Ark. Code Ann. § 14-88-503 — AR Code / Title 14 / Chapter 88 / Subchapter 5 / Section 14-88-503
Annexation of territory to district
Status: in_force

(a) (1) When persons claiming to be a majority in value of the owners of real property in any territory contiguous to any improvement district organized in any city or town desire that the territory shall be annexed to the district, they may present their petition in writing to the city or town council, describing the territory to be annexed and the character of the improvement desired. (2) Thereupon, the city or town council shall direct the clerk or recorder to publish for two (2) weeks, in some newspaper issued and having a general circulation in the county where the city or town is situated, a notice calling upon the property owners to appear before the council on a day named and show cause for or against the annexation. (b) (1) On the day named in the notice, the council shall hear all persons who desire to be heard on the question whether a majority in value of the owners of real property in the territory sought to be annexed have signed the petition. (2) Its findings shall have all the force and effect of a judgment and shall be conclusive unless, within thirty (30) days thereafter, suit is brought in the chancery court to review it. (c) The finding of the council shall be expressed in an ordinance in case it is in favor of the petitioners, and in that event, the territory sought to be annexed shall become a part of the district, and the improvements petitioned for shall be made by the commissioners on the board of improvement. (d) The commissioners shall make the assessment for the improvement on the territory annexed under the provision of this section on the same basis as if the territory was included in the original district. (e) If petitioned for, the improvement in the territory annexed may be of different material or of a different method of construction from that in the original district. Acts 1919, No. 280, § 1; C. & M. Dig., § 5733; Pope's Dig., § 7389; A.S.A. 1947, § 20-134.

(a) (1) When persons claiming to be a majority in value of the owners of real property in any territory contiguous to any improvement district organized in any city or town desire that the territory shall be annexed to the district, they may present their petition in writing to the city or town council, describing the territory to be annexed and the character of the improvement desired. (2) Thereupon, the city or town council shall direct the clerk or recorder to publish for two (2) weeks, in some newspaper issued and having a general circulation in the county where the city or town is situated, a notice calling upon the property owners to appear before the council on a day named and show cause for or against the annexation.

(1) When persons claiming to be a majority in value of the owners of real property in any territory contiguous to any improvement district organized in any city or town desire that the territory shall be annexed to the district, they may present their petition in writing to the city or town council, describing the territory to be annexed and the character of the improvement desired.

(2) Thereupon, the city or town council shall direct the clerk or recorder to publish for two (2) weeks, in some newspaper issued and having a general circulation in the county where the city or town is situated, a notice calling upon the property owners to appear before the council on a day named and show cause for or against the annexation.

(b) (1) On the day named in the notice, the council shall hear all persons who desire to be heard on the question whether a majority in value of the owners of real property in the territory sought to be annexed have signed the petition. (2) Its findings shall have all the force and effect of a judgment and shall be conclusive unless, within thirty (30) days thereafter, suit is brought in the chancery court to review it.

(1) On the day named in the notice, the council shall hear all persons who desire to be heard on the question whether a majority in value of the owners of real property in the territory sought to be annexed have signed the petition.

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

(c) The finding of the council shall be expressed in an ordinance in case it is in favor of the petitioners, and in that event, the territory sought to be annexed shall become a part of the district, and the improvements petitioned for shall be made by the commissioners on the board of improvement.

(d) The commissioners shall make the assessment for the improvement on the territory annexed under the provision of this section on the same basis as if the territory was included in the original district.

(e) If petitioned for, the improvement in the territory annexed may be of different material or of a different method of construction from that in the original district.

Acts 1919, No. 280, § 1; C. & M. Dig., § 5733; Pope's Dig., § 7389; A.S.A. 1947, § 20-134.
Ark. Code Ann. § 14-62-110 — AR Code / Title 14 / Chapter 62 / Section 14-62-110
Retirement pension funds - Exemption from chapter - Control transferred to Arkansas Local Police and Fire Retirement System
Status: repealed

(a) Moneys due and owing the Arkansas Local Police and Fire Retirement System under § 24-10-101 et seq. or due and owing a local firemen's relief and pension fund or a local policemen's pension and relief fund under § 24-11-101 et seq. are not subject to the proceedings under this chapter and are transferred to the control of the system. (b) (1) (A) A local firemen's relief and pension fund or a local policemen's pension and relief fund created under § 24-11-101 et seq. that is not subject to the administration of the system at the time of the order entered under § 14-62-102 is consolidated with the system. (B) (i) (a) The actuary under contract to the system shall compute the retirement reserve for vested and active members and for eligible beneficiaries of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) After receiving the report of the actuary, the receiver shall transfer the computed reserve to the system to be held in an account designated as the retirement reserve for a local firemen's relief and pension fund or a local policemen's pension and relief fund and from which the system shall pay eligible beneficiaries. (ii) If the retirement reserve of a local firemen's relief and pension fund or a local policemen's pension and relief fund is inadequate to pay full benefits to eligible recipients, the receiver may reduce benefits based on such actuarially computed amounts as are necessary to pay eligible recipients, without impairing contracts and to the extent allowed under law. (iii) (a) The receiver shall continue to collect such millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law for the support of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) When a final order of dissolution is entered under § 14-62-114 , the millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law shall be paid to the system. (2) (A) Pledged or dedicated taxes levied by the extinct municipal corporation at the time of the order under § 14-62-102 for a local firemen's relief and pension fund or a local policemen's pension and relief fund shall continue to be collected until the indebtedness is satisfied. (B) When a final order of dissolution is entered under § 14-62-114 , pledged or dedicated taxes collected under subdivision (b)(2)(A) of this section shall continue to be collected and remitted to the system until the indebtedness is satisfied. (c) (1) The system shall refund all member contributions made to the system or fund applicable to the extinct municipal corporation to a member who has not yet vested in the system or in a local firemen's relief and pension fund or a local policemen's pension and relief fund at the time of the order entered under § 14-62-102 . (2) Service credit earned with the extinct municipal corporation by a nonvested member under the system is cancelled, and any member contributions relating only to the extinct municipal corporation shall be refunded to the nonvested member. Amended by Act 2019, No. 383,§ 13, eff. 7/24/2019. Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.

(a) Moneys due and owing the Arkansas Local Police and Fire Retirement System under § 24-10-101 et seq. or due and owing a local firemen's relief and pension fund or a local policemen's pension and relief fund under § 24-11-101 et seq. are not subject to the proceedings under this chapter and are transferred to the control of the system.

(b) (1) (A) A local firemen's relief and pension fund or a local policemen's pension and relief fund created under § 24-11-101 et seq. that is not subject to the administration of the system at the time of the order entered under § 14-62-102 is consolidated with the system. (B) (i) (a) The actuary under contract to the system shall compute the retirement reserve for vested and active members and for eligible beneficiaries of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) After receiving the report of the actuary, the receiver shall transfer the computed reserve to the system to be held in an account designated as the retirement reserve for a local firemen's relief and pension fund or a local policemen's pension and relief fund and from which the system shall pay eligible beneficiaries. (ii) If the retirement reserve of a local firemen's relief and pension fund or a local policemen's pension and relief fund is inadequate to pay full benefits to eligible recipients, the receiver may reduce benefits based on such actuarially computed amounts as are necessary to pay eligible recipients, without impairing contracts and to the extent allowed under law. (iii) (a) The receiver shall continue to collect such millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law for the support of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) When a final order of dissolution is entered under § 14-62-114 , the millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law shall be paid to the system. (2) (A) Pledged or dedicated taxes levied by the extinct municipal corporation at the time of the order under § 14-62-102 for a local firemen's relief and pension fund or a local policemen's pension and relief fund shall continue to be collected until the indebtedness is satisfied. (B) When a final order of dissolution is entered under § 14-62-114 , pledged or dedicated taxes collected under subdivision (b)(2)(A) of this section shall continue to be collected and remitted to the system until the indebtedness is satisfied.

(1) (A) A local firemen's relief and pension fund or a local policemen's pension and relief fund created under § 24-11-101 et seq. that is not subject to the administration of the system at the time of the order entered under § 14-62-102 is consolidated with the system. (B) (i) (a) The actuary under contract to the system shall compute the retirement reserve for vested and active members and for eligible beneficiaries of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) After receiving the report of the actuary, the receiver shall transfer the computed reserve to the system to be held in an account designated as the retirement reserve for a local firemen's relief and pension fund or a local policemen's pension and relief fund and from which the system shall pay eligible beneficiaries. (ii) If the retirement reserve of a local firemen's relief and pension fund or a local policemen's pension and relief fund is inadequate to pay full benefits to eligible recipients, the receiver may reduce benefits based on such actuarially computed amounts as are necessary to pay eligible recipients, without impairing contracts and to the extent allowed under law. (iii) (a) The receiver shall continue to collect such millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law for the support of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) When a final order of dissolution is entered under § 14-62-114 , the millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law shall be paid to the system.

(A) A local firemen's relief and pension fund or a local policemen's pension and relief fund created under § 24-11-101 et seq. that is not subject to the administration of the system at the time of the order entered under § 14-62-102 is consolidated with the system.

(B) (i) (a) The actuary under contract to the system shall compute the retirement reserve for vested and active members and for eligible beneficiaries of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) After receiving the report of the actuary, the receiver shall transfer the computed reserve to the system to be held in an account designated as the retirement reserve for a local firemen's relief and pension fund or a local policemen's pension and relief fund and from which the system shall pay eligible beneficiaries. (ii) If the retirement reserve of a local firemen's relief and pension fund or a local policemen's pension and relief fund is inadequate to pay full benefits to eligible recipients, the receiver may reduce benefits based on such actuarially computed amounts as are necessary to pay eligible recipients, without impairing contracts and to the extent allowed under law. (iii) (a) The receiver shall continue to collect such millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law for the support of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) When a final order of dissolution is entered under § 14-62-114 , the millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law shall be paid to the system.

(i) (a) The actuary under contract to the system shall compute the retirement reserve for vested and active members and for eligible beneficiaries of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) After receiving the report of the actuary, the receiver shall transfer the computed reserve to the system to be held in an account designated as the retirement reserve for a local firemen's relief and pension fund or a local policemen's pension and relief fund and from which the system shall pay eligible beneficiaries.

(a) The actuary under contract to the system shall compute the retirement reserve for vested and active members and for eligible beneficiaries of a local firemen's relief and pension fund or a local policemen's pension and relief fund.

(b) After receiving the report of the actuary, the receiver shall transfer the computed reserve to the system to be held in an account designated as the retirement reserve for a local firemen's relief and pension fund or a local policemen's pension and relief fund and from which the system shall pay eligible beneficiaries.

(ii) If the retirement reserve of a local firemen's relief and pension fund or a local policemen's pension and relief fund is inadequate to pay full benefits to eligible recipients, the receiver may reduce benefits based on such actuarially computed amounts as are necessary to pay eligible recipients, without impairing contracts and to the extent allowed under law.

(iii) (a) The receiver shall continue to collect such millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law for the support of a local firemen's relief and pension fund or a local policemen's pension and relief fund. (b) When a final order of dissolution is entered under § 14-62-114 , the millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law shall be paid to the system.

(a) The receiver shall continue to collect such millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law for the support of a local firemen's relief and pension fund or a local policemen's pension and relief fund.

(b) When a final order of dissolution is entered under § 14-62-114 , the millages, fines, fees, state insurance tax turnbacks, and other revenues as allowed by law shall be paid to the system.

(2) (A) Pledged or dedicated taxes levied by the extinct municipal corporation at the time of the order under § 14-62-102 for a local firemen's relief and pension fund or a local policemen's pension and relief fund shall continue to be collected until the indebtedness is satisfied. (B) When a final order of dissolution is entered under § 14-62-114 , pledged or dedicated taxes collected under subdivision (b)(2)(A) of this section shall continue to be collected and remitted to the system until the indebtedness is satisfied.

(A) Pledged or dedicated taxes levied by the extinct municipal corporation at the time of the order under § 14-62-102 for a local firemen's relief and pension fund or a local policemen's pension and relief fund shall continue to be collected until the indebtedness is satisfied.

(B) When a final order of dissolution is entered under § 14-62-114 , pledged or dedicated taxes collected under subdivision (b)(2)(A) of this section shall continue to be collected and remitted to the system until the indebtedness is satisfied.

(c) (1) The system shall refund all member contributions made to the system or fund applicable to the extinct municipal corporation to a member who has not yet vested in the system or in a local firemen's relief and pension fund or a local policemen's pension and relief fund at the time of the order entered under § 14-62-102 . (2) Service credit earned with the extinct municipal corporation by a nonvested member under the system is cancelled, and any member contributions relating only to the extinct municipal corporation shall be refunded to the nonvested member.

(1) The system shall refund all member contributions made to the system or fund applicable to the extinct municipal corporation to a member who has not yet vested in the system or in a local firemen's relief and pension fund or a local policemen's pension and relief fund at the time of the order entered under § 14-62-102 .

(2) Service credit earned with the extinct municipal corporation by a nonvested member under the system is cancelled, and any member contributions relating only to the extinct municipal corporation shall be refunded to the nonvested member.

Amended by Act 2019, No. 383,§ 13, eff. 7/24/2019.

Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 14-40-1210 — AR Code / Title 14 / Chapter 40 / Subchapter 12 / Section 14-40-1210
Payment of existing debts
Status: in_force

(a) (1) The debts of each municipality owing prior to or at the time of the consolidation shall be paid by the consolidated municipality by appropriating the revenues derived from year to year from the territory and the inhabitants of what was formerly the larger municipality to the payment of the debts of the larger municipality owing before the consolidation. (2) In like manner, the debts of the smaller municipality owing prior to and at the time of the consolidation shall be paid by appropriating the revenues derived from what was formerly the smaller municipality in such manner as to do the least injustice to the inhabitants of each former municipality in the way of a decrease in the improving or bettering of the territory as it formerly existed. (b) In appropriating the revenues of either municipality to pay its own debts existing prior to the consolidation, neither the territory nor inhabitants of what was formerly the larger or smaller municipality shall be discriminated against in the distribution of police protection, board of health service, fire protection, public lighting, or other like public service. Acts 1913, No. 318, § 4; C. & M. Dig., § 7477; Pope's Dig., § 9510; A.S.A. 1947, § 19-316.

(a) (1) The debts of each municipality owing prior to or at the time of the consolidation shall be paid by the consolidated municipality by appropriating the revenues derived from year to year from the territory and the inhabitants of what was formerly the larger municipality to the payment of the debts of the larger municipality owing before the consolidation. (2) In like manner, the debts of the smaller municipality owing prior to and at the time of the consolidation shall be paid by appropriating the revenues derived from what was formerly the smaller municipality in such manner as to do the least injustice to the inhabitants of each former municipality in the way of a decrease in the improving or bettering of the territory as it formerly existed.

(1) The debts of each municipality owing prior to or at the time of the consolidation shall be paid by the consolidated municipality by appropriating the revenues derived from year to year from the territory and the inhabitants of what was formerly the larger municipality to the payment of the debts of the larger municipality owing before the consolidation.

(2) In like manner, the debts of the smaller municipality owing prior to and at the time of the consolidation shall be paid by appropriating the revenues derived from what was formerly the smaller municipality in such manner as to do the least injustice to the inhabitants of each former municipality in the way of a decrease in the improving or bettering of the territory as it formerly existed.

(b) In appropriating the revenues of either municipality to pay its own debts existing prior to the consolidation, neither the territory nor inhabitants of what was formerly the larger or smaller municipality shall be discriminated against in the distribution of police protection, board of health service, fire protection, public lighting, or other like public service.

