017, No. 878,§ 4, eff. 8/1/2017.

Amended by Act 2013, No. 1291,§ 1, eff. 8/16/2013.

Acts 1957, No. 8, § 26, as added by Acts 1957, No. 389, § 1; 1965, No. 22, § 1; 1965, No. 157, § 2; A.S.A. 1947, § 19-733; Acts 2005, No. 2145, § 32; 2007, No. 1049, § 51; 2009, No. 1480, § 69.
Ark. Code Ann. § 14-144-204 — AR Code / Title 14 / Chapter 144 / Subchapter 2 / Section 14-144-204
Powers of research park authority board
Status: in_force

(a) Each research park authority board is given the following powers: (1) To make and adopt all necessary bylaws for its organization and operation; (2) To elect officers and to employ personnel necessary for its operation; (3) To delegate any authority given to it by law to any of its officers, committees, agents, or employees; (4) To enter into contracts necessary or incidental to its powers and duties under this chapter; (5) To apply for, receive, and spend grants for any purpose of this chapter; (6) To acquire lands and hold title to the lands acquired in its own name; (7) To acquire, own, use, and dispose of property in the exercise of its powers and the performance of its duties under this chapter; (8) To borrow money and execute and deliver negotiable notes in the exercise of its powers and the performance of its duties under this chapter; (9) To issue bonds; (10) To acquire, equip, construct, maintain, and operate a research park and appurtenant facilities or properties; (11) To acquire, equip, construct, maintain, and operate research and related types of facilities, including education, training, office and support facilities, located at or near a research park for the purpose of securing and developing new businesses with a research orientation; (12) To request and receive from time to time, from counties or cities within the boundaries of the research park authority, funds to finance and support the authority, including county or city turnback funds as set forth in §§ 27-70-206 and 27-70-207 for the purpose of matching federal transportation funds; (13) To receive property or funds by gift or donation for the finance and support of the authority; (14) (A) Upon the petition of persons representing two-thirds (2/3) in value of the owners of real property in the area as shown by the last county assessment, to constitute the authority or a committee of the authority as an improvement district and to create and operate an improvement district composed of a specified area encompassed within the jurisdictions of the participating governing bodies. (B) (i) The improvement district shall be for the purpose of financing the construction, reconstruction, or repair of the research park and its facilities. (ii) To the extent consistent with this chapter, the creation and operation of an improvement district shall be in accordance with the procedures established by the laws of the State of Arkansas for the creation and operation of municipal improvement districts; (15) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate a research park and auxiliary services and facilities and to establish minimum building codes and regulations and to protect and police the research park and other facilities of the authority in cooperation with the law enforcement agencies and officers having jurisdiction in the area where the facilities of the authority are located; (16) To levy and collect a tax or fee to be levied upon and collected from the tenants or occupants of the research park or from the property owners within the improvement district or redevelopment district; (17) To receive real and personal property from the United States for research park facilities and related purposes by donation, purchase, lease, or otherwise and subject to any conditions the United States may require and to which the authority may agree; (18) To promote, advertise, and publicize the authority and its facilities and to represent and promote the interests of the authority; and (19) To do all things necessary or appropriate to carry out the powers and duties expressly granted or imposed under this chapter. (b) A research park authority may engage in the following activities: (1) Research; (2) Development of products or services, including without limitation: (A) Advanced materials and manufacturing systems; (B) Advanced electronics or computer products, or both; (C) Agriculture, aquaculture, and forestry technologies; (D) Bio-based products; (E) Biotechnology, bioengineering, and life sciences; (F) Engineering technology; (G) Food and environmental sciences; (H) Information and related technology; (I) Medical devices; (J) Nanotechnology; (K) Pharmaceutical products; (L) Products for energy conservation; (M) Products for testing or remediation of environmental hazards; (N) Software, including creative and artistic content and data communications; and (O) Transportation logistics; (3) Production of materials and products ancillary to items listed under subdivisions (b)(1) and (2) of this section; and (4) Acting as support or resource services and suppliers in connection with items listed under subdivisions (b)(1)-(3) of this section. (c) Any additional activities undertaken by a research park authority shall be related to the commercialization of research and the furtherance of products and services derived from research and development activities. (d) The enumeration of powers under this section does not limit or circumscribe the broad objectives and purposes of this chapter and the broad objectives of developing a research park and necessary and desirable related facilities or properties. Acts 2007, No. 1045, § 1.

(a) Each research park authority board is given the following powers: (1) To make and adopt all necessary bylaws for its organization and operation; (2) To elect officers and to employ personnel necessary for its operation; (3) To delegate any authority given to it by law to any of its officers, committees, agents, or employees; (4) To enter into contracts necessary or incidental to its powers and duties under this chapter; (5) To apply for, receive, and spend grants for any purpose of this chapter; (6) To acquire lands and hold title to the lands acquired in its own name; (7) To acquire, own, use, and dispose of property in the exercise of its powers and the performance of its duties under this chapter; (8) To borrow money and execute and deliver negotiable notes in the exercise of its powers and the performance of its duties under this chapter; (9) To issue bonds; (10) To acquire, equip, construct, maintain, and operate a research park and appurtenant facilities or properties; (11) To acquire, equip, construct, maintain, and operate research and related types of facilities, including education, training, office and support facilities, located at or near a research park for the purpose of securing and developing new businesses with a research orientation; (12) To request and receive from time to time, from counties or cities within the boundaries of the research park authority, funds to finance and support the authority, including county or city turnback funds as set forth in §§ 27-70-206 and 27-70-207 for the purpose of matching federal transportation funds; (13) To receive property or funds by gift or donation for the finance and support of the authority; (14) (A) Upon the petition of persons representing two-thirds (2/3) in value of the owners of real property in the area as shown by the last county assessment, to constitute the authority or a committee of the authority as an improvement district and to create and operate an improvement district composed of a specified area encompassed within the jurisdictions of the participating governing bodies. (B) (i) The improvement district shall be for the purpose of financing the construction, reconstruction, or repair of the research park and its facilities. (ii) To the extent consistent with this chapter, the creation and operation of an improvement district shall be in accordance with the procedures established by the laws of the State of Arkansas for the creation and operation of municipal improvement districts; (15) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate a research park and auxiliary services and facilities and to establish minimum building codes and regulations and to protect and police the research park and other facilities of the authority in cooperation with the law enforcement agencies and officers having jurisdiction in the area where the facilities of the authority are located; (16) To levy and collect a tax or fee to be levied upon and collected from the tenants or occupants of the research park or from the property owners within the improvement district or redevelopment district; (17) To receive real and personal property from the United States for research park facilities and related purposes by donation, purchase, lease, or otherwise and subject to any conditions the United States may require and to which the authority may agree; (18) To promote, advertise, and publicize the authority and its facilities and to represent and promote the interests of the authority; and (19) To do all things necessary or appropriate to carry out the powers and duties expressly granted or imposed under this chapter.

(1) To make and adopt all necessary bylaws for its organization and operation;

(2) To elect officers and to employ personnel necessary for its operation;

(3) To delegate any authority given to it by law to any of its officers, committees, agents, or employees;

(4) To enter into contracts necessary or incidental to its powers and duties under this chapter;

(5) To apply for, receive, and spend grants for any purpose of this chapter;

(6) To acquire lands and hold title to the lands acquired in its own name;

(7) To acquire, own, use, and dispose of property in the exercise of its powers and the performance of its duties under this chapter;

(8) To borrow money and execute and deliver negotiable notes in the exercise of its powers and the performance of its duties under this chapter;

(9) To issue bonds;

(10) To acquire, equip, construct, maintain, and operate a research park and appurtenant facilities or properties;

(11) To acquire, equip, construct, maintain, and operate research and related types of facilities, including education, training, office and support facilities, located at or near a research park for the purpose of securing and developing new businesses with a research orientation;

(12) To request and receive from time to time, from counties or cities within the boundaries of the research park authority, funds to finance and support the authority, including county or city turnback funds as set forth in §§ 27-70-206 and 27-70-207 for the purpose of matching federal transportation funds;

(13) To receive property or funds by gift or donation for the finance and support of the authority;

(14) (A) Upon the petition of persons representing two-thirds (2/3) in value of the owners of real property in the area as shown by the last county assessment, to constitute the authority or a committee of the authority as an improvement district and to create and operate an improvement district composed of a specified area encompassed within the jurisdictions of the participating governing bodies. (B) (i) The improvement district shall be for the purpose of financing the construction, reconstruction, or repair of the research park and its facilities. (ii) To the extent consistent with this chapter, the creation and operation of an improvement district shall be in accordance with the procedures established by the laws of the State of Arkansas for the creation and operation of municipal improvement districts;

(A) Upon the petition of persons representing two-thirds (2/3) in value of the owners of real property in the area as shown by the last county assessment, to constitute the authority or a committee of the authority as an improvement district and to create and operate an improvement district composed of a specified area encompassed within the jurisdictions of the participating governing bodies.

(B) (i) The improvement district shall be for the purpose of financing the construction, reconstruction, or repair of the research park and its facilities. (ii) To the extent consistent with this chapter, the creation and operation of an improvement district shall be in accordance with the procedures established by the laws of the State of Arkansas for the creation and operation of municipal improvement districts;

(i) The improvement district shall be for the purpose of financing the construction, reconstruction, or repair of the research park and its facilities.

(ii) To the extent consistent with this chapter, the creation and operation of an improvement district shall be in accordance with the procedures established by the laws of the State of Arkansas for the creation and operation of municipal improvement districts;

(15) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate a research park and auxiliary services and facilities and to establish minimum building codes and regulations and to protect and police the research park and other facilities of the authority in cooperation with the law enforcement agencies and officers having jurisdiction in the area where the facilities of the authority are located;

(16) To levy and collect a tax or fee to be levied upon and collected from the tenants or occupants of the research park or from the property owners within the improvement district or redevelopment district;

(17) To receive real and personal property from the United States for research park facilities and related purposes by donation, purchase, lease, or otherwise and subject to any conditions the United States may require and to which the authority may agree;

(18) To promote, advertise, and publicize the authority and its facilities and to represent and promote the interests of the authority; and

(19) To do all things necessary or appropriate to carry out the powers and duties expressly granted or imposed under this chapter.

