Ark. Code Ann. § 14-262-104 — AR Code / Title 14 / Chapter 262 / Section 14-262-104
County health officer
Status: in_force

(a) The office of county health officer is created in each county within the state. (b) The State Board of Health, upon recommendation of the county judge, shall appoint for each county in this state a health officer who shall serve a term of four (4) years and may be reappointed for additional terms. (c) (1) The county health officer shall be a graduate of an accredited and reputable medical or osteopathic university, shall be licensed to practice medicine in Arkansas, and shall have had at least three (3) years' experience in the practice of medicine in this state. (2) Time spent in the practice of medicine while in the services of the United States Armed Forces shall be accepted as equivalent to time spent in the practice of medicine in Arkansas. (d) (1) (A) The county health officer shall serve as a key public health representative in the local community. (B) The duties of the county health officer shall include without limitation: (i) Promoting the use of local health unit services; (ii) Advocating for public health policy initiatives with local and state policy makers; (iii) Providing assistance to local public health education and promotion of initiatives; and (iv) Establishing a regular communication process with the local health unit administrator. (2) The county health officer also shall aid and assist the board and collaborate with the State Health Officer and the Department of Health in county emergency preparedness response and planning including without limitation: (A) Implementing orders of the State Health Officer if isolation, quarantine, or emergency legal measures are required; (B) Participating in the development, review, or both development and review of local emergency plans; and (C) Serving as a local spokesperson to media, general public, and medical community in the event of a public health emergency. (3) The county health officer also shall support the board, the State Health Officer, and the department with any infectious or communicable disease outbreaks by, without limitation: (A) Assisting in containment and management of an infectious disease outbreak under the direction of state public health officials; (B) Providing prescriptive support for medication as appropriate; and (C) Serving as local spokesperson to media, the community at large, and the medical community in the event of infectious disease outbreak based on information provided by the department. (e) The county health officer shall make reports to the board and the department as requested. (f) The county health officer also shall perform other duties as prescribed under rules of the board. (g) The county health officer may receive an annual salary to be fixed by the county court, which may be payable monthly out of the county treasury. (h) Upon the failure of the county health officer to perform the duties of his or her office, as required by this section, he or she may be removed by the board. (i) When performing official duties, a county health officer is immune from civil suit and liability in the same manner officers and employees of the State of Arkansas are immune under § 19-10-305 and Arkansas Constitution, Article 5, § 20. Acts 1913, No. 96, § 13; C. & M. Dig., § 5153; Pope's Dig., § 6432; Acts 1949, No. 79, § 1; A.S.A. 1947, § 82-201; Acts 2009, No. 696, § 1.

(a) The office of county health officer is created in each county within the state.

(b) The State Board of Health, upon recommendation of the county judge, shall appoint for each county in this state a health officer who shall serve a term of four (4) years and may be reappointed for additional terms.

(c) (1) The county health officer shall be a graduate of an accredited and reputable medical or osteopathic university, shall be licensed to practice medicine in Arkansas, and shall have had at least three (3) years' experience in the practice of medicine in this state. (2) Time spent in the practice of medicine while in the services of the United States Armed Forces shall be accepted as equivalent to time spent in the practice of medicine in Arkansas.

(1) The county health officer shall be a graduate of an accredited and reputable medical or osteopathic university, shall be licensed to practice medicine in Arkansas, and shall have had at least three (3) years' experience in the practice of medicine in this state.

(2) Time spent in the practice of medicine while in the services of the United States Armed Forces shall be accepted as equivalent to time spent in the practice of medicine in Arkansas.

(d) (1) (A) The county health officer shall serve as a key public health representative in the local community. (B) The duties of the county health officer shall include without limitation: (i) Promoting the use of local health unit services; (ii) Advocating for public health policy initiatives with local and state policy makers; (iii) Providing assistance to local public health education and promotion of initiatives; and (iv) Establishing a regular communication process with the local health unit administrator. (2) The county health officer also shall aid and assist the board and collaborate with the State Health Officer and the Department of Health in county emergency preparedness response and planning including without limitation: (A) Implementing orders of the State Health Officer if isolation, quarantine, or emergency legal measures are required; (B) Participating in the development, review, or both development and review of local emergency plans; and (C) Serving as a local spokesperson to media, general public, and medical community in the event of a public health emergency. (3) The county health officer also shall support the board, the State Health Officer, and the department with any infectious or communicable disease outbreaks by, without limitation: (A) Assisting in containment and management of an infectious disease outbreak under the direction of state public health officials; (B) Providing prescriptive support for medication as appropriate; and (C) Serving as local spokesperson to media, the community at large, and the medical community in the event of infectious disease outbreak based on information provided by the department.

(1) (A) The county health officer shall serve as a key public health representative in the local community. (B) The duties of the county health officer shall include without limitation: (i) Promoting the use of local health unit services; (ii) Advocating for public health policy initiatives with local and state policy makers; (iii) Providing assistance to local public health education and promotion of initiatives; and (iv) Establishing a regular communication process with the local health unit administrator.

(A) The county health officer shall serve as a key public health representative in the local community.

(B) The duties of the county health officer shall include without limitation: (i) Promoting the use of local health unit services; (ii) Advocating for public health policy initiatives with local and state policy makers; (iii) Providing assistance to local public health education and promotion of initiatives; and (iv) Establishing a regular communication process with the local health unit administrator.

(i) Promoting the use of local health unit services;

(ii) Advocating for public health policy initiatives with local and state policy makers;

(iii) Providing assistance to local public health education and promotion of initiatives; and

(iv) Establishing a regular communication process with the local health unit administrator.

(2) The county health officer also shall aid and assist the board and collaborate with the State Health Officer and the Department of Health in county emergency preparedness response and planning including without limitation: (A) Implementing orders of the State Health Officer if isolation, quarantine, or emergency legal measures are required; (B) Participating in the development, review, or both development and review of local emergency plans; and (C) Serving as a local spokesperson to media, general public, and medical community in the event of a public health emergency.

(A) Implementing orders of the State Health Officer if isolation, quarantine, or emergency legal measures are required;

(B) Participating in the development, review, or both development and review of local emergency plans; and

(C) Serving as a local spokesperson to media, general public, and medical community in the event of a public health emergency.

(3) The county health officer also shall support the board, the State Health Officer, and the department with any infectious or communicable disease outbreaks by, without limitation: (A) Assisting in containment and management of an infectious disease outbreak under the direction of state public health officials; (B) Providing prescriptive support for medication as appropriate; and (C) Serving as local spokesperson to media, the community at large, and the medical community in the event of infectious disease outbreak based on information provided by the department.

(A) Assisting in containment and management of an infectious disease outbreak under the direction of state public health officials;

(B) Providing prescriptive support for medication as appropriate; and

(C) Serving as local spokesperson to media, the community at large, and the medical community in the event of infectious disease outbreak based on information provided by the department.

(e) The county health officer shall make reports to the board and the department as requested.

(f) The county health officer also shall perform other duties as prescribed under rules of the board.

(g) The county health officer may receive an annual salary to be fixed by the county court, which may be payable monthly out of the county treasury.

(h) Upon the failure of the county health officer to perform the duties of his or her office, as required by this section, he or she may be removed by the board.

(i) When performing official duties, a county health officer is immune from civil suit and liability in the same manner officers and employees of the State of Arkansas are immune under § 19-10-305 and Arkansas Constitution, Article 5, § 20.

Acts 1913, No. 96, § 13; C. & M. Dig., § 5153; Pope's Dig., § 6432; Acts 1949, No. 79, § 1; A.S.A. 1947, § 82-201; Acts 2009, No. 696, § 1.
Ark. Code Ann. § 14-144-203 — AR Code / Title 14 / Chapter 144 / Subchapter 2 / Section 14-144-203
Research park authority board
Status: in_force

(a) Subject to any limitations created in the agreement required under § 14-144-201(c) , the management and control of each research park authority and its property, operations, business, and affairs shall be lodged in a research park authority board of not less than five (5) nor more than seven (7) natural persons who shall be appointed for terms of five (5) years each. (b) (1) The number of members of the board to which each of the participating governmental bodies is entitled shall be set forth in the agreement required under § 14-144-201(c) . (2) However, each of the participating governmental bodies shall be entitled to appoint at least one (1) member. (3) Appointments of members shall be made: (A) For a municipality, by the mayor; (B) For a county, by the county judge; (C) For an accredited institution of higher education, by the president or chancellor of the accredited institution of higher education; and (D) For a state agency, by the Governor. (c) (1) The members shall serve staggered terms. (2) Upon taking office, the members shall draw lots so that: (A) One (1) member shall have a one-year term; (B) One (1) member shall have a two-year term; (C) One (1) member shall have a three-year term; (D) One (1) member shall have a four-year term; and (E) One (1) member shall have a five-year term. (3) A sixth or seventh member shall serve a five-year term. (4) After the expiration of their respective terms, persons reappointed to the board or their successors shall serve five-year terms. (5) A person shall not serve as a member for more than a total of ten (10) consecutive years. (d) (1) A member appointed by a mayor or county judge shall be a bona fide resident and qualified elector of the municipality or county of the appointing mayor or county judge. (2) A member of the board appointed by the president or chancellor of the accredited institution of higher education shall be a bona fide resident and qualified elector of the institution's metropolitan statistical area or the county in which the main campus of the institution is located if the main campus is not the institution's metropolitan statistical area. (3) A member appointed by the Governor shall be a bona fide resident and a qualified elector of the State of Arkansas. (e) If a member dies, resigns, is removed, or for any other reason ceases to be a member of the board, the officer who appointed the member shall appoint another eligible person to fill the unexpired portion of the term of the member. (f) A member once qualified shall not be removed during his or her term except for cause by the mayor, county judge, president or chancellor of the accredited institution of higher education or Governor who appointed the member or upon such other conditions as may be set forth in the agreement required under § 14-144-201(c) . (g) (1) A member shall not receive any compensation whether in the form of salary, per diem allowance, or in another form for or in connection with his or her services as a member. (2) However, each member shall be entitled to reimbursement by the board for any necessary expenditures in connection with the performance of his or her general duties as a member. Acts 2007, No. 1045, § 1.

(a) Subject to any limitations created in the agreement required under § 14-144-201(c) , the management and control of each research park authority and its property, operations, business, and affairs shall be lodged in a research park authority board of not less than five (5) nor more than seven (7) natural persons who shall be appointed for terms of five (5) years each.

(b) (1) The number of members of the board to which each of the participating governmental bodies is entitled shall be set forth in the agreement required under § 14-144-201(c) . (2) However, each of the participating governmental bodies shall be entitled to appoint at least one (1) member. (3) Appointments of members shall be made: (A) For a municipality, by the mayor; (B) For a county, by the county judge; (C) For an accredited institution of higher education, by the president or chancellor of the accredited institution of higher education; and (D) For a state agency, by the Governor.

(1) The number of members of the board to which each of the participating governmental bodies is entitled shall be set forth in the agreement required under § 14-144-201(c) .

(2) However, each of the participating governmental bodies shall be entitled to appoint at least one (1) member.

(3) Appointments of members shall be made: (A) For a municipality, by the mayor; (B) For a county, by the county judge; (C) For an accredited institution of higher education, by the president or chancellor of the accredited institution of higher education; and (D) For a state agency, by the Governor.

(A) For a municipality, by the mayor;

(B) For a county, by the county judge;

(C) For an accredited institution of higher education, by the president or chancellor of the accredited institution of higher education; and

(D) For a state agency, by the Governor.

(c) (1) The members shall serve staggered terms. (2) Upon taking office, the members shall draw lots so that: (A) One (1) member shall have a one-year term; (B) One (1) member shall have a two-year term; (C) One (1) member shall have a three-year term; (D) One (1) member shall have a four-year term; and (E) One (1) member shall have a five-year term. (3) A sixth or seventh member shall serve a five-year term. (4) After the expiration of their respective terms, persons reappointed to the board or their successors shall serve five-year terms. (5) A person shall not serve as a member for more than a total of ten (10) consecutive years.

(1) The members shall serve staggered terms.

(2) Upon taking office, the members shall draw lots so that: (A) One (1) member shall have a one-year term; (B) One (1) member shall have a two-year term; (C) One (1) member shall have a three-year term; (D) One (1) member shall have a four-year term; and (E) One (1) member shall have a five-year term.

(A) One (1) member shall have a one-year term;

(B) One (1) member shall have a two-year term;

(C) One (1) member shall have a three-year term;

(D) One (1) member shall have a four-year term; and

(E) One (1) member shall have a five-year term.

(3) A sixth or seventh member shall serve a five-year term.

(4) After the expiration of their respective terms, persons reappointed to the board or their successors shall serve five-year terms.

(5) A person shall not serve as a member for more than a total of ten (10) consecutive years.

(d) (1) A member appointed by a mayor or county judge shall be a bona fide resident and qualified elector of the municipality or county of the appointing mayor or county judge. (2) A member of the board appointed by the president or chancellor of the accredited institution of higher education shall be a bona fide resident and qualified elector of the institution's metropolitan statistical area or the county in which the main campus of the institution is located if the main campus is not the institution's metropolitan statistical area. (3) A member appointed by the Governor shall be a bona fide resident and a qualified elector of the State of Arkansas.

(1) A member appointed by a mayor or county judge shall be a bona fide resident and qualified elector of the municipality or county of the appointing mayor or county judge.

(2) A member of the board appointed by the president or chancellor of the accredited institution of higher education shall be a bona fide resident and qualified elector of the institution's metropolitan statistical area or the county in which the main campus of the institution is located if the main campus is not the institution's metropolitan statistical area.

(3) A member appointed by the Governor shall be a bona fide resident and a qualified elector of the State of Arkansas.

(e) If a member dies, resigns, is removed, or for any other reason ceases to be a member of the board, the officer who appointed the member shall appoint another eligible person to fill the unexpired portion of the term of the member.

(f) A member once qualified shall not be removed during his or her term except for cause by the mayor, county judge, president or chancellor of the accredited institution of higher education or Governor who appointed the member or upon such other conditions as may be set forth in the agreement required under § 14-144-201(c) .

(g) (1) A member shall not receive any compensation whether in the form of salary, per diem allowance, or in another form for or in connection with his or her services as a member. (2) However, each member shall be entitled to reimbursement by the board for any necessary expenditures in connection with the performance of his or her general duties as a member.