Acts 1913, No. 318, § 4; C. & M. Dig., § 7477; Pope's Dig., § 9510; A.S.A. 1947, § 19-316.
Ark. Code Ann. § 14-120-507 — AR Code / Title 14 / Chapter 120 / Subchapter 5 / Section 14-120-507
Reduction of penalty for delinquency
Status: in_force

In all drainage districts organized by special act of the General Assembly in which the penalty is now twenty-five percent (25%) for failure to pay drainage district taxes within the time designated by the act, the commissioners of any drainage or levee district, at their discretion, may reduce all or any part of the penalty as low as ten percent (10%). Acts 1941, No. 332, § 1; A.S.A. 1947, § 21-816.

In all drainage districts organized by special act of the General Assembly in which the penalty is now twenty-five percent (25%) for failure to pay drainage district taxes within the time designated by the act, the commissioners of any drainage or levee district, at their discretion, may reduce all or any part of the penalty as low as ten percent (10%).

Acts 1941, No. 332, § 1; A.S.A. 1947, § 21-816.
Ark. Code Ann. § 14-202-101 — AR Code / Title 14 / Chapter 202 / Section 14-202-101
Title
Status: in_force

This chapter may be referred to and cited as the "Joint Municipal Electric Power Generation Act." Acts 1979, No. 5, § 1; A.S.A. 1947, § 19-5601.

This chapter may be referred to and cited as the "Joint Municipal Electric Power Generation Act."

Acts 1979, No. 5, § 1; A.S.A. 1947, § 19-5601.
Ark. Code Ann. § 14-234-508 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-508
Bond issue - Sufficiency - Negotiability - Sale - Fiscal agent
Status: in_force

(a) Bonds provided for in this subchapter shall be issued in whatever amounts may be necessary to provide sufficient funds to pay the total costs of acquisition or construction of the several waterworks systems to be provided for the several municipalities joining in the undertaking. The total costs shall include engineering, legal, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion of all of the waterworks systems. (b) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments. (c) Bonds shall be executed as provided in this subchapter and be sealed with the corporate seals of the municipalities. In the event any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before delivery of the bonds, the signatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until delivery. (d) Bonds authorized under the provisions of this subchapter may be sold at not less than ninety cents (90¢) on the dollar and the proceeds derived therefrom shall be used exclusively for the purposes for which the bonds are issued. The bonds may be sold at one time or in parcels as funds are needed and may be sold at private sale or at public sale upon whatever notice and in whatever manner the municipalities may determine in their respective ordinances. (e) In the issuance and sale of the bonds, the municipalities may employ a fiscal agent and shall pay for its services reasonable compensation, except that no fiscal agent may purchase, directly or indirectly, any bonds of the municipalities while it serves them in the capacity of fiscal agent. Acts 1955, No. 414, § 6; A.S.A. 1947, § 19-4244.

(a) Bonds provided for in this subchapter shall be issued in whatever amounts may be necessary to provide sufficient funds to pay the total costs of acquisition or construction of the several waterworks systems to be provided for the several municipalities joining in the undertaking. The total costs shall include engineering, legal, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion of all of the waterworks systems.

(b) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments.

(c) Bonds shall be executed as provided in this subchapter and be sealed with the corporate seals of the municipalities. In the event any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before delivery of the bonds, the signatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until delivery.

(d) Bonds authorized under the provisions of this subchapter may be sold at not less than ninety cents (90¢) on the dollar and the proceeds derived therefrom shall be used exclusively for the purposes for which the bonds are issued. The bonds may be sold at one time or in parcels as funds are needed and may be sold at private sale or at public sale upon whatever notice and in whatever manner the municipalities may determine in their respective ordinances.

(e) In the issuance and sale of the bonds, the municipalities may employ a fiscal agent and shall pay for its services reasonable compensation, except that no fiscal agent may purchase, directly or indirectly, any bonds of the municipalities while it serves them in the capacity of fiscal agent.

Acts 1955, No. 414, § 6; A.S.A. 1947, § 19-4244.
Ark. Code Ann. § 14-60-105 — AR Code / Title 14 / Chapter 60 / Section 14-60-105
Municipalities over 70,000
Status: in_force

Municipalities with populations over seventy thousand (70,000) citizens are specifically authorized to provide workers' compensation coverage for their officials and employees through either private carriers or by self-funding on either a statewide or an individual basis. Acts 1986 (2nd Ex. Sess.), No. 22, § 1; A.S.A. 1947, § 81-1368; Acts 1999, No. 1179, § 13.

Municipalities with populations over seventy thousand (70,000) citizens are specifically authorized to provide workers' compensation coverage for their officials and employees through either private carriers or by self-funding on either a statewide or an individual basis.

Acts 1986 (2nd Ex. Sess.), No. 22, § 1; A.S.A. 1947, § 81-1368; Acts 1999, No. 1179, § 13.
Ark. Code Ann. § 14-90-601 — AR Code / Title 14 / Chapter 90 / Subchapter 6 / Section 14-90-601
Correction of erroneous descriptions or omitted lands
Status: in_force

(a) (1) The assessors of municipal improvement districts or their successors in office, or a majority of them, may file with the recorder or city clerk their certificate correcting erroneous descriptions of the lots, blocks, and parcels of land and railroad tracks and rights-of-way or describing them where the description was in the original assessment defective or wholly or partly omitted. (2) In the case of omitted lands and lots, they shall in these cases make an assessment of benefits thereon. (b) Thereupon, the city clerk or recorder shall publish in some newspaper published in the city or town, if there is one, and if not, then in some newspaper published in the county and having a bona fide circulation in the city or town, a notice in substantially the following form: Click here to view form. (c) (1) (A) Within ten (10) days after the publication of the notice, the district or any property owner may apply to the city or town council to review the assessment so made and corrected. (B) The district, or any property owner, may apply within thirty (30) days to the chancery court of the county to have the amended assessment reviewed and corrected. (2) If no application is made to the council within ten (10) days or to the court within thirty (30) days, the assessment shall become final and incontestable, subject only to annual revision so provided by law. (3) On appeal to the council, the hearing shall be as prescribed in § 14-90-501 . (d) When the certificate correcting the assessment is filed, the city or town clerk or recorder shall make the corrections upon the assessment roll on file in red ink. Acts 1899, No. 183, § 2, p. 323; 1901, No. 143, § 3, p. 264; 1907, No. 167, § 2, p. 402; 1907, No. 406, § 1, p. 1023; C. & M. Dig., § 5659; Acts 1929, No. 64, § 8; Pope's Dig., § 7297; A.S.A. 1947, § 20-409.

(a) (1) The assessors of municipal improvement districts or their successors in office, or a majority of them, may file with the recorder or city clerk their certificate correcting erroneous descriptions of the lots, blocks, and parcels of land and railroad tracks and rights-of-way or describing them where the description was in the original assessment defective or wholly or partly omitted. (2) In the case of omitted lands and lots, they shall in these cases make an assessment of benefits thereon.

(1) The assessors of municipal improvement districts or their successors in office, or a majority of them, may file with the recorder or city clerk their certificate correcting erroneous descriptions of the lots, blocks, and parcels of land and railroad tracks and rights-of-way or describing them where the description was in the original assessment defective or wholly or partly omitted.

(2) In the case of omitted lands and lots, they shall in these cases make an assessment of benefits thereon.

(b) Thereupon, the city clerk or recorder shall publish in some newspaper published in the city or town, if there is one, and if not, then in some newspaper published in the county and having a bona fide circulation in the city or town, a notice in substantially the following form: Click here to view form.

Click here to view form.

(c) (1) (A) Within ten (10) days after the publication of the notice, the district or any property owner may apply to the city or town council to review the assessment so made and corrected. (B) The district, or any property owner, may apply within thirty (30) days to the chancery court of the county to have the amended assessment reviewed and corrected. (2) If no application is made to the council within ten (10) days or to the court within thirty (30) days, the assessment shall become final and incontestable, subject only to annual revision so provided by law. (3) On appeal to the council, the hearing shall be as prescribed in § 14-90-501 .

(1) (A) Within ten (10) days after the publication of the notice, the district or any property owner may apply to the city or town council to review the assessment so made and corrected. (B) The district, or any property owner, may apply within thirty (30) days to the chancery court of the county to have the amended assessment reviewed and corrected.

(A) Within ten (10) days after the publication of the notice, the district or any property owner may apply to the city or town council to review the assessment so made and corrected.

(B) The district, or any property owner, may apply within thirty (30) days to the chancery court of the county to have the amended assessment reviewed and corrected.

(2) If no application is made to the council within ten (10) days or to the court within thirty (30) days, the assessment shall become final and incontestable, subject only to annual revision so provided by law.

(3) On appeal to the council, the hearing shall be as prescribed in § 14-90-501 .

(d) When the certificate correcting the assessment is filed, the city or town clerk or recorder shall make the corrections upon the assessment roll on file in red ink.

Acts 1899, No. 183, § 2, p. 323; 1901, No. 143, § 3, p. 264; 1907, No. 167, § 2, p. 402; 1907, No. 406, § 1, p. 1023; C. & M. Dig., § 5659; Acts 1929, No. 64, § 8; Pope's Dig., § 7297; A.S.A. 1947, § 20-409.

90_601_1 - Attachment
Ark. Code Ann. § 14-42-120 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-120
Monthly, bimonthly, biweekly, weekly, and hourly salaries for municipal employees
Status: in_force

(a) (1) (A) Except for those municipalities that operate principally on a scholastic year, or on a part-time basis, or where salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly or the governing body of the municipality shall be considered to be a maximum amount to be paid for a twelve-month payroll period. (B) A greater amount than that established for the maximum annual salary of any municipal official or employee shall not be paid to the employee during any twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of the annual salary be paid to an employee during a calendar month unless otherwise authorized. (2) The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth ( 1 / 26 ) or one-fifty-second ( 1 / 52 ) of the maximum annual salary. (3) For complying with federal requirements, upon approval of the clerk-recorder or treasurer of the municipality, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law. (b) The remuneration paid to an employee of the municipality may exceed the maximum annual salary as authorized by the General Assembly or governing body of the municipality as follows, and the following shall not be construed as payment for services or as salary as contemplated by Arkansas Constitution, Article 16, § 4: (1) Overtime payments as authorized by law; (2) Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law; (3) Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law; (4) Payment for the biweekly twenty-seven (27) pay periods; and (5) Payments for incentive, certificate, holiday, or working out of classification. Added by Act 2013, No. 572,§ 2, eff. 8/16/2013.

(a) (1) (A) Except for those municipalities that operate principally on a scholastic year, or on a part-time basis, or where salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly or the governing body of the municipality shall be considered to be a maximum amount to be paid for a twelve-month payroll period. (B) A greater amount than that established for the maximum annual salary of any municipal official or employee shall not be paid to the employee during any twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of the annual salary be paid to an employee during a calendar month unless otherwise authorized. (2) The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth ( 1 / 26 ) or one-fifty-second ( 1 / 52 ) of the maximum annual salary. (3) For complying with federal requirements, upon approval of the clerk-recorder or treasurer of the municipality, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law.

(1) (A) Except for those municipalities that operate principally on a scholastic year, or on a part-time basis, or where salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly or the governing body of the municipality shall be considered to be a maximum amount to be paid for a twelve-month payroll period. (B) A greater amount than that established for the maximum annual salary of any municipal official or employee shall not be paid to the employee during any twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of the annual salary be paid to an employee during a calendar month unless otherwise authorized.

(A) Except for those municipalities that operate principally on a scholastic year, or on a part-time basis, or where salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly or the governing body of the municipality shall be considered to be a maximum amount to be paid for a twelve-month payroll period.

(B) A greater amount than that established for the maximum annual salary of any municipal official or employee shall not be paid to the employee during any twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of the annual salary be paid to an employee during a calendar month unless otherwise authorized.

(2) The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth ( 1 / 26 ) or one-fifty-second ( 1 / 52 ) of the maximum annual salary.

(3) For complying with federal requirements, upon approval of the clerk-recorder or treasurer of the municipality, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law.

(b) The remuneration paid to an employee of the municipality may exceed the maximum annual salary as authorized by the General Assembly or governing body of the municipality as follows, and the following shall not be construed as payment for services or as salary as contemplated by Arkansas Constitution, Article 16, § 4: (1) Overtime payments as authorized by law; (2) Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law; (3) Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law; (4) Payment for the biweekly twenty-seven (27) pay periods; and (5) Payments for incentive, certificate, holiday, or working out of classification.

(1) Overtime payments as authorized by law;

(2) Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law;

(3) Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law;

(4) Payment for the biweekly twenty-seven (27) pay periods; and

(5) Payments for incentive, certificate, holiday, or working out of classification.

Added by Act 2013, No. 572,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 14-118-112 — AR Code / Title 14 / Chapter 118 / Subchapter 1 / Section 14-118-112
Board authority to borrow money and issue bonds
Status: in_force

The acquisitions of rights-of-way, payment of damages, construction of bridges, maintenance, or any other payment or contribution required of the local interests by the plan of the district may be hastened by the borrowing of money by the board at a rate of interest not exceeding six percent (6%) per annum. The board may issue its negotiable bonds or its negotiable evidences of debt signed by such officers as the members of the board may, by resolution, designate, and the board may pledge all assessments of benefits for the repayment thereof. Acts 1949, No. 328, § 8; A.S.A. 1947, § 21-1008.

The acquisitions of rights-of-way, payment of damages, construction of bridges, maintenance, or any other payment or contribution required of the local interests by the plan of the district may be hastened by the borrowing of money by the board at a rate of interest not exceeding six percent (6%) per annum. The board may issue its negotiable bonds or its negotiable evidences of debt signed by such officers as the members of the board may, by resolution, designate, and the board may pledge all assessments of benefits for the repayment thereof.

Acts 1949, No. 328, § 8; A.S.A. 1947, § 21-1008.
Ark. Code Ann. § 14-237-108 — AR Code / Title 14 / Chapter 237 / Section 14-237-108
Fixed asset records
Status: in_force

(a) (1) Each water and sewer department's governing body shall adopt a policy defining fixed assets. (2) At a minimum, the policy shall set forth the dollar amount and useful life necessary to qualify as a fixed asset. (b) (1) Each department shall establish by major category and maintain, as a minimum, a listing of all fixed assets owned by the department. (2) The listing shall be totaled by category with a total for all categories. (3) The categories of fixed assets shall include the major types, such as: (A) Land; (B) Buildings; (C) Motor vehicles; (D) Equipment; and (E) Other. (c) For each fixed asset, the listing shall contain, as a minimum: (1) Property item number if used by the department; (2) Brief description; (3) Serial number, if available; (4) Date of acquisition; and (5) Cost of property. Acts 1973, No. 148, § 7; A.S.A. 1947, § 19-5207; Acts 2011, No. 620, § 6.

(a) (1) Each water and sewer department's governing body shall adopt a policy defining fixed assets. (2) At a minimum, the policy shall set forth the dollar amount and useful life necessary to qualify as a fixed asset.

(1) Each water and sewer department's governing body shall adopt a policy defining fixed assets.

(2) At a minimum, the policy shall set forth the dollar amount and useful life necessary to qualify as a fixed asset.

(b) (1) Each department shall establish by major category and maintain, as a minimum, a listing of all fixed assets owned by the department. (2) The listing shall be totaled by category with a total for all categories. (3) The categories of fixed assets shall include the major types, such as: (A) Land; (B) Buildings; (C) Motor vehicles; (D) Equipment; and (E) Other.

(1) Each department shall establish by major category and maintain, as a minimum, a listing of all fixed assets owned by the department.

(2) The listing shall be totaled by category with a total for all categories.

(3) The categories of fixed assets shall include the major types, such as: (A) Land; (B) Buildings; (C) Motor vehicles; (D) Equipment; and (E) Other.

(A) Land;

(B) Buildings;

(C) Motor vehicles;

(D) Equipment; and

(E) Other.

(c) For each fixed asset, the listing shall contain, as a minimum: (1) Property item number if used by the department; (2) Brief description; (3) Serial number, if available; (4) Date of acquisition; and (5) Cost of property.