(b) A research park authority may engage in the following activities: (1) Research; (2) Development of products or services, including without limitation: (A) Advanced materials and manufacturing systems; (B) Advanced electronics or computer products, or both; (C) Agriculture, aquaculture, and forestry technologies; (D) Bio-based products; (E) Biotechnology, bioengineering, and life sciences; (F) Engineering technology; (G) Food and environmental sciences; (H) Information and related technology; (I) Medical devices; (J) Nanotechnology; (K) Pharmaceutical products; (L) Products for energy conservation; (M) Products for testing or remediation of environmental hazards; (N) Software, including creative and artistic content and data communications; and (O) Transportation logistics; (3) Production of materials and products ancillary to items listed under subdivisions (b)(1) and (2) of this section; and (4) Acting as support or resource services and suppliers in connection with items listed under subdivisions (b)(1)-(3) of this section.

(1) Research;

(2) Development of products or services, including without limitation: (A) Advanced materials and manufacturing systems; (B) Advanced electronics or computer products, or both; (C) Agriculture, aquaculture, and forestry technologies; (D) Bio-based products; (E) Biotechnology, bioengineering, and life sciences; (F) Engineering technology; (G) Food and environmental sciences; (H) Information and related technology; (I) Medical devices; (J) Nanotechnology; (K) Pharmaceutical products; (L) Products for energy conservation; (M) Products for testing or remediation of environmental hazards; (N) Software, including creative and artistic content and data communications; and (O) Transportation logistics;

(A) Advanced materials and manufacturing systems;

(B) Advanced electronics or computer products, or both;

(C) Agriculture, aquaculture, and forestry technologies;

(D) Bio-based products;

(E) Biotechnology, bioengineering, and life sciences;

(F) Engineering technology;

(G) Food and environmental sciences;

(H) Information and related technology;

(I) Medical devices;

(J) Nanotechnology;

(K) Pharmaceutical products;

(L) Products for energy conservation;

(M) Products for testing or remediation of environmental hazards;

(N) Software, including creative and artistic content and data communications; and

(O) Transportation logistics;

(3) Production of materials and products ancillary to items listed under subdivisions (b)(1) and (2) of this section; and

(4) Acting as support or resource services and suppliers in connection with items listed under subdivisions (b)(1)-(3) of this section.

(c) Any additional activities undertaken by a research park authority shall be related to the commercialization of research and the furtherance of products and services derived from research and development activities.

(d) The enumeration of powers under this section does not limit or circumscribe the broad objectives and purposes of this chapter and the broad objectives of developing a research park and necessary and desirable related facilities or properties.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-238-119 — AR Code / Title 14 / Chapter 238 / Section 14-238-119
Bonds as obligation of issuing board
Status: in_force

(a) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds are obligations only of the board, and that in no event shall they constitute an indebtedness for which the faith and credit of the creating county or any of its revenues are pledged. (b) No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this chapter unless he shall have acted with a corrupt intent. Acts 1995, No. 617, § 19.

(a) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds are obligations only of the board, and that in no event shall they constitute an indebtedness for which the faith and credit of the creating county or any of its revenues are pledged.

(b) No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this chapter unless he shall have acted with a corrupt intent.

Acts 1995, No. 617, § 19.
Ark. Code Ann. § 14-14-1205 — AR Code / Title 14 / Chapter 14 / Subchapter 12 / Section 14-14-1205
Compensation of township officers
Status: in_force

(a) (1) (A) The per diem compensation for justices of the peace attending any official, regular, special, or committee meeting of a quorum court shall be fixed by ordinance in each county. (B) The per diem compensation of justices shall not be less than one hundred twenty-five dollars ($125) per diem for each regular meeting nor exceed: (i) Eight thousand seven hundred thirty-four dollars ($8,734) per calendar year in counties having a population of less than seventy thousand (70,000); (ii) Ten thousand three hundred seventy-six dollars ($10,376) per calendar year in counties having a population of at least seventy thousand (70,000) and less than two hundred thousand (200,000); and (iii) Thirteen thousand three hundred nineteen dollars ($13,319) per calendar year in counties having a population of two hundred thousand (200,000) or more. (2) Per Diem Compensation Defined. (A) Per diem compensation is defined as a per calendar day allowance, exclusive of allowable expenses, which shall be paid to a justice for attending meetings of the county quorum court. This compensation shall be based on attending meetings of a quorum court during any single calendar day without regard to the duration of the meetings. (B) However, a member of the quorum court may receive per diem compensation for one (1) meeting per year for which the member is absent due to an emergency or for personal reasons. (3) In addition to any other compensation expense reimbursement or expense allowances provided members of the quorum court, counties may provide medical insurance coverage or other insurance benefits for members of the quorum court. (b) Justices of the Peace Serving in Judicial Capacity. The compensation of all justices of the peace serving in a judicial capacity shall be fixed by ordinance of the quorum court in each county. This basis of compensation shall not be computed on a percentage of the dollar amount of fines levied by a justice of the peace. (c) Justice of the Peace as County Employee or Deputy. A justice of the peace shall not receive compensation as a county employee or deputy, nor shall any justice receive compensation or expenses from funds appropriated by the quorum court for any services performed within the county, other than as provided by this subchapter. (d) Constables. The compensation of all constables serving in any official capacity established by law may be fixed by ordinance of the quorum court in each county. Amended by Act 2019, No. 400,§ 2, eff. 7/24/2019. Acts 1977, No. 742, § 109; 1979, No. 151, § 2; 1981, No. 806, § 2; 1983, No. 446, § 2; 1985, No. 398, § 2; A.S.A. 1947, § 17-4202; Acts 1989, No. 694, § 2; 1993, No. 954, § 2; 1995, No. 661, § 2; 1995, No. 1296, § 46; 1997, No. 363, § 1; 1997, No. 759, § 2; 1999, No. 749, § 1; 2001, No. 1170, § 2; 2003, No. 109, § 2; 2005, No. 1214, § 2; 2007, No. 526, § 2; 2009, No. 320, § 2; 2011, No. 561, § 2.

(a) (1) (A) The per diem compensation for justices of the peace attending any official, regular, special, or committee meeting of a quorum court shall be fixed by ordinance in each county. (B) The per diem compensation of justices shall not be less than one hundred twenty-five dollars ($125) per diem for each regular meeting nor exceed: (i) Eight thousand seven hundred thirty-four dollars ($8,734) per calendar year in counties having a population of less than seventy thousand (70,000); (ii) Ten thousand three hundred seventy-six dollars ($10,376) per calendar year in counties having a population of at least seventy thousand (70,000) and less than two hundred thousand (200,000); and (iii) Thirteen thousand three hundred nineteen dollars ($13,319) per calendar year in counties having a population of two hundred thousand (200,000) or more. (2) Per Diem Compensation Defined. (A) Per diem compensation is defined as a per calendar day allowance, exclusive of allowable expenses, which shall be paid to a justice for attending meetings of the county quorum court. This compensation shall be based on attending meetings of a quorum court during any single calendar day without regard to the duration of the meetings. (B) However, a member of the quorum court may receive per diem compensation for one (1) meeting per year for which the member is absent due to an emergency or for personal reasons. (3) In addition to any other compensation expense reimbursement or expense allowances provided members of the quorum court, counties may provide medical insurance coverage or other insurance benefits for members of the quorum court.

(1) (A) The per diem compensation for justices of the peace attending any official, regular, special, or committee meeting of a quorum court shall be fixed by ordinance in each county. (B) The per diem compensation of justices shall not be less than one hundred twenty-five dollars ($125) per diem for each regular meeting nor exceed: (i) Eight thousand seven hundred thirty-four dollars ($8,734) per calendar year in counties having a population of less than seventy thousand (70,000); (ii) Ten thousand three hundred seventy-six dollars ($10,376) per calendar year in counties having a population of at least seventy thousand (70,000) and less than two hundred thousand (200,000); and (iii) Thirteen thousand three hundred nineteen dollars ($13,319) per calendar year in counties having a population of two hundred thousand (200,000) or more.

(A) The per diem compensation for justices of the peace attending any official, regular, special, or committee meeting of a quorum court shall be fixed by ordinance in each county.

(B) The per diem compensation of justices shall not be less than one hundred twenty-five dollars ($125) per diem for each regular meeting nor exceed: (i) Eight thousand seven hundred thirty-four dollars ($8,734) per calendar year in counties having a population of less than seventy thousand (70,000); (ii) Ten thousand three hundred seventy-six dollars ($10,376) per calendar year in counties having a population of at least seventy thousand (70,000) and less than two hundred thousand (200,000); and (iii) Thirteen thousand three hundred nineteen dollars ($13,319) per calendar year in counties having a population of two hundred thousand (200,000) or more.

(i) Eight thousand seven hundred thirty-four dollars ($8,734) per calendar year in counties having a population of less than seventy thousand (70,000);

(ii) Ten thousand three hundred seventy-six dollars ($10,376) per calendar year in counties having a population of at least seventy thousand (70,000) and less than two hundred thousand (200,000); and

(iii) Thirteen thousand three hundred nineteen dollars ($13,319) per calendar year in counties having a population of two hundred thousand (200,000) or more.

(2) Per Diem Compensation Defined. (A) Per diem compensation is defined as a per calendar day allowance, exclusive of allowable expenses, which shall be paid to a justice for attending meetings of the county quorum court. This compensation shall be based on attending meetings of a quorum court during any single calendar day without regard to the duration of the meetings. (B) However, a member of the quorum court may receive per diem compensation for one (1) meeting per year for which the member is absent due to an emergency or for personal reasons.

(A) Per diem compensation is defined as a per calendar day allowance, exclusive of allowable expenses, which shall be paid to a justice for attending meetings of the county quorum court. This compensation shall be based on attending meetings of a quorum court during any single calendar day without regard to the duration of the meetings.

(B) However, a member of the quorum court may receive per diem compensation for one (1) meeting per year for which the member is absent due to an emergency or for personal reasons.

(3) In addition to any other compensation expense reimbursement or expense allowances provided members of the quorum court, counties may provide medical insurance coverage or other insurance benefits for members of the quorum court.