(1) A member shall not receive any compensation whether in the form of salary, per diem allowance, or in another form for or in connection with his or her services as a member.

(2) However, each member shall be entitled to reimbursement by the board for any necessary expenditures in connection with the performance of his or her general duties as a member.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-235-210 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-210
Power of eminent domain
Status: in_force

(a) (1) Under this subchapter, every municipality shall have power to condemn any works to be acquired and any land, rights, easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any works, or for extensions, improvements, or additions to them. In this connection, they may have and exercise all the rights, powers, and privileges of eminent domain granted to municipalities under the laws relating to them. (2) Title to property condemned shall be taken in the name of the municipality. (3) Proceedings for such appropriation of property shall be under and pursuant to the provisions of §§ 18-15-301 - 18-15-303 and any acts supplemental to it. However, a municipality shall be under no obligation to accept and pay for any property condemned or purchased except from the funds provided pursuant to this subchapter. (4) (A) In any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned. (B) An undertaking or other security may be required securing the owners against any loss or damage to be sustained by reason of the failure of the municipality to accept and pay for the property. However, the undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this subchapter. (b) In event of the acquisition by purchase, the sewer committee may obtain and exercise an option from the owner of the property for the purchase of it, or may enter into a contract for the purchase of it, and the purchase may be made upon such terms and conditions, and in such manner, as the committee may deem proper. (c) In event of the acquisition of any works already constructed by purchase or condemnation, the committee, at or before the time of the adoption of the ordinance described in § 14-235-213 , shall cause to be determined what repairs, replacements, additions, and betterments will be necessary in order that the works may be effective for their purpose. An estimate of the cost of these improvements shall be included in the estimate of cost required by § 14-235-213 , and improvement shall be made upon the acquisition of the works and as a part of the cost of them. Acts 1933, No. 132, § 5; Pope's Dig., § 9981; A.S.A. 1947, § 19-4105.

(a) (1) Under this subchapter, every municipality shall have power to condemn any works to be acquired and any land, rights, easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any works, or for extensions, improvements, or additions to them. In this connection, they may have and exercise all the rights, powers, and privileges of eminent domain granted to municipalities under the laws relating to them. (2) Title to property condemned shall be taken in the name of the municipality. (3) Proceedings for such appropriation of property shall be under and pursuant to the provisions of §§ 18-15-301 - 18-15-303 and any acts supplemental to it. However, a municipality shall be under no obligation to accept and pay for any property condemned or purchased except from the funds provided pursuant to this subchapter. (4) (A) In any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned. (B) An undertaking or other security may be required securing the owners against any loss or damage to be sustained by reason of the failure of the municipality to accept and pay for the property. However, the undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this subchapter.

(1) Under this subchapter, every municipality shall have power to condemn any works to be acquired and any land, rights, easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any works, or for extensions, improvements, or additions to them. In this connection, they may have and exercise all the rights, powers, and privileges of eminent domain granted to municipalities under the laws relating to them.

(2) Title to property condemned shall be taken in the name of the municipality.

(3) Proceedings for such appropriation of property shall be under and pursuant to the provisions of §§ 18-15-301 - 18-15-303 and any acts supplemental to it. However, a municipality shall be under no obligation to accept and pay for any property condemned or purchased except from the funds provided pursuant to this subchapter.

(4) (A) In any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned. (B) An undertaking or other security may be required securing the owners against any loss or damage to be sustained by reason of the failure of the municipality to accept and pay for the property. However, the undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this subchapter.

(A) In any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned.

(B) An undertaking or other security may be required securing the owners against any loss or damage to be sustained by reason of the failure of the municipality to accept and pay for the property. However, the undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this subchapter.

(b) In event of the acquisition by purchase, the sewer committee may obtain and exercise an option from the owner of the property for the purchase of it, or may enter into a contract for the purchase of it, and the purchase may be made upon such terms and conditions, and in such manner, as the committee may deem proper.

(c) In event of the acquisition of any works already constructed by purchase or condemnation, the committee, at or before the time of the adoption of the ordinance described in § 14-235-213 , shall cause to be determined what repairs, replacements, additions, and betterments will be necessary in order that the works may be effective for their purpose. An estimate of the cost of these improvements shall be included in the estimate of cost required by § 14-235-213 , and improvement shall be made upon the acquisition of the works and as a part of the cost of them.

Acts 1933, No. 132, § 5; Pope's Dig., § 9981; A.S.A. 1947, § 19-4105.
Ark. Code Ann. § 14-37-108 — AR Code / Title 14 / Chapter 37 / Section 14-37-108
Application for advancement between census periods
Status: in_force

(a) The Auditor of State, Secretary of State, and Attorney General may declare incorporated towns cities of the second class, and cities of the second class cities of the first class, between the periods fixed in § 14-37-107(a) , upon application from any incorporated town or city of the second class, accompanied by a resolution adopted by the town or city council, asking to be so declared a city of the first or second class, as the case may be. (b) The application shall be accompanied with satisfactory evidence showing the population of the town or city to be large enough to entitle it to such advancement. Acts 1875, No. 1, § 3, p. 1; C. & M. Dig., § 7453; Pope's Dig., § 9486; A.S.A. 1947, § 19-211.

(a) The Auditor of State, Secretary of State, and Attorney General may declare incorporated towns cities of the second class, and cities of the second class cities of the first class, between the periods fixed in § 14-37-107(a) , upon application from any incorporated town or city of the second class, accompanied by a resolution adopted by the town or city council, asking to be so declared a city of the first or second class, as the case may be.

(b) The application shall be accompanied with satisfactory evidence showing the population of the town or city to be large enough to entitle it to such advancement.

Acts 1875, No. 1, § 3, p. 1; C. & M. Dig., § 7453; Pope's Dig., § 9486; A.S.A. 1947, § 19-211.
Ark. Code Ann. § 14-305-105 — AR Code / Title 14 / Chapter 305 / Section 14-305-105
Application process - Criteria for selection
Status: in_force

(a) (1) After completing training in best management practices, a county may submit an application to receive funding for an unpaved road project to the Department of Agriculture. (2) The department shall: (A) Determine which of the proposed unpaved road projects to fund based on the criteria and requirements stated in this chapter; and (B) Create an advisory committee to assist the department in evaluating applications and determining which proposed unpaved road projects to fund. (b) A county applying for funding for an unpaved road project shall submit an application to the department that includes the following: (1) A brief description of the maintenance needs to be addressed by the unpaved road project; (2) A cost estimate for the unpaved road project; (3) A proposed work schedule for the unpaved road project; (4) The basis for successful completion of the unpaved road project with citation to the relevant feature contained in subsection (c) of this section; (5) A plan for using best management practices; (6) A description of the unpaved road project site, including without limitation a site map; and (7) Any other information requested by the department. (c) The proposed unpaved road project shall be located in a watershed area with at least one (1) of the following features, listed in order of priority: (1) An aquatic species that the United States Government has listed as a threatened, endangered, or candidate species; (2) A water body that has been determined to be impaired as a result of turbidity or sediment; (3) A drinking water source; (4) An interstate water body; (5) A species that the Arkansas State Game and Fish Commission has declared is of greatest conservation need; (6) An agricultural or pasture land use; or (7) A forestry land use. (d) The proposed unpaved road project shall not include the paving or chipping and sealing of a dirt or gravel road. (e) The department shall evaluate and prioritize each proposed unpaved road project based on the characteristics of the road contributing to erosion. Amended by Act 2021, No. 901,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 45, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 44, eff. 7/1/2019. Added by Act 2015, No. 898,§ 1, eff. 7/22/2015.

(a) (1) After completing training in best management practices, a county may submit an application to receive funding for an unpaved road project to the Department of Agriculture. (2) The department shall: (A) Determine which of the proposed unpaved road projects to fund based on the criteria and requirements stated in this chapter; and (B) Create an advisory committee to assist the department in evaluating applications and determining which proposed unpaved road projects to fund.

(1) After completing training in best management practices, a county may submit an application to receive funding for an unpaved road project to the Department of Agriculture.

(2) The department shall: (A) Determine which of the proposed unpaved road projects to fund based on the criteria and requirements stated in this chapter; and (B) Create an advisory committee to assist the department in evaluating applications and determining which proposed unpaved road projects to fund.

(A) Determine which of the proposed unpaved road projects to fund based on the criteria and requirements stated in this chapter; and

(B) Create an advisory committee to assist the department in evaluating applications and determining which proposed unpaved road projects to fund.

(b) A county applying for funding for an unpaved road project shall submit an application to the department that includes the following: (1) A brief description of the maintenance needs to be addressed by the unpaved road project; (2) A cost estimate for the unpaved road project; (3) A proposed work schedule for the unpaved road project; (4) The basis for successful completion of the unpaved road project with citation to the relevant feature contained in subsection (c) of this section; (5) A plan for using best management practices; (6) A description of the unpaved road project site, including without limitation a site map; and (7) Any other information requested by the department.

(1) A brief description of the maintenance needs to be addressed by the unpaved road project;

(2) A cost estimate for the unpaved road project;

(3) A proposed work schedule for the unpaved road project;

(4) The basis for successful completion of the unpaved road project with citation to the relevant feature contained in subsection (c) of this section;

(5) A plan for using best management practices;

(6) A description of the unpaved road project site, including without limitation a site map; and

(7) Any other information requested by the department.

(c) The proposed unpaved road project shall be located in a watershed area with at least one (1) of the following features, listed in order of priority: (1) An aquatic species that the United States Government has listed as a threatened, endangered, or candidate species; (2) A water body that has been determined to be impaired as a result of turbidity or sediment; (3) A drinking water source; (4) An interstate water body; (5) A species that the Arkansas State Game and Fish Commission has declared is of greatest conservation need; (6) An agricultural or pasture land use; or (7) A forestry land use.

(1) An aquatic species that the United States Government has listed as a threatened, endangered, or candidate species;

(2) A water body that has been determined to be impaired as a result of turbidity or sediment;

(3) A drinking water source;

(4) An interstate water body;

(5) A species that the Arkansas State Game and Fish Commission has declared is of greatest conservation need;

(6) An agricultural or pasture land use; or

(7) A forestry land use.

(d) The proposed unpaved road project shall not include the paving or chipping and sealing of a dirt or gravel road.

(e) The department shall evaluate and prioritize each proposed unpaved road project based on the characteristics of the road contributing to erosion.

Amended by Act 2021, No. 901,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 45, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 44, eff. 7/1/2019.

Added by Act 2015, No. 898,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-42-123 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-123
Uniform catastrophic leave program - Definition
Status: in_force

(a) As used in this section, "municipality" means a city of the first class, a city of the second class, or an incorporated town. (b) (1) A municipality may develop, implement, and maintain a catastrophic leave program by ordinance. (2) A municipal employee may irrevocably donate his or her accrued leave to a catastrophic leave program at the option of the municipal employee. (3) A municipality may create a "presumptive illness list" of illnesses that are presumed to qualify for catastrophic leave, if the municipality creates the list based on peer-reviewed scientific data. (c) Catastrophic leave with pay may be granted to a municipal employee if the municipal employee is unable to perform his or her duties due to a catastrophic illness and is, or is reasonably expected to be, on leave without pay as a result of the need for catastrophic leave. (d) A municipal employee may be eligible for catastrophic leave under this section if the municipal employee: (1) Works full time; (2) Has been employed by the municipality for the immediately preceding five (5) consecutive years or more in a full-time position, unless the municipality determines a shorter term of years is appropriate; (3) Has exhausted all available leave time; (4) (A) An acceptable medical certificate from a physician supporting the continuing absence is on file and includes without limitation an approximate date of return. (B) A municipality may require a municipal employee to receive more than one (1) physician opinion; and (5) Has not been disciplined or counseled for an abuse of leave during the immediately preceding five (5) years. (e) Unless the municipality determines otherwise, catastrophic leave is not available to a municipal employee under this section if the municipal employee has applied for catastrophic leave as a result of an illness or injury that is covered by workers' compensation benefits under applicable law. (f) Catastrophic leave under this section shall: (1) Run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3; (2) Be donated and taken in one-hour increments and donated or applied for on approved forms; (3) Not be awarded retroactively; and (4) Be awarded only if catastrophic leave is available in the municipality's catastrophic leave program. Added by Act 2019, No. 883,§ 1, eff. 7/24/2019.

(a) As used in this section, "municipality" means a city of the first class, a city of the second class, or an incorporated town.

(b) (1) A municipality may develop, implement, and maintain a catastrophic leave program by ordinance. (2) A municipal employee may irrevocably donate his or her accrued leave to a catastrophic leave program at the option of the municipal employee. (3) A municipality may create a "presumptive illness list" of illnesses that are presumed to qualify for catastrophic leave, if the municipality creates the list based on peer-reviewed scientific data.

(1) A municipality may develop, implement, and maintain a catastrophic leave program by ordinance.

(2) A municipal employee may irrevocably donate his or her accrued leave to a catastrophic leave program at the option of the municipal employee.

(3) A municipality may create a "presumptive illness list" of illnesses that are presumed to qualify for catastrophic leave, if the municipality creates the list based on peer-reviewed scientific data.

(c) Catastrophic leave with pay may be granted to a municipal employee if the municipal employee is unable to perform his or her duties due to a catastrophic illness and is, or is reasonably expected to be, on leave without pay as a result of the need for catastrophic leave.

(d) A municipal employee may be eligible for catastrophic leave under this section if the municipal employee: (1) Works full time; (2) Has been employed by the municipality for the immediately preceding five (5) consecutive years or more in a full-time position, unless the municipality determines a shorter term of years is appropriate; (3) Has exhausted all available leave time; (4) (A) An acceptable medical certificate from a physician supporting the continuing absence is on file and includes without limitation an approximate date of return. (B) A municipality may require a municipal employee to receive more than one (1) physician opinion; and (5) Has not been disciplined or counseled for an abuse of leave during the immediately preceding five (5) years.

(1) Works full time;

(2) Has been employed by the municipality for the immediately preceding five (5) consecutive years or more in a full-time position, unless the municipality determines a shorter term of years is appropriate;

(3) Has exhausted all available leave time;

(4) (A) An acceptable medical certificate from a physician supporting the continuing absence is on file and includes without limitation an approximate date of return. (B) A municipality may require a municipal employee to receive more than one (1) physician opinion; and

(A) An acceptable medical certificate from a physician supporting the continuing absence is on file and includes without limitation an approximate date of return.