(1) Property item number if used by the department;

(2) Brief description;

(3) Serial number, if available;

(4) Date of acquisition; and

(5) Cost of property.

Acts 1973, No. 148, § 7; A.S.A. 1947, § 19-5207; Acts 2011, No. 620, § 6.
Ark. Code Ann. § 14-251-107 — AR Code / Title 14 / Chapter 251 / Section 14-251-107
Lease of property for recreational purposes
Status: in_force

(a) The operating authority may lease portions of its property for recreational purposes upon such terms as it deems advisable and may permit the lessee to construct upon the leased premises such recreational and merchandising facilities as the operating authority thinks proper. (b) Public notice of intention to lease the premises shall be published at least one (1) time and at least two (2) weeks before the bid date in a newspaper of general circulation in the county where the municipality is situated. (c) The operating authority may reject all bids or may accept the bid which it believes most advantageous, bearing in mind the experience and financial resources of the bidder. Acts 1959, No. 204, § 6; A.S.A. 1947, § 19-4235.

(a) The operating authority may lease portions of its property for recreational purposes upon such terms as it deems advisable and may permit the lessee to construct upon the leased premises such recreational and merchandising facilities as the operating authority thinks proper.

(b) Public notice of intention to lease the premises shall be published at least one (1) time and at least two (2) weeks before the bid date in a newspaper of general circulation in the county where the municipality is situated.

(c) The operating authority may reject all bids or may accept the bid which it believes most advantageous, bearing in mind the experience and financial resources of the bidder.

Acts 1959, No. 204, § 6; A.S.A. 1947, § 19-4235.
Ark. Code Ann. § 14-125-602 — AR Code / Title 14 / Chapter 125 / Subchapter 6 / Section 14-125-602
Court approval of plan generally
Status: in_force

(a) Upon its adoption of a proposed improvement plan for an improvement project area, a copy of the plan shall be submitted to appropriate federal and state agencies for comment and the board of directors shall file the plan with the clerk of the chancery court of the county in which the district is located, with a petition that the court approve such plan for the project area therein described. (b) (1) The court shall enter an order appointing an engineer to be selected by the board, subject to approval by the court, who shall give bond in a sum not less than one thousand dollars ($1,000), to be fixed by the court, for the faithful discharge of his duties. (2) The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed improvements. He shall file with the clerk of the court a report showing the territory which will be benefited by the proposed improvements, giving a general idea of the character and expense thereof, and making such suggestions as to the proposed improvements and their location as he may deem advisable. (3) The territory need not consist of contiguous parcels of land. (c) (1) The chancery clerk shall, upon the filing of the report, give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county calling upon all persons owning property within the proposed project area, which shall be described in the notice, to appear at a hearing before the court on some day to be fixed by the court, to show cause in favor of or against the proposed improvement plan for the project area. (2) If the court deems it to be in the best interests of the owners of land within the project area that the plan for the area shall be approved, it shall enter an order approving such plan and establishing the project area described therein. (3) Any owner of land within the territory of such project area may petition the court at the hearing to exclude his property. (4) If the court finds that the land would not be benefited by the proposed plan, the court, in its order, shall exclude the land of the petitioner or petitioners from the project area. (5) All such improvement plans for project areas shall be appropriately identified by a number or a name selected by the court. Acts 1937, No. 197, § 16, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-919.

(a) Upon its adoption of a proposed improvement plan for an improvement project area, a copy of the plan shall be submitted to appropriate federal and state agencies for comment and the board of directors shall file the plan with the clerk of the chancery court of the county in which the district is located, with a petition that the court approve such plan for the project area therein described.

(b) (1) The court shall enter an order appointing an engineer to be selected by the board, subject to approval by the court, who shall give bond in a sum not less than one thousand dollars ($1,000), to be fixed by the court, for the faithful discharge of his duties. (2) The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed improvements. He shall file with the clerk of the court a report showing the territory which will be benefited by the proposed improvements, giving a general idea of the character and expense thereof, and making such suggestions as to the proposed improvements and their location as he may deem advisable. (3) The territory need not consist of contiguous parcels of land.

(1) The court shall enter an order appointing an engineer to be selected by the board, subject to approval by the court, who shall give bond in a sum not less than one thousand dollars ($1,000), to be fixed by the court, for the faithful discharge of his duties.

(2) The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed improvements. He shall file with the clerk of the court a report showing the territory which will be benefited by the proposed improvements, giving a general idea of the character and expense thereof, and making such suggestions as to the proposed improvements and their location as he may deem advisable.

(3) The territory need not consist of contiguous parcels of land.

(c) (1) The chancery clerk shall, upon the filing of the report, give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county calling upon all persons owning property within the proposed project area, which shall be described in the notice, to appear at a hearing before the court on some day to be fixed by the court, to show cause in favor of or against the proposed improvement plan for the project area. (2) If the court deems it to be in the best interests of the owners of land within the project area that the plan for the area shall be approved, it shall enter an order approving such plan and establishing the project area described therein. (3) Any owner of land within the territory of such project area may petition the court at the hearing to exclude his property. (4) If the court finds that the land would not be benefited by the proposed plan, the court, in its order, shall exclude the land of the petitioner or petitioners from the project area. (5) All such improvement plans for project areas shall be appropriately identified by a number or a name selected by the court.

(1) The chancery clerk shall, upon the filing of the report, give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county calling upon all persons owning property within the proposed project area, which shall be described in the notice, to appear at a hearing before the court on some day to be fixed by the court, to show cause in favor of or against the proposed improvement plan for the project area.

(2) If the court deems it to be in the best interests of the owners of land within the project area that the plan for the area shall be approved, it shall enter an order approving such plan and establishing the project area described therein.

(3) Any owner of land within the territory of such project area may petition the court at the hearing to exclude his property.

(4) If the court finds that the land would not be benefited by the proposed plan, the court, in its order, shall exclude the land of the petitioner or petitioners from the project area.

(5) All such improvement plans for project areas shall be appropriately identified by a number or a name selected by the court.

Acts 1937, No. 197, § 16, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-919.
Ark. Code Ann. § 14-42-111 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-111
[Repealed]
Status: repealed

Repealed by Act 2013, No. 753,§ 4, eff. 8/16/2013. Acts 1883, No. 120, § 1, p. 297; C. & M. Dig., § 7673; Pope's Dig., § 9795; A.S.A. 1947, § 19-910.

Repealed by Act 2013, No. 753,§ 4, eff. 8/16/2013.

Acts 1883, No. 120, § 1, p. 297; C. & M. Dig., § 7673; Pope's Dig., § 9795; A.S.A. 1947, § 19-910.
Ark. Code Ann. § 14-44-106 — AR Code / Title 14 / Chapter 44 / Section 14-44-106
Vacancy in office
Status: in_force

If a vacancy occurs in the office of mayor, marshal, recorder, treasurer, or recorder-treasurer in any city of the second class, at the first regular meeting after the occurrence of the vacancy the city council shall proceed to elect a person to fill the vacancy either by a majority vote of the council members or by a call for a special election to be held in accordance with § 7-11-101 et seq. Amended by Act 2021, No. 339,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 879,§ 27, eff. 8/1/2017. Acts 1959, No. 54, § 1; 1967, No. 427, § 1; A.S.A. 1947, § 19-1110; Acts 1997, No. 645, § 4; 2005, No. 2145, § 30; 2007, No. 1049, § 49; 2009, No. 1480, § 67.

If a vacancy occurs in the office of mayor, marshal, recorder, treasurer, or recorder-treasurer in any city of the second class, at the first regular meeting after the occurrence of the vacancy the city council shall proceed to elect a person to fill the vacancy either by a majority vote of the council members or by a call for a special election to be held in accordance with § 7-11-101 et seq.

Amended by Act 2021, No. 339,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 879,§ 27, eff. 8/1/2017.

Acts 1959, No. 54, § 1; 1967, No. 427, § 1; A.S.A. 1947, § 19-1110; Acts 1997, No. 645, § 4; 2005, No. 2145, § 30; 2007, No. 1049, § 49; 2009, No. 1480, § 67.
Ark. Code Ann. § 14-89-501 — AR Code / Title 14 / Chapter 89 / Subchapter 5 / Section 14-89-501
Road tax - Payment to certain improvement districts
Status: in_force

(a) In counties which have two (2) levying courts, in which there is an incorporated town or city of the second class that has formed any municipal improvement district for the purpose of improving any of its streets or alleys, the amount of the three-mill road tax collected by the county on property situated within the district shall be paid by the tax collector for the county directly to the collector for the district, to be expended as funds of the district. (b) This section shall not apply in any manner to cities of the first class. Acts 1939, No. 90, § 1; A.S.A. 1947, § 20-216.

(a) In counties which have two (2) levying courts, in which there is an incorporated town or city of the second class that has formed any municipal improvement district for the purpose of improving any of its streets or alleys, the amount of the three-mill road tax collected by the county on property situated within the district shall be paid by the tax collector for the county directly to the collector for the district, to be expended as funds of the district.

(b) This section shall not apply in any manner to cities of the first class.

Acts 1939, No. 90, § 1; A.S.A. 1947, § 20-216.
Ark. Code Ann. § 14-362-127 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-127
Sale of assets
Status: in_force

(a) In the event the board shall so determine, any authority may sell all or any part of its properties and assets and distribute the proceeds among the participating municipalities, counties, and the state in the proportion each unit contributed to the authority's funds or otherwise in the manner set forth in the agreement establishing the authority, provided no authority in which the state is a participant shall sell all or substantially all of its properties or assets without the consent of the Governor. (b) No sale of properties or assets and no distribution of proceeds of such sale shall be done in a manner which violates United States law or the terms of any deed, grant agreement, or other agreement with the United States. Acts 1968 (1st Ex. Sess.), No. 17, § 18; A.S.A. 1947, § 74-233; Acts 1992 (1st Ex. Sess.), No. 56, § 11; 1992 (1st Ex. Sess.), No. 63, § 11.

(a) In the event the board shall so determine, any authority may sell all or any part of its properties and assets and distribute the proceeds among the participating municipalities, counties, and the state in the proportion each unit contributed to the authority's funds or otherwise in the manner set forth in the agreement establishing the authority, provided no authority in which the state is a participant shall sell all or substantially all of its properties or assets without the consent of the Governor.

(b) No sale of properties or assets and no distribution of proceeds of such sale shall be done in a manner which violates United States law or the terms of any deed, grant agreement, or other agreement with the United States.

Acts 1968 (1st Ex. Sess.), No. 17, § 18; A.S.A. 1947, § 74-233; Acts 1992 (1st Ex. Sess.), No. 56, § 11; 1992 (1st Ex. Sess.), No. 63, § 11.
Ark. Code Ann. § 14-1-105 — AR Code / Title 14 / Chapter 1 / Subchapter 1 / Section 14-1-105
Discrimination on basis of energy source of utility service prohibited - Definitions
Status: in_force

(a) A local government shall not enact or adopt any ordinance, policy, or action that infringes, prohibits, or otherwise impairs the right of a customer to purchase, use, connect, or reconnect to a utility service, or to install in a building or other structure wires, pipes, or other conduits for the purpose of purchasing, using, connecting, or reconnecting to a utility service, on the basis of the energy source of the utility service to be delivered to the customer. (b) As used in this section: (1) "Customer" means an individual or entity that purchases a utility service; (2) "Energy source" means the method of generation or fuel source that is used to provide or supply a utility service to a customer, including without limitation a nonrenewable or renewable energy resource; (3) "Local government" means: (A) A county; (B) A city of the first class, a city of the second class, or an incorporated town; or (C) Any other district or political subdivision of the state or an agency, board, or commission of such a district or political subdivision; and (4) (A) "Utility service" means a service: (i) Provided by a utility regulated by the Arkansas Public Service Commission under § 23-4-201 ; and (ii) That is related to: (a) The generation, production, transmission, or distribution of electricity: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use; or (b) The production, manufacture, storage, distribution, sale, or furnishing of natural, renewable, or manufactured gas or a mixture of gases: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use. (B) "Utility service" includes services provided by a Liquefied Petroleum Gas Board-permitted propane gas provider: (i) To or for the public; (ii) For compensation; and (iii) For lighting, heat, power, cooking, or any similar use. Added by Act 2021, No. 308,§ 1, eff. 7/28/2021.

(a) A local government shall not enact or adopt any ordinance, policy, or action that infringes, prohibits, or otherwise impairs the right of a customer to purchase, use, connect, or reconnect to a utility service, or to install in a building or other structure wires, pipes, or other conduits for the purpose of purchasing, using, connecting, or reconnecting to a utility service, on the basis of the energy source of the utility service to be delivered to the customer.

(b) As used in this section: (1) "Customer" means an individual or entity that purchases a utility service; (2) "Energy source" means the method of generation or fuel source that is used to provide or supply a utility service to a customer, including without limitation a nonrenewable or renewable energy resource; (3) "Local government" means: (A) A county; (B) A city of the first class, a city of the second class, or an incorporated town; or (C) Any other district or political subdivision of the state or an agency, board, or commission of such a district or political subdivision; and (4) (A) "Utility service" means a service: (i) Provided by a utility regulated by the Arkansas Public Service Commission under § 23-4-201 ; and (ii) That is related to: (a) The generation, production, transmission, or distribution of electricity: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use; or (b) The production, manufacture, storage, distribution, sale, or furnishing of natural, renewable, or manufactured gas or a mixture of gases: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use. (B) "Utility service" includes services provided by a Liquefied Petroleum Gas Board-permitted propane gas provider: (i) To or for the public; (ii) For compensation; and (iii) For lighting, heat, power, cooking, or any similar use.

(1) "Customer" means an individual or entity that purchases a utility service;

(2) "Energy source" means the method of generation or fuel source that is used to provide or supply a utility service to a customer, including without limitation a nonrenewable or renewable energy resource;

(3) "Local government" means: (A) A county; (B) A city of the first class, a city of the second class, or an incorporated town; or (C) Any other district or political subdivision of the state or an agency, board, or commission of such a district or political subdivision; and

(A) A county;

(B) A city of the first class, a city of the second class, or an incorporated town; or

(C) Any other district or political subdivision of the state or an agency, board, or commission of such a district or political subdivision; and

(4) (A) "Utility service" means a service: (i) Provided by a utility regulated by the Arkansas Public Service Commission under § 23-4-201 ; and (ii) That is related to: (a) The generation, production, transmission, or distribution of electricity: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use; or (b) The production, manufacture, storage, distribution, sale, or furnishing of natural, renewable, or manufactured gas or a mixture of gases: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use. (B) "Utility service" includes services provided by a Liquefied Petroleum Gas Board-permitted propane gas provider: (i) To or for the public; (ii) For compensation; and (iii) For lighting, heat, power, cooking, or any similar use.

(A) "Utility service" means a service: (i) Provided by a utility regulated by the Arkansas Public Service Commission under § 23-4-201 ; and (ii) That is related to: (a) The generation, production, transmission, or distribution of electricity: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use; or (b) The production, manufacture, storage, distribution, sale, or furnishing of natural, renewable, or manufactured gas or a mixture of gases: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use.

(i) Provided by a utility regulated by the Arkansas Public Service Commission under § 23-4-201 ; and

(ii) That is related to: (a) The generation, production, transmission, or distribution of electricity: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use; or (b) The production, manufacture, storage, distribution, sale, or furnishing of natural, renewable, or manufactured gas or a mixture of gases: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use.

(a) The generation, production, transmission, or distribution of electricity: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use; or

(1) To or for the public;

(2) For compensation; and

(3) For lighting, heat, power, cooking, or any similar use; or

(b) The production, manufacture, storage, distribution, sale, or furnishing of natural, renewable, or manufactured gas or a mixture of gases: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use.