(b) Justices of the Peace Serving in Judicial Capacity. The compensation of all justices of the peace serving in a judicial capacity shall be fixed by ordinance of the quorum court in each county. This basis of compensation shall not be computed on a percentage of the dollar amount of fines levied by a justice of the peace.

(c) Justice of the Peace as County Employee or Deputy. A justice of the peace shall not receive compensation as a county employee or deputy, nor shall any justice receive compensation or expenses from funds appropriated by the quorum court for any services performed within the county, other than as provided by this subchapter.

(d) Constables. The compensation of all constables serving in any official capacity established by law may be fixed by ordinance of the quorum court in each county.

Amended by Act 2019, No. 400,§ 2, eff. 7/24/2019.

Acts 1977, No. 742, § 109; 1979, No. 151, § 2; 1981, No. 806, § 2; 1983, No. 446, § 2; 1985, No. 398, § 2; A.S.A. 1947, § 17-4202; Acts 1989, No. 694, § 2; 1993, No. 954, § 2; 1995, No. 661, § 2; 1995, No. 1296, § 46; 1997, No. 363, § 1; 1997, No. 759, § 2; 1999, No. 749, § 1; 2001, No. 1170, § 2; 2003, No. 109, § 2; 2005, No. 1214, § 2; 2007, No. 526, § 2; 2009, No. 320, § 2; 2011, No. 561, § 2.
Ark. Code Ann. § 14-90-911 — AR Code / Title 14 / Chapter 90 / Subchapter 9 / Section 14-90-911
Proceedings before filing delinquency suit
Status: in_force

(a) (1) Before filing suit to collect delinquent municipal improvement district installments, the board of improvement shall obtain from the county tax collector or the officials having the delinquent list a certified list of all lots, blocks, and parcels of lands unredeemed. (2) This list shall contain the description and the name of the supposed owner. (3) For preparing the list, the clerk or person preparing it shall be entitled to ten cents (10¢) per tract, which shall be charged to the delinquent lands and collected from the owners when the lands are redeemed or charged as costs in the foreclosure suit. (b) (1) The board shall submit the list to a competent abstractor, who shall compile a list of the names and last known addresses of the owners of record of all tracts included in the list prepared by the collector and shall certify as to the source of the addresses furnished by him. (2) For these services, they may pay the abstractor such sum as may be reasonable and customary, not to exceed fifty cents (50¢) for each lot, block, or parcel. (c) Certified copies of both lists shall be attached as exhibits to the complaint. (d) Twenty (20) days prior to the filing of the complaint, the board shall cause to be mailed, by certified mail with return receipt requested, to each record owner as listed by the abstractor, a notice describing the delinquent property, specifying the year of delinquency and the amount or the approximate amount necessary for redemption, and informing the owner as to the date on which the suit will be filed. (e) (1) As an exhibit to the complaint, there shall be attached an affidavit of the person who mailed the notices. (2) The affidavit shall: (A) Set forth a copy of the notice; (B) Show: (i) The date the notices were mailed; (ii) The names and addresses of the last owners of record; and (iii) To whom the notices were mailed; and (C) Contain a list of all notices which, because of insufficient addresses, were returned prior to the filing of the complaint. (f) The amounts expended by the board in obtaining the list of the last owners of record from the abstractor and in sending the registered letters shall be certified by the board to the collector and shall be charged on a per tract basis to the delinquent lands and collected from the owners when the lands are redeemed, or charged as costs in the foreclosure suit. Acts 1949, No. 195, § 17; A.S.A. 1947, § 20-418.13; Acts 1991, No. 92, § 1.

(a) (1) Before filing suit to collect delinquent municipal improvement district installments, the board of improvement shall obtain from the county tax collector or the officials having the delinquent list a certified list of all lots, blocks, and parcels of lands unredeemed. (2) This list shall contain the description and the name of the supposed owner. (3) For preparing the list, the clerk or person preparing it shall be entitled to ten cents (10¢) per tract, which shall be charged to the delinquent lands and collected from the owners when the lands are redeemed or charged as costs in the foreclosure suit.

(1) Before filing suit to collect delinquent municipal improvement district installments, the board of improvement shall obtain from the county tax collector or the officials having the delinquent list a certified list of all lots, blocks, and parcels of lands unredeemed.

(2) This list shall contain the description and the name of the supposed owner.

(3) For preparing the list, the clerk or person preparing it shall be entitled to ten cents (10¢) per tract, which shall be charged to the delinquent lands and collected from the owners when the lands are redeemed or charged as costs in the foreclosure suit.

(b) (1) The board shall submit the list to a competent abstractor, who shall compile a list of the names and last known addresses of the owners of record of all tracts included in the list prepared by the collector and shall certify as to the source of the addresses furnished by him. (2) For these services, they may pay the abstractor such sum as may be reasonable and customary, not to exceed fifty cents (50¢) for each lot, block, or parcel.

(1) The board shall submit the list to a competent abstractor, who shall compile a list of the names and last known addresses of the owners of record of all tracts included in the list prepared by the collector and shall certify as to the source of the addresses furnished by him.

(2) For these services, they may pay the abstractor such sum as may be reasonable and customary, not to exceed fifty cents (50¢) for each lot, block, or parcel.

(c) Certified copies of both lists shall be attached as exhibits to the complaint.

(d) Twenty (20) days prior to the filing of the complaint, the board shall cause to be mailed, by certified mail with return receipt requested, to each record owner as listed by the abstractor, a notice describing the delinquent property, specifying the year of delinquency and the amount or the approximate amount necessary for redemption, and informing the owner as to the date on which the suit will be filed.

(e) (1) As an exhibit to the complaint, there shall be attached an affidavit of the person who mailed the notices. (2) The affidavit shall: (A) Set forth a copy of the notice; (B) Show: (i) The date the notices were mailed; (ii) The names and addresses of the last owners of record; and (iii) To whom the notices were mailed; and (C) Contain a list of all notices which, because of insufficient addresses, were returned prior to the filing of the complaint.

(1) As an exhibit to the complaint, there shall be attached an affidavit of the person who mailed the notices.

(2) The affidavit shall: (A) Set forth a copy of the notice; (B) Show: (i) The date the notices were mailed; (ii) The names and addresses of the last owners of record; and (iii) To whom the notices were mailed; and (C) Contain a list of all notices which, because of insufficient addresses, were returned prior to the filing of the complaint.

(A) Set forth a copy of the notice;

(B) Show: (i) The date the notices were mailed; (ii) The names and addresses of the last owners of record; and (iii) To whom the notices were mailed; and

(i) The date the notices were mailed;

(ii) The names and addresses of the last owners of record; and

(iii) To whom the notices were mailed; and

(C) Contain a list of all notices which, because of insufficient addresses, were returned prior to the filing of the complaint.

(f) The amounts expended by the board in obtaining the list of the last owners of record from the abstractor and in sending the registered letters shall be certified by the board to the collector and shall be charged on a per tract basis to the delinquent lands and collected from the owners when the lands are redeemed, or charged as costs in the foreclosure suit.

Acts 1949, No. 195, § 17; A.S.A. 1947, § 20-418.13; Acts 1991, No. 92, § 1.
Ark. Code Ann. § 14-125-109 — AR Code / Title 14 / Chapter 125 / Subchapter 1 / Section 14-125-109
Payments made to district by commission
Status: in_force

(a) For the purpose of aiding the development and general operation of the respective soil conservation districts of this state, the Arkansas Natural Resources Commission is authorized to make payments to the districts from time to time from funds appropriated for that purpose. All payments made to soil conservation districts shall be used for the purposes authorized by law, and no payments may be made to any district that does not comply with the provisions of this section. (b) (1) Whenever the General Assembly shall have appropriated funds to be used for making payments as authorized by this section, the commission shall annually through its designated employee give notice to all soil conservation districts of this state that applications for payments will be received by the commission on or before a date designated by the commission, which date shall be at least thirty (30) days after the date of notice. (2) Any soil conservation district desiring to receive payments under the provisions of this section shall make application therefor upon forms furnished by the commission and shall return the application to the commission on or before the date specified by the commission. (3) All applications for payments shall be signed and verified by the chair and secretary of the board of directors of the soil conservation district. (4) The application form shall contain a statement that the signers thereof understand the purposes for which payments will be received and that they agree to use the payments for the purpose for which they are made and will be held accountable for any misuse of the payments. (5) No application for payments shall be considered by the commission that is not prepared and signed according to the rules of the commission or which is received after the date specified by the commission for receiving applications. (c) Payments made to the various conservation districts of this state shall be used only in furtherance of the purposes of this chapter and shall be in such amounts and with such restrictions as prescribed by the rules of the commission. (d) (1) (A) Arkansas Legislative Audit may annually audit the books and accounts of each of the soil conservation districts receiving payments under the provisions of this section. (B) All payments made to the districts shall be used for the purposes provided for in this section. (2) (A) Any soil conservation district which violates the provisions of this section shall not be eligible for payments under the provisions of this section for three (3) years. (B) Any member of the board of directors of any soil conservation district or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor. Amended by Act 2019, No. 315,§ 1003, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1002, eff. 7/24/2019. Acts 1957, No. 196, §§ 1-4; 1963, No. 14, § 17; 1969, No. 181, § 5; 1971, No. 160, § 1; 1973, No. 140, § 3; A.S.A. 1947, §§ 9-914 -- 9-917; Acts 2005, No. 903, § 1.

(a) For the purpose of aiding the development and general operation of the respective soil conservation districts of this state, the Arkansas Natural Resources Commission is authorized to make payments to the districts from time to time from funds appropriated for that purpose. All payments made to soil conservation districts shall be used for the purposes authorized by law, and no payments may be made to any district that does not comply with the provisions of this section.

(b) (1) Whenever the General Assembly shall have appropriated funds to be used for making payments as authorized by this section, the commission shall annually through its designated employee give notice to all soil conservation districts of this state that applications for payments will be received by the commission on or before a date designated by the commission, which date shall be at least thirty (30) days after the date of notice. (2) Any soil conservation district desiring to receive payments under the provisions of this section shall make application therefor upon forms furnished by the commission and shall return the application to the commission on or before the date specified by the commission. (3) All applications for payments shall be signed and verified by the chair and secretary of the board of directors of the soil conservation district. (4) The application form shall contain a statement that the signers thereof understand the purposes for which payments will be received and that they agree to use the payments for the purpose for which they are made and will be held accountable for any misuse of the payments. (5) No application for payments shall be considered by the commission that is not prepared and signed according to the rules of the commission or which is received after the date specified by the commission for receiving applications.