(B) A municipality may require a municipal employee to receive more than one (1) physician opinion; and

(5) Has not been disciplined or counseled for an abuse of leave during the immediately preceding five (5) years.

(e) Unless the municipality determines otherwise, catastrophic leave is not available to a municipal employee under this section if the municipal employee has applied for catastrophic leave as a result of an illness or injury that is covered by workers' compensation benefits under applicable law.

(f) Catastrophic leave under this section shall: (1) Run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3; (2) Be donated and taken in one-hour increments and donated or applied for on approved forms; (3) Not be awarded retroactively; and (4) Be awarded only if catastrophic leave is available in the municipality's catastrophic leave program.

(1) Run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3;

(2) Be donated and taken in one-hour increments and donated or applied for on approved forms;

(3) Not be awarded retroactively; and

(4) Be awarded only if catastrophic leave is available in the municipality's catastrophic leave program.

Added by Act 2019, No. 883,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 14-1-606 — AR Code / Title 14 / Chapter 1 / Subchapter 6 / Section 14-1-606
Ownership of digital asset mining business by prohibited foreign-party-controlled business prohibited - definitions - penalty - reporting
Status: in_force

(a) As used in this section: (1) "Interest" means an ownership interest of greater than zero percent (0%); (2) "Prohibited foreign-party-controlled business" means a digital asset mining business in which a prohibited foreign party owns an interest; and (3) "Prohibited foreign party" means: (A) A citizen, resident, or agent of a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; (B) A foreign government formed within a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; (C) A party other than an individual or a government that is created or organized under the laws of a foreign government within a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; (D) Any party other than an individual or a government: (i) That is created or organized under the laws of any state; and (ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by: (a) An individual referred to in subdivision (a)(3)(A) of this section; (b) A foreign government referred to in subdivision (a)(3)(B) of this section; (c) A party referred to in subdivision (a)(3)(C) of this section; or (d) A combination of the individuals, parties, or governments referred to in this subdivision (a)(3)(D)(ii); (E) An Entity of Particular Concern designated by the United States Department of State; or (F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (a)(3)(A)-(E) of this section. (b) (1) A prohibited foreign party shall not acquire or hold by grant, purchase, devise, descent, or otherwise any interest in a digital asset mining business in this state. (2) A person shall not acquire or hold a digital asset mining business as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business. (c) (1) A prohibited foreign-party-controlled business in operation before the effective date of this act shall have three hundred sixty-five (365) calendar days from the effective date of this act for the prohibited foreign party to divest all interest in the digital asset mining business. (2) If a prohibited foreign party fails to divest all interest in the digital asset mining business under subdivision (c)(1) of this section, the Attorney General may commence an action in a circuit court with proper jurisdiction under subsection (e) of this section. (d) Upon request of a person or upon receipt of information that leads the Attorney General to believe that a violation of this section may exist, the Attorney General may conduct an investigation that includes without limitation: (1) Receiving sworn statements; and (2) Issuing subpoenas to compel the: (A) Testimony of witnesses subpoenaed before him or her; and (B) Production of records and other documents under § 25-16-705 . (e) (1) If as a result of an investigation under subsection (d) of this section the Attorney General concludes that a violation of this section has occurred, the Attorney General may order a prohibited foreign party to divest all interest in the digital asset mining business within three hundred sixty-five (365) calendar days. (2) If the prohibited foreign party fails to divest all interest in the digital asset mining business within three hundred sixty five (365) calendar days, the Attorney General may commence an action in a circuit court with proper jurisdiction over the digital asset mining business. (3) (A) If the circuit court finds that a violation of this section has occurred, the circuit court shall issue an order for the digital asset mining business to be sold through judicial foreclosure. (B) The proceeds of the sale under subdivision (e)(3)(A) of this section shall be disbursed to the lienholders, in order of priority, except for liens that under the terms of the sale are to remain. (C) If the assets of the digital asset mining business include real property, the Attorney General shall promptly record a copy of the following in the local land records: (i) Upon commencement, notice of the pendency of the action under subdivision (c)(2) or subdivision (e)(2) of this section; and (ii) The order for the sale of the digital asset mining business under subdivision (e)(3)(A) of this section. (3) The Attorney General may pursue other remedies in an action brought under subdivision (c)(2) or subdivision (e)(2) of this section, including without limitation: (A) A civil penalty not to exceed up to one million dollars ($1,000,000) or twenty-five percent (25%) of the fair market value, on the date of the assessment of the civil penalty, of the prohibited foreign party's interest in the digital asset mining business for the failure to divest of all interest in the digital asset mining business within three hundred sixty-five (365) calendar days as required under this section; (B) Court costs; (C) Prejudgment interest and postjudgment interest at the maximum rates permitted by law; and (D) Reasonable attorney's fees. (4) In addition to the remedies under subdivision (e)(3) of this section, the Attorney General may pursue treble damages against a digital asset mining business if the digital asset mining business: (A) Is held in violation of this section; (B) Is ordered to pay a civil penalty under subdivision (e)(3)(A) of this section; and (C) Fails to pay a civil penalty under subdivision (e)(3)(A) of this section within the scope of the order of the circuit court. (5) The approval of a digital asset mining business by a local government or the receipt by a digital asset mining business of a permit or other authorization from the state to operate shall not be a defense to a cause of action brought under subdivision (c)(2) or subdivision (e)(2) of this section. (f) Civil penalties and damages received by the Attorney General under this section shall be distributed as follows: (1) Fifty percent (50%) to the Oil and Gas Commission Fund, § 19-6-410 ; and (2) Fifty percent (50%) to the Attorney General to be used in the same manner as provided in § 25-16-718 . (g) A prohibited foreign-party-controlled business shall report the composition of its ownership to the Attorney General. (h) Title to real property is not invalid due to a violation of this section by any former owner of the real property. Added by Act 2024, No. 174,§ 3, eff. 5/3/2024. Added by Act 2024, No. 173,§ 6, eff. 5/3/2024.

(a) As used in this section: (1) "Interest" means an ownership interest of greater than zero percent (0%); (2) "Prohibited foreign-party-controlled business" means a digital asset mining business in which a prohibited foreign party owns an interest; and (3) "Prohibited foreign party" means: (A) A citizen, resident, or agent of a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; (B) A foreign government formed within a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; (C) A party other than an individual or a government that is created or organized under the laws of a foreign government within a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; (D) Any party other than an individual or a government: (i) That is created or organized under the laws of any state; and (ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by: (a) An individual referred to in subdivision (a)(3)(A) of this section; (b) A foreign government referred to in subdivision (a)(3)(B) of this section; (c) A party referred to in subdivision (a)(3)(C) of this section; or (d) A combination of the individuals, parties, or governments referred to in this subdivision (a)(3)(D)(ii); (E) An Entity of Particular Concern designated by the United States Department of State; or (F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (a)(3)(A)-(E) of this section.

(1) "Interest" means an ownership interest of greater than zero percent (0%);

(2) "Prohibited foreign-party-controlled business" means a digital asset mining business in which a prohibited foreign party owns an interest; and

(3) "Prohibited foreign party" means: (A) A citizen, resident, or agent of a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; (B) A foreign government formed within a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; (C) A party other than an individual or a government that is created or organized under the laws of a foreign government within a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; (D) Any party other than an individual or a government: (i) That is created or organized under the laws of any state; and (ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by: (a) An individual referred to in subdivision (a)(3)(A) of this section; (b) A foreign government referred to in subdivision (a)(3)(B) of this section; (c) A party referred to in subdivision (a)(3)(C) of this section; or (d) A combination of the individuals, parties, or governments referred to in this subdivision (a)(3)(D)(ii); (E) An Entity of Particular Concern designated by the United States Department of State; or (F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (a)(3)(A)-(E) of this section.

(A) A citizen, resident, or agent of a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024;

(B) A foreign government formed within a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024;

(C) A party other than an individual or a government that is created or organized under the laws of a foreign government within a country subject to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 et seq., as existing on January 1, 2024;

(D) Any party other than an individual or a government: (i) That is created or organized under the laws of any state; and (ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by: (a) An individual referred to in subdivision (a)(3)(A) of this section; (b) A foreign government referred to in subdivision (a)(3)(B) of this section; (c) A party referred to in subdivision (a)(3)(C) of this section; or (d) A combination of the individuals, parties, or governments referred to in this subdivision (a)(3)(D)(ii);

(i) That is created or organized under the laws of any state; and

(ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by: (a) An individual referred to in subdivision (a)(3)(A) of this section; (b) A foreign government referred to in subdivision (a)(3)(B) of this section; (c) A party referred to in subdivision (a)(3)(C) of this section; or (d) A combination of the individuals, parties, or governments referred to in this subdivision (a)(3)(D)(ii);

(a) An individual referred to in subdivision (a)(3)(A) of this section;

(b) A foreign government referred to in subdivision (a)(3)(B) of this section;

(c) A party referred to in subdivision (a)(3)(C) of this section; or

(d) A combination of the individuals, parties, or governments referred to in this subdivision (a)(3)(D)(ii);

(E) An Entity of Particular Concern designated by the United States Department of State; or

(F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (a)(3)(A)-(E) of this section.

(b) (1) A prohibited foreign party shall not acquire or hold by grant, purchase, devise, descent, or otherwise any interest in a digital asset mining business in this state. (2) A person shall not acquire or hold a digital asset mining business as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business.

(1) A prohibited foreign party shall not acquire or hold by grant, purchase, devise, descent, or otherwise any interest in a digital asset mining business in this state.

(2) A person shall not acquire or hold a digital asset mining business as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business.

(c) (1) A prohibited foreign-party-controlled business in operation before the effective date of this act shall have three hundred sixty-five (365) calendar days from the effective date of this act for the prohibited foreign party to divest all interest in the digital asset mining business. (2) If a prohibited foreign party fails to divest all interest in the digital asset mining business under subdivision (c)(1) of this section, the Attorney General may commence an action in a circuit court with proper jurisdiction under subsection (e) of this section.

(1) A prohibited foreign-party-controlled business in operation before the effective date of this act shall have three hundred sixty-five (365) calendar days from the effective date of this act for the prohibited foreign party to divest all interest in the digital asset mining business.

(2) If a prohibited foreign party fails to divest all interest in the digital asset mining business under subdivision (c)(1) of this section, the Attorney General may commence an action in a circuit court with proper jurisdiction under subsection (e) of this section.

(d) Upon request of a person or upon receipt of information that leads the Attorney General to believe that a violation of this section may exist, the Attorney General may conduct an investigation that includes without limitation: (1) Receiving sworn statements; and (2) Issuing subpoenas to compel the: (A) Testimony of witnesses subpoenaed before him or her; and (B) Production of records and other documents under § 25-16-705 .

(1) Receiving sworn statements; and

(2) Issuing subpoenas to compel the: (A) Testimony of witnesses subpoenaed before him or her; and (B) Production of records and other documents under § 25-16-705 .

(A) Testimony of witnesses subpoenaed before him or her; and

(B) Production of records and other documents under § 25-16-705 .

(e) (1) If as a result of an investigation under subsection (d) of this section the Attorney General concludes that a violation of this section has occurred, the Attorney General may order a prohibited foreign party to divest all interest in the digital asset mining business within three hundred sixty-five (365) calendar days. (2) If the prohibited foreign party fails to divest all interest in the digital asset mining business within three hundred sixty five (365) calendar days, the Attorney General may commence an action in a circuit court with proper jurisdiction over the digital asset mining business. (3) (A) If the circuit court finds that a violation of this section has occurred, the circuit court shall issue an order for the digital asset mining business to be sold through judicial foreclosure. (B) The proceeds of the sale under subdivision (e)(3)(A) of this section shall be disbursed to the lienholders, in order of priority, except for liens that under the terms of the sale are to remain. (C) If the assets of the digital asset mining business include real property, the Attorney General shall promptly record a copy of the following in the local land records: (i) Upon commencement, notice of the pendency of the action under subdivision (c)(2) or subdivision (e)(2) of this section; and (ii) The order for the sale of the digital asset mining business under subdivision (e)(3)(A) of this section. (3) The Attorney General may pursue other remedies in an action brought under subdivision (c)(2) or subdivision (e)(2) of this section, including without limitation: (A) A civil penalty not to exceed up to one million dollars ($1,000,000) or twenty-five percent (25%) of the fair market value, on the date of the assessment of the civil penalty, of the prohibited foreign party's interest in the digital asset mining business for the failure to divest of all interest in the digital asset mining business within three hundred sixty-five (365) calendar days as required under this section; (B) Court costs; (C) Prejudgment interest and postjudgment interest at the maximum rates permitted by law; and (D) Reasonable attorney's fees. (4) In addition to the remedies under subdivision (e)(3) of this section, the Attorney General may pursue treble damages against a digital asset mining business if the digital asset mining business: (A) Is held in violation of this section; (B) Is ordered to pay a civil penalty under subdivision (e)(3)(A) of this section; and (C) Fails to pay a civil penalty under subdivision (e)(3)(A) of this section within the scope of the order of the circuit court. (5) The approval of a digital asset mining business by a local government or the receipt by a digital asset mining business of a permit or other authorization from the state to operate shall not be a defense to a cause of action brought under subdivision (c)(2) or subdivision (e)(2) of this section.

(1) If as a result of an investigation under subsection (d) of this section the Attorney General concludes that a violation of this section has occurred, the Attorney General may order a prohibited foreign party to divest all interest in the digital asset mining business within three hundred sixty-five (365) calendar days.

(2) If the prohibited foreign party fails to divest all interest in the digital asset mining business within three hundred sixty five (365) calendar days, the Attorney General may commence an action in a circuit court with proper jurisdiction over the digital asset mining business.

(3) (A) If the circuit court finds that a violation of this section has occurred, the circuit court shall issue an order for the digital asset mining business to be sold through judicial foreclosure. (B) The proceeds of the sale under subdivision (e)(3)(A) of this section shall be disbursed to the lienholders, in order of priority, except for liens that under the terms of the sale are to remain. (C) If the assets of the digital asset mining business include real property, the Attorney General shall promptly record a copy of the following in the local land records: (i) Upon commencement, notice of the pendency of the action under subdivision (c)(2) or subdivision (e)(2) of this section; and (ii) The order for the sale of the digital asset mining business under subdivision (e)(3)(A) of this section.