(1) To or for the public;

(2) For compensation; and

(3) For lighting, heat, power, cooking, or any similar use.

(B) "Utility service" includes services provided by a Liquefied Petroleum Gas Board-permitted propane gas provider: (i) To or for the public; (ii) For compensation; and (iii) For lighting, heat, power, cooking, or any similar use.

(i) To or for the public;

(ii) For compensation; and

(iii) For lighting, heat, power, cooking, or any similar use.

Added by Act 2021, No. 308,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-362-124 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-124
Accounts and reports
Status: in_force

(a) (1) All funds received by an authority shall be deposited in such banks as the authority may direct and shall be withdrawn therefrom in such manner as the authority may direct. (2) (A) Each authority shall keep strict account of all of its receipts and expenditures and each quarter shall make a report to the counties and municipalities which have made contributions. (B) (i) The report shall contain an itemized account of its receipts and disbursements during the preceding quarter. (ii) The report shall be made within sixty (60) days after the termination of the quarter. (b) (1) (A) Within one hundred fifty (150) days after the end of each fiscal year, each authority shall cause an annual audit to be made by an independent certified public accountant and shall file a copy of the resulting audit report with each of the governing bodies participating in the authority. (B) This audit shall contain an itemized statement of its receipts and disbursements for the preceding year. (2) The books, records, and accounts of each authority shall be subject to audit and examination by any proper public official or body in the manner provided by law. (c) The agreement provided for in § 14-362-103 may also provide for each authority to furnish the participating governing bodies copies of its annual budget for examination and approval. Acts 1968 (1st Ex. Sess.), No. 17, § 16; A.S.A. 1947, § 74-231; Acts 1999, No. 1349, § 3; 2001, No. 772, § 2.

(a) (1) All funds received by an authority shall be deposited in such banks as the authority may direct and shall be withdrawn therefrom in such manner as the authority may direct. (2) (A) Each authority shall keep strict account of all of its receipts and expenditures and each quarter shall make a report to the counties and municipalities which have made contributions. (B) (i) The report shall contain an itemized account of its receipts and disbursements during the preceding quarter. (ii) The report shall be made within sixty (60) days after the termination of the quarter.

(1) All funds received by an authority shall be deposited in such banks as the authority may direct and shall be withdrawn therefrom in such manner as the authority may direct.

(2) (A) Each authority shall keep strict account of all of its receipts and expenditures and each quarter shall make a report to the counties and municipalities which have made contributions. (B) (i) The report shall contain an itemized account of its receipts and disbursements during the preceding quarter. (ii) The report shall be made within sixty (60) days after the termination of the quarter.

(A) Each authority shall keep strict account of all of its receipts and expenditures and each quarter shall make a report to the counties and municipalities which have made contributions.

(B) (i) The report shall contain an itemized account of its receipts and disbursements during the preceding quarter. (ii) The report shall be made within sixty (60) days after the termination of the quarter.

(i) The report shall contain an itemized account of its receipts and disbursements during the preceding quarter.

(ii) The report shall be made within sixty (60) days after the termination of the quarter.

(b) (1) (A) Within one hundred fifty (150) days after the end of each fiscal year, each authority shall cause an annual audit to be made by an independent certified public accountant and shall file a copy of the resulting audit report with each of the governing bodies participating in the authority. (B) This audit shall contain an itemized statement of its receipts and disbursements for the preceding year. (2) The books, records, and accounts of each authority shall be subject to audit and examination by any proper public official or body in the manner provided by law.

(1) (A) Within one hundred fifty (150) days after the end of each fiscal year, each authority shall cause an annual audit to be made by an independent certified public accountant and shall file a copy of the resulting audit report with each of the governing bodies participating in the authority. (B) This audit shall contain an itemized statement of its receipts and disbursements for the preceding year.

(A) Within one hundred fifty (150) days after the end of each fiscal year, each authority shall cause an annual audit to be made by an independent certified public accountant and shall file a copy of the resulting audit report with each of the governing bodies participating in the authority.

(B) This audit shall contain an itemized statement of its receipts and disbursements for the preceding year.

(2) The books, records, and accounts of each authority shall be subject to audit and examination by any proper public official or body in the manner provided by law.

(c) The agreement provided for in § 14-362-103 may also provide for each authority to furnish the participating governing bodies copies of its annual budget for examination and approval.

Acts 1968 (1st Ex. Sess.), No. 17, § 16; A.S.A. 1947, § 74-231; Acts 1999, No. 1349, § 3; 2001, No. 772, § 2.
Ark. Code Ann. § 14-123-605 — AR Code / Title 14 / Chapter 123 / Subchapter 6 / Section 14-123-605
Valid indebtedness unimpaired
Status: in_force

The dissolution of a district under the terms of this subchapter shall not impair or deny any creditor of the district the right to the collection of its bona fide and valid indebtedness existing against the district, but the creditors of the district shall be subject to this subchapter in connection with the presentation, allowance, or other adjudication with reference to their claim. Added by Act 2021, No. 266,§ 1, eff. 7/28/2021.

The dissolution of a district under the terms of this subchapter shall not impair or deny any creditor of the district the right to the collection of its bona fide and valid indebtedness existing against the district, but the creditors of the district shall be subject to this subchapter in connection with the presentation, allowance, or other adjudication with reference to their claim.

Added by Act 2021, No. 266,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-201-305 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-305
Form of ballots - Manner of voting
Status: in_force

(a) The county board of election commissioners shall provide ballots to be used at the election upon which shall be printed the following words: "FOR THE CREATION OF A BOARD OF PUBLIC UTILITIES." "AGAINST THE CREATION OF A BOARD OF PUBLIC UTILITIES." (b) There shall also be printed upon the ballots the necessary words and figures to show the date of the election and the city or town wherein the election is to be held, and no other words or figures shall be printed thereon. (c) Persons desiring to vote for the creation of a board of public utilities shall strike out the words "Against the Creation of a Board of Public Utilities" and those desiring to vote against the creation of a board of public utilities shall strike out the words "For the Creation of a Board of Public Utilities." Acts 1939, No. 95, § 7; A.S.A. 1947, § 19-4007.

(a) The county board of election commissioners shall provide ballots to be used at the election upon which shall be printed the following words: "FOR THE CREATION OF A BOARD OF PUBLIC UTILITIES." "AGAINST THE CREATION OF A BOARD OF PUBLIC UTILITIES."

"FOR THE CREATION OF A BOARD OF PUBLIC UTILITIES."

"AGAINST THE CREATION OF A BOARD OF PUBLIC UTILITIES."

(b) There shall also be printed upon the ballots the necessary words and figures to show the date of the election and the city or town wherein the election is to be held, and no other words or figures shall be printed thereon.

(c) Persons desiring to vote for the creation of a board of public utilities shall strike out the words "Against the Creation of a Board of Public Utilities" and those desiring to vote against the creation of a board of public utilities shall strike out the words "For the Creation of a Board of Public Utilities."

Acts 1939, No. 95, § 7; A.S.A. 1947, § 19-4007.
Ark. Code Ann. § 14-359-109 — AR Code / Title 14 / Chapter 359 / Section 14-359-109
Authority of commissioners
Status: in_force

(a) (1) The commissioners appointed under this chapter shall have full and complete authority to manage, operate, improve, extend, and maintain the municipal airport and its related properties and facilities. (2) The commissioners shall have full and complete charge of the airport and its related properties and facilities, including the right to employ or remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries. (b) (1) It is the intention of this chapter to vest in the commissioners unlimited authority to operate, manage, maintain, improve, and extend the municipally owned airport and its related properties and facilities, and to have full and complete charge of it, including without limitation the authority to charge and collect tolls and fees from vehicles accessing or departing from the airport, to make reasonable tolls and fees in accordance with industry standards, and to make reasonable classifications of vehicles for this purpose. (2) (A) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located. (B) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services. (C) For an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census, tolls and fees fixed by the authority shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas. Acts 1949, No. 53, § 6; A.S.A. 1947, § 74-506; Acts 2011, No. 334, § 2.

(a) (1) The commissioners appointed under this chapter shall have full and complete authority to manage, operate, improve, extend, and maintain the municipal airport and its related properties and facilities. (2) The commissioners shall have full and complete charge of the airport and its related properties and facilities, including the right to employ or remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries.

(1) The commissioners appointed under this chapter shall have full and complete authority to manage, operate, improve, extend, and maintain the municipal airport and its related properties and facilities.

(2) The commissioners shall have full and complete charge of the airport and its related properties and facilities, including the right to employ or remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries.

(b) (1) It is the intention of this chapter to vest in the commissioners unlimited authority to operate, manage, maintain, improve, and extend the municipally owned airport and its related properties and facilities, and to have full and complete charge of it, including without limitation the authority to charge and collect tolls and fees from vehicles accessing or departing from the airport, to make reasonable tolls and fees in accordance with industry standards, and to make reasonable classifications of vehicles for this purpose. (2) (A) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located. (B) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services. (C) For an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census, tolls and fees fixed by the authority shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas.

(1) It is the intention of this chapter to vest in the commissioners unlimited authority to operate, manage, maintain, improve, and extend the municipally owned airport and its related properties and facilities, and to have full and complete charge of it, including without limitation the authority to charge and collect tolls and fees from vehicles accessing or departing from the airport, to make reasonable tolls and fees in accordance with industry standards, and to make reasonable classifications of vehicles for this purpose.

(2) (A) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located. (B) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services. (C) For an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census, tolls and fees fixed by the authority shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas.

(A) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located.

(B) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services.

(C) For an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census, tolls and fees fixed by the authority shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas.

Acts 1949, No. 53, § 6; A.S.A. 1947, § 74-506; Acts 2011, No. 334, § 2.
Ark. Code Ann. § 14-72-601 — AR Code / Title 14 / Chapter 72 / Subchapter 6 / Section 14-72-601
Title
Status: in_force

This subchapter shall be referred to and may be cited as the "Local Government Revenue Bond Election Act of 1986." Acts 1986 (2nd Ex. Sess.), No. 2, § 1; A.S.A. 1947, § 13-1287.

This subchapter shall be referred to and may be cited as the "Local Government Revenue Bond Election Act of 1986."

Acts 1986 (2nd Ex. Sess.), No. 2, § 1; A.S.A. 1947, § 13-1287.
Ark. Code Ann. § 14-168-315 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-315
Redevelopment bonds or notes - Authority to issue
Status: in_force

For the purpose of paying project costs or of refunding bonds, notes, or other evidences of indebtedness issued under this subchapter for the purpose of paying project costs, the local governing body may issue bonds, notes, or other evidences of indebtedness, in one (1) or more series, with the bonds or notes payable out of positive tax increments and other revenues deposited to the special fund of the redevelopment district. Acts 2001, No. 1197, § 16; 2005, No. 2231, § 4.

For the purpose of paying project costs or of refunding bonds, notes, or other evidences of indebtedness issued under this subchapter for the purpose of paying project costs, the local governing body may issue bonds, notes, or other evidences of indebtedness, in one (1) or more series, with the bonds or notes payable out of positive tax increments and other revenues deposited to the special fund of the redevelopment district.

Acts 2001, No. 1197, § 16; 2005, No. 2231, § 4.
Ark. Code Ann. § 14-90-915 — AR Code / Title 14 / Chapter 90 / Subchapter 9 / Section 14-90-915
Deputy collectors
Status: in_force

(a) County tax collectors are authorized to employ one (1) deputy to do the additional work imposed by the terms of this act. (b) The collector may pay the deputy a salary up to the sum of three thousand three hundred dollars ($3,300) per annum. However, the salary shall never exceed the receipts from the one and three-eighths percent (13/8%) allowed the collectors by the provisions of § 14-90-913 . Acts 1949, No. 195, § 16; 1951, No. 234, § 1; 1953, No. 39, § 1; 1957, No. 332, § 1; A.S.A. 1947, § 20-418.12.

(a) County tax collectors are authorized to employ one (1) deputy to do the additional work imposed by the terms of this act.

(b) The collector may pay the deputy a salary up to the sum of three thousand three hundred dollars ($3,300) per annum. However, the salary shall never exceed the receipts from the one and three-eighths percent (13/8%) allowed the collectors by the provisions of § 14-90-913 .

Acts 1949, No. 195, § 16; 1951, No. 234, § 1; 1953, No. 39, § 1; 1957, No. 332, § 1; A.S.A. 1947, § 20-418.12.
Ark. Code Ann. § 14-94-116 — AR Code / Title 14 / Chapter 94 / Section 14-94-116
Filing and notice of assessment - Hearing
Status: in_force

(a) (1) The assessment shall be filed with the clerk. (2) (A) The secretary of the board shall thereupon give notice of its filing by two (2) publications in a newspaper having a general circulation in the municipality in which the district lies, with the first publication to be not fewer than seven (7) days prior to the date set for the hearing. (B) This notice may be in the following form: Click here to view form. (b) On the day named in the notice, it shall be the duty of the commissioners and assessors as a board of equalization to meet together at the place named to hear all complaints against the assessment, and to equalize and adjust them. Their determination shall be final, unless suit is brought in the chancery court in which the municipality is located within thirty (30) days to review it. Acts 1987, No. 113, § 8.

(a) (1) The assessment shall be filed with the clerk. (2) (A) The secretary of the board shall thereupon give notice of its filing by two (2) publications in a newspaper having a general circulation in the municipality in which the district lies, with the first publication to be not fewer than seven (7) days prior to the date set for the hearing. (B) This notice may be in the following form: Click here to view form.

(1) The assessment shall be filed with the clerk.

(2) (A) The secretary of the board shall thereupon give notice of its filing by two (2) publications in a newspaper having a general circulation in the municipality in which the district lies, with the first publication to be not fewer than seven (7) days prior to the date set for the hearing. (B) This notice may be in the following form: Click here to view form.

(A) The secretary of the board shall thereupon give notice of its filing by two (2) publications in a newspaper having a general circulation in the municipality in which the district lies, with the first publication to be not fewer than seven (7) days prior to the date set for the hearing.

(B) This notice may be in the following form: Click here to view form.

Click here to view form.

(b) On the day named in the notice, it shall be the duty of the commissioners and assessors as a board of equalization to meet together at the place named to hear all complaints against the assessment, and to equalize and adjust them. Their determination shall be final, unless suit is brought in the chancery court in which the municipality is located within thirty (30) days to review it.

Acts 1987, No. 113, § 8.

94_116_1 - Attachment
Ark. Code Ann. § 14-202-107 — AR Code / Title 14 / Chapter 202 / Section 14-202-107
Contracts to exchange and transmit electric power
Status: in_force

Municipalities are authorized to enter into contracts for the exchange, interchange, wheeling, pooling, and transmission of electric power and energy produced by a project with any other municipality, improvement district, federal or state political subdivision or agency, or other person which owns an electric system, or electric system facilities, whether operated by it or by a person under a franchise, lease, or other agreement. Acts 1979, No. 5, § 7; A.S.A. 1947, § 19-5607.

Municipalities are authorized to enter into contracts for the exchange, interchange, wheeling, pooling, and transmission of electric power and energy produced by a project with any other municipality, improvement district, federal or state political subdivision or agency, or other person which owns an electric system, or electric system facilities, whether operated by it or by a person under a franchise, lease, or other agreement.

Acts 1979, No. 5, § 7; A.S.A. 1947, § 19-5607.
Ark. Code Ann. § 14-90-1407 — AR Code / Title 14 / Chapter 90 / Subchapter 14 / Section 14-90-1407
Property included in suit
Status: in_force

In proceedings under this subchapter, all of the delinquent property in a municipal improvement district may and should be included in one (1) suit, and the suit may cover more than one (1) past due installment. Acts 1937, No. 207, § 3; Pope's Dig., § 7315; Acts 1939, No. 130, § 1; A.S.A. 1947, § 20-443.