(1) Whenever the General Assembly shall have appropriated funds to be used for making payments as authorized by this section, the commission shall annually through its designated employee give notice to all soil conservation districts of this state that applications for payments will be received by the commission on or before a date designated by the commission, which date shall be at least thirty (30) days after the date of notice.

(2) Any soil conservation district desiring to receive payments under the provisions of this section shall make application therefor upon forms furnished by the commission and shall return the application to the commission on or before the date specified by the commission.

(3) All applications for payments shall be signed and verified by the chair and secretary of the board of directors of the soil conservation district.

(4) The application form shall contain a statement that the signers thereof understand the purposes for which payments will be received and that they agree to use the payments for the purpose for which they are made and will be held accountable for any misuse of the payments.

(5) No application for payments shall be considered by the commission that is not prepared and signed according to the rules of the commission or which is received after the date specified by the commission for receiving applications.

(c) Payments made to the various conservation districts of this state shall be used only in furtherance of the purposes of this chapter and shall be in such amounts and with such restrictions as prescribed by the rules of the commission.

(d) (1) (A) Arkansas Legislative Audit may annually audit the books and accounts of each of the soil conservation districts receiving payments under the provisions of this section. (B) All payments made to the districts shall be used for the purposes provided for in this section. (2) (A) Any soil conservation district which violates the provisions of this section shall not be eligible for payments under the provisions of this section for three (3) years. (B) Any member of the board of directors of any soil conservation district or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor.

(1) (A) Arkansas Legislative Audit may annually audit the books and accounts of each of the soil conservation districts receiving payments under the provisions of this section. (B) All payments made to the districts shall be used for the purposes provided for in this section.

(A) Arkansas Legislative Audit may annually audit the books and accounts of each of the soil conservation districts receiving payments under the provisions of this section.

(B) All payments made to the districts shall be used for the purposes provided for in this section.

(2) (A) Any soil conservation district which violates the provisions of this section shall not be eligible for payments under the provisions of this section for three (3) years. (B) Any member of the board of directors of any soil conservation district or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor.

(A) Any soil conservation district which violates the provisions of this section shall not be eligible for payments under the provisions of this section for three (3) years.

(B) Any member of the board of directors of any soil conservation district or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor.

Amended by Act 2019, No. 315,§ 1003, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1002, eff. 7/24/2019.

Acts 1957, No. 196, §§ 1-4; 1963, No. 14, § 17; 1969, No. 181, § 5; 1971, No. 160, § 1; 1973, No. 140, § 3; A.S.A. 1947, §§ 9-914 -- 9-917; Acts 2005, No. 903, § 1.
Ark. Code Ann. § 14-286-112 — AR Code / Title 14 / Chapter 286 / Section 14-286-112
Bonds - Authority - Requirements generally
Status: in_force

(a) The board shall have the authority to issue negotiable bonds or certificates of indebtedness to secure funds for the expenses of the district including office supplies and salaries, the purchase of equipment, facilities, chemicals, and such other items as may be necessary to carry out the purposes of the district. (1) Bonds issued by the board shall be for a term not more than twenty (20) years and shall bear interest at a rate not to exceed the constitutional maximum. (2) To secure the bonds, the board may pledge all or a portion of the benefit assessed against real property in the district. (b) Bonds of the districts shall be authorized by resolution of the board and may be registrable as to principal only or as to principal and interest and may be made exchangeable for bonds of another denomination; may be in such form and denomination; may have such date or dates; may be stated to mature at such times; may bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding the constitutional maximum; may be payable at such places within or without the State of Arkansas; may be made subject to such terms of redemption in advance of maturity at such prices; and may contain such terms and conditions, as the board shall determine. (1) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth in this subchapter. (2) The authorizing resolution may contain any of the terms, covenants and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting in securities specified by the board of any moneys during the periods not needed for the authorized purposes, and the rights, duties, and obligations of the district, the board, and of the holders and registered owners of the bonds. (c) The authorizing resolution may provide for the execution of a trust indenture by the district with a bank or trust company within or without the State or Arkansas. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collections and disposition of assessments and of revenues, the investing and reinvesting in securities specified by the board of any moneys during the periods not needed for authorized purposes, and the rights, duties, and obligations of the board and the holders and registered owners of the bonds. (d) The bonds shall be sold at a public sale through sealed bids. (1) Notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale and may be published in such other publications as the district may determine. (2) The bonds may be sold at such price as the board may accept including sale at a discount, but in no event shall any bid be accepted which results in a net interest cost, which is determined by computing the aggregate interest cost from the date to maturity at the rate or rates bid and deducting any premium or adding any amount of any discount, in excess of the interest cost computed at par for bonds bearing interest at the maximum rate prescribed by the Arkansas Constitution. (3) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost. (e) (1) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary/treasurer of the board. (2) In case any of the officers whose signature appears on the bonds shall cease to be officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes. (f) The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district. Acts 1997, No. 590, § 12.

(a) The board shall have the authority to issue negotiable bonds or certificates of indebtedness to secure funds for the expenses of the district including office supplies and salaries, the purchase of equipment, facilities, chemicals, and such other items as may be necessary to carry out the purposes of the district. (1) Bonds issued by the board shall be for a term not more than twenty (20) years and shall bear interest at a rate not to exceed the constitutional maximum. (2) To secure the bonds, the board may pledge all or a portion of the benefit assessed against real property in the district.

(1) Bonds issued by the board shall be for a term not more than twenty (20) years and shall bear interest at a rate not to exceed the constitutional maximum.

(2) To secure the bonds, the board may pledge all or a portion of the benefit assessed against real property in the district.

(b) Bonds of the districts shall be authorized by resolution of the board and may be registrable as to principal only or as to principal and interest and may be made exchangeable for bonds of another denomination; may be in such form and denomination; may have such date or dates; may be stated to mature at such times; may bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding the constitutional maximum; may be payable at such places within or without the State of Arkansas; may be made subject to such terms of redemption in advance of maturity at such prices; and may contain such terms and conditions, as the board shall determine. (1) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth in this subchapter. (2) The authorizing resolution may contain any of the terms, covenants and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting in securities specified by the board of any moneys during the periods not needed for the authorized purposes, and the rights, duties, and obligations of the district, the board, and of the holders and registered owners of the bonds.

(1) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth in this subchapter.

(2) The authorizing resolution may contain any of the terms, covenants and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting in securities specified by the board of any moneys during the periods not needed for the authorized purposes, and the rights, duties, and obligations of the district, the board, and of the holders and registered owners of the bonds.

(c) The authorizing resolution may provide for the execution of a trust indenture by the district with a bank or trust company within or without the State or Arkansas. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collections and disposition of assessments and of revenues, the investing and reinvesting in securities specified by the board of any moneys during the periods not needed for authorized purposes, and the rights, duties, and obligations of the board and the holders and registered owners of the bonds.

(d) The bonds shall be sold at a public sale through sealed bids. (1) Notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale and may be published in such other publications as the district may determine. (2) The bonds may be sold at such price as the board may accept including sale at a discount, but in no event shall any bid be accepted which results in a net interest cost, which is determined by computing the aggregate interest cost from the date to maturity at the rate or rates bid and deducting any premium or adding any amount of any discount, in excess of the interest cost computed at par for bonds bearing interest at the maximum rate prescribed by the Arkansas Constitution. (3) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost.

(1) Notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale and may be published in such other publications as the district may determine.

(2) The bonds may be sold at such price as the board may accept including sale at a discount, but in no event shall any bid be accepted which results in a net interest cost, which is determined by computing the aggregate interest cost from the date to maturity at the rate or rates bid and deducting any premium or adding any amount of any discount, in excess of the interest cost computed at par for bonds bearing interest at the maximum rate prescribed by the Arkansas Constitution.

(3) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost.

(e) (1) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary/treasurer of the board. (2) In case any of the officers whose signature appears on the bonds shall cease to be officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes.

(1) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary/treasurer of the board.

(2) In case any of the officers whose signature appears on the bonds shall cease to be officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes.

(f) The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district.

Acts 1997, No. 590, § 12.
Ark. Code Ann. § 14-186-202 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-202
Construction
Status: in_force

(a) It is intended that the provisions of this subchapter shall be liberally construed to accomplish the purposes provided for, or intended to be provided for, in this subchapter. (b) Where strict construction would result in the defeat of the accomplishment of any of the actions authorized in this subchapter and a liberal construction would permit or assist in the accomplishment of them, the liberal construction shall be chosen. Acts 1947, No. 167, § 12; A.S.A. 1947, § 19-2731.

(a) It is intended that the provisions of this subchapter shall be liberally construed to accomplish the purposes provided for, or intended to be provided for, in this subchapter.

(b) Where strict construction would result in the defeat of the accomplishment of any of the actions authorized in this subchapter and a liberal construction would permit or assist in the accomplishment of them, the liberal construction shall be chosen.

Acts 1947, No. 167, § 12; A.S.A. 1947, § 19-2731.
Ark. Code Ann. § 14-250-112 — AR Code / Title 14 / Chapter 250 / Section 14-250-112
Expansion of service area
Status: in_force

Service may be extended to any person upon majority vote of the board if the extension will not cause injury to any person already served and if the costs for the service are calculated and billed in an equitable manner. Acts 1983, No. 608, § 12; A.S.A. 1947, § 20-2312.

Service may be extended to any person upon majority vote of the board if the extension will not cause injury to any person already served and if the costs for the service are calculated and billed in an equitable manner.

Acts 1983, No. 608, § 12; A.S.A. 1947, § 20-2312.
Ark. Code Ann. § 14-16-206 — AR Code / Title 14 / Chapter 16 / Subchapter 2 / Section 14-16-206
Property used for activities
Status: in_force

Any corporation, board, or body given charge of a recreation program is authorized to conduct its activities on: (1) Property under its custody and management; (2) Other public property under the custody of any other public organization, body, or board, with the consent of the corporations, bodies, or boards; and (3) Private property, with the consent of its owners. Acts 1941, No. 291, § 3; A.S.A. 1947, § 19-3603.