(A) If the circuit court finds that a violation of this section has occurred, the circuit court shall issue an order for the digital asset mining business to be sold through judicial foreclosure.

(B) The proceeds of the sale under subdivision (e)(3)(A) of this section shall be disbursed to the lienholders, in order of priority, except for liens that under the terms of the sale are to remain.

(C) If the assets of the digital asset mining business include real property, the Attorney General shall promptly record a copy of the following in the local land records: (i) Upon commencement, notice of the pendency of the action under subdivision (c)(2) or subdivision (e)(2) of this section; and (ii) The order for the sale of the digital asset mining business under subdivision (e)(3)(A) of this section.

(i) Upon commencement, notice of the pendency of the action under subdivision (c)(2) or subdivision (e)(2) of this section; and

(ii) The order for the sale of the digital asset mining business under subdivision (e)(3)(A) of this section.

(3) The Attorney General may pursue other remedies in an action brought under subdivision (c)(2) or subdivision (e)(2) of this section, including without limitation: (A) A civil penalty not to exceed up to one million dollars ($1,000,000) or twenty-five percent (25%) of the fair market value, on the date of the assessment of the civil penalty, of the prohibited foreign party's interest in the digital asset mining business for the failure to divest of all interest in the digital asset mining business within three hundred sixty-five (365) calendar days as required under this section; (B) Court costs; (C) Prejudgment interest and postjudgment interest at the maximum rates permitted by law; and (D) Reasonable attorney's fees.

(A) A civil penalty not to exceed up to one million dollars ($1,000,000) or twenty-five percent (25%) of the fair market value, on the date of the assessment of the civil penalty, of the prohibited foreign party's interest in the digital asset mining business for the failure to divest of all interest in the digital asset mining business within three hundred sixty-five (365) calendar days as required under this section;

(B) Court costs;

(C) Prejudgment interest and postjudgment interest at the maximum rates permitted by law; and

(D) Reasonable attorney's fees.

(4) In addition to the remedies under subdivision (e)(3) of this section, the Attorney General may pursue treble damages against a digital asset mining business if the digital asset mining business: (A) Is held in violation of this section; (B) Is ordered to pay a civil penalty under subdivision (e)(3)(A) of this section; and (C) Fails to pay a civil penalty under subdivision (e)(3)(A) of this section within the scope of the order of the circuit court.

(A) Is held in violation of this section;

(B) Is ordered to pay a civil penalty under subdivision (e)(3)(A) of this section; and

(C) Fails to pay a civil penalty under subdivision (e)(3)(A) of this section within the scope of the order of the circuit court.

(5) The approval of a digital asset mining business by a local government or the receipt by a digital asset mining business of a permit or other authorization from the state to operate shall not be a defense to a cause of action brought under subdivision (c)(2) or subdivision (e)(2) of this section.

(f) Civil penalties and damages received by the Attorney General under this section shall be distributed as follows: (1) Fifty percent (50%) to the Oil and Gas Commission Fund, § 19-6-410 ; and (2) Fifty percent (50%) to the Attorney General to be used in the same manner as provided in § 25-16-718 .

(1) Fifty percent (50%) to the Oil and Gas Commission Fund, § 19-6-410 ; and

(2) Fifty percent (50%) to the Attorney General to be used in the same manner as provided in § 25-16-718 .

(g) A prohibited foreign-party-controlled business shall report the composition of its ownership to the Attorney General.

(h) Title to real property is not invalid due to a violation of this section by any former owner of the real property.

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

Added by Act 2024, No. 173,§ 6, eff. 5/3/2024.
Ark. Code Ann. § 14-125-108 — AR Code / Title 14 / Chapter 125 / Subchapter 1 / Section 14-125-108
Development of soil conservation program - Powers and duties of commission
Status: in_force

(a) The Arkansas Natural Resources Commission in cooperation with the land grant college in the state shall develop a program for soil conservation and for other purposes as provided for in this chapter, which shall be recognized as the state's policy in soil conservation. It may perform such acts, hold such public hearings, and promulgate such rules as may be necessary for the execution of its functions under this chapter. (b) The commission may employ technical experts and other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications and duties. The commission may call upon the Attorney General of the state for the legal services it may require. It shall have authority to delegate to its chair, to one (1) or more of its members, or to one (1) or more agents or employees such powers and duties as it may deem proper. Upon request of the commission for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning may, insofar as may be possible under available appropriations, and having due regard to the needs of the agency to which the request is directed, assign or detail to the commission members of the staff or personnel of the agency or institution of learning, and make special reports, surveys, or studies as the commission may request. (c) In addition to the duties and powers hereinafter conferred upon the commission, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the directors of soil conservation districts, organized as provided hereinafter, in the carrying out of any of their powers and programs; (2) To keep the directors of each of the several districts organized under the provisions of this chapter informed of the activities and experience of all other districts organized hereunder and to facilitate an interchange of advice and experience between the districts and cooperation between them; (3) To coordinate the programs of the several soil conservation districts organized hereunder so far as this may be done by advice and consultation; (4) To secure the cooperation and assistance of the United States and of any of its agencies, and of agencies of this state, in the work of the districts; and (5) To disseminate information throughout the state concerning the activities and programs of the soil conservation districts organized hereunder and to encourage the formation of the districts in areas where their organization is desirable. Amended by Act 2019, No. 315,§ 1001, eff. 7/24/2019. Acts 1937, No. 197, § 4; Pope's Dig., § 11836; Acts 1963, No. 14, § 18; 1973, No. 140, § 1; A.S.A. 1947, § 9-904.

(a) The Arkansas Natural Resources Commission in cooperation with the land grant college in the state shall develop a program for soil conservation and for other purposes as provided for in this chapter, which shall be recognized as the state's policy in soil conservation. It may perform such acts, hold such public hearings, and promulgate such rules as may be necessary for the execution of its functions under this chapter.

(b) The commission may employ technical experts and other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications and duties. The commission may call upon the Attorney General of the state for the legal services it may require. It shall have authority to delegate to its chair, to one (1) or more of its members, or to one (1) or more agents or employees such powers and duties as it may deem proper. Upon request of the commission for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning may, insofar as may be possible under available appropriations, and having due regard to the needs of the agency to which the request is directed, assign or detail to the commission members of the staff or personnel of the agency or institution of learning, and make special reports, surveys, or studies as the commission may request.

(c) In addition to the duties and powers hereinafter conferred upon the commission, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the directors of soil conservation districts, organized as provided hereinafter, in the carrying out of any of their powers and programs; (2) To keep the directors of each of the several districts organized under the provisions of this chapter informed of the activities and experience of all other districts organized hereunder and to facilitate an interchange of advice and experience between the districts and cooperation between them; (3) To coordinate the programs of the several soil conservation districts organized hereunder so far as this may be done by advice and consultation; (4) To secure the cooperation and assistance of the United States and of any of its agencies, and of agencies of this state, in the work of the districts; and (5) To disseminate information throughout the state concerning the activities and programs of the soil conservation districts organized hereunder and to encourage the formation of the districts in areas where their organization is desirable.

(1) To offer such assistance as may be appropriate to the directors of soil conservation districts, organized as provided hereinafter, in the carrying out of any of their powers and programs;

(2) To keep the directors of each of the several districts organized under the provisions of this chapter informed of the activities and experience of all other districts organized hereunder and to facilitate an interchange of advice and experience between the districts and cooperation between them;

(3) To coordinate the programs of the several soil conservation districts organized hereunder so far as this may be done by advice and consultation;

(4) To secure the cooperation and assistance of the United States and of any of its agencies, and of agencies of this state, in the work of the districts; and

(5) To disseminate information throughout the state concerning the activities and programs of the soil conservation districts organized hereunder and to encourage the formation of the districts in areas where their organization is desirable.

Amended by Act 2019, No. 315,§ 1001, eff. 7/24/2019.

Acts 1937, No. 197, § 4; Pope's Dig., § 11836; Acts 1963, No. 14, § 18; 1973, No. 140, § 1; A.S.A. 1947, § 9-904.
Ark. Code Ann. § 14-188-104 — AR Code / Title 14 / Chapter 188 / Section 14-188-104
Creation of authorities
Status: in_force

(a) (1) In each county of the state there is created a public body corporate and politic to be known as the rural development authority. (2) The authority shall not transact any business or exercise its powers under this chapter until or unless the county court, by proper resolution, shall declare, at any time, its need for a development authority to function in the county. (b) (1) (A) The determination as to whether there is a need for an authority to function may be made by: (i) The county court on its own motion; or (ii) The county court upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in the county and requesting that the court so declare. (B) (i) In either event, the court shall hold a public hearing on the matter as set forth in this section. (ii) Prior to any hearing held to determine if there is need for an authority to function in the county, the clerk shall cause notice of the hearing to be published for at least two (2) successive weeks in a newspaper of general circulation in the county, setting forth the time and place of the hearing. (iii) Not more than two (2) weeks after the last publication of the notice, the court shall hold a public hearing on it and adopt a resolution which shall state if there is a need for a development authority in the county and define the area of operation, which may be enlarged or reduced by a majority of the commissioners, appointed pursuant to this chapter, at any subsequent meeting. (iv) The court may adopt a resolution declaring that there is a need for development authority in the county if it shall find that: (a) Chronic unemployment or chronic underemployment exists in the area; or (b) The economic development of the area is inadequate when compared with the economic development of other parts of rural America. (2) The determination as to whether there is need for a development authority to function shall be made upon the petition of a majority in number of the owners of title to real property and the owners of a majority in value of the real property in any proposed development area, as shown by the last assessment, which petition shall define the boundaries of the proposed area of development and request the creation of a rural development authority for the area. (c) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any resolution, regulation, or contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this chapter upon proof of its compliance with this section. Acts 1963, No. 172, §§ 4, 5; A.S.A. 1947, §§ 20-1404, 20-1405.

(a) (1) In each county of the state there is created a public body corporate and politic to be known as the rural development authority. (2) The authority shall not transact any business or exercise its powers under this chapter until or unless the county court, by proper resolution, shall declare, at any time, its need for a development authority to function in the county.

(1) In each county of the state there is created a public body corporate and politic to be known as the rural development authority.

(2) The authority shall not transact any business or exercise its powers under this chapter until or unless the county court, by proper resolution, shall declare, at any time, its need for a development authority to function in the county.

(b) (1) (A) The determination as to whether there is a need for an authority to function may be made by: (i) The county court on its own motion; or (ii) The county court upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in the county and requesting that the court so declare. (B) (i) In either event, the court shall hold a public hearing on the matter as set forth in this section. (ii) Prior to any hearing held to determine if there is need for an authority to function in the county, the clerk shall cause notice of the hearing to be published for at least two (2) successive weeks in a newspaper of general circulation in the county, setting forth the time and place of the hearing. (iii) Not more than two (2) weeks after the last publication of the notice, the court shall hold a public hearing on it and adopt a resolution which shall state if there is a need for a development authority in the county and define the area of operation, which may be enlarged or reduced by a majority of the commissioners, appointed pursuant to this chapter, at any subsequent meeting. (iv) The court may adopt a resolution declaring that there is a need for development authority in the county if it shall find that: (a) Chronic unemployment or chronic underemployment exists in the area; or (b) The economic development of the area is inadequate when compared with the economic development of other parts of rural America. (2) The determination as to whether there is need for a development authority to function shall be made upon the petition of a majority in number of the owners of title to real property and the owners of a majority in value of the real property in any proposed development area, as shown by the last assessment, which petition shall define the boundaries of the proposed area of development and request the creation of a rural development authority for the area.

(1) (A) The determination as to whether there is a need for an authority to function may be made by: (i) The county court on its own motion; or (ii) The county court upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in the county and requesting that the court so declare. (B) (i) In either event, the court shall hold a public hearing on the matter as set forth in this section. (ii) Prior to any hearing held to determine if there is need for an authority to function in the county, the clerk shall cause notice of the hearing to be published for at least two (2) successive weeks in a newspaper of general circulation in the county, setting forth the time and place of the hearing. (iii) Not more than two (2) weeks after the last publication of the notice, the court shall hold a public hearing on it and adopt a resolution which shall state if there is a need for a development authority in the county and define the area of operation, which may be enlarged or reduced by a majority of the commissioners, appointed pursuant to this chapter, at any subsequent meeting. (iv) The court may adopt a resolution declaring that there is a need for development authority in the county if it shall find that: (a) Chronic unemployment or chronic underemployment exists in the area; or (b) The economic development of the area is inadequate when compared with the economic development of other parts of rural America.

(A) The determination as to whether there is a need for an authority to function may be made by: (i) The county court on its own motion; or (ii) The county court upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in the county and requesting that the court so declare.

(i) The county court on its own motion; or

(ii) The county court upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in the county and requesting that the court so declare.

(B) (i) In either event, the court shall hold a public hearing on the matter as set forth in this section. (ii) Prior to any hearing held to determine if there is need for an authority to function in the county, the clerk shall cause notice of the hearing to be published for at least two (2) successive weeks in a newspaper of general circulation in the county, setting forth the time and place of the hearing. (iii) Not more than two (2) weeks after the last publication of the notice, the court shall hold a public hearing on it and adopt a resolution which shall state if there is a need for a development authority in the county and define the area of operation, which may be enlarged or reduced by a majority of the commissioners, appointed pursuant to this chapter, at any subsequent meeting. (iv) The court may adopt a resolution declaring that there is a need for development authority in the county if it shall find that: (a) Chronic unemployment or chronic underemployment exists in the area; or (b) The economic development of the area is inadequate when compared with the economic development of other parts of rural America.

(i) In either event, the court shall hold a public hearing on the matter as set forth in this section.

(ii) Prior to any hearing held to determine if there is need for an authority to function in the county, the clerk shall cause notice of the hearing to be published for at least two (2) successive weeks in a newspaper of general circulation in the county, setting forth the time and place of the hearing.

(iii) Not more than two (2) weeks after the last publication of the notice, the court shall hold a public hearing on it and adopt a resolution which shall state if there is a need for a development authority in the county and define the area of operation, which may be enlarged or reduced by a majority of the commissioners, appointed pursuant to this chapter, at any subsequent meeting.