In proceedings under this subchapter, all of the delinquent property in a municipal improvement district may and should be included in one (1) suit, and the suit may cover more than one (1) past due installment.

Acts 1937, No. 207, § 3; Pope's Dig., § 7315; Acts 1939, No. 130, § 1; A.S.A. 1947, § 20-443.
Ark. Code Ann. § 14-89-903 — AR Code / Title 14 / Chapter 89 / Subchapter 9 / Section 14-89-903
Purpose of expenditures
Status: in_force

(a) Any improvement district within any city or town in the State of Arkansas which is created for the purpose of constructing, repairing, enlarging, and overhauling any electric power plant, waterworks system, or sewer system is authorized to use the profits, or any part thereof, derived from the operation of the plants or systems toward: (1) The payment of the outstanding bonded indebtedness of all street, sewer, or other improvement districts within the limits of the municipality; and (2) The payment of any obligations of the city or town which may have been incurred by the city or town in the manner provided by law. (b) The expenditures authorized in this section shall be made as provided for in this subchapter. Acts 1939, No. 208, § 1; A.S.A. 1947, § 20-209.

(a) Any improvement district within any city or town in the State of Arkansas which is created for the purpose of constructing, repairing, enlarging, and overhauling any electric power plant, waterworks system, or sewer system is authorized to use the profits, or any part thereof, derived from the operation of the plants or systems toward: (1) The payment of the outstanding bonded indebtedness of all street, sewer, or other improvement districts within the limits of the municipality; and (2) The payment of any obligations of the city or town which may have been incurred by the city or town in the manner provided by law.

(1) The payment of the outstanding bonded indebtedness of all street, sewer, or other improvement districts within the limits of the municipality; and

(2) The payment of any obligations of the city or town which may have been incurred by the city or town in the manner provided by law.

(b) The expenditures authorized in this section shall be made as provided for in this subchapter.

Acts 1939, No. 208, § 1; A.S.A. 1947, § 20-209.
Ark. Code Ann. § 14-387-706 — AR Code / Title 14 / Chapter 387 / Subchapter 7 / Section 14-387-706
Damages and compensation for taking up strays
Status: in_force

(a) If the owner or keeper of the stock restrained and the taker-up or the person damaged by the stock cannot agree on the amount of damage, then either party may apply to any justice of the peace where the taker-up resides for the appointment of three (3) appraisers to assess the damages done, or what would be a reasonable compensation for the taking up, feeding, and keeping of the stock. Thereupon, it shall be the duty of the justice to issue notice to three (3) disinterested householders of the township to appear at such place in the township as he may designate and assess the damages or compensation as required in this section. (b) (1) The appraisers, or any two (2) of them so notified, shall take an oath that they will fairly and impartially assess the damages or compensation, or both, in the controversy, and they shall make out, sign, and deliver to each party a written statement of their findings as to damages and compensation. (2) (A) Upon the payment of the damages and compensation and the expenses of the controversy, the owner of the stock shall be entitled to take them away. (B) (i) If refused, the owner may maintain an action for them as in case of wrongful detention of property. (ii) In any such action, if it be shown to the satisfaction of the court trying the cause that the owner or keeper of the stock had, previous to the appointment of appraisers, tendered to the taker-up of the stock in legal currency of the United States the amount of damages awarded by the appraisers and that the taker-up of the stock refused to accept the tender so made, then the taker-up of the stock shall pay all costs incident to the appraisement made by the appraisers as prescribed in this section. (c) (1) The justice of the peace, the appraisers, and the witnesses, if any, shall be allowed the same fees as are allowed by law for similar services. (2) The fees shall be paid by the owner of the stock before he is entitled to take the stock away. Acts 1915, No. 156, §§ 5-7; 1919, No. 258, § 1; C. & M. Dig., §§ 325-327; Pope's Dig., §§ 340-342; A.S.A. 1947, §§ 78-1405 -- 78-1407.

(a) If the owner or keeper of the stock restrained and the taker-up or the person damaged by the stock cannot agree on the amount of damage, then either party may apply to any justice of the peace where the taker-up resides for the appointment of three (3) appraisers to assess the damages done, or what would be a reasonable compensation for the taking up, feeding, and keeping of the stock. Thereupon, it shall be the duty of the justice to issue notice to three (3) disinterested householders of the township to appear at such place in the township as he may designate and assess the damages or compensation as required in this section.

(b) (1) The appraisers, or any two (2) of them so notified, shall take an oath that they will fairly and impartially assess the damages or compensation, or both, in the controversy, and they shall make out, sign, and deliver to each party a written statement of their findings as to damages and compensation. (2) (A) Upon the payment of the damages and compensation and the expenses of the controversy, the owner of the stock shall be entitled to take them away. (B) (i) If refused, the owner may maintain an action for them as in case of wrongful detention of property. (ii) In any such action, if it be shown to the satisfaction of the court trying the cause that the owner or keeper of the stock had, previous to the appointment of appraisers, tendered to the taker-up of the stock in legal currency of the United States the amount of damages awarded by the appraisers and that the taker-up of the stock refused to accept the tender so made, then the taker-up of the stock shall pay all costs incident to the appraisement made by the appraisers as prescribed in this section.

(1) The appraisers, or any two (2) of them so notified, shall take an oath that they will fairly and impartially assess the damages or compensation, or both, in the controversy, and they shall make out, sign, and deliver to each party a written statement of their findings as to damages and compensation.

(2) (A) Upon the payment of the damages and compensation and the expenses of the controversy, the owner of the stock shall be entitled to take them away. (B) (i) If refused, the owner may maintain an action for them as in case of wrongful detention of property. (ii) In any such action, if it be shown to the satisfaction of the court trying the cause that the owner or keeper of the stock had, previous to the appointment of appraisers, tendered to the taker-up of the stock in legal currency of the United States the amount of damages awarded by the appraisers and that the taker-up of the stock refused to accept the tender so made, then the taker-up of the stock shall pay all costs incident to the appraisement made by the appraisers as prescribed in this section.

(A) Upon the payment of the damages and compensation and the expenses of the controversy, the owner of the stock shall be entitled to take them away.

(B) (i) If refused, the owner may maintain an action for them as in case of wrongful detention of property. (ii) In any such action, if it be shown to the satisfaction of the court trying the cause that the owner or keeper of the stock had, previous to the appointment of appraisers, tendered to the taker-up of the stock in legal currency of the United States the amount of damages awarded by the appraisers and that the taker-up of the stock refused to accept the tender so made, then the taker-up of the stock shall pay all costs incident to the appraisement made by the appraisers as prescribed in this section.

(i) If refused, the owner may maintain an action for them as in case of wrongful detention of property.

(ii) In any such action, if it be shown to the satisfaction of the court trying the cause that the owner or keeper of the stock had, previous to the appointment of appraisers, tendered to the taker-up of the stock in legal currency of the United States the amount of damages awarded by the appraisers and that the taker-up of the stock refused to accept the tender so made, then the taker-up of the stock shall pay all costs incident to the appraisement made by the appraisers as prescribed in this section.

(c) (1) The justice of the peace, the appraisers, and the witnesses, if any, shall be allowed the same fees as are allowed by law for similar services. (2) The fees shall be paid by the owner of the stock before he is entitled to take the stock away.

(1) The justice of the peace, the appraisers, and the witnesses, if any, shall be allowed the same fees as are allowed by law for similar services.

(2) The fees shall be paid by the owner of the stock before he is entitled to take the stock away.

Acts 1915, No. 156, §§ 5-7; 1919, No. 258, § 1; C. & M. Dig., §§ 325-327; Pope's Dig., §§ 340-342; A.S.A. 1947, §§ 78-1405 -- 78-1407.
Ark. Code Ann. § 14-14-305 — AR Code / Title 14 / Chapter 14 / Subchapter 3 / Section 14-14-305
Designation of new site
Status: in_force

(a) Where a majority of the qualified voters of the county have voted in favor of the change from the existing location and are in a majority agreement as to the location in cases where more than one (1) location is proposed, the county court shall proceed to carry into effect the will of the majority. (b) Where a majority agreement is rendered in favor of a change but is not rendered on a specific location, where more than one (1) location is proposed, the court shall immediately order an election to decide which of the two (2) locations receiving the highest number of votes in the initial election on the issue shall be designated as the new site for the county seat. Acts 1977, No. 742, § 28; A.S.A. 1947, § 17-3306.

(a) Where a majority of the qualified voters of the county have voted in favor of the change from the existing location and are in a majority agreement as to the location in cases where more than one (1) location is proposed, the county court shall proceed to carry into effect the will of the majority.

(b) Where a majority agreement is rendered in favor of a change but is not rendered on a specific location, where more than one (1) location is proposed, the court shall immediately order an election to decide which of the two (2) locations receiving the highest number of votes in the initial election on the issue shall be designated as the new site for the county seat.

Acts 1977, No. 742, § 28; A.S.A. 1947, § 17-3306.
Ark. Code Ann. § 14-92-206 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-206
Hearing on petition and determination
Status: in_force

(a) (1) Upon the filing of a petition as prescribed in § 14-92-205 , it shall be the duty of the county clerk to give notice of the filing of it, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the suburban improvement district to appear before the county court on a day to be fixed in the notice, at least thirty (30) days after the filing of a petition. (2) (A) The notice shall be published one (1) time a week for two (2) weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated and, if available, on the website of the county or of the Secretary of State. (B) This notice may be in the following form: Click here to view form. (b) (1) (A) On the day named in the notice, it shall be the duty of the court to meet and to hear the petition and to ascertain whether those signing it constitute a majority of the number of owners of realty in the proposed district, the owners of a majority of the realty in area of the proposed district, and the owners of a majority of the assessed value of realty in the proposed district. (B) (i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to filing the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district. (2) (A) (i) If any part of the proposed district shall be located within the corporate limits of an incorporated town or city, the court shall make a separate finding on the question of whether a majority of the number of realty owners in the incorporated area, the owners of a majority of the realty in area in the incorporated area, and the owners of a majority of the assessed value of realty in the incorporated area have signed the petition. (ii) The court shall also make a separate finding on the question of whether a majority of the number of realty owners within the unincorporated area of the proposed district, the owners of a majority of realty in area in the unincorporated area of the proposed district, and the owners of a majority of assessed value of realty within the unincorporated area of the proposed district have signed the petition. (B) (i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to the filing of the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district. (c) (1) Any petitioner or any opponent of the petition may appeal from the judgment of the court creating or refusing to create the district. However, the appeal must be taken and perfected within thirty (30) days. (2) If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons. (d) (1) The petition shall state the specific purpose for which the district is to be formed, and the judgment establishing the district shall give it a name, which shall be descriptive of the purpose. (2) The district shall also receive a number to prevent its being confused with other districts formed for similar purposes. Amended by Act 2019, No. 1025,§ 3, eff. 7/24/2019. Acts 1941, No. 41, § 2; 1981, No. 510, § 2; A.S.A. 1947, § 20-702.

(a) (1) Upon the filing of a petition as prescribed in § 14-92-205 , it shall be the duty of the county clerk to give notice of the filing of it, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the suburban improvement district to appear before the county court on a day to be fixed in the notice, at least thirty (30) days after the filing of a petition. (2) (A) The notice shall be published one (1) time a week for two (2) weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated and, if available, on the website of the county or of the Secretary of State. (B) This notice may be in the following form: Click here to view form.

(1) Upon the filing of a petition as prescribed in § 14-92-205 , it shall be the duty of the county clerk to give notice of the filing of it, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the suburban improvement district to appear before the county court on a day to be fixed in the notice, at least thirty (30) days after the filing of a petition.

(2) (A) The notice shall be published one (1) time a week for two (2) weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated and, if available, on the website of the county or of the Secretary of State. (B) This notice may be in the following form: Click here to view form.

(A) The notice shall be published one (1) time a week for two (2) weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated and, if available, on the website of the county or of the Secretary of State.

(B) This notice may be in the following form: Click here to view form.

Click here to view form.

(b) (1) (A) On the day named in the notice, it shall be the duty of the court to meet and to hear the petition and to ascertain whether those signing it constitute a majority of the number of owners of realty in the proposed district, the owners of a majority of the realty in area of the proposed district, and the owners of a majority of the assessed value of realty in the proposed district. (B) (i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to filing the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district. (2) (A) (i) If any part of the proposed district shall be located within the corporate limits of an incorporated town or city, the court shall make a separate finding on the question of whether a majority of the number of realty owners in the incorporated area, the owners of a majority of the realty in area in the incorporated area, and the owners of a majority of the assessed value of realty in the incorporated area have signed the petition. (ii) The court shall also make a separate finding on the question of whether a majority of the number of realty owners within the unincorporated area of the proposed district, the owners of a majority of realty in area in the unincorporated area of the proposed district, and the owners of a majority of assessed value of realty within the unincorporated area of the proposed district have signed the petition. (B) (i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to the filing of the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district.

(1) (A) On the day named in the notice, it shall be the duty of the court to meet and to hear the petition and to ascertain whether those signing it constitute a majority of the number of owners of realty in the proposed district, the owners of a majority of the realty in area of the proposed district, and the owners of a majority of the assessed value of realty in the proposed district. (B) (i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to filing the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district.

(A) On the day named in the notice, it shall be the duty of the court to meet and to hear the petition and to ascertain whether those signing it constitute a majority of the number of owners of realty in the proposed district, the owners of a majority of the realty in area of the proposed district, and the owners of a majority of the assessed value of realty in the proposed district.

(B) (i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to filing the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district.

(i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to filing the petition.

(ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district.

(2) (A) (i) If any part of the proposed district shall be located within the corporate limits of an incorporated town or city, the court shall make a separate finding on the question of whether a majority of the number of realty owners in the incorporated area, the owners of a majority of the realty in area in the incorporated area, and the owners of a majority of the assessed value of realty in the incorporated area have signed the petition. (ii) The court shall also make a separate finding on the question of whether a majority of the number of realty owners within the unincorporated area of the proposed district, the owners of a majority of realty in area in the unincorporated area of the proposed district, and the owners of a majority of assessed value of realty within the unincorporated area of the proposed district have signed the petition. (B) (i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to the filing of the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district.

(A) (i) If any part of the proposed district shall be located within the corporate limits of an incorporated town or city, the court shall make a separate finding on the question of whether a majority of the number of realty owners in the incorporated area, the owners of a majority of the realty in area in the incorporated area, and the owners of a majority of the assessed value of realty in the incorporated area have signed the petition. (ii) The court shall also make a separate finding on the question of whether a majority of the number of realty owners within the unincorporated area of the proposed district, the owners of a majority of realty in area in the unincorporated area of the proposed district, and the owners of a majority of assessed value of realty within the unincorporated area of the proposed district have signed the petition.

(i) If any part of the proposed district shall be located within the corporate limits of an incorporated town or city, the court shall make a separate finding on the question of whether a majority of the number of realty owners in the incorporated area, the owners of a majority of the realty in area in the incorporated area, and the owners of a majority of the assessed value of realty in the incorporated area have signed the petition.

(ii) The court shall also make a separate finding on the question of whether a majority of the number of realty owners within the unincorporated area of the proposed district, the owners of a majority of realty in area in the unincorporated area of the proposed district, and the owners of a majority of assessed value of realty within the unincorporated area of the proposed district have signed the petition.

(B) (i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to the filing of the petition. (ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district.

(i) If the court determines that the majority have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners elected at the public hearing held prior to the filing of the petition.

(ii) If the court finds that a majority have not signed the petition, it shall enter its order denying the district.

(c) (1) Any petitioner or any opponent of the petition may appeal from the judgment of the court creating or refusing to create the district. However, the appeal must be taken and perfected within thirty (30) days. (2) If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.

(1) Any petitioner or any opponent of the petition may appeal from the judgment of the court creating or refusing to create the district. However, the appeal must be taken and perfected within thirty (30) days.