Any corporation, board, or body given charge of a recreation program is authorized to conduct its activities on:

(1) Property under its custody and management;

(2) Other public property under the custody of any other public organization, body, or board, with the consent of the corporations, bodies, or boards; and

(3) Private property, with the consent of its owners.

Acts 1941, No. 291, § 3; A.S.A. 1947, § 19-3603.
Ark. Code Ann. § 14-62-104 — AR Code / Title 14 / Chapter 62 / Section 14-62-104
Receiver - Appointment - Oath - Duties - Authority
Status: in_force

(a) Within five (5) business days of receipt of the order revoking the charter of a municipal corporation under § 14-62-102 , the Governor shall appoint a qualified officer, to be known as the receiver, for an extinct municipal corporation whose charter has been revoked under this chapter. (b) A receiver shall: (1) Take the oath required of other collectors of public revenue and give bond with good sureties to be approved by the circuit court of the Sixth Judicial District; (2) Enter upon the duties of the office as soon as appointed and qualified; (3) Take possession of: (A) All books, papers, and documents pertaining to the assessment and collection of taxes of the extinct municipal corporation; and (B) Any property belonging to the extinct municipal corporation; and (4) Resolve the outstanding indebtedness of the extinct municipal corporation pursuant to this chapter. (c) (1) The receiver may be removed at any time by the circuit court of the Sixth Judicial District for good cause, including failure to discharge one (1) or more duties imposed by this chapter. (2) Removal may be upon: (A) The circuit court's own motion; or (B) The motion of: (i) A person interested as an inhabitant of the extinct municipal corporation; (ii) A creditor of the extinct municipal corporation; (iii) The county judge of the county in which the extinct municipal corporation was located; or (iv) The Attorney General on behalf of the state. (3) A substitute receiver shall be appointed in the same manner as the initial receiver appointed under this chapter. (4) The office of the receiver shall cease and terminate at the time a final order of dissolution is entered under § 14-62-114 . (d) The receiver may: (1) Employ attorneys, accountants, or other persons to assist in performing the duties of the receiver, to be paid out of the funds collected by the receiver; (2) Sue or be sued; (3) Take possession and control of all property, whether real, personal, mixed, tangible, or intangible, of the extinct municipal corporation; (4) Enforce all contracts of the extinct municipal corporation, subject to the rights of creditors; (5) Receive fees, taxes, and other charges, collect debts, and otherwise enforce all claims of the extinct municipal corporation for money owed; (6) Exercise any other powers conferred in this chapter expressly or by necessary implication; and (7) Take any other action necessary and beneficial to the extinct municipal corporation's former inhabitants, creditors, or other interested persons, upon approval of the circuit court. (e) If the receiver takes possession and control of any property of the extinct municipal corporation, the receiver may manage or operate the property as necessary to collect debts, preserve the property, and generate income, all for the benefit of the inhabitants, creditors, bondholders, or any other interested persons or entities of the extinct municipal corporation. Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.

(a) Within five (5) business days of receipt of the order revoking the charter of a municipal corporation under § 14-62-102 , the Governor shall appoint a qualified officer, to be known as the receiver, for an extinct municipal corporation whose charter has been revoked under this chapter.

(b) A receiver shall: (1) Take the oath required of other collectors of public revenue and give bond with good sureties to be approved by the circuit court of the Sixth Judicial District; (2) Enter upon the duties of the office as soon as appointed and qualified; (3) Take possession of: (A) All books, papers, and documents pertaining to the assessment and collection of taxes of the extinct municipal corporation; and (B) Any property belonging to the extinct municipal corporation; and (4) Resolve the outstanding indebtedness of the extinct municipal corporation pursuant to this chapter.

(1) Take the oath required of other collectors of public revenue and give bond with good sureties to be approved by the circuit court of the Sixth Judicial District;

(2) Enter upon the duties of the office as soon as appointed and qualified;

(3) Take possession of: (A) All books, papers, and documents pertaining to the assessment and collection of taxes of the extinct municipal corporation; and (B) Any property belonging to the extinct municipal corporation; and

(A) All books, papers, and documents pertaining to the assessment and collection of taxes of the extinct municipal corporation; and

(B) Any property belonging to the extinct municipal corporation; and

(4) Resolve the outstanding indebtedness of the extinct municipal corporation pursuant to this chapter.

(c) (1) The receiver may be removed at any time by the circuit court of the Sixth Judicial District for good cause, including failure to discharge one (1) or more duties imposed by this chapter. (2) Removal may be upon: (A) The circuit court's own motion; or (B) The motion of: (i) A person interested as an inhabitant of the extinct municipal corporation; (ii) A creditor of the extinct municipal corporation; (iii) The county judge of the county in which the extinct municipal corporation was located; or (iv) The Attorney General on behalf of the state. (3) A substitute receiver shall be appointed in the same manner as the initial receiver appointed under this chapter. (4) The office of the receiver shall cease and terminate at the time a final order of dissolution is entered under § 14-62-114 .

(1) The receiver may be removed at any time by the circuit court of the Sixth Judicial District for good cause, including failure to discharge one (1) or more duties imposed by this chapter.

(2) Removal may be upon: (A) The circuit court's own motion; or (B) The motion of: (i) A person interested as an inhabitant of the extinct municipal corporation; (ii) A creditor of the extinct municipal corporation; (iii) The county judge of the county in which the extinct municipal corporation was located; or (iv) The Attorney General on behalf of the state.

(A) The circuit court's own motion; or

(B) The motion of: (i) A person interested as an inhabitant of the extinct municipal corporation; (ii) A creditor of the extinct municipal corporation; (iii) The county judge of the county in which the extinct municipal corporation was located; or (iv) The Attorney General on behalf of the state.

(i) A person interested as an inhabitant of the extinct municipal corporation;

(ii) A creditor of the extinct municipal corporation;

(iii) The county judge of the county in which the extinct municipal corporation was located; or

(iv) The Attorney General on behalf of the state.

(3) A substitute receiver shall be appointed in the same manner as the initial receiver appointed under this chapter.

(4) The office of the receiver shall cease and terminate at the time a final order of dissolution is entered under § 14-62-114 .

(d) The receiver may: (1) Employ attorneys, accountants, or other persons to assist in performing the duties of the receiver, to be paid out of the funds collected by the receiver; (2) Sue or be sued; (3) Take possession and control of all property, whether real, personal, mixed, tangible, or intangible, of the extinct municipal corporation; (4) Enforce all contracts of the extinct municipal corporation, subject to the rights of creditors; (5) Receive fees, taxes, and other charges, collect debts, and otherwise enforce all claims of the extinct municipal corporation for money owed; (6) Exercise any other powers conferred in this chapter expressly or by necessary implication; and (7) Take any other action necessary and beneficial to the extinct municipal corporation's former inhabitants, creditors, or other interested persons, upon approval of the circuit court.

(1) Employ attorneys, accountants, or other persons to assist in performing the duties of the receiver, to be paid out of the funds collected by the receiver;

(2) Sue or be sued;

(3) Take possession and control of all property, whether real, personal, mixed, tangible, or intangible, of the extinct municipal corporation;

(4) Enforce all contracts of the extinct municipal corporation, subject to the rights of creditors;

(5) Receive fees, taxes, and other charges, collect debts, and otherwise enforce all claims of the extinct municipal corporation for money owed;

(6) Exercise any other powers conferred in this chapter expressly or by necessary implication; and

(7) Take any other action necessary and beneficial to the extinct municipal corporation's former inhabitants, creditors, or other interested persons, upon approval of the circuit court.

(e) If the receiver takes possession and control of any property of the extinct municipal corporation, the receiver may manage or operate the property as necessary to collect debts, preserve the property, and generate income, all for the benefit of the inhabitants, creditors, bondholders, or any other interested persons or entities of the extinct municipal corporation.

Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 14-230-101 — AR Code / Title 14 / Chapter 230 / Section 14-230-101
Title
Status: in_force

This chapter shall be known as "The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975." Acts 1975, No. 274, § 1; A.S.A. 1947, § 13-2201.

This chapter shall be known as "The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975."

Acts 1975, No. 274, § 1; A.S.A. 1947, § 13-2201.
Ark. Code Ann. § 14-363-305 — AR Code / Title 14 / Chapter 363 / Subchapter 3 / Section 14-363-305
Permits and variances
Status: in_force

(a) Permits for Continuance of Nonconforming Uses. (1) The owner of any structure or object of natural growth existing at the time of the adoption of airport zoning regulations under authority of this subchapter which does not conform to the regulations may be granted a permit authorizing continuance of the nonconforming use upon application made by him to the board, commission, or agency authorized to administer and enforce the regulations. (2) If the application is not made within ninety (90) days of the effective date of the regulations in question, the board, commission, or agency may, by appropriate action, compel the owner of the nonconforming structure or object of natural growth to lower or remove the object to the extent necessary to conform to the regulations. (b) Permits for Change and Repair of Nonconforming Uses. (1) (A) Before any existing nonconforming structure or object of natural growth for which a permit has been issued in accordance with subsection (a) of this section may be altered, repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board, commission, or agency authorized to administer and enforce the regulations authorizing the change or repair. (B) (i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a) of this section. (ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily, by act of God, or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations; instead, in all cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall by appropriate action compel the owner of the nonconforming structure or object of natural growth to lower or remove the object to the extent necessary to conform to the height limit. (2) Except as indicated, all applications for permits for change or repair of nonconforming uses shall be granted. (c) Permits for All Uses. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this subchapter, a system for the granting of permits for all uses and structures within the zoned area may be established. (d) Variances. (1) Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth, in excess of height limits prescribed under authority of this subchapter, must apply to the board, commission, or agency authorized to consider these applications for a variance from the zoning regulations in question. (2) Variances shall be allowed upon a showing of practical difficulty or unnecessary hardship, together with a showing that the structure or object of natural growth in question will not constitute an undue hazard to aircraft operations at the airport. (e) Obstruction Marking and Lighting. In granting any application for any permit or variance in accordance with this section, the board, commission, or agency authorized to do so may, if it deems the action advisable to effectuate the purposes of this subchapter, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to install and maintain obstruction marking or lighting. (f) Exhaustion of Remedies. No person desiring to continue a nonconforming use, to change or repair a nonconforming use, to take any action requiring a variance under subsection (d) of this section, or to take any other action covered by this section shall initiate any action in the courts unless and until he has exhausted the remedies provided by this section. Acts 1955, No. 401, § 3; A.S.A. 1947, § 74-315.