(iv) The court may adopt a resolution declaring that there is a need for development authority in the county if it shall find that: (a) Chronic unemployment or chronic underemployment exists in the area; or (b) The economic development of the area is inadequate when compared with the economic development of other parts of rural America.

(a) Chronic unemployment or chronic underemployment exists in the area; or

(b) The economic development of the area is inadequate when compared with the economic development of other parts of rural America.

(2) The determination as to whether there is need for a development authority to function shall be made upon the petition of a majority in number of the owners of title to real property and the owners of a majority in value of the real property in any proposed development area, as shown by the last assessment, which petition shall define the boundaries of the proposed area of development and request the creation of a rural development authority for the area.

(c) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any resolution, regulation, or contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this chapter upon proof of its compliance with this section.

Acts 1963, No. 172, §§ 4, 5; A.S.A. 1947, §§ 20-1404, 20-1405.
Ark. Code Ann. § 14-362-305 — AR Code / Title 14 / Chapter 362 / Subchapter 3 / Section 14-362-305
Petition for detachment
Status: in_force

(a) An authority may petition for detachment under this section upon the passing of a resolution by the board of directors of the authority: (1) Recommending the detachment of property owned by the authority from one (1) or more municipalities in which the authority's property is located; and (2) Approved by a vote of at least two-thirds (2/3) of the members of the board. (b) (1) An authority shall file a petition for detachment in the county in which the property the authority is petitioning for detachment is located with the: (A) County court; (B) County assessor; and (C) County clerk. (2) A petition filed under subdivision (b)(1) of this section shall: (A) Be in writing; (B) Name the persons authorized to act on behalf of the authority; (C) Contain an attestation signed before a notary or notaries by a person authorized to sign for the authority as the owner of the property or an agent of the authority confirming the desire to be detached; (D) Contain an accurate description of the relevant property; (E) Contain a letter or title opinion from a certified abstractor or title company verifying that the authority is the owner of record of the relevant property; (F) Contain a letter or verification from a certified surveyor or engineer verifying that an enclave that is not owned by the authority will not be created; (G) Include a schedule of services that are currently provided by the municipality to the property being detached; and (H) Identify any special considerations or factors that the authority and municipality should agree to before the detachment is finalized, including without limitation: (i) The negotiation of outstanding debt obligations; and (ii) A determination of all financial matters pertaining to the schedule of services provided by the municipality under subdivision (b)(2)(G) of this section. (c) (1) Within fifteen (15) days from the date the petition is filed under subdivision (b)(1) of this section, the county assessor and the county clerk shall: (A) Determine whether the petition meets the requirements of subdivision (b)(2) of this section; and (B) Report the determination required under subdivision (b)(2) of this section to the county court. (2) (A) If it is determined that the petition does not meet the requirements of subdivision (b)(2) of this section, the county court shall enter a court order identifying the deficiencies in the petition within five (5) business days from the date the determination was reported to the county court under subdivision (c)(1)(B) of this section. (B) (i) An authority may file an amended petition at any time after the county court enters the court order required under subdivision (c)(2)(A) of this section. (ii) The amended petition is required to meet the requirements of subdivision (b)(2) of this section. (3) If a county assessor and a county clerk report that the petition meets the requirements of subdivision (b)(2) of this section, the county court has fifteen (15) business days from the date the determination was reported to: (A) Review the petition and records for completeness and accuracy; (B) Determine that the detachment does not create an enclave that is not owned by the authority; (C) Confirm the petition contains the schedule of services required by subdivision (b)(2)(G) of this section; (D) At the discretion of the county judge, determine whether the county will be responsible for the maintenance of dedicated public roads and rights-of-way abutting or traversing the property that is being detached; and (E) Issue an order stating the findings required under this subdivision (c)(3) and provide the: (i) Order to the authority; and (ii) Petition and order to the municipality to which the authority is petitioning for detachment. (d) (1) An order issued under subdivision (c)(3)(E) of this section shall require the municipality being petitioned for detachment to file a response with the county court: (A) Within fifteen (15) business days from the date the court order was received; and (B) That states whether the municipality agrees or does not agree with the special considerations or factors to be addressed before the detachment is finalized under subdivision (b)(2)(H) of this section. (2) A municipality that does not agree with the special considerations or factors stated in the petition under subdivision (b)(2)(H) of this section shall file a response with the county court that: (A) States the reason the municipality disagrees with the special considerations or factors stated in the petition under subdivision (b)(2)(H) of this section; and (B) Includes any additional special considerations or factors the municipality may have. (e) (1) An authority has five (5) business days from the date the municipality files the response required under subdivision (d)(2) of this section to respond to the municipality's additional special considerations or factors under subdivision (d)(2)(B) of this section. (2) (A) If the authority does not agree with the additional special considerations or factors, the county court clerk shall set a hearing date to determine the special considerations or factors to be addressed before detachment. (B) The hearing under subdivision (e)(2)(A) of this section shall be set on a date of earliest convenience for both parties but no later than sixty (60) calendar days after the filing of the authority's response under subdivision (e)(1) of this section. (3) (A) If a municipality agrees with the special considerations or factors in the petition required under subdivision (b)(2)(H) of this section, then the county court shall enter an order providing a timeline for the authority and the municipality to negotiate in good faith and to reach an agreement with respect to the special considerations or factors required before detachment is finalized. (B) Unless a different period of time is mutually agreed to by the municipality and the authority, the county court shall require the municipality and the authority to report their agreement to the county court not later than ninety (90) calendar days from the date the order was filed. (C) (i) If an authority and a municipality cannot reach an agreement by the deadline provided under this subdivision (e)(3), the county court shall order the municipality and authority to participate in mediation. (ii) The mediation shall take place not later than sixty (60) calendar days from the date of the order requiring mediation. (iii) (a) The mediator shall file a mediation report with the county court no later than thirty (30) calendar days after the date of the mediation required under subdivision (e)(3)(C)(i) of this section. (b) The mediator's report shall: (1) Contain the agreed-upon terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, state that the parties were unable to come to an agreement relating to the special considerations and factors. (iv) (a) The county court shall enter an order confirming the detachment, and no later than thirty (30) calendar days from the date the mediation report is filed, the county clerk shall forward a copy of the order to the county assessor and to the Secretary of State. (b) The order shall contain: (1) The final terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, the order shall only address the matters required under § 14-362-306 . (f) The property shall be detached from the municipality on the date the county court enters the order confirming the detachment and the county clerk forwards a copy of the order as required under subdivision (e)(3)(C)(iv) of this section. (g) (1) This section shall not prevent the municipality and the authority from presenting a joint agreement confirming their mutually agreed-upon resolution of special considerations or factors that should be addressed before detachment at any time after the petition for detachment is filed by the authority. (2) Absent a determination by the county court that the mutually agreed-upon resolution under subdivision (g)(1) of this section violates Arkansas law, the county court shall accept the mutually agreed-upon resolution and include it in the order approving detachment. Added by Act 2023, No. 769,§ 7, eff. 8/1/2023.

(a) An authority may petition for detachment under this section upon the passing of a resolution by the board of directors of the authority: (1) Recommending the detachment of property owned by the authority from one (1) or more municipalities in which the authority's property is located; and (2) Approved by a vote of at least two-thirds (2/3) of the members of the board.

(1) Recommending the detachment of property owned by the authority from one (1) or more municipalities in which the authority's property is located; and

(2) Approved by a vote of at least two-thirds (2/3) of the members of the board.

(b) (1) An authority shall file a petition for detachment in the county in which the property the authority is petitioning for detachment is located with the: (A) County court; (B) County assessor; and (C) County clerk. (2) A petition filed under subdivision (b)(1) of this section shall: (A) Be in writing; (B) Name the persons authorized to act on behalf of the authority; (C) Contain an attestation signed before a notary or notaries by a person authorized to sign for the authority as the owner of the property or an agent of the authority confirming the desire to be detached; (D) Contain an accurate description of the relevant property; (E) Contain a letter or title opinion from a certified abstractor or title company verifying that the authority is the owner of record of the relevant property; (F) Contain a letter or verification from a certified surveyor or engineer verifying that an enclave that is not owned by the authority will not be created; (G) Include a schedule of services that are currently provided by the municipality to the property being detached; and (H) Identify any special considerations or factors that the authority and municipality should agree to before the detachment is finalized, including without limitation: (i) The negotiation of outstanding debt obligations; and (ii) A determination of all financial matters pertaining to the schedule of services provided by the municipality under subdivision (b)(2)(G) of this section.

(1) An authority shall file a petition for detachment in the county in which the property the authority is petitioning for detachment is located with the: (A) County court; (B) County assessor; and (C) County clerk.

(A) County court;

(B) County assessor; and

(C) County clerk.

(2) A petition filed under subdivision (b)(1) of this section shall: (A) Be in writing; (B) Name the persons authorized to act on behalf of the authority; (C) Contain an attestation signed before a notary or notaries by a person authorized to sign for the authority as the owner of the property or an agent of the authority confirming the desire to be detached; (D) Contain an accurate description of the relevant property; (E) Contain a letter or title opinion from a certified abstractor or title company verifying that the authority is the owner of record of the relevant property; (F) Contain a letter or verification from a certified surveyor or engineer verifying that an enclave that is not owned by the authority will not be created; (G) Include a schedule of services that are currently provided by the municipality to the property being detached; and (H) Identify any special considerations or factors that the authority and municipality should agree to before the detachment is finalized, including without limitation: (i) The negotiation of outstanding debt obligations; and (ii) A determination of all financial matters pertaining to the schedule of services provided by the municipality under subdivision (b)(2)(G) of this section.

(A) Be in writing;

(B) Name the persons authorized to act on behalf of the authority;

(C) Contain an attestation signed before a notary or notaries by a person authorized to sign for the authority as the owner of the property or an agent of the authority confirming the desire to be detached;

(D) Contain an accurate description of the relevant property;

(E) Contain a letter or title opinion from a certified abstractor or title company verifying that the authority is the owner of record of the relevant property;

(F) Contain a letter or verification from a certified surveyor or engineer verifying that an enclave that is not owned by the authority will not be created;

(G) Include a schedule of services that are currently provided by the municipality to the property being detached; and

(H) Identify any special considerations or factors that the authority and municipality should agree to before the detachment is finalized, including without limitation: (i) The negotiation of outstanding debt obligations; and (ii) A determination of all financial matters pertaining to the schedule of services provided by the municipality under subdivision (b)(2)(G) of this section.

(i) The negotiation of outstanding debt obligations; and

(ii) A determination of all financial matters pertaining to the schedule of services provided by the municipality under subdivision (b)(2)(G) of this section.

(c) (1) Within fifteen (15) days from the date the petition is filed under subdivision (b)(1) of this section, the county assessor and the county clerk shall: (A) Determine whether the petition meets the requirements of subdivision (b)(2) of this section; and (B) Report the determination required under subdivision (b)(2) of this section to the county court. (2) (A) If it is determined that the petition does not meet the requirements of subdivision (b)(2) of this section, the county court shall enter a court order identifying the deficiencies in the petition within five (5) business days from the date the determination was reported to the county court under subdivision (c)(1)(B) of this section. (B) (i) An authority may file an amended petition at any time after the county court enters the court order required under subdivision (c)(2)(A) of this section. (ii) The amended petition is required to meet the requirements of subdivision (b)(2) of this section. (3) If a county assessor and a county clerk report that the petition meets the requirements of subdivision (b)(2) of this section, the county court has fifteen (15) business days from the date the determination was reported to: (A) Review the petition and records for completeness and accuracy; (B) Determine that the detachment does not create an enclave that is not owned by the authority; (C) Confirm the petition contains the schedule of services required by subdivision (b)(2)(G) of this section; (D) At the discretion of the county judge, determine whether the county will be responsible for the maintenance of dedicated public roads and rights-of-way abutting or traversing the property that is being detached; and (E) Issue an order stating the findings required under this subdivision (c)(3) and provide the: (i) Order to the authority; and (ii) Petition and order to the municipality to which the authority is petitioning for detachment.

(1) Within fifteen (15) days from the date the petition is filed under subdivision (b)(1) of this section, the county assessor and the county clerk shall: (A) Determine whether the petition meets the requirements of subdivision (b)(2) of this section; and (B) Report the determination required under subdivision (b)(2) of this section to the county court.

(A) Determine whether the petition meets the requirements of subdivision (b)(2) of this section; and

(B) Report the determination required under subdivision (b)(2) of this section to the county court.

(2) (A) If it is determined that the petition does not meet the requirements of subdivision (b)(2) of this section, the county court shall enter a court order identifying the deficiencies in the petition within five (5) business days from the date the determination was reported to the county court under subdivision (c)(1)(B) of this section. (B) (i) An authority may file an amended petition at any time after the county court enters the court order required under subdivision (c)(2)(A) of this section. (ii) The amended petition is required to meet the requirements of subdivision (b)(2) of this section.

(A) If it is determined that the petition does not meet the requirements of subdivision (b)(2) of this section, the county court shall enter a court order identifying the deficiencies in the petition within five (5) business days from the date the determination was reported to the county court under subdivision (c)(1)(B) of this section.

(B) (i) An authority may file an amended petition at any time after the county court enters the court order required under subdivision (c)(2)(A) of this section. (ii) The amended petition is required to meet the requirements of subdivision (b)(2) of this section.

(i) An authority may file an amended petition at any time after the county court enters the court order required under subdivision (c)(2)(A) of this section.

(ii) The amended petition is required to meet the requirements of subdivision (b)(2) of this section.

(3) If a county assessor and a county clerk report that the petition meets the requirements of subdivision (b)(2) of this section, the county court has fifteen (15) business days from the date the determination was reported to: (A) Review the petition and records for completeness and accuracy; (B) Determine that the detachment does not create an enclave that is not owned by the authority; (C) Confirm the petition contains the schedule of services required by subdivision (b)(2)(G) of this section; (D) At the discretion of the county judge, determine whether the county will be responsible for the maintenance of dedicated public roads and rights-of-way abutting or traversing the property that is being detached; and (E) Issue an order stating the findings required under this subdivision (c)(3) and provide the: (i) Order to the authority; and (ii) Petition and order to the municipality to which the authority is petitioning for detachment.