(2) If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.

(d) (1) The petition shall state the specific purpose for which the district is to be formed, and the judgment establishing the district shall give it a name, which shall be descriptive of the purpose. (2) The district shall also receive a number to prevent its being confused with other districts formed for similar purposes.

(1) The petition shall state the specific purpose for which the district is to be formed, and the judgment establishing the district shall give it a name, which shall be descriptive of the purpose.

(2) The district shall also receive a number to prevent its being confused with other districts formed for similar purposes.

Amended by Act 2019, No. 1025,§ 3, eff. 7/24/2019.

Acts 1941, No. 41, § 2; 1981, No. 510, § 2; A.S.A. 1947, § 20-702.

92_206_1 - Attachment
Ark. Code Ann. § 14-61-117 — AR Code / Title 14 / Chapter 61 / Section 14-61-117
Implementation of change in form of government under this chapter
Status: in_force

The following procedure will be used to implement this chapter by cities that have changed the manner by which directors and the mayor are selected: (1) If an option is chosen in which the mayor is directly elected, the position of mayor shall be elected at the first general election after the organization or reorganization of the city under the management form of government. Because of this fact, at the first meeting of the board of directors after the special election results have been certified, the mayor shall prepare slips of paper for each member of the board of directors whose current terms expire soonest. One (1) of these slips of paper shall have the word "Mayor" imprinted on it and the rest of the slips shall be blank. Each member whose term will expire soonest after the reorganization will draw a slip of paper and the director drawing the slip of paper with the word "Mayor" imprinted on it will not draw again. The successor for this director will be the elected mayor. (2) The mayor shall then prepare slips of paper for each member of the board of directors, except the one (1) that has drawn the mayor's slip, upon which will be imprinted the name of a director position, or ward position, as may be needed. These members of the board of directors shall draw one (1) slip of paper, and the words imprinted on the slip drawn by each member shall determine the position and method of selection for such member's successor. (3) Upon the expiration of the current term of a member, his successor shall be elected in the manner designated under this section. For example, if a member draws "Director Ward 1", then that member's successor shall be selected from the area designated as Ward 1 by the county board of election commissioners. (4) (A) (i) If an option is selected that decreases the existing size of the board of directors, including the position of mayor, then at the first meeting after the results of the election have been certified, the mayor shall prepare slips of paper for each member of the board of directors, upon which will be imprinted the designation of the director positions that will remain after the decrease, whether at-large or ward positions, or a directly elected mayor. The remaining slips of paper shall remain blank. (ii) The members of the board of directors shall draw one (1) slip of paper, and the words imprinted on the slip drawn by each member shall determine the position for which that member's successor will be selected. (iii) Directors drawing a blank slip of paper shall not be succeeded upon the expiration of their terms of office. (B) (i) If an option is selected that increases the existing number of directors, including the position of mayor, and the next general municipal election is more than one (1) year away, then a special election to fill the new positions shall be held within a reasonable time. This special election shall be conducted in accordance with the provisions of §§ 14-47-106 and 14-47-110 . Persons elected at this special election shall serve until the next general municipal election, at which time the positions shall again be on the ballot for a full four-year term. (ii) If an option is selected that increases the existing number of directors, including the position of mayor, and the next general municipal election is less than one (1) year away, then the board of directors, by majority vote, may: (a) Conduct a special election, in accordance with the provisions of §§ 14-47-106 and 14-47-110 , but declare that the initial term of office for these positions shall be from the date the results of the special election are certified until the end of the term for directors elected at the next general municipal election, and that thereafter persons elected to fill the positions will serve a term of four (4) years; or (b) Choose to leave the positions vacant until the next general municipal election; or (c) Fill the vacancies in accordance with § 14-47-113 , with the persons appointed to serve until the next general municipal election. (C) If an option is approved pursuant to § 14-61-107(2) that results in a change in the number of directors selected from wards, the board of directors, by majority vote, may determine how to select the positions as follows: (i) The board may designate any or all of the positions to be selected at any special election called to implement the change, and at the succeeding two (2) general municipal elections, in order to fully implement the option adopted; (ii) (a) In order to fully implement that option selected, the board may draw lots to determine which positions will be elected at any special election called to implement the change, and at the succeeding two (2) general municipal elections, in order to fully implement the option adopted. Each slip will be imprinted with the name of a ward position, an at-large position, or the mayor, as necessary, and the successor of the board member drawing a particular slip of paper will be elected from the position. For purposes of illustration, the director from Ward 1 will be elected at the general municipal election when the position of the director drawing the slip marked "Ward 1" is up for election. If the option selected increases the size of the board of directors, and if the board has not otherwise determined the positions to be selected, then the mayor and one (1) board member whose term expires at the general municipal election before or after the mayor's term expires will draw an extra slip for each necessary position. For example, if two (2) new positions are authorized and the mayor's term expires at the next general municipal election, then the mayor would draw one (1) extra slip and a board member whose term expires two (2) years after the mayor's term would draw one (1) extra slip. (b) Once the board has determined how successors, or new members, or both, are to be selected, it may unanimously vote to fill all positions on the board, including the position of mayor, at a special election, or no later than the next general municipal election. If a decision is made to so expedite the election of the board, the board may designate which positions will initially be filled for two-year terms, with successors to be elected for four-year terms thereafter, which positions will be elected for four-year terms, with successors to be elected for four-year terms thereafter. Acts 1989, No. 907, § 15; 1993, No. 1294, § 6.

The following procedure will be used to implement this chapter by cities that have changed the manner by which directors and the mayor are selected:

(1) If an option is chosen in which the mayor is directly elected, the position of mayor shall be elected at the first general election after the organization or reorganization of the city under the management form of government. Because of this fact, at the first meeting of the board of directors after the special election results have been certified, the mayor shall prepare slips of paper for each member of the board of directors whose current terms expire soonest. One (1) of these slips of paper shall have the word "Mayor" imprinted on it and the rest of the slips shall be blank. Each member whose term will expire soonest after the reorganization will draw a slip of paper and the director drawing the slip of paper with the word "Mayor" imprinted on it will not draw again. The successor for this director will be the elected mayor.

(2) The mayor shall then prepare slips of paper for each member of the board of directors, except the one (1) that has drawn the mayor's slip, upon which will be imprinted the name of a director position, or ward position, as may be needed. These members of the board of directors shall draw one (1) slip of paper, and the words imprinted on the slip drawn by each member shall determine the position and method of selection for such member's successor.

(3) Upon the expiration of the current term of a member, his successor shall be elected in the manner designated under this section. For example, if a member draws "Director Ward 1", then that member's successor shall be selected from the area designated as Ward 1 by the county board of election commissioners.

(4) (A) (i) If an option is selected that decreases the existing size of the board of directors, including the position of mayor, then at the first meeting after the results of the election have been certified, the mayor shall prepare slips of paper for each member of the board of directors, upon which will be imprinted the designation of the director positions that will remain after the decrease, whether at-large or ward positions, or a directly elected mayor. The remaining slips of paper shall remain blank. (ii) The members of the board of directors shall draw one (1) slip of paper, and the words imprinted on the slip drawn by each member shall determine the position for which that member's successor will be selected. (iii) Directors drawing a blank slip of paper shall not be succeeded upon the expiration of their terms of office. (B) (i) If an option is selected that increases the existing number of directors, including the position of mayor, and the next general municipal election is more than one (1) year away, then a special election to fill the new positions shall be held within a reasonable time. This special election shall be conducted in accordance with the provisions of §§ 14-47-106 and 14-47-110 . Persons elected at this special election shall serve until the next general municipal election, at which time the positions shall again be on the ballot for a full four-year term. (ii) If an option is selected that increases the existing number of directors, including the position of mayor, and the next general municipal election is less than one (1) year away, then the board of directors, by majority vote, may: (a) Conduct a special election, in accordance with the provisions of §§ 14-47-106 and 14-47-110 , but declare that the initial term of office for these positions shall be from the date the results of the special election are certified until the end of the term for directors elected at the next general municipal election, and that thereafter persons elected to fill the positions will serve a term of four (4) years; or (b) Choose to leave the positions vacant until the next general municipal election; or (c) Fill the vacancies in accordance with § 14-47-113 , with the persons appointed to serve until the next general municipal election. (C) If an option is approved pursuant to § 14-61-107(2) that results in a change in the number of directors selected from wards, the board of directors, by majority vote, may determine how to select the positions as follows: (i) The board may designate any or all of the positions to be selected at any special election called to implement the change, and at the succeeding two (2) general municipal elections, in order to fully implement the option adopted; (ii) (a) In order to fully implement that option selected, the board may draw lots to determine which positions will be elected at any special election called to implement the change, and at the succeeding two (2) general municipal elections, in order to fully implement the option adopted. Each slip will be imprinted with the name of a ward position, an at-large position, or the mayor, as necessary, and the successor of the board member drawing a particular slip of paper will be elected from the position. For purposes of illustration, the director from Ward 1 will be elected at the general municipal election when the position of the director drawing the slip marked "Ward 1" is up for election. If the option selected increases the size of the board of directors, and if the board has not otherwise determined the positions to be selected, then the mayor and one (1) board member whose term expires at the general municipal election before or after the mayor's term expires will draw an extra slip for each necessary position. For example, if two (2) new positions are authorized and the mayor's term expires at the next general municipal election, then the mayor would draw one (1) extra slip and a board member whose term expires two (2) years after the mayor's term would draw one (1) extra slip. (b) Once the board has determined how successors, or new members, or both, are to be selected, it may unanimously vote to fill all positions on the board, including the position of mayor, at a special election, or no later than the next general municipal election. If a decision is made to so expedite the election of the board, the board may designate which positions will initially be filled for two-year terms, with successors to be elected for four-year terms thereafter, which positions will be elected for four-year terms, with successors to be elected for four-year terms thereafter.

(A) (i) If an option is selected that decreases the existing size of the board of directors, including the position of mayor, then at the first meeting after the results of the election have been certified, the mayor shall prepare slips of paper for each member of the board of directors, upon which will be imprinted the designation of the director positions that will remain after the decrease, whether at-large or ward positions, or a directly elected mayor. The remaining slips of paper shall remain blank. (ii) The members of the board of directors shall draw one (1) slip of paper, and the words imprinted on the slip drawn by each member shall determine the position for which that member's successor will be selected. (iii) Directors drawing a blank slip of paper shall not be succeeded upon the expiration of their terms of office.

(i) If an option is selected that decreases the existing size of the board of directors, including the position of mayor, then at the first meeting after the results of the election have been certified, the mayor shall prepare slips of paper for each member of the board of directors, upon which will be imprinted the designation of the director positions that will remain after the decrease, whether at-large or ward positions, or a directly elected mayor. The remaining slips of paper shall remain blank.

(ii) The members of the board of directors shall draw one (1) slip of paper, and the words imprinted on the slip drawn by each member shall determine the position for which that member's successor will be selected.

(iii) Directors drawing a blank slip of paper shall not be succeeded upon the expiration of their terms of office.

(B) (i) If an option is selected that increases the existing number of directors, including the position of mayor, and the next general municipal election is more than one (1) year away, then a special election to fill the new positions shall be held within a reasonable time. This special election shall be conducted in accordance with the provisions of §§ 14-47-106 and 14-47-110 . Persons elected at this special election shall serve until the next general municipal election, at which time the positions shall again be on the ballot for a full four-year term. (ii) If an option is selected that increases the existing number of directors, including the position of mayor, and the next general municipal election is less than one (1) year away, then the board of directors, by majority vote, may: (a) Conduct a special election, in accordance with the provisions of §§ 14-47-106 and 14-47-110 , but declare that the initial term of office for these positions shall be from the date the results of the special election are certified until the end of the term for directors elected at the next general municipal election, and that thereafter persons elected to fill the positions will serve a term of four (4) years; or (b) Choose to leave the positions vacant until the next general municipal election; or (c) Fill the vacancies in accordance with § 14-47-113 , with the persons appointed to serve until the next general municipal election.

(i) If an option is selected that increases the existing number of directors, including the position of mayor, and the next general municipal election is more than one (1) year away, then a special election to fill the new positions shall be held within a reasonable time. This special election shall be conducted in accordance with the provisions of §§ 14-47-106 and 14-47-110 . Persons elected at this special election shall serve until the next general municipal election, at which time the positions shall again be on the ballot for a full four-year term.

(ii) If an option is selected that increases the existing number of directors, including the position of mayor, and the next general municipal election is less than one (1) year away, then the board of directors, by majority vote, may: (a) Conduct a special election, in accordance with the provisions of §§ 14-47-106 and 14-47-110 , but declare that the initial term of office for these positions shall be from the date the results of the special election are certified until the end of the term for directors elected at the next general municipal election, and that thereafter persons elected to fill the positions will serve a term of four (4) years; or (b) Choose to leave the positions vacant until the next general municipal election; or (c) Fill the vacancies in accordance with § 14-47-113 , with the persons appointed to serve until the next general municipal election.

(a) Conduct a special election, in accordance with the provisions of §§ 14-47-106 and 14-47-110 , but declare that the initial term of office for these positions shall be from the date the results of the special election are certified until the end of the term for directors elected at the next general municipal election, and that thereafter persons elected to fill the positions will serve a term of four (4) years; or

(b) Choose to leave the positions vacant until the next general municipal election; or

(c) Fill the vacancies in accordance with § 14-47-113 , with the persons appointed to serve until the next general municipal election.

(C) If an option is approved pursuant to § 14-61-107(2) that results in a change in the number of directors selected from wards, the board of directors, by majority vote, may determine how to select the positions as follows: (i) The board may designate any or all of the positions to be selected at any special election called to implement the change, and at the succeeding two (2) general municipal elections, in order to fully implement the option adopted; (ii) (a) In order to fully implement that option selected, the board may draw lots to determine which positions will be elected at any special election called to implement the change, and at the succeeding two (2) general municipal elections, in order to fully implement the option adopted. Each slip will be imprinted with the name of a ward position, an at-large position, or the mayor, as necessary, and the successor of the board member drawing a particular slip of paper will be elected from the position. For purposes of illustration, the director from Ward 1 will be elected at the general municipal election when the position of the director drawing the slip marked "Ward 1" is up for election. If the option selected increases the size of the board of directors, and if the board has not otherwise determined the positions to be selected, then the mayor and one (1) board member whose term expires at the general municipal election before or after the mayor's term expires will draw an extra slip for each necessary position. For example, if two (2) new positions are authorized and the mayor's term expires at the next general municipal election, then the mayor would draw one (1) extra slip and a board member whose term expires two (2) years after the mayor's term would draw one (1) extra slip. (b) Once the board has determined how successors, or new members, or both, are to be selected, it may unanimously vote to fill all positions on the board, including the position of mayor, at a special election, or no later than the next general municipal election. If a decision is made to so expedite the election of the board, the board may designate which positions will initially be filled for two-year terms, with successors to be elected for four-year terms thereafter, which positions will be elected for four-year terms, with successors to be elected for four-year terms thereafter.

(i) The board may designate any or all of the positions to be selected at any special election called to implement the change, and at the succeeding two (2) general municipal elections, in order to fully implement the option adopted;

(ii) (a) In order to fully implement that option selected, the board may draw lots to determine which positions will be elected at any special election called to implement the change, and at the succeeding two (2) general municipal elections, in order to fully implement the option adopted. Each slip will be imprinted with the name of a ward position, an at-large position, or the mayor, as necessary, and the successor of the board member drawing a particular slip of paper will be elected from the position. For purposes of illustration, the director from Ward 1 will be elected at the general municipal election when the position of the director drawing the slip marked "Ward 1" is up for election. If the option selected increases the size of the board of directors, and if the board has not otherwise determined the positions to be selected, then the mayor and one (1) board member whose term expires at the general municipal election before or after the mayor's term expires will draw an extra slip for each necessary position. For example, if two (2) new positions are authorized and the mayor's term expires at the next general municipal election, then the mayor would draw one (1) extra slip and a board member whose term expires two (2) years after the mayor's term would draw one (1) extra slip. (b) Once the board has determined how successors, or new members, or both, are to be selected, it may unanimously vote to fill all positions on the board, including the position of mayor, at a special election, or no later than the next general municipal election. If a decision is made to so expedite the election of the board, the board may designate which positions will initially be filled for two-year terms, with successors to be elected for four-year terms thereafter, which positions will be elected for four-year terms, with successors to be elected for four-year terms thereafter.