(a) Permits for Continuance of Nonconforming Uses. (1) The owner of any structure or object of natural growth existing at the time of the adoption of airport zoning regulations under authority of this subchapter which does not conform to the regulations may be granted a permit authorizing continuance of the nonconforming use upon application made by him to the board, commission, or agency authorized to administer and enforce the regulations. (2) If the application is not made within ninety (90) days of the effective date of the regulations in question, the board, commission, or agency may, by appropriate action, compel the owner of the nonconforming structure or object of natural growth to lower or remove the object to the extent necessary to conform to the regulations.

(1) The owner of any structure or object of natural growth existing at the time of the adoption of airport zoning regulations under authority of this subchapter which does not conform to the regulations may be granted a permit authorizing continuance of the nonconforming use upon application made by him to the board, commission, or agency authorized to administer and enforce the regulations.

(2) If the application is not made within ninety (90) days of the effective date of the regulations in question, the board, commission, or agency may, by appropriate action, compel the owner of the nonconforming structure or object of natural growth to lower or remove the object to the extent necessary to conform to the regulations.

(b) Permits for Change and Repair of Nonconforming Uses. (1) (A) Before any existing nonconforming structure or object of natural growth for which a permit has been issued in accordance with subsection (a) of this section may be altered, repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board, commission, or agency authorized to administer and enforce the regulations authorizing the change or repair. (B) (i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a) of this section. (ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily, by act of God, or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations; instead, in all cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall by appropriate action compel the owner of the nonconforming structure or object of natural growth to lower or remove the object to the extent necessary to conform to the height limit. (2) Except as indicated, all applications for permits for change or repair of nonconforming uses shall be granted.

(1) (A) Before any existing nonconforming structure or object of natural growth for which a permit has been issued in accordance with subsection (a) of this section may be altered, repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board, commission, or agency authorized to administer and enforce the regulations authorizing the change or repair. (B) (i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a) of this section. (ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily, by act of God, or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations; instead, in all cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall by appropriate action compel the owner of the nonconforming structure or object of natural growth to lower or remove the object to the extent necessary to conform to the height limit.

(A) Before any existing nonconforming structure or object of natural growth for which a permit has been issued in accordance with subsection (a) of this section may be altered, repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board, commission, or agency authorized to administer and enforce the regulations authorizing the change or repair.

(B) (i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a) of this section. (ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily, by act of God, or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations; instead, in all cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall by appropriate action compel the owner of the nonconforming structure or object of natural growth to lower or remove the object to the extent necessary to conform to the height limit.

(i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a) of this section.

(ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily, by act of God, or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations; instead, in all cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall by appropriate action compel the owner of the nonconforming structure or object of natural growth to lower or remove the object to the extent necessary to conform to the height limit.

(2) Except as indicated, all applications for permits for change or repair of nonconforming uses shall be granted.

(c) Permits for All Uses. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this subchapter, a system for the granting of permits for all uses and structures within the zoned area may be established.

(d) Variances. (1) Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth, in excess of height limits prescribed under authority of this subchapter, must apply to the board, commission, or agency authorized to consider these applications for a variance from the zoning regulations in question. (2) Variances shall be allowed upon a showing of practical difficulty or unnecessary hardship, together with a showing that the structure or object of natural growth in question will not constitute an undue hazard to aircraft operations at the airport.

(1) Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth, in excess of height limits prescribed under authority of this subchapter, must apply to the board, commission, or agency authorized to consider these applications for a variance from the zoning regulations in question.

(2) Variances shall be allowed upon a showing of practical difficulty or unnecessary hardship, together with a showing that the structure or object of natural growth in question will not constitute an undue hazard to aircraft operations at the airport.

(e) Obstruction Marking and Lighting. In granting any application for any permit or variance in accordance with this section, the board, commission, or agency authorized to do so may, if it deems the action advisable to effectuate the purposes of this subchapter, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to install and maintain obstruction marking or lighting.

(f) Exhaustion of Remedies. No person desiring to continue a nonconforming use, to change or repair a nonconforming use, to take any action requiring a variance under subsection (d) of this section, or to take any other action covered by this section shall initiate any action in the courts unless and until he has exhausted the remedies provided by this section.

Acts 1955, No. 401, § 3; A.S.A. 1947, § 74-315.
Ark. Code Ann. § 14-86-2006 — AR Code / Title 14 / Chapter 86 / Subchapter 20 / Section 14-86-2006
Payment by county
Status: in_force

In cases where an audit is ordered to be made in any district that has been abolished or in any district which has no funds with which to pay for the audit, the county judge may order such audits to be made at the expense of the county. Acts 1923, No. 605, § 6.

In cases where an audit is ordered to be made in any district that has been abolished or in any district which has no funds with which to pay for the audit, the county judge may order such audits to be made at the expense of the county.

Acts 1923, No. 605, § 6.
Ark. Code Ann. § 14-61-112 — AR Code / Title 14 / Chapter 61 / Section 14-61-112
Selection of directors and mayor
Status: in_force

(a) Unless special provisions for the position of mayor are implemented pursuant to § 14-61-111 , the candidate for mayor, who in any special or general election shall receive a majority of the votes cast in favor of another candidate for the position, shall be deemed to be elected. (b) If special provisions for the election of the mayor are implemented pursuant to § 14-61-111 , then those special provisions will control the election of the mayor, unless those special provisions are amended by ordinance approved by a two-thirds vote of the governing body of the city. (c) (1) The candidate for a designated position on the board of directors of a city affected by this chapter who in a special or general election receives votes greater in number than those cast in favor of another candidate for the position and who receives at least forty percent (40%) of the votes cast, shall be deemed elected. (2) Subdivision (c)(1) of this section may be amended by ordinance approved by a two-thirds vote of the governing body of the city or by the approval of a majority of the qualified electors of the municipality by petition. Amended by Act 2019, No. 978,§ 6, eff. 7/24/2019. Acts 1989, No. 907, § 10; 1993, No. 1294, § 3.

(a) Unless special provisions for the position of mayor are implemented pursuant to § 14-61-111 , the candidate for mayor, who in any special or general election shall receive a majority of the votes cast in favor of another candidate for the position, shall be deemed to be elected.

(b) If special provisions for the election of the mayor are implemented pursuant to § 14-61-111 , then those special provisions will control the election of the mayor, unless those special provisions are amended by ordinance approved by a two-thirds vote of the governing body of the city.

(c) (1) The candidate for a designated position on the board of directors of a city affected by this chapter who in a special or general election receives votes greater in number than those cast in favor of another candidate for the position and who receives at least forty percent (40%) of the votes cast, shall be deemed elected. (2) Subdivision (c)(1) of this section may be amended by ordinance approved by a two-thirds vote of the governing body of the city or by the approval of a majority of the qualified electors of the municipality by petition.

(1) The candidate for a designated position on the board of directors of a city affected by this chapter who in a special or general election receives votes greater in number than those cast in favor of another candidate for the position and who receives at least forty percent (40%) of the votes cast, shall be deemed elected.

(2) Subdivision (c)(1) of this section may be amended by ordinance approved by a two-thirds vote of the governing body of the city or by the approval of a majority of the qualified electors of the municipality by petition.

Amended by Act 2019, No. 978,§ 6, eff. 7/24/2019.

Acts 1989, No. 907, § 10; 1993, No. 1294, § 3.
Ark. Code Ann. § 14-205-102 — AR Code / Title 14 / Chapter 205 / Section 14-205-102
Election on bond issue
Status: in_force

(a) Any municipality, by and with the consent of a majority of the qualified electors of the municipality voting on the question at an election held for the purpose, may issue revenue bonds for the purpose of constructing and operating transmission lines or distribution systems for natural gas. (b) The notice, calling, publication, and conduct of the election shall be governed by the provisions of Arkansas Constitution, Amendment 13 [repealed]. Acts 1949, No. 71, § 1; A.S.A. 1947, § 19-4801.

(a) Any municipality, by and with the consent of a majority of the qualified electors of the municipality voting on the question at an election held for the purpose, may issue revenue bonds for the purpose of constructing and operating transmission lines or distribution systems for natural gas.

(b) The notice, calling, publication, and conduct of the election shall be governed by the provisions of Arkansas Constitution, Amendment 13 [repealed].

Acts 1949, No. 71, § 1; A.S.A. 1947, § 19-4801.
Ark. Code Ann. § 14-116-608 — AR Code / Title 14 / Chapter 116 / Subchapter 6 / Section 14-116-608
Levy of tax - Lien - Appeal from tax assessment
Status: in_force

(a) The court shall, at the same time that the assessment of benefits is filed or at any subsequent time when called upon by the board, enter an order, which shall have the force and effect of a judgment, providing that there shall be levied against the land within the project area a tax sufficient to pay the estimated cost of the improvement, with up to twenty percent (20%) added for unforeseen contingencies. (b) (1) This tax shall be a charge against the land in the proportion to the amount of the assessment of benefits thereon and may be paid in full or in annual installments as provided in § 14-116-607 . (2) The tax so levied shall be a lien upon the land within the improvement project area from the time that the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the tax, with such penalties and costs as may accrue thereon, shall have been paid. (c) (1) The remedy against such levy of taxes shall be by appeal, and this appeal shall be taken within twenty (20) days from the date of the order by the court. (2) On this appeal, the presumption shall be in favor of the legality of the tax. Acts 1995, No. 838, § 7.

(a) The court shall, at the same time that the assessment of benefits is filed or at any subsequent time when called upon by the board, enter an order, which shall have the force and effect of a judgment, providing that there shall be levied against the land within the project area a tax sufficient to pay the estimated cost of the improvement, with up to twenty percent (20%) added for unforeseen contingencies.