(A) Review the petition and records for completeness and accuracy;

(B) Determine that the detachment does not create an enclave that is not owned by the authority;

(C) Confirm the petition contains the schedule of services required by subdivision (b)(2)(G) of this section;

(D) At the discretion of the county judge, determine whether the county will be responsible for the maintenance of dedicated public roads and rights-of-way abutting or traversing the property that is being detached; and

(E) Issue an order stating the findings required under this subdivision (c)(3) and provide the: (i) Order to the authority; and (ii) Petition and order to the municipality to which the authority is petitioning for detachment.

(i) Order to the authority; and

(ii) Petition and order to the municipality to which the authority is petitioning for detachment.

(d) (1) An order issued under subdivision (c)(3)(E) of this section shall require the municipality being petitioned for detachment to file a response with the county court: (A) Within fifteen (15) business days from the date the court order was received; and (B) That states whether the municipality agrees or does not agree with the special considerations or factors to be addressed before the detachment is finalized under subdivision (b)(2)(H) of this section. (2) A municipality that does not agree with the special considerations or factors stated in the petition under subdivision (b)(2)(H) of this section shall file a response with the county court that: (A) States the reason the municipality disagrees with the special considerations or factors stated in the petition under subdivision (b)(2)(H) of this section; and (B) Includes any additional special considerations or factors the municipality may have.

(1) An order issued under subdivision (c)(3)(E) of this section shall require the municipality being petitioned for detachment to file a response with the county court: (A) Within fifteen (15) business days from the date the court order was received; and (B) That states whether the municipality agrees or does not agree with the special considerations or factors to be addressed before the detachment is finalized under subdivision (b)(2)(H) of this section.

(A) Within fifteen (15) business days from the date the court order was received; and

(B) That states whether the municipality agrees or does not agree with the special considerations or factors to be addressed before the detachment is finalized under subdivision (b)(2)(H) of this section.

(2) A municipality that does not agree with the special considerations or factors stated in the petition under subdivision (b)(2)(H) of this section shall file a response with the county court that: (A) States the reason the municipality disagrees with the special considerations or factors stated in the petition under subdivision (b)(2)(H) of this section; and (B) Includes any additional special considerations or factors the municipality may have.

(A) States the reason the municipality disagrees with the special considerations or factors stated in the petition under subdivision (b)(2)(H) of this section; and

(B) Includes any additional special considerations or factors the municipality may have.

(e) (1) An authority has five (5) business days from the date the municipality files the response required under subdivision (d)(2) of this section to respond to the municipality's additional special considerations or factors under subdivision (d)(2)(B) of this section. (2) (A) If the authority does not agree with the additional special considerations or factors, the county court clerk shall set a hearing date to determine the special considerations or factors to be addressed before detachment. (B) The hearing under subdivision (e)(2)(A) of this section shall be set on a date of earliest convenience for both parties but no later than sixty (60) calendar days after the filing of the authority's response under subdivision (e)(1) of this section. (3) (A) If a municipality agrees with the special considerations or factors in the petition required under subdivision (b)(2)(H) of this section, then the county court shall enter an order providing a timeline for the authority and the municipality to negotiate in good faith and to reach an agreement with respect to the special considerations or factors required before detachment is finalized. (B) Unless a different period of time is mutually agreed to by the municipality and the authority, the county court shall require the municipality and the authority to report their agreement to the county court not later than ninety (90) calendar days from the date the order was filed. (C) (i) If an authority and a municipality cannot reach an agreement by the deadline provided under this subdivision (e)(3), the county court shall order the municipality and authority to participate in mediation. (ii) The mediation shall take place not later than sixty (60) calendar days from the date of the order requiring mediation. (iii) (a) The mediator shall file a mediation report with the county court no later than thirty (30) calendar days after the date of the mediation required under subdivision (e)(3)(C)(i) of this section. (b) The mediator's report shall: (1) Contain the agreed-upon terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, state that the parties were unable to come to an agreement relating to the special considerations and factors. (iv) (a) The county court shall enter an order confirming the detachment, and no later than thirty (30) calendar days from the date the mediation report is filed, the county clerk shall forward a copy of the order to the county assessor and to the Secretary of State. (b) The order shall contain: (1) The final terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, the order shall only address the matters required under § 14-362-306 .

(1) An authority has five (5) business days from the date the municipality files the response required under subdivision (d)(2) of this section to respond to the municipality's additional special considerations or factors under subdivision (d)(2)(B) of this section.

(2) (A) If the authority does not agree with the additional special considerations or factors, the county court clerk shall set a hearing date to determine the special considerations or factors to be addressed before detachment. (B) The hearing under subdivision (e)(2)(A) of this section shall be set on a date of earliest convenience for both parties but no later than sixty (60) calendar days after the filing of the authority's response under subdivision (e)(1) of this section.

(A) If the authority does not agree with the additional special considerations or factors, the county court clerk shall set a hearing date to determine the special considerations or factors to be addressed before detachment.

(B) The hearing under subdivision (e)(2)(A) of this section shall be set on a date of earliest convenience for both parties but no later than sixty (60) calendar days after the filing of the authority's response under subdivision (e)(1) of this section.

(3) (A) If a municipality agrees with the special considerations or factors in the petition required under subdivision (b)(2)(H) of this section, then the county court shall enter an order providing a timeline for the authority and the municipality to negotiate in good faith and to reach an agreement with respect to the special considerations or factors required before detachment is finalized. (B) Unless a different period of time is mutually agreed to by the municipality and the authority, the county court shall require the municipality and the authority to report their agreement to the county court not later than ninety (90) calendar days from the date the order was filed. (C) (i) If an authority and a municipality cannot reach an agreement by the deadline provided under this subdivision (e)(3), the county court shall order the municipality and authority to participate in mediation. (ii) The mediation shall take place not later than sixty (60) calendar days from the date of the order requiring mediation. (iii) (a) The mediator shall file a mediation report with the county court no later than thirty (30) calendar days after the date of the mediation required under subdivision (e)(3)(C)(i) of this section. (b) The mediator's report shall: (1) Contain the agreed-upon terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, state that the parties were unable to come to an agreement relating to the special considerations and factors. (iv) (a) The county court shall enter an order confirming the detachment, and no later than thirty (30) calendar days from the date the mediation report is filed, the county clerk shall forward a copy of the order to the county assessor and to the Secretary of State. (b) The order shall contain: (1) The final terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, the order shall only address the matters required under § 14-362-306 .

(A) If a municipality agrees with the special considerations or factors in the petition required under subdivision (b)(2)(H) of this section, then the county court shall enter an order providing a timeline for the authority and the municipality to negotiate in good faith and to reach an agreement with respect to the special considerations or factors required before detachment is finalized.

(B) Unless a different period of time is mutually agreed to by the municipality and the authority, the county court shall require the municipality and the authority to report their agreement to the county court not later than ninety (90) calendar days from the date the order was filed.

(C) (i) If an authority and a municipality cannot reach an agreement by the deadline provided under this subdivision (e)(3), the county court shall order the municipality and authority to participate in mediation. (ii) The mediation shall take place not later than sixty (60) calendar days from the date of the order requiring mediation. (iii) (a) The mediator shall file a mediation report with the county court no later than thirty (30) calendar days after the date of the mediation required under subdivision (e)(3)(C)(i) of this section. (b) The mediator's report shall: (1) Contain the agreed-upon terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, state that the parties were unable to come to an agreement relating to the special considerations and factors. (iv) (a) The county court shall enter an order confirming the detachment, and no later than thirty (30) calendar days from the date the mediation report is filed, the county clerk shall forward a copy of the order to the county assessor and to the Secretary of State. (b) The order shall contain: (1) The final terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, the order shall only address the matters required under § 14-362-306 .

(i) If an authority and a municipality cannot reach an agreement by the deadline provided under this subdivision (e)(3), the county court shall order the municipality and authority to participate in mediation.

(ii) The mediation shall take place not later than sixty (60) calendar days from the date of the order requiring mediation.

(iii) (a) The mediator shall file a mediation report with the county court no later than thirty (30) calendar days after the date of the mediation required under subdivision (e)(3)(C)(i) of this section. (b) The mediator's report shall: (1) Contain the agreed-upon terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, state that the parties were unable to come to an agreement relating to the special considerations and factors.

(a) The mediator shall file a mediation report with the county court no later than thirty (30) calendar days after the date of the mediation required under subdivision (e)(3)(C)(i) of this section.

(b) The mediator's report shall: (1) Contain the agreed-upon terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, state that the parties were unable to come to an agreement relating to the special considerations and factors.

(1) Contain the agreed-upon terms relating to the special considerations and factors, but only if the mediation is successful; or

(2) If the mediation is unsuccessful, state that the parties were unable to come to an agreement relating to the special considerations and factors.

(iv) (a) The county court shall enter an order confirming the detachment, and no later than thirty (30) calendar days from the date the mediation report is filed, the county clerk shall forward a copy of the order to the county assessor and to the Secretary of State. (b) The order shall contain: (1) The final terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, the order shall only address the matters required under § 14-362-306 .

(a) The county court shall enter an order confirming the detachment, and no later than thirty (30) calendar days from the date the mediation report is filed, the county clerk shall forward a copy of the order to the county assessor and to the Secretary of State.

(b) The order shall contain: (1) The final terms relating to the special considerations and factors, but only if the mediation is successful; or (2) If the mediation is unsuccessful, the order shall only address the matters required under § 14-362-306 .

(1) The final terms relating to the special considerations and factors, but only if the mediation is successful; or

(2) If the mediation is unsuccessful, the order shall only address the matters required under § 14-362-306 .

(f) The property shall be detached from the municipality on the date the county court enters the order confirming the detachment and the county clerk forwards a copy of the order as required under subdivision (e)(3)(C)(iv) of this section.

(g) (1) This section shall not prevent the municipality and the authority from presenting a joint agreement confirming their mutually agreed-upon resolution of special considerations or factors that should be addressed before detachment at any time after the petition for detachment is filed by the authority. (2) Absent a determination by the county court that the mutually agreed-upon resolution under subdivision (g)(1) of this section violates Arkansas law, the county court shall accept the mutually agreed-upon resolution and include it in the order approving detachment.

(1) This section shall not prevent the municipality and the authority from presenting a joint agreement confirming their mutually agreed-upon resolution of special considerations or factors that should be addressed before detachment at any time after the petition for detachment is filed by the authority.

(2) Absent a determination by the county court that the mutually agreed-upon resolution under subdivision (g)(1) of this section violates Arkansas law, the county court shall accept the mutually agreed-upon resolution and include it in the order approving detachment.

Added by Act 2023, No. 769,§ 7, eff. 8/1/2023.
Ark. Code Ann. § 14-45-111 — AR Code / Title 14 / Chapter 45 / Section 14-45-111
Powers and duties of marshals
Status: in_force

(a) The town marshal of incorporated towns shall be the principal ministerial officer of the town. He or she shall have the same power that sheriffs have by law, and his or her jurisdiction shall be coextensive with the county for offenses committed within the limits of the town. (b) The town marshal shall execute the process of the mayor and collect the same fees for his or her services that sheriffs are allowed in similar cases. (c) It shall be the duty of the town marshal to: (1) Suppress all riots and disturbances and breaches of the peace; (2) Apprehend all disorderly persons in the town; (3) Pursue and arrest any person fleeing from justice in any part of the state; and (4) Apprehend any person in the act of committing any offense against the laws of the state or ordinances of the town and immediately bring the person before the mayor, or other competent authority, for examination or trial. (d) The town marshal shall have power to appoint one (1) or more deputies, for whose official acts he or she shall be responsible. (e) All persons or parties arrested by any officer of the state for violation of any town ordinance shall be turned over to the town marshal and shall be by him or her taken before the proper authorities for investigation. Acts 1875, No. 1, § 46, p. 1; 1883, No. 106, § 2, p. 189; C. & M. Dig., § 7677; Pope's Dig., § 9799; A.S.A. 1947, § 19-1205.

(a) The town marshal of incorporated towns shall be the principal ministerial officer of the town. He or she shall have the same power that sheriffs have by law, and his or her jurisdiction shall be coextensive with the county for offenses committed within the limits of the town.

(b) The town marshal shall execute the process of the mayor and collect the same fees for his or her services that sheriffs are allowed in similar cases.

(c) It shall be the duty of the town marshal to: (1) Suppress all riots and disturbances and breaches of the peace; (2) Apprehend all disorderly persons in the town; (3) Pursue and arrest any person fleeing from justice in any part of the state; and (4) Apprehend any person in the act of committing any offense against the laws of the state or ordinances of the town and immediately bring the person before the mayor, or other competent authority, for examination or trial.

(1) Suppress all riots and disturbances and breaches of the peace;

(2) Apprehend all disorderly persons in the town;

(3) Pursue and arrest any person fleeing from justice in any part of the state; and

(4) Apprehend any person in the act of committing any offense against the laws of the state or ordinances of the town and immediately bring the person before the mayor, or other competent authority, for examination or trial.

(d) The town marshal shall have power to appoint one (1) or more deputies, for whose official acts he or she shall be responsible.

(e) All persons or parties arrested by any officer of the state for violation of any town ordinance shall be turned over to the town marshal and shall be by him or her taken before the proper authorities for investigation.

Acts 1875, No. 1, § 46, p. 1; 1883, No. 106, § 2, p. 189; C. & M. Dig., § 7677; Pope's Dig., § 9799; A.S.A. 1947, § 19-1205.
Ark. Code Ann. § 14-25-106 — AR Code / Title 14 / Chapter 25 / Subchapter 1 / Section 14-25-106
Fixed asset records
Status: in_force

(a) (1) All county officials shall establish by major category and maintain, as a minimum, an itemized listing of all fixed assets owned by, or under the control of, their offices. (2) Each county official shall maintain the listing unless the quorum court designates one (1) county official or employee of the county to be responsible for maintaining the list for the county. (3) Each county official shall total the listing by category with a total of all categories. The categories of fixed assets may include without limitation: (A) Land; (B) Buildings; (C) Motor vehicles; and (D) Equipment. (4) The listing shall contain as a minimum: (A) Property item number, if used by the county; (B) Brief description; (C) Serial number, if available; (D) Location of property; (E) Date of acquisition; and (F) Cost of property. (b) Fixed asset records shall constitute a part of the general records of the county and, accordingly, shall be made available for utilization by the auditor at the time of audit. Acts 1973, No. 173, § 6; A.S.A. 1947, § 17-1806; Acts 2009, No. 287, § 2.