(a) In order to fully implement that option selected, the board may draw lots to determine which positions will be elected at any special election called to implement the change, and at the succeeding two (2) general municipal elections, in order to fully implement the option adopted. Each slip will be imprinted with the name of a ward position, an at-large position, or the mayor, as necessary, and the successor of the board member drawing a particular slip of paper will be elected from the position. For purposes of illustration, the director from Ward 1 will be elected at the general municipal election when the position of the director drawing the slip marked "Ward 1" is up for election. If the option selected increases the size of the board of directors, and if the board has not otherwise determined the positions to be selected, then the mayor and one (1) board member whose term expires at the general municipal election before or after the mayor's term expires will draw an extra slip for each necessary position. For example, if two (2) new positions are authorized and the mayor's term expires at the next general municipal election, then the mayor would draw one (1) extra slip and a board member whose term expires two (2) years after the mayor's term would draw one (1) extra slip.

(b) Once the board has determined how successors, or new members, or both, are to be selected, it may unanimously vote to fill all positions on the board, including the position of mayor, at a special election, or no later than the next general municipal election. If a decision is made to so expedite the election of the board, the board may designate which positions will initially be filled for two-year terms, with successors to be elected for four-year terms thereafter, which positions will be elected for four-year terms, with successors to be elected for four-year terms thereafter.

Acts 1989, No. 907, § 15; 1993, No. 1294, § 6.
Ark. Code Ann. § 14-59-116 — AR Code / Title 14 / Chapter 59 / Section 14-59-116
Annual publication of financial statement
Status: in_force

(a) (1) The governing body of each municipality shall publish annually a financial statement of the municipality, including receipts and expenditures for the period and a statement of the indebtedness and financial condition of the municipality. The financial statement shall be published one (1) time in a newspaper published in the municipality. (2) This financial statement shall be at least as detailed as the minimum record of accounts as provided in this chapter. (3) This financial statement shall be published by April 1 of the following year. (b) In municipalities in which no newspaper is published, the financial statement shall be posted in two (2) of the most public places in the municipality. Acts 1973, No. 159, §§ 18, 19, as added by 1977, No. 308, § 1; A.S.A. 1947, §§ 19-5316, 19-5317; Acts 2011, No. 621, § 10.

(a) (1) The governing body of each municipality shall publish annually a financial statement of the municipality, including receipts and expenditures for the period and a statement of the indebtedness and financial condition of the municipality. The financial statement shall be published one (1) time in a newspaper published in the municipality. (2) This financial statement shall be at least as detailed as the minimum record of accounts as provided in this chapter. (3) This financial statement shall be published by April 1 of the following year.

(1) The governing body of each municipality shall publish annually a financial statement of the municipality, including receipts and expenditures for the period and a statement of the indebtedness and financial condition of the municipality. The financial statement shall be published one (1) time in a newspaper published in the municipality.

(2) This financial statement shall be at least as detailed as the minimum record of accounts as provided in this chapter.

(3) This financial statement shall be published by April 1 of the following year.

(b) In municipalities in which no newspaper is published, the financial statement shall be posted in two (2) of the most public places in the municipality.

Acts 1973, No. 159, §§ 18, 19, as added by 1977, No. 308, § 1; A.S.A. 1947, §§ 19-5316, 19-5317; Acts 2011, No. 621, § 10.
Ark. Code Ann. § 14-138-107 — AR Code / Title 14 / Chapter 138 / Section 14-138-107
Execution and recording of certificate
Status: in_force

(a) The certificate of incorporation shall be signed and acknowledged by the incorporators and shall have attached thereto a certified copy of the resolution provided for in § 14-138-106 and a certificate by the Secretary of State that the name proposed for the corporation is not identical with that of any other corporation in the state, or so nearly similar thereto as to lead to confusion and uncertainty. (b) (1) The certificate of incorporation, together with the documents required by § 14-138-106 to be attached thereto, shall be filed in the office of the county clerk of the county in which the municipality is located, who shall forthwith receive and record it. A copy of the certificate shall be filed in the office of the Secretary of State. (2) When the certificate of incorporation and attached documents have been so filed, the corporation referred to therein shall come into existence and shall constitute a body corporate and politic and a political subdivision of the state under the name set forth in the certificate of incorporation, whereupon the corporation shall be vested with the rights and powers granted in this chapter. Acts 1967, No. 409, § 5; A.S.A. 1947, § 19-5105.

(a) The certificate of incorporation shall be signed and acknowledged by the incorporators and shall have attached thereto a certified copy of the resolution provided for in § 14-138-106 and a certificate by the Secretary of State that the name proposed for the corporation is not identical with that of any other corporation in the state, or so nearly similar thereto as to lead to confusion and uncertainty.

(b) (1) The certificate of incorporation, together with the documents required by § 14-138-106 to be attached thereto, shall be filed in the office of the county clerk of the county in which the municipality is located, who shall forthwith receive and record it. A copy of the certificate shall be filed in the office of the Secretary of State. (2) When the certificate of incorporation and attached documents have been so filed, the corporation referred to therein shall come into existence and shall constitute a body corporate and politic and a political subdivision of the state under the name set forth in the certificate of incorporation, whereupon the corporation shall be vested with the rights and powers granted in this chapter.

(1) The certificate of incorporation, together with the documents required by § 14-138-106 to be attached thereto, shall be filed in the office of the county clerk of the county in which the municipality is located, who shall forthwith receive and record it. A copy of the certificate shall be filed in the office of the Secretary of State.

(2) When the certificate of incorporation and attached documents have been so filed, the corporation referred to therein shall come into existence and shall constitute a body corporate and politic and a political subdivision of the state under the name set forth in the certificate of incorporation, whereupon the corporation shall be vested with the rights and powers granted in this chapter.

Acts 1967, No. 409, § 5; A.S.A. 1947, § 19-5105.
Ark. Code Ann. § 14-88-202 — AR Code / Title 14 / Chapter 88 / Subchapter 2 / Section 14-88-202
Purposes for which created
Status: in_force

The council of any city of the first or second class or any incorporated town may assess all real property within the city or town, or within any district thereof, for the purpose of opening, grading, or otherwise improving streets and alleys, including viaducts and underpasses either within the boundaries of an improvement district, or beyond the boundaries and beyond the limits of the city or town if the property in the district will be benefited thereby, including the acquisition of rights-of-way by purchase or the exercise of the power of eminent domain as provided in § 14-91-104 and the payment of damages for the taking or injuring of property resulting from the making of any such improvement, if the work or construction is done or paid for by the United States Government or any of its agencies or by the State of Arkansas or any other public body, or to pay for any local improvement of a public nature, including sewer systems, theretofore made, by which the property within the district has benefited; for the purpose of paying the principal of and interest on any bonds at any time authorized and issued by any district under and in the manner and for the purposes specified in this section; for the purpose of buying existing sewer systems, or the construction of sewers, or constructing facilities for the off-street parking of vehicles, including without limitation constructing, reconstructing, widening, extending, and maintaining and operating off-street parking facilities, or constructing sidewalks, sidewalk overhead covers, benches, recreational areas, and other facilities pertaining to the construction, maintenance, and utilization thereof; for the purpose of the making of any other local improvement of a public nature in the manner set forth in this subchapter; and for the purpose of maintaining, repairing, and operating any improvements. Amended by Act 2013, No. 563,§ 1, eff. 8/16/2013. Acts 1881, No. 84, § 1, p. 161; 1889, No. 18, § 1, p. 17; C. & M. Dig., § 5647; Acts 1927, No. 68, § 1; Pope's Dig., § 7279; Acts 1938 (Ex. Sess.), No. 22, § 1; 1941, No. 310, § 1; 1967, No. 163, § 1; 1968 (2nd Ex. Sess.), No. 4, § 1; A.S.A. 1947, § 20-101.

The council of any city of the first or second class or any incorporated town may assess all real property within the city or town, or within any district thereof, for the purpose of opening, grading, or otherwise improving streets and alleys, including viaducts and underpasses either within the boundaries of an improvement district, or beyond the boundaries and beyond the limits of the city or town if the property in the district will be benefited thereby, including the acquisition of rights-of-way by purchase or the exercise of the power of eminent domain as provided in § 14-91-104 and the payment of damages for the taking or injuring of property resulting from the making of any such improvement, if the work or construction is done or paid for by the United States Government or any of its agencies or by the State of Arkansas or any other public body, or to pay for any local improvement of a public nature, including sewer systems, theretofore made, by which the property within the district has benefited; for the purpose of paying the principal of and interest on any bonds at any time authorized and issued by any district under and in the manner and for the purposes specified in this section; for the purpose of buying existing sewer systems, or the construction of sewers, or constructing facilities for the off-street parking of vehicles, including without limitation constructing, reconstructing, widening, extending, and maintaining and operating off-street parking facilities, or constructing sidewalks, sidewalk overhead covers, benches, recreational areas, and other facilities pertaining to the construction, maintenance, and utilization thereof; for the purpose of the making of any other local improvement of a public nature in the manner set forth in this subchapter; and for the purpose of maintaining, repairing, and operating any improvements.

Amended by Act 2013, No. 563,§ 1, eff. 8/16/2013.

Acts 1881, No. 84, § 1, p. 161; 1889, No. 18, § 1, p. 17; C. & M. Dig., § 5647; Acts 1927, No. 68, § 1; Pope's Dig., § 7279; Acts 1938 (Ex. Sess.), No. 22, § 1; 1941, No. 310, § 1; 1967, No. 163, § 1; 1968 (2nd Ex. Sess.), No. 4, § 1; A.S.A. 1947, § 20-101.
Ark. Code Ann. § 14-42-422 — AR Code / Title 14 / Chapter 42 / Subchapter 4 / Section 14-42-422
[Repealed]
Status: repealed

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019. Acts 1997, No. 728, § 2.

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

Acts 1997, No. 728, § 2.
Ark. Code Ann. § 14-206-108 — AR Code / Title 14 / Chapter 206 / Section 14-206-108
Decision upon application - Burden of proof
Status: in_force

(a) The Arkansas Public Service Commission shall render a decision upon the record either granting or denying the application as filed or granting it upon such terms, conditions, or modifications of the financing, acquisition, operation, or maintenance of the property as the commission may deem appropriate. The commission may not grant a certificate for the financing, acquisition, operation, and maintenance of any property, either as proposed or as modified by the commission, unless it shall find and determine: (1) The nature of the probable economic impact of the acquisition on the customers of the gas or electric public utility that owns the property and on the customers to be served by the municipality; (2) That the method of financing the acquisition, either as proposed or as modified by the commission, represents an acceptable economic impact, considering economic conditions and the need for and cost to the municipality of additional gas or electric public utility services; (3) That the acquisition of the properties, the gas or electric public utility functions to be performed, the operating procedures, the properties and equipment, and the use of the properties collectively provide reasonable assurance that the municipality will comply with all applicable laws, rules, and regulations and that the public health, safety, economy, and convenience will not be adversely affected; (4) That the municipality is technically and financially qualified to acquire and operate the proposed properties in accordance with all applicable laws, rules, and regulations; (5) That the issuance of the certificate will not be detrimental to the public health, safety, economy, and convenience; and (6) That the acquisition will serve the public interest, convenience, and necessity. (b) Any municipality which files an application for approval of the acquisition or purchase of any gas or electric utility property shall have the burden of proof with respect to every element of the application. The commission shall not approve any application for approval of the purchase or acquisition by any municipality of any property of a gas or electric public utility unless it shall be shown at the hearing upon the application for approval of the acquisition, by the clear preponderance of the evidence, that neither the gas or electric public utility nor the customers of the gas or electric public utility will be adversely affected by the proposed acquisition or purchase. Amended by Act 2019, No. 315,§ 1012, eff. 7/24/2019. Acts 1987, No. 110, § 6.

(a) The Arkansas Public Service Commission shall render a decision upon the record either granting or denying the application as filed or granting it upon such terms, conditions, or modifications of the financing, acquisition, operation, or maintenance of the property as the commission may deem appropriate. The commission may not grant a certificate for the financing, acquisition, operation, and maintenance of any property, either as proposed or as modified by the commission, unless it shall find and determine: (1) The nature of the probable economic impact of the acquisition on the customers of the gas or electric public utility that owns the property and on the customers to be served by the municipality; (2) That the method of financing the acquisition, either as proposed or as modified by the commission, represents an acceptable economic impact, considering economic conditions and the need for and cost to the municipality of additional gas or electric public utility services; (3) That the acquisition of the properties, the gas or electric public utility functions to be performed, the operating procedures, the properties and equipment, and the use of the properties collectively provide reasonable assurance that the municipality will comply with all applicable laws, rules, and regulations and that the public health, safety, economy, and convenience will not be adversely affected; (4) That the municipality is technically and financially qualified to acquire and operate the proposed properties in accordance with all applicable laws, rules, and regulations; (5) That the issuance of the certificate will not be detrimental to the public health, safety, economy, and convenience; and (6) That the acquisition will serve the public interest, convenience, and necessity.

(1) The nature of the probable economic impact of the acquisition on the customers of the gas or electric public utility that owns the property and on the customers to be served by the municipality;

(2) That the method of financing the acquisition, either as proposed or as modified by the commission, represents an acceptable economic impact, considering economic conditions and the need for and cost to the municipality of additional gas or electric public utility services;

(3) That the acquisition of the properties, the gas or electric public utility functions to be performed, the operating procedures, the properties and equipment, and the use of the properties collectively provide reasonable assurance that the municipality will comply with all applicable laws, rules, and regulations and that the public health, safety, economy, and convenience will not be adversely affected;

(4) That the municipality is technically and financially qualified to acquire and operate the proposed properties in accordance with all applicable laws, rules, and regulations;

(5) That the issuance of the certificate will not be detrimental to the public health, safety, economy, and convenience; and

(6) That the acquisition will serve the public interest, convenience, and necessity.

(b) Any municipality which files an application for approval of the acquisition or purchase of any gas or electric utility property shall have the burden of proof with respect to every element of the application. The commission shall not approve any application for approval of the purchase or acquisition by any municipality of any property of a gas or electric public utility unless it shall be shown at the hearing upon the application for approval of the acquisition, by the clear preponderance of the evidence, that neither the gas or electric public utility nor the customers of the gas or electric public utility will be adversely affected by the proposed acquisition or purchase.

Amended by Act 2019, No. 315,§ 1012, eff. 7/24/2019.