(b) (1) This tax shall be a charge against the land in the proportion to the amount of the assessment of benefits thereon and may be paid in full or in annual installments as provided in § 14-116-607 . (2) The tax so levied shall be a lien upon the land within the improvement project area from the time that the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the tax, with such penalties and costs as may accrue thereon, shall have been paid.

(1) This tax shall be a charge against the land in the proportion to the amount of the assessment of benefits thereon and may be paid in full or in annual installments as provided in § 14-116-607 .

(2) The tax so levied shall be a lien upon the land within the improvement project area from the time that the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the tax, with such penalties and costs as may accrue thereon, shall have been paid.

(c) (1) The remedy against such levy of taxes shall be by appeal, and this appeal shall be taken within twenty (20) days from the date of the order by the court. (2) On this appeal, the presumption shall be in favor of the legality of the tax.

(1) The remedy against such levy of taxes shall be by appeal, and this appeal shall be taken within twenty (20) days from the date of the order by the court.

(2) On this appeal, the presumption shall be in favor of the legality of the tax.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-360-101 — AR Code / Title 14 / Chapter 360 / Subchapter 1 / Section 14-360-101
Municipal airports authorized
Status: in_force

Cities of the first and second class and incorporated towns in the State of Arkansas may acquire and own airports or flying fields, which may be located either within or without the corporate limits of the cities or towns. Acts 1929, No. 135, § 1; Pope's Dig., § 10037; Acts 1945, No. 18, § 1; A.S.A. 1947, § 74-201.

Cities of the first and second class and incorporated towns in the State of Arkansas may acquire and own airports or flying fields, which may be located either within or without the corporate limits of the cities or towns.

Acts 1929, No. 135, § 1; Pope's Dig., § 10037; Acts 1945, No. 18, § 1; A.S.A. 1947, § 74-201.
Ark. Code Ann. § 14-51-211 — AR Code / Title 14 / Chapter 51 / Subchapter 2 / Section 14-51-211
Vacancy on board
Status: in_force

(a) When a vacancy shall occur on the board by death, resignation, or expiration of the term of office, or in any other manner, the vacancy shall be filled by the city council or governing body of the city. (b) In the event a vacancy occurs during the term of office of any commissioner, except as caused by the normal expiration of his or her term, his or her successor shall fill the unexpired term caused by the vacancy, and at the normal expiration of the term, the council shall fill the vacancy by the appointment of a commissioner for a period of six (6) years. Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1.

(a) When a vacancy shall occur on the board by death, resignation, or expiration of the term of office, or in any other manner, the vacancy shall be filled by the city council or governing body of the city.

(b) In the event a vacancy occurs during the term of office of any commissioner, except as caused by the normal expiration of his or her term, his or her successor shall fill the unexpired term caused by the vacancy, and at the normal expiration of the term, the council shall fill the vacancy by the appointment of a commissioner for a period of six (6) years.

Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1.
Ark. Code Ann. § 14-56-402 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-402
Authority generally
Status: in_force

Cities of the first and second class and incorporated towns shall have the power to adopt and enforce plans for the coordinated, adjusted, and harmonious development of the municipality and its environs. Acts 1957, No. 186, § 1; 1963, No. 36, § 1; A.S.A. 1947, § 19-2825.

Cities of the first and second class and incorporated towns shall have the power to adopt and enforce plans for the coordinated, adjusted, and harmonious development of the municipality and its environs.

Acts 1957, No. 186, § 1; 1963, No. 36, § 1; A.S.A. 1947, § 19-2825.
Ark. Code Ann. § 14-90-203 — AR Code / Title 14 / Chapter 90 / Subchapter 2 / Section 14-90-203
Compensation
Status: in_force

(a) The members of a municipal improvement board of assessment shall receive such compensation as the board of improvement shall determine. (b) The compensation shall be paid out of the funds collected by taxation of the local improvements or out of the proceeds of the money borrowed or bonds issued by the improvement district, as determined by the board of improvement. Acts 1899, No. 183, § 9, p. 323; C. & M. Dig., § 5663; Pope's Dig., § 7298; Acts 1969, No. 290, § 4; A.S.A. 1947, § 20-408.

(a) The members of a municipal improvement board of assessment shall receive such compensation as the board of improvement shall determine.

(b) The compensation shall be paid out of the funds collected by taxation of the local improvements or out of the proceeds of the money borrowed or bonds issued by the improvement district, as determined by the board of improvement.

Acts 1899, No. 183, § 9, p. 323; C. & M. Dig., § 5663; Pope's Dig., § 7298; Acts 1969, No. 290, § 4; A.S.A. 1947, § 20-408.
Ark. Code Ann. § 14-300-204 — AR Code / Title 14 / Chapter 300 / Subchapter 2 / Section 14-300-204
[Repealed]
Status: repealed

Repealed by Act 2013, No. 326,§ 3, eff. 8/16/2013. Acts 1875, No. 126, § 4, p. 258; C. & M. Dig., § 828; Pope's Dig., § 965; A.S.A. 1947, § 76-1512.

Repealed by Act 2013, No. 326,§ 3, eff. 8/16/2013.

Acts 1875, No. 126, § 4, p. 258; C. & M. Dig., § 828; Pope's Dig., § 965; A.S.A. 1947, § 76-1512.
Ark. Code Ann. § 14-14-112 — AR Code / Title 14 / Chapter 14 / Subchapter 1 / Section 14-14-112
Bulk copying of public records
Status: in_force

(a) In the absence of an existing agreement or county ordinance, a county official may negotiate with a commercial, nonpress entity that requests public records in bulk regarding a reasonable fee for mass duplication, copying, or bulk electronic access of public records. (b) A negotiated agreement authorized by this section is not to the exclusion of any right to a public record a person has under this subchapter or § 25-19-109 . (c) As used in this section, "existing agreement" means a contract, custom, practice, or dealings that were in use as of January 1, 2011. (d) (1) A county that receives a request for bulk public records by a commercial, nonpress entity shall provide nonencrypted, bulk public records in the format requested, as long as the requested format exists in the software. (2) (A) If the county contracts with a third-party electronic record provider, the electronic record provider shall enable the county to extract the public records in a common file format that does not disclose the proprietary software code of the third-party electronic record provider and does not impair the accessibility and usability of the data. (B) As used in subdivision (d)(2)(A) of this section, "common file format" includes without limitation the American Standard Code for Information Interchange and, for large databases, comma-separated values. (3) (A) Electronic public records provided under this subsection shall not include redacted data. (B) This subsection does not apply to audio or video file formats. Amended by Act 2021, No. 1075,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 1075,§ 3, eff. 7/28/2021. Acts 2011, No. 870, § 1.

(a) In the absence of an existing agreement or county ordinance, a county official may negotiate with a commercial, nonpress entity that requests public records in bulk regarding a reasonable fee for mass duplication, copying, or bulk electronic access of public records.

(b) A negotiated agreement authorized by this section is not to the exclusion of any right to a public record a person has under this subchapter or § 25-19-109 .

(c) As used in this section, "existing agreement" means a contract, custom, practice, or dealings that were in use as of January 1, 2011.

(d) (1) A county that receives a request for bulk public records by a commercial, nonpress entity shall provide nonencrypted, bulk public records in the format requested, as long as the requested format exists in the software. (2) (A) If the county contracts with a third-party electronic record provider, the electronic record provider shall enable the county to extract the public records in a common file format that does not disclose the proprietary software code of the third-party electronic record provider and does not impair the accessibility and usability of the data. (B) As used in subdivision (d)(2)(A) of this section, "common file format" includes without limitation the American Standard Code for Information Interchange and, for large databases, comma-separated values. (3) (A) Electronic public records provided under this subsection shall not include redacted data. (B) This subsection does not apply to audio or video file formats.

(1) A county that receives a request for bulk public records by a commercial, nonpress entity shall provide nonencrypted, bulk public records in the format requested, as long as the requested format exists in the software.

(2) (A) If the county contracts with a third-party electronic record provider, the electronic record provider shall enable the county to extract the public records in a common file format that does not disclose the proprietary software code of the third-party electronic record provider and does not impair the accessibility and usability of the data. (B) As used in subdivision (d)(2)(A) of this section, "common file format" includes without limitation the American Standard Code for Information Interchange and, for large databases, comma-separated values.

(A) If the county contracts with a third-party electronic record provider, the electronic record provider shall enable the county to extract the public records in a common file format that does not disclose the proprietary software code of the third-party electronic record provider and does not impair the accessibility and usability of the data.

(B) As used in subdivision (d)(2)(A) of this section, "common file format" includes without limitation the American Standard Code for Information Interchange and, for large databases, comma-separated values.

(3) (A) Electronic public records provided under this subsection shall not include redacted data. (B) This subsection does not apply to audio or video file formats.

(A) Electronic public records provided under this subsection shall not include redacted data.

(B) This subsection does not apply to audio or video file formats.

Amended by Act 2021, No. 1075,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 1075,§ 3, eff. 7/28/2021.

Acts 2011, No. 870, § 1.
Ark. Code Ann. § 14-237-112 — AR Code / Title 14 / Chapter 237 / Section 14-237-112
Maintenance and destruction of accounting records
Status: in_force

(a) Accounting records can basically be divided into three (3) groups: (1) (A) SUPPORT DOCUMENTS. Support documents consist primarily of the following items: (i) Canceled checks; (ii) Invoices; (iii) Bank statements; (iv) Receipts; (v) Deposit slips; (vi) Bank reconciliations; (vii) Check book register or listing; (viii) Receipts listing; (ix) Monthly financial reports; (x) Payroll records; (xi) Budget documents; and (xii) Bids, quotes, and related documentation. (B) These records shall be maintained for a period of at least four (4) years and shall not be disposed of before any required audit for the period in question; (2) (A) SEMIPERMANENT RECORDS. Semipermanent records consist of: (i) Fixed-asset records and equipment detail records; (ii) Investment and certificate of deposit records; (iii) Journals, ledgers, or subsidiary ledgers; and (iv) Annual financial reports. (B) (i) These records shall be maintained by the water and sewer department for a period of not less than seven (7) years and shall not be disposed of before any required audit for the period in question. (ii) For investment and certificate of deposit records, the seven (7) years of required maintenance will begin on the date of maturity; (3) (A) PERMANENT RECORDS. Permanent records consist of: (i) Minutes; (ii) Employee retirement documents; and (iii) Annual financial audits. (B) These records shall be maintained permanently. (b) When documents are destroyed, the department shall document the destruction by the following procedure: (1) An affidavit is to be prepared stating which documents are being destroyed and to which period of time they apply, indicating the method of destruction. This affidavit is to be signed by the department's employee performing the destruction and one (1) member of the governing body; (2) In addition, the approval of the governing body for destruction of the documents shall be obtained and an appropriate note of the approval indicated in the governing body's minutes along with the destruction affidavit. Governing body approval shall be obtained before the destruction. Acts 1973, No. 148, § 12; 1979, No. 616, § 1; A.S.A. 1947, § 19-5212; Acts 2011, No. 620, § 10.