(a) (1) All county officials shall establish by major category and maintain, as a minimum, an itemized listing of all fixed assets owned by, or under the control of, their offices. (2) Each county official shall maintain the listing unless the quorum court designates one (1) county official or employee of the county to be responsible for maintaining the list for the county. (3) Each county official shall total the listing by category with a total of all categories. The categories of fixed assets may include without limitation: (A) Land; (B) Buildings; (C) Motor vehicles; and (D) Equipment. (4) The listing shall contain as a minimum: (A) Property item number, if used by the county; (B) Brief description; (C) Serial number, if available; (D) Location of property; (E) Date of acquisition; and (F) Cost of property.

(1) All county officials shall establish by major category and maintain, as a minimum, an itemized listing of all fixed assets owned by, or under the control of, their offices.

(2) Each county official shall maintain the listing unless the quorum court designates one (1) county official or employee of the county to be responsible for maintaining the list for the county.

(3) Each county official shall total the listing by category with a total of all categories. The categories of fixed assets may include without limitation: (A) Land; (B) Buildings; (C) Motor vehicles; and (D) Equipment.

(A) Land;

(B) Buildings;

(C) Motor vehicles; and

(D) Equipment.

(4) The listing shall contain as a minimum: (A) Property item number, if used by the county; (B) Brief description; (C) Serial number, if available; (D) Location of property; (E) Date of acquisition; and (F) Cost of property.

(A) Property item number, if used by the county;

(B) Brief description;

(C) Serial number, if available;

(D) Location of property;

(E) Date of acquisition; and

(F) Cost of property.

(b) Fixed asset records shall constitute a part of the general records of the county and, accordingly, shall be made available for utilization by the auditor at the time of audit.

Acts 1973, No. 173, § 6; A.S.A. 1947, § 17-1806; Acts 2009, No. 287, § 2.
Ark. Code Ann. § 14-204-102 — AR Code / Title 14 / Chapter 204 / Section 14-204-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and, if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as the municipality or county shall determine to be in the public interest and necessary under the circumstances existing at the time, to accomplish the purposes of and authorities set forth in this chapter; (2) "County" means any county of this state, regardless of whether such county owns any facilities for the transmission or distribution of electrical energy; (3) "Equip" means to install or place on or in any building or structure equipment of any and every kind, whether or not affixed including, without limiting the generality of the foregoing, building service equipment, machinery, furniture, furnishings, and personal property of every kind; (4) "Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful as a part of or in connection with a hydroelectric power project, including, without limiting the generality of the foregoing, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind; (5) "Governing body" means the council, board of directors, or city commission of any municipality; (6) "Hydroelectric power project" or "project" means any facilities intended to be employed in the generation of electrical energy by the use of water as the source of generating power, whether standing, running, or falling, and facilities incidental or related thereto; (7) "Lease" means to lease for such rentals, for such periods and upon such terms and conditions as the municipality or county shall determine including, without limiting the generality of the foregoing, the granting of such renewal or extension options for such rentals, for such periods and upon such terms and conditions as the municipality or county shall determine and the granting of such purchase options for such prices and upon such terms and conditions as the municipality or county shall determine; (8) "Loan" or "make loans" means to loan upon such terms and conditions as the municipality or county shall determine; (9) "Mortgage lien" includes and means security interest in any personal property embodied in the facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter; (10) "Municipality" means a city of the first or second class or an incorporated town, regardless of whether such municipality owns any facilities for the transmission or distribution of electrical energy; (11) "Sell" means to sell for such price, in such manner and upon such terms as the municipality or county shall determine including, without limiting the generality of the foregoing, private or public sale, and, if public, pursuant to such advertisement as the municipality or county shall determine, sale for cash or credit payable in lump sum or in installments over such period as the municipality or county shall determine and, if on credit, with or without interest and at such rate or rates as the municipality or county shall determine; and (12) "State" means the State of Arkansas. Acts 1981 (Ex. Sess.), No. 17, §§ 7, 11; A.S.A. 1947, §§ 19-5807, 19-5811.

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

(1) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and, if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as the municipality or county shall determine to be in the public interest and necessary under the circumstances existing at the time, to accomplish the purposes of and authorities set forth in this chapter;

(2) "County" means any county of this state, regardless of whether such county owns any facilities for the transmission or distribution of electrical energy;

(3) "Equip" means to install or place on or in any building or structure equipment of any and every kind, whether or not affixed including, without limiting the generality of the foregoing, building service equipment, machinery, furniture, furnishings, and personal property of every kind;

(4) "Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful as a part of or in connection with a hydroelectric power project, including, without limiting the generality of the foregoing, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind;

(5) "Governing body" means the council, board of directors, or city commission of any municipality;

(6) "Hydroelectric power project" or "project" means any facilities intended to be employed in the generation of electrical energy by the use of water as the source of generating power, whether standing, running, or falling, and facilities incidental or related thereto;

(7) "Lease" means to lease for such rentals, for such periods and upon such terms and conditions as the municipality or county shall determine including, without limiting the generality of the foregoing, the granting of such renewal or extension options for such rentals, for such periods and upon such terms and conditions as the municipality or county shall determine and the granting of such purchase options for such prices and upon such terms and conditions as the municipality or county shall determine;

(8) "Loan" or "make loans" means to loan upon such terms and conditions as the municipality or county shall determine;

(9) "Mortgage lien" includes and means security interest in any personal property embodied in the facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter;

(10) "Municipality" means a city of the first or second class or an incorporated town, regardless of whether such municipality owns any facilities for the transmission or distribution of electrical energy;

(11) "Sell" means to sell for such price, in such manner and upon such terms as the municipality or county shall determine including, without limiting the generality of the foregoing, private or public sale, and, if public, pursuant to such advertisement as the municipality or county shall determine, sale for cash or credit payable in lump sum or in installments over such period as the municipality or county shall determine and, if on credit, with or without interest and at such rate or rates as the municipality or county shall determine; and

(12) "State" means the State of Arkansas.

Acts 1981 (Ex. Sess.), No. 17, §§ 7, 11; A.S.A. 1947, §§ 19-5807, 19-5811.
Ark. Code Ann. § 14-116-601 — AR Code / Title 14 / Chapter 116 / Subchapter 6 / Section 14-116-601
Assessment of benefits and damages
Status: in_force

(a) After the court issues an order approving the improvement plan, the assessor shall proceed to assess the land within the project area on the basis of benefits accruing to the land from the improvement plan. (b) (1) Taking into account available funding sources, and in the discretion of the district, the total tax levied against all individual and separate parcels of land within the project area shall be sufficient to pay up to the estimated cost of the improvement, all related costs, including, but not limited to, the interest, bond issuance, legal, accounting, appraisals, the debt issuance and related costs, and up to an additional twenty percent (20%) for unforeseen contingencies. (2) The amount of interest which will accrue on notes, bonds, or other evidences of indebtedness issued by a water district shall be included in and added to the taxes levied against the land in the project area, but the interest to accrue on the notes, bonds, or other evidences of indebtedness shall not be construed as a part of the costs of construction in determining whether the expenses and the costs of making the improvements exceed the assessment of benefits. (c) The tax so levied shall be a lien upon the land within the improvement project area from the time that the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the tax and all related costs and expenses with penalties shall have been paid. (d) (1) A separate book for each improvement project area shall be maintained with respect to assessments of benefits on the basis of benefits accruing to the land from the improvement plan. (2) The assessor shall cause to be inscribed in the book the description of each tract of land. The assessor shall assess the value of the benefits to accrue to each tract by reason of the improvement plan, including, without limitation, the works of improvement, and shall enter the assessment of benefits opposite the description, together with an estimate of what the landowner will be required to pay on the assessment. (3) There shall be placed opposite the description of each tract of land the name of the owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. Evident errors which occur in the county assessment list may be corrected. (e) The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvements, including all injury to lands taken or damaged. Acts 1995, No. 838, § 7.

(a) After the court issues an order approving the improvement plan, the assessor shall proceed to assess the land within the project area on the basis of benefits accruing to the land from the improvement plan.

(b) (1) Taking into account available funding sources, and in the discretion of the district, the total tax levied against all individual and separate parcels of land within the project area shall be sufficient to pay up to the estimated cost of the improvement, all related costs, including, but not limited to, the interest, bond issuance, legal, accounting, appraisals, the debt issuance and related costs, and up to an additional twenty percent (20%) for unforeseen contingencies. (2) The amount of interest which will accrue on notes, bonds, or other evidences of indebtedness issued by a water district shall be included in and added to the taxes levied against the land in the project area, but the interest to accrue on the notes, bonds, or other evidences of indebtedness shall not be construed as a part of the costs of construction in determining whether the expenses and the costs of making the improvements exceed the assessment of benefits.

(1) Taking into account available funding sources, and in the discretion of the district, the total tax levied against all individual and separate parcels of land within the project area shall be sufficient to pay up to the estimated cost of the improvement, all related costs, including, but not limited to, the interest, bond issuance, legal, accounting, appraisals, the debt issuance and related costs, and up to an additional twenty percent (20%) for unforeseen contingencies.

(2) The amount of interest which will accrue on notes, bonds, or other evidences of indebtedness issued by a water district shall be included in and added to the taxes levied against the land in the project area, but the interest to accrue on the notes, bonds, or other evidences of indebtedness shall not be construed as a part of the costs of construction in determining whether the expenses and the costs of making the improvements exceed the assessment of benefits.

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

(d) (1) A separate book for each improvement project area shall be maintained with respect to assessments of benefits on the basis of benefits accruing to the land from the improvement plan. (2) The assessor shall cause to be inscribed in the book the description of each tract of land. The assessor shall assess the value of the benefits to accrue to each tract by reason of the improvement plan, including, without limitation, the works of improvement, and shall enter the assessment of benefits opposite the description, together with an estimate of what the landowner will be required to pay on the assessment. (3) There shall be placed opposite the description of each tract of land the name of the owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. Evident errors which occur in the county assessment list may be corrected.

(1) A separate book for each improvement project area shall be maintained with respect to assessments of benefits on the basis of benefits accruing to the land from the improvement plan.

(2) The assessor shall cause to be inscribed in the book the description of each tract of land. The assessor shall assess the value of the benefits to accrue to each tract by reason of the improvement plan, including, without limitation, the works of improvement, and shall enter the assessment of benefits opposite the description, together with an estimate of what the landowner will be required to pay on the assessment.

(3) There shall be placed opposite the description of each tract of land the name of the owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. Evident errors which occur in the county assessment list may be corrected.

(e) The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvements, including all injury to lands taken or damaged.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-123-406 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-406
Bond of contractors
Status: in_force

The contractors shall give bond to the directors in a sum sufficient to secure the prompt execution of their contract, conditioned to pay any damages which shall result to the landholders of the district from a failure to perform their contracts or by reason of a negligent performance of the contract. Acts 1879, No. 78, § 11, p. 117; C. & M. Dig., § 6828; Pope's Dig., § 4554; A.S.A. 1947, § 21-626.

The contractors shall give bond to the directors in a sum sufficient to secure the prompt execution of their contract, conditioned to pay any damages which shall result to the landholders of the district from a failure to perform their contracts or by reason of a negligent performance of the contract.

Acts 1879, No. 78, § 11, p. 117; C. & M. Dig., § 6828; Pope's Dig., § 4554; A.S.A. 1947, § 21-626.
Ark. Code Ann. § 14-320-118 — AR Code / Title 14 / Chapter 320 / Section 14-320-118
Tolls - Transfer of bridge to state
Status: in_force

(a) The board of commissioners is granted the right and power to construct, operate, and maintain the bridge as a toll bridge. It shall have the power to fix and determine, subject to the terms and provisions of the General Bridge Act, the tolls to be charged for transit over the bridge for motor-propelled vehicles, animals, foot passengers, pipelines, or other persons, firms, or corporations using the bridge, and the rates so prescribed shall be the legal rate or rates demanded and received for the transit. (b) The rates for tolls may be increased or decreased by the board of commissioners, subject however, to the terms and provisions of the General Bridge Act of Congress. (c) The board of commissioners shall make an annual report of all tolls collected to the trustees representing the bond-holders and to the State Highway Commission. One (1) copy of the report shall be filed with the clerk of the circuit court of the county in which the bridge is located. (d) When the bonded indebtedness and all claims and liabilities have been fully paid and discharged, the bridge shall become a free bridge, and the board of commissioners shall thereupon convey all of its right, title, and interest in the bridge to the State of Arkansas. Thereafter, the State Highway Commission shall maintain and operate the bridge as a part of its highway system. (e) The tolls so charged and collected for the use of the bridge shall be used as follows: (1) To the payment of reasonable cost of maintaining, repairing, and operating the bridge and approaches thereto under economical management; (2) To the payment of the principal and interest on the bonded indebtedness; and (3) The balance, if any, to be placed in a sinking fund to be used for future maintenance and operation and the retirement of bond indebtedness. Acts 1951, No. 381, § 17; A.S.A. 1947, § 76-2017.

(a) The board of commissioners is granted the right and power to construct, operate, and maintain the bridge as a toll bridge. It shall have the power to fix and determine, subject to the terms and provisions of the General Bridge Act, the tolls to be charged for transit over the bridge for motor-propelled vehicles, animals, foot passengers, pipelines, or other persons, firms, or corporations using the bridge, and the rates so prescribed shall be the legal rate or rates demanded and received for the transit.

(b) The rates for tolls may be increased or decreased by the board of commissioners, subject however, to the terms and provisions of the General Bridge Act of Congress.

(c) The board of commissioners shall make an annual report of all tolls collected to the trustees representing the bond-holders and to the State Highway Commission. One (1) copy of the report shall be filed with the clerk of the circuit court of the county in which the bridge is located.

(d) When the bonded indebtedness and all claims and liabilities have been fully paid and discharged, the bridge shall become a free bridge, and the board of commissioners shall thereupon convey all of its right, title, and interest in the bridge to the State of Arkansas. Thereafter, the State Highway Commission shall maintain and operate the bridge as a part of its highway system.

(e) The tolls so charged and collected for the use of the bridge shall be used as follows: (1) To the payment of reasonable cost of maintaining, repairing, and operating the bridge and approaches thereto under economical management; (2) To the payment of the principal and interest on the bonded indebtedness; and (3) The balance, if any, to be placed in a sinking fund to be used for future maintenance and operation and the retirement of bond indebtedness.