Acts 1987, No. 110, § 6.
Ark. Code Ann. § 14-125-508 — AR Code / Title 14 / Chapter 125 / Subchapter 5 / Section 14-125-508
Enforcement
Status: in_force

(a) Where the directors of any district shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with the provisions of §§ 14-125-501 - 14-125-507 and 14-125-509 are not being observed on particular lands and that the nonobservance tends to increase erosion on the lands and interferes with the prevention or control of erosion on other lands within the district, the directors may present to the chancery court for the county or counties within which the lands of the defendant may lie, a petition, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner to observe the regulations and to perform particular work, operations, or avoidances as required thereby, and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time, and to order that if the defendant shall fail so to perform, the directors may go on the land, perform the work or other operations, or otherwise bring the condition of the lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest, from the owner of the land. (b) Upon the presentation of the petition, the court shall cause process to be issued against the defendant and shall hear the case. (c) If it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take the evidence as it may direct and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. (d) The court may dismiss the petition, or it may require the defendant to perform the work, operations, or avoidances. It may also provide that upon the failure of the defendant to initiate the performance within the time specified in the order of the court and to prosecute the performance to completion with reasonable diligence, the directors may enter upon the lands involved and perform the work or operations or otherwise bring the condition of the lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of five percent (5%) per annum, from the owner of the lands. (e) The court shall retain jurisdiction of the case until after the work has been completed. (f) Upon completion of the work pursuant to the order of the court, the directors may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest. (g) The court shall have jurisdiction to enter judgment for the amount of such costs and expenses, with interest at the rate of five percent (5%) per annum until paid, together with the costs of suit, including a reasonable attorney's fee to be fixed by the court. Acts 1937, No. 197, § 10; Pope's Dig., § 11842; A.S.A. 1947, § 9-911.

(a) Where the directors of any district shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with the provisions of §§ 14-125-501 - 14-125-507 and 14-125-509 are not being observed on particular lands and that the nonobservance tends to increase erosion on the lands and interferes with the prevention or control of erosion on other lands within the district, the directors may present to the chancery court for the county or counties within which the lands of the defendant may lie, a petition, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner to observe the regulations and to perform particular work, operations, or avoidances as required thereby, and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time, and to order that if the defendant shall fail so to perform, the directors may go on the land, perform the work or other operations, or otherwise bring the condition of the lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest, from the owner of the land.

(b) Upon the presentation of the petition, the court shall cause process to be issued against the defendant and shall hear the case.

(c) If it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take the evidence as it may direct and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.

(d) The court may dismiss the petition, or it may require the defendant to perform the work, operations, or avoidances. It may also provide that upon the failure of the defendant to initiate the performance within the time specified in the order of the court and to prosecute the performance to completion with reasonable diligence, the directors may enter upon the lands involved and perform the work or operations or otherwise bring the condition of the lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of five percent (5%) per annum, from the owner of the lands.

(e) The court shall retain jurisdiction of the case until after the work has been completed.

(f) Upon completion of the work pursuant to the order of the court, the directors may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest.

(g) The court shall have jurisdiction to enter judgment for the amount of such costs and expenses, with interest at the rate of five percent (5%) per annum until paid, together with the costs of suit, including a reasonable attorney's fee to be fixed by the court.

Acts 1937, No. 197, § 10; Pope's Dig., § 11842; A.S.A. 1947, § 9-911.
Ark. Code Ann. § 14-91-901 — AR Code / Title 14 / Chapter 91 / Subchapter 9 / Section 14-91-901
Authority to connect
Status: in_force

All municipal sewer improvement districts shall have authority to permit lands outside the boundaries of the district to connect sewer lines serving the lands with the sewer lines and mains of the district and to make a charge for this privilege. Acts 1941, No. 53, § 1; A.S.A. 1947, § 20-332.

All municipal sewer improvement districts shall have authority to permit lands outside the boundaries of the district to connect sewer lines serving the lands with the sewer lines and mains of the district and to make a charge for this privilege.

Acts 1941, No. 53, § 1; A.S.A. 1947, § 20-332.
Ark. Code Ann. § 14-50-311 — AR Code / Title 14 / Chapter 50 / Subchapter 3 / Section 14-50-311
Discharge or reduction in rank or compensation
Status: in_force

(a) (1) No civil service employees under a system established or continued pursuant to this chapter shall be discharged or reduced in rank or compensation without being notified in writing of the discharge and the cause therefor. (2) In case of discharge or reduction, the affected or accused person shall have written notice of the action at the time it is taken. (b) (1) Within ten (10) days after the notice in writing is served upon the officer, private, or employee, he or she may request if he or she so desires a trial before the civil service commission on the charges alleged as grounds for discharge. (2) (A) In the event a request for trial is made, the commission shall fix a date for the trial not more than thirty (30) days after request therefor is made. (B) If the request for trial is not made within ten (10) days from the date of service of notice of discharge, the discharge shall become final and no trial shall be granted thereafter. (c) (1) In the event of a trial, the officer, private, or employee requesting the trial shall be notified of the date and place of the trial at least ten (10) days prior to the date thereof. (2) The employee shall have compulsory process to have witnesses present at the trial. (d) (1) (A) The chair of the commission shall preside at all trials and shall determine and decide all questions relative to pleadings and the admissibility of evidence. (B) The decision of the commission shall be by a majority vote of the members of the commission. (2) (A) In all trials under this section for cities having a mayor-council form of government and a population of not less than fifty-five thousand (55,000), the commission shall employ an attorney to advise and represent the commission. (B) The attorney shall not be the city attorney, nor shall he or she be associated with any attorney then employed by the city. (e) (1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within whose jurisdiction the commission is situated. (B) The appeal shall be taken by filing with the commission within thirty (30) days from the date of the decision a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission. (C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible. (2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court. (B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court. (f) In the event that it is finally determined that there was a wrongful discharge or reduction in rank of any employee, the employee shall be entitled to judgment against the city for whatever loss he or she may have sustained by reason of his or her discharge or demotion, taking into consideration any remuneration which the employee may have received from other sources pending the final determination of his or her case. Acts 1963, No. 221, §§ 7, 15; 1975, No. 260, § 1; A.S.A. 1947, §§ 19-1425, 19-1433.

(a) (1) No civil service employees under a system established or continued pursuant to this chapter shall be discharged or reduced in rank or compensation without being notified in writing of the discharge and the cause therefor. (2) In case of discharge or reduction, the affected or accused person shall have written notice of the action at the time it is taken.

(1) No civil service employees under a system established or continued pursuant to this chapter shall be discharged or reduced in rank or compensation without being notified in writing of the discharge and the cause therefor.

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

(b) (1) Within ten (10) days after the notice in writing is served upon the officer, private, or employee, he or she may request if he or she so desires a trial before the civil service commission on the charges alleged as grounds for discharge. (2) (A) In the event a request for trial is made, the commission shall fix a date for the trial not more than thirty (30) days after request therefor is made. (B) If the request for trial is not made within ten (10) days from the date of service of notice of discharge, the discharge shall become final and no trial shall be granted thereafter.

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

(2) (A) In the event a request for trial is made, the commission shall fix a date for the trial not more than thirty (30) days after request therefor is made. (B) If the request for trial is not made within ten (10) days from the date of service of notice of discharge, the discharge shall become final and no trial shall be granted thereafter.

(A) In the event a request for trial is made, the commission shall fix a date for the trial not more than thirty (30) days after request therefor is made.

(B) If the request for trial is not made within ten (10) days from the date of service of notice of discharge, the discharge shall become final and no trial shall be granted thereafter.

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

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

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

(d) (1) (A) The chair of the commission shall preside at all trials and shall determine and decide all questions relative to pleadings and the admissibility of evidence. (B) The decision of the commission shall be by a majority vote of the members of the commission. (2) (A) In all trials under this section for cities having a mayor-council form of government and a population of not less than fifty-five thousand (55,000), the commission shall employ an attorney to advise and represent the commission. (B) The attorney shall not be the city attorney, nor shall he or she be associated with any attorney then employed by the city.

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

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

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

(2) (A) In all trials under this section for cities having a mayor-council form of government and a population of not less than fifty-five thousand (55,000), the commission shall employ an attorney to advise and represent the commission. (B) The attorney shall not be the city attorney, nor shall he or she be associated with any attorney then employed by the city.

(A) In all trials under this section for cities having a mayor-council form of government and a population of not less than fifty-five thousand (55,000), the commission shall employ an attorney to advise and represent the commission.

(B) The attorney shall not be the city attorney, nor shall he or she be associated with any attorney then employed by the city.

(e) (1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within whose jurisdiction the commission is situated. (B) The appeal shall be taken by filing with the commission within thirty (30) days from the date of the decision a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission. (C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible. (2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court. (B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court.

(1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within whose jurisdiction the commission is situated. (B) The appeal shall be taken by filing with the commission within thirty (30) days from the date of the decision a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission. (C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible.

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

(B) The appeal shall be taken by filing with the commission within thirty (30) days from the date of the decision a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission.

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

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

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

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

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

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

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

Acts 1963, No. 221, §§ 7, 15; 1975, No. 260, § 1; A.S.A. 1947, §§ 19-1425, 19-1433.
Ark. Code Ann. § 14-298-120 — AR Code / Title 14 / Chapter 298 / Section 14-298-120
Opening, changing, and classifying roads by order of county court
Status: in_force

(a) (1) The county courts shall have power to: (A) Open new roads; (B) Make changes in old roads, as they deem necessary and proper; and (C) Classify the roads and bridges in their respective counties for the purposes of this section and § 27-67-212 . (2) (A) When the change shall be made or any new road opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc. (B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line. (3) An appropriate order of the county court shall be made and entered of record therefor. (b) (1) Any five (5) or more interested landowners may petition the county court for the opening of any road as a public road. (2) The petition shall give the starting point and terminus of the road, as well as intermediate points, and such other description or plat as will permit the location of the road by the county surveyor. (c) (1) (A) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties. (B) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road. (2) The petitioners shall cause notice to be served upon the landowners as provided by the Arkansas Rules of Civil Procedure. (d) (1) On filing the petition, the county court shall set a date for the hearing. (2) If service is not obtained, then by one (1) insertion for two (2) weeks at least thirty (30) days before the hearing in some newspaper having a general circulation in the county, the county clerk shall publish a notice as to the filing of the petition, naming the day on which the county court will hear the parties and those for and those against the opening of the road. (e) On the day named, the county court shall hear those for and against the opening of the petitioned road and shall grant or deny the prayer of the petitioners as may be deemed wise and expedient by the court and shall make and cause to be entered an appropriate court order either laying out or changing the road or denying the petition. (f) Upon the entry of the foregoing order of the county court, the clerk of the court within ten (10) days shall cause a copy of the order to be served upon each of the owners of record of any lands affected by the order. The service shall be in the form and manner provided by law for service in civil actions. (g) Upon return to be made by the sheriff showing service of the order upon any landowner, the clerk shall note in the records of the county court the record of the service, showing the date thereof and the person served, which shall be and become a part of the permanent records of the court. (h) Upon the entry of the order by the county court, the records shall constitute valid constructive notice to all subsequent purchasers of the lands and all other persons acquiring or holding the lands by or through the landowners affected. (i) If the owner of the land over which any road shall hereafter be so laid out by the court shall refuse to give a right-of-way therefor, then the owner shall have the right to present his or her verified claim to the county court for damages the owner may claim by reason of the road's being laid out on his or her land. (j) If the owner is not satisfied with the amount allowed by the court, he or she shall have the right to appeal, as now provided by law from judgments of the county court. (k) However, no claim shall be presented for such damages after twelve (12) months from the date of the service of the order as provided in this section. When the order is made and entered of record laying out or changing any road, the county court or judge thereof shall have the right to enter upon the lands of the owner and proceed with the construction of the road. All damages allowed under this section shall be paid out of any funds appropriated for roads and bridges, and if no funds are so appropriated, then damages shall be paid out of the general revenue fund of the county. (l) This section and § 27-67-212 shall be cumulative to all existing laws and parts of laws, and shall not be construed as to repeal any existing laws or parts of laws, unless they are in conflict herewith, and then only to the extent of the conflict. Acts 1965, No. 387, §§ 1, 2, 4; A.S.A. 1947, §§ 76-926, 76-927, 76-928n; Acts 2005, No. 1200, § 12.

(a) (1) The county courts shall have power to: (A) Open new roads; (B) Make changes in old roads, as they deem necessary and proper; and (C) Classify the roads and bridges in their respective counties for the purposes of this section and § 27-67-212 . (2) (A) When the change shall be made or any new road opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc. (B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line. (3) An appropriate order of the county court shall be made and entered of record therefor.

(1) The county courts shall have power to: (A) Open new roads; (B) Make changes in old roads, as they deem necessary and proper; and (C) Classify the roads and bridges in their respective counties for the purposes of this section and § 27-67-212 .

(A) Open new roads;

(B) Make changes in old roads, as they deem necessary and proper; and

(C) Classify the roads and bridges in their respective counties for the purposes of this section and § 27-67-212 .

(2) (A) When the change shall be made or any new road opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc. (B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.

(A) When the change shall be made or any new road opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc.

(B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.

(3) An appropriate order of the county court shall be made and entered of record therefor.

(b) (1) Any five (5) or more interested landowners may petition the county court for the opening of any road as a public road. (2) The petition shall give the starting point and terminus of the road, as well as intermediate points, and such other description or plat as will permit the location of the road by the county surveyor.

(1) Any five (5) or more interested landowners may petition the county court for the opening of any road as a public road.

(2) The petition shall give the starting point and terminus of the road, as well as intermediate points, and such other description or plat as will permit the location of the road by the county surveyor.

(c) (1) (A) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties. (B) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road. (2) The petitioners shall cause notice to be served upon the landowners as provided by the Arkansas Rules of Civil Procedure.

(1) (A) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties. (B) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road.

(A) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties.

(B) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road.

(2) The petitioners shall cause notice to be served upon the landowners as provided by the Arkansas Rules of Civil Procedure.

(d) (1) On filing the petition, the county court shall set a date for the hearing. (2) If service is not obtained, then by one (1) insertion for two (2) weeks at least thirty (30) days before the hearing in some newspaper having a general circulation in the county, the county clerk shall publish a notice as to the filing of the petition, naming the day on which the county court will hear the parties and those for and those against the opening of the road.

(1) On filing the petition, the county court shall set a date for the hearing.

(2) If service is not obtained, then by one (1) insertion for two (2) weeks at least thirty (30) days before the hearing in some newspaper having a general circulation in the county, the county clerk shall publish a notice as to the filing of the petition, naming the day on which the county court will hear the parties and those for and those against the opening of the road.

(e) On the day named, the county court shall hear those for and against the opening of the petitioned road and shall grant or deny the prayer of the petitioners as may be deemed wise and expedient by the court and shall make and cause to be entered an appropriate court order either laying out or changing the road or denying the petition.

(f) Upon the entry of the foregoing order of the county court, the clerk of the court within ten (10) days shall cause a copy of the order to be served upon each of the owners of record of any lands affected by the order. The service shall be in the form and manner provided by law for service in civil actions.

(g) Upon return to be made by the sheriff showing service of the order upon any landowner, the clerk shall note in the records of the county court the record of the service, showing the date thereof and the person served, which shall be and become a part of the permanent records of the court.

(h) Upon the entry of the order by the county court, the records shall constitute valid constructive notice to all subsequent purchasers of the lands and all other persons acquiring or holding the lands by or through the landowners affected.

(i) If the owner of the land over which any road shall hereafter be so laid out by the court shall refuse to give a right-of-way therefor, then the owner shall have the right to present his or her verified claim to the county court for damages the owner may claim by reason of the road's being laid out on his or her land.

(j) If the owner is not satisfied with the amount allowed by the court, he or she shall have the right to appeal, as now provided by law from judgments of the county court.

(k) However, no claim shall be presented for such damages after twelve (12) months from the date of the service of the order as provided in this section. When the order is made and entered of record laying out or changing any road, the county court or judge thereof shall have the right to enter upon the lands of the owner and proceed with the construction of the road. All damages allowed under this section shall be paid out of any funds appropriated for roads and bridges, and if no funds are so appropriated, then damages shall be paid out of the general revenue fund of the county.

(l) This section and § 27-67-212 shall be cumulative to all existing laws and parts of laws, and shall not be construed as to repeal any existing laws or parts of laws, unless they are in conflict herewith, and then only to the extent of the conflict.

Acts 1965, No. 387, §§ 1, 2, 4; A.S.A. 1947, §§ 76-926, 76-927, 76-928n; Acts 2005, No. 1200, § 12.