(a) Accounting records can basically be divided into three (3) groups: (1) (A) SUPPORT DOCUMENTS. Support documents consist primarily of the following items: (i) Canceled checks; (ii) Invoices; (iii) Bank statements; (iv) Receipts; (v) Deposit slips; (vi) Bank reconciliations; (vii) Check book register or listing; (viii) Receipts listing; (ix) Monthly financial reports; (x) Payroll records; (xi) Budget documents; and (xii) Bids, quotes, and related documentation. (B) These records shall be maintained for a period of at least four (4) years and shall not be disposed of before any required audit for the period in question; (2) (A) SEMIPERMANENT RECORDS. Semipermanent records consist of: (i) Fixed-asset records and equipment detail records; (ii) Investment and certificate of deposit records; (iii) Journals, ledgers, or subsidiary ledgers; and (iv) Annual financial reports. (B) (i) These records shall be maintained by the water and sewer department for a period of not less than seven (7) years and shall not be disposed of before any required audit for the period in question. (ii) For investment and certificate of deposit records, the seven (7) years of required maintenance will begin on the date of maturity; (3) (A) PERMANENT RECORDS. Permanent records consist of: (i) Minutes; (ii) Employee retirement documents; and (iii) Annual financial audits. (B) These records shall be maintained permanently.

(1) (A) SUPPORT DOCUMENTS. Support documents consist primarily of the following items: (i) Canceled checks; (ii) Invoices; (iii) Bank statements; (iv) Receipts; (v) Deposit slips; (vi) Bank reconciliations; (vii) Check book register or listing; (viii) Receipts listing; (ix) Monthly financial reports; (x) Payroll records; (xi) Budget documents; and (xii) Bids, quotes, and related documentation. (B) These records shall be maintained for a period of at least four (4) years and shall not be disposed of before any required audit for the period in question;

(A) SUPPORT DOCUMENTS. Support documents consist primarily of the following items: (i) Canceled checks; (ii) Invoices; (iii) Bank statements; (iv) Receipts; (v) Deposit slips; (vi) Bank reconciliations; (vii) Check book register or listing; (viii) Receipts listing; (ix) Monthly financial reports; (x) Payroll records; (xi) Budget documents; and (xii) Bids, quotes, and related documentation.

(i) Canceled checks;

(ii) Invoices;

(iii) Bank statements;

(iv) Receipts;

(v) Deposit slips;

(vi) Bank reconciliations;

(vii) Check book register or listing;

(viii) Receipts listing;

(ix) Monthly financial reports;

(x) Payroll records;

(xi) Budget documents; and

(xii) Bids, quotes, and related documentation.

(B) These records shall be maintained for a period of at least four (4) years and shall not be disposed of before any required audit for the period in question;

(2) (A) SEMIPERMANENT RECORDS. Semipermanent records consist of: (i) Fixed-asset records and equipment detail records; (ii) Investment and certificate of deposit records; (iii) Journals, ledgers, or subsidiary ledgers; and (iv) Annual financial reports. (B) (i) These records shall be maintained by the water and sewer department for a period of not less than seven (7) years and shall not be disposed of before any required audit for the period in question. (ii) For investment and certificate of deposit records, the seven (7) years of required maintenance will begin on the date of maturity;

(A) SEMIPERMANENT RECORDS. Semipermanent records consist of: (i) Fixed-asset records and equipment detail records; (ii) Investment and certificate of deposit records; (iii) Journals, ledgers, or subsidiary ledgers; and (iv) Annual financial reports.

(i) Fixed-asset records and equipment detail records;

(ii) Investment and certificate of deposit records;

(iii) Journals, ledgers, or subsidiary ledgers; and

(iv) Annual financial reports.

(B) (i) These records shall be maintained by the water and sewer department for a period of not less than seven (7) years and shall not be disposed of before any required audit for the period in question. (ii) For investment and certificate of deposit records, the seven (7) years of required maintenance will begin on the date of maturity;

(i) These records shall be maintained by the water and sewer department for a period of not less than seven (7) years and shall not be disposed of before any required audit for the period in question.

(ii) For investment and certificate of deposit records, the seven (7) years of required maintenance will begin on the date of maturity;

(3) (A) PERMANENT RECORDS. Permanent records consist of: (i) Minutes; (ii) Employee retirement documents; and (iii) Annual financial audits. (B) These records shall be maintained permanently.

(A) PERMANENT RECORDS. Permanent records consist of: (i) Minutes; (ii) Employee retirement documents; and (iii) Annual financial audits.

(i) Minutes;

(ii) Employee retirement documents; and

(iii) Annual financial audits.

(B) These records shall be maintained permanently.

(b) When documents are destroyed, the department shall document the destruction by the following procedure: (1) An affidavit is to be prepared stating which documents are being destroyed and to which period of time they apply, indicating the method of destruction. This affidavit is to be signed by the department's employee performing the destruction and one (1) member of the governing body; (2) In addition, the approval of the governing body for destruction of the documents shall be obtained and an appropriate note of the approval indicated in the governing body's minutes along with the destruction affidavit. Governing body approval shall be obtained before the destruction.

(1) An affidavit is to be prepared stating which documents are being destroyed and to which period of time they apply, indicating the method of destruction. This affidavit is to be signed by the department's employee performing the destruction and one (1) member of the governing body;

(2) In addition, the approval of the governing body for destruction of the documents shall be obtained and an appropriate note of the approval indicated in the governing body's minutes along with the destruction affidavit. Governing body approval shall be obtained before the destruction.

Acts 1973, No. 148, § 12; 1979, No. 616, § 1; A.S.A. 1947, § 19-5212; Acts 2011, No. 620, § 10.
Ark. Code Ann. § 14-300-206 — AR Code / Title 14 / Chapter 300 / Subchapter 2 / Section 14-300-206
[Repealed]
Status: repealed

Repealed by Act 2013, No. 326,§ 5, eff. 8/16/2013. Acts 1875, No. 126, § 6, p. 258; C. & M. Dig., § 830; Pope's Dig., § 967; A.S.A. 1947, § 76-1514.

Repealed by Act 2013, No. 326,§ 5, eff. 8/16/2013.

Acts 1875, No. 126, § 6, p. 258; C. & M. Dig., § 830; Pope's Dig., § 967; A.S.A. 1947, § 76-1514.
Ark. Code Ann. § 14-237-101 — AR Code / Title 14 / Chapter 237 / Section 14-237-101
Title
Status: in_force

This chapter shall be known and cited as the "Arkansas Municipal Water and Sewer Department Accounting Law". Acts 1973, No. 148, § 1; A.S.A. 1947, § 19-5201; Acts 2011, No. 620, § 1.

This chapter shall be known and cited as the "Arkansas Municipal Water and Sewer Department Accounting Law".

Acts 1973, No. 148, § 1; A.S.A. 1947, § 19-5201; Acts 2011, No. 620, § 1.
Ark. Code Ann. § 14-14-911 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-911
Veto of ordinances or amendments
Status: in_force

(a) Authority to Veto. The county judge of each county shall preside over the county quorum court with the power of veto. (b) Limitations of Veto. The power of veto shall be limited to the total text of an ordinance or amendment to an existing ordinance, and this veto power shall not be construed to permit the veto of any single part, section, or line item of any ordinance or amendment. The power of veto shall not apply to measures enacted through the provisions of initiative and referendum. (c) Time Limitations for Veto. The veto of any ordinance of a general or permanent nature must be exercised within seven (7) calendar days after passage by a quorum court. (d) Procedure and Authentication of Veto. The veto of any ordinance or amendment of a general or permanent nature shall be authenticated by the county judge and shall be demonstrated by the filing of a written statement of the reasons of veto with the county clerk. (e) Notification of Veto. Upon filing of the written notification of veto by the county judge, the county clerk shall immediately provide written notification to each member of the quorum court and provide each member with a copy of the veto statement filed by the judge. (f) Suspension of Force. No ordinance vetoed shall have any force or validity unless, at the next regular meeting after the filing of the veto statement, the quorum court shall exercise its power to override a veto pursuant to Arkansas Constitution, Amendment 55, § 4. Acts 1977, No. 742, § 91; A.S.A. 1947, § 17-4008.

(a) Authority to Veto. The county judge of each county shall preside over the county quorum court with the power of veto.

(b) Limitations of Veto. The power of veto shall be limited to the total text of an ordinance or amendment to an existing ordinance, and this veto power shall not be construed to permit the veto of any single part, section, or line item of any ordinance or amendment. The power of veto shall not apply to measures enacted through the provisions of initiative and referendum.

(c) Time Limitations for Veto. The veto of any ordinance of a general or permanent nature must be exercised within seven (7) calendar days after passage by a quorum court.

(d) Procedure and Authentication of Veto. The veto of any ordinance or amendment of a general or permanent nature shall be authenticated by the county judge and shall be demonstrated by the filing of a written statement of the reasons of veto with the county clerk.

(e) Notification of Veto. Upon filing of the written notification of veto by the county judge, the county clerk shall immediately provide written notification to each member of the quorum court and provide each member with a copy of the veto statement filed by the judge.

(f) Suspension of Force. No ordinance vetoed shall have any force or validity unless, at the next regular meeting after the filing of the veto statement, the quorum court shall exercise its power to override a veto pursuant to Arkansas Constitution, Amendment 55, § 4.

Acts 1977, No. 742, § 91; A.S.A. 1947, § 17-4008.