(1) To the payment of reasonable cost of maintaining, repairing, and operating the bridge and approaches thereto under economical management;

(2) To the payment of the principal and interest on the bonded indebtedness; and

(3) The balance, if any, to be placed in a sinking fund to be used for future maintenance and operation and the retirement of bond indebtedness.

Acts 1951, No. 381, § 17; A.S.A. 1947, § 76-2017.
Ark. Code Ann. § 14-186-203 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-203
Creation of authority - Members
Status: in_force

(a) (1) The municipal port authority shall be created by ordinance of the governing body of the city or town and shall be an instrumentality of the city or town creating the authority. (2) (A) Any city or incorporated town in the State of Arkansas shall have the right, by ordinance, to create and set up a port authority. (B) (i) The authority shall consist of and be governed by a board of not less than five (5) members and not more than seven (7) members, one (1) of whom may be the mayor of the city or incorporated town creating the authority. (ii) If the mayor is a member of the port authority, the mayor shall be chair. (iii) If the mayor is not a member of the port authority, the chair shall be elected by the members of the authority. (b) (1) The members shall be appointed by the mayor of the city or town creating the authority and shall be qualified electors residing in the city or town or within the county in which the city or town is located. (2) (A) (i) The members of the board shall be appointed for a period of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively. (ii) If the authority consists of more than five (5) members, the new members shall initially be appointed for staggered terms so that in no year will more than two (2) members be appointed to a full five-year term. (B) (i) Upon the termination of office of each member, his or her successor shall be appointed for a term of five (5) years and shall serve until his or her successor has been appointed and qualified. (ii) In the event of a vacancy, however caused, the successor shall be appointed by the mayor for the unexpired term. (3) (A) The board shall elect one (1) of their number as vice chair and shall elect a secretary and a treasurer who need not necessarily be members of the board. (B) The authority shall require a surety bond of the treasurer appointee in such amount as the authority may fix, and the premiums on it shall be paid by the authority as a necessary expense of the authority. (4) The board shall meet upon the call of its chair. A majority of all of its members shall constitute a quorum for the transaction of business. (5) The members of the authority shall receive such compensation for their services as shall be determined and prescribed by the ordinance setting up and creating the authority. Acts 1947, No. 167, §§ 1, 2, 9; 1979, No. 910, § 1; 1983, No. 622, § 1; A.S.A. 1947, §§ 19-2720, 19-2721, 19-2728; Acts 1991, No. 735, § 1; 2011, No. 833, § 1.

(a) (1) The municipal port authority shall be created by ordinance of the governing body of the city or town and shall be an instrumentality of the city or town creating the authority. (2) (A) Any city or incorporated town in the State of Arkansas shall have the right, by ordinance, to create and set up a port authority. (B) (i) The authority shall consist of and be governed by a board of not less than five (5) members and not more than seven (7) members, one (1) of whom may be the mayor of the city or incorporated town creating the authority. (ii) If the mayor is a member of the port authority, the mayor shall be chair. (iii) If the mayor is not a member of the port authority, the chair shall be elected by the members of the authority.

(1) The municipal port authority shall be created by ordinance of the governing body of the city or town and shall be an instrumentality of the city or town creating the authority.

(2) (A) Any city or incorporated town in the State of Arkansas shall have the right, by ordinance, to create and set up a port authority. (B) (i) The authority shall consist of and be governed by a board of not less than five (5) members and not more than seven (7) members, one (1) of whom may be the mayor of the city or incorporated town creating the authority. (ii) If the mayor is a member of the port authority, the mayor shall be chair. (iii) If the mayor is not a member of the port authority, the chair shall be elected by the members of the authority.

(A) Any city or incorporated town in the State of Arkansas shall have the right, by ordinance, to create and set up a port authority.

(B) (i) The authority shall consist of and be governed by a board of not less than five (5) members and not more than seven (7) members, one (1) of whom may be the mayor of the city or incorporated town creating the authority. (ii) If the mayor is a member of the port authority, the mayor shall be chair. (iii) If the mayor is not a member of the port authority, the chair shall be elected by the members of the authority.

(i) The authority shall consist of and be governed by a board of not less than five (5) members and not more than seven (7) members, one (1) of whom may be the mayor of the city or incorporated town creating the authority.

(ii) If the mayor is a member of the port authority, the mayor shall be chair.

(iii) If the mayor is not a member of the port authority, the chair shall be elected by the members of the authority.

(b) (1) The members shall be appointed by the mayor of the city or town creating the authority and shall be qualified electors residing in the city or town or within the county in which the city or town is located. (2) (A) (i) The members of the board shall be appointed for a period of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively. (ii) If the authority consists of more than five (5) members, the new members shall initially be appointed for staggered terms so that in no year will more than two (2) members be appointed to a full five-year term. (B) (i) Upon the termination of office of each member, his or her successor shall be appointed for a term of five (5) years and shall serve until his or her successor has been appointed and qualified. (ii) In the event of a vacancy, however caused, the successor shall be appointed by the mayor for the unexpired term. (3) (A) The board shall elect one (1) of their number as vice chair and shall elect a secretary and a treasurer who need not necessarily be members of the board. (B) The authority shall require a surety bond of the treasurer appointee in such amount as the authority may fix, and the premiums on it shall be paid by the authority as a necessary expense of the authority. (4) The board shall meet upon the call of its chair. A majority of all of its members shall constitute a quorum for the transaction of business. (5) The members of the authority shall receive such compensation for their services as shall be determined and prescribed by the ordinance setting up and creating the authority.

(1) The members shall be appointed by the mayor of the city or town creating the authority and shall be qualified electors residing in the city or town or within the county in which the city or town is located.

(2) (A) (i) The members of the board shall be appointed for a period of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively. (ii) If the authority consists of more than five (5) members, the new members shall initially be appointed for staggered terms so that in no year will more than two (2) members be appointed to a full five-year term. (B) (i) Upon the termination of office of each member, his or her successor shall be appointed for a term of five (5) years and shall serve until his or her successor has been appointed and qualified. (ii) In the event of a vacancy, however caused, the successor shall be appointed by the mayor for the unexpired term.

(A) (i) The members of the board shall be appointed for a period of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively. (ii) If the authority consists of more than five (5) members, the new members shall initially be appointed for staggered terms so that in no year will more than two (2) members be appointed to a full five-year term.

(i) The members of the board shall be appointed for a period of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively.

(ii) If the authority consists of more than five (5) members, the new members shall initially be appointed for staggered terms so that in no year will more than two (2) members be appointed to a full five-year term.

(B) (i) Upon the termination of office of each member, his or her successor shall be appointed for a term of five (5) years and shall serve until his or her successor has been appointed and qualified. (ii) In the event of a vacancy, however caused, the successor shall be appointed by the mayor for the unexpired term.

(i) Upon the termination of office of each member, his or her successor shall be appointed for a term of five (5) years and shall serve until his or her successor has been appointed and qualified.

(ii) In the event of a vacancy, however caused, the successor shall be appointed by the mayor for the unexpired term.

(3) (A) The board shall elect one (1) of their number as vice chair and shall elect a secretary and a treasurer who need not necessarily be members of the board. (B) The authority shall require a surety bond of the treasurer appointee in such amount as the authority may fix, and the premiums on it shall be paid by the authority as a necessary expense of the authority.

(A) The board shall elect one (1) of their number as vice chair and shall elect a secretary and a treasurer who need not necessarily be members of the board.

(B) The authority shall require a surety bond of the treasurer appointee in such amount as the authority may fix, and the premiums on it shall be paid by the authority as a necessary expense of the authority.

(4) The board shall meet upon the call of its chair. A majority of all of its members shall constitute a quorum for the transaction of business.

(5) The members of the authority shall receive such compensation for their services as shall be determined and prescribed by the ordinance setting up and creating the authority.

Acts 1947, No. 167, §§ 1, 2, 9; 1979, No. 910, § 1; 1983, No. 622, § 1; A.S.A. 1947, §§ 19-2720, 19-2721, 19-2728; Acts 1991, No. 735, § 1; 2011, No. 833, § 1.
Ark. Code Ann. § 14-357-108 — AR Code / Title 14 / Chapter 357 / Section 14-357-108
Records and reports
Status: in_force

(a) (1) The commissioners shall keep a record of all revenues and expenditures of the airport and its related properties and facilities. They shall prepare and file an annual report of the financial affairs and conditions of the airport and its related properties and facilities. (2) The report shall be filed in the office of the clerk of the county court and shall be subject to inspection by any interested person. (b) The commissioners shall also furnish such other and further reports, data, and information as shall be requested by the county court. Acts 1965, No. 384, § 8; A.S.A. 1947, § 74-708.

(a) (1) The commissioners shall keep a record of all revenues and expenditures of the airport and its related properties and facilities. They shall prepare and file an annual report of the financial affairs and conditions of the airport and its related properties and facilities. (2) The report shall be filed in the office of the clerk of the county court and shall be subject to inspection by any interested person.

(1) The commissioners shall keep a record of all revenues and expenditures of the airport and its related properties and facilities. They shall prepare and file an annual report of the financial affairs and conditions of the airport and its related properties and facilities.

(2) The report shall be filed in the office of the clerk of the county court and shall be subject to inspection by any interested person.

(b) The commissioners shall also furnish such other and further reports, data, and information as shall be requested by the county court.

Acts 1965, No. 384, § 8; A.S.A. 1947, § 74-708.
Ark. Code Ann. § 14-165-203 — AR Code / Title 14 / Chapter 165 / Subchapter 2 / Section 14-165-203
Establishment, authority, etc., of commission
Status: in_force

(a) (1) Any compact entered into under the terms of this subchapter shall provide for the establishment of an inter-municipal, inter-county, or municipal-county commission which shall hold title as trustee for the use and benefit of the parties to the compact as their interests may appear to any property acquired or constructed with the proceeds of the bonds issued by the parties. (2) (A) The commission shall be made up of one (1) representative from each party to the compact, to be appointed by the mayor or county judge of the municipality or county which the appointee represents. (B) In the case of a compact having an even number of parties, the appointed representatives of the parties to the compact shall select an additional person, who is agreeable to all parties to the compact, to serve on the commission. (3) (A) The members of the commission: (i) Shall serve for terms of three (3) years' duration; (ii) Shall be eligible for reappointment; and (iii) May be removed only for cause by the mayor or county judge of the municipality or county which they represent. (B) In the event of a vacancy other than by expiration of term, the remaining members of the commission shall fill the vacancy by appointing a member to serve the unexpired portion of the term. (b) (1) (A) Commissions created under the terms of this subchapter shall have the power to take all steps and to make and enter into all contracts and agreements necessary or incidental to the securing and developing of industry that is mutually beneficial to the parties to the compact. (B) (i) However, any contract or agreement relating to the issuance of bonds shall be approved by the municipal governing body or county court of each municipality or county which is a party to the compact before it shall be effective. (ii) Any property acquired under the provisions of this subchapter shall not be sold unless and until the terms of the sale are approved by the municipal governing body or county court of each and every party to the compact. (2) The commission may employ engineers, architects, inspectors, managers, attorneys, and such other employees as, in its judgment, may be necessary in the execution of its powers and duties and may fix their compensation. (3) After the construction or acquisition of any lands, buildings, or facilities and subject to the limitations contained in this chapter, the commission shall have the authority to reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of the lands, buildings, or facilities. (c) All expenses and liabilities incurred in carrying out the duties and powers of the commission may be paid from any available funds, including, without limitation, funds obtained from the issuance of bonds or from revenues derived from facilities constructed or acquired with the proceeds of the bonds. Acts 1960 (Ex. Sess.), No. 2, § 2; A.S.A. 1947, § 14-802.

(a) (1) Any compact entered into under the terms of this subchapter shall provide for the establishment of an inter-municipal, inter-county, or municipal-county commission which shall hold title as trustee for the use and benefit of the parties to the compact as their interests may appear to any property acquired or constructed with the proceeds of the bonds issued by the parties. (2) (A) The commission shall be made up of one (1) representative from each party to the compact, to be appointed by the mayor or county judge of the municipality or county which the appointee represents. (B) In the case of a compact having an even number of parties, the appointed representatives of the parties to the compact shall select an additional person, who is agreeable to all parties to the compact, to serve on the commission. (3) (A) The members of the commission: (i) Shall serve for terms of three (3) years' duration; (ii) Shall be eligible for reappointment; and (iii) May be removed only for cause by the mayor or county judge of the municipality or county which they represent. (B) In the event of a vacancy other than by expiration of term, the remaining members of the commission shall fill the vacancy by appointing a member to serve the unexpired portion of the term.

(1) Any compact entered into under the terms of this subchapter shall provide for the establishment of an inter-municipal, inter-county, or municipal-county commission which shall hold title as trustee for the use and benefit of the parties to the compact as their interests may appear to any property acquired or constructed with the proceeds of the bonds issued by the parties.

(2) (A) The commission shall be made up of one (1) representative from each party to the compact, to be appointed by the mayor or county judge of the municipality or county which the appointee represents. (B) In the case of a compact having an even number of parties, the appointed representatives of the parties to the compact shall select an additional person, who is agreeable to all parties to the compact, to serve on the commission.

(A) The commission shall be made up of one (1) representative from each party to the compact, to be appointed by the mayor or county judge of the municipality or county which the appointee represents.

(B) In the case of a compact having an even number of parties, the appointed representatives of the parties to the compact shall select an additional person, who is agreeable to all parties to the compact, to serve on the commission.

(3) (A) The members of the commission: (i) Shall serve for terms of three (3) years' duration; (ii) Shall be eligible for reappointment; and (iii) May be removed only for cause by the mayor or county judge of the municipality or county which they represent. (B) In the event of a vacancy other than by expiration of term, the remaining members of the commission shall fill the vacancy by appointing a member to serve the unexpired portion of the term.

(A) The members of the commission: (i) Shall serve for terms of three (3) years' duration; (ii) Shall be eligible for reappointment; and (iii) May be removed only for cause by the mayor or county judge of the municipality or county which they represent.

(i) Shall serve for terms of three (3) years' duration;

(ii) Shall be eligible for reappointment; and

(iii) May be removed only for cause by the mayor or county judge of the municipality or county which they represent.

(B) In the event of a vacancy other than by expiration of term, the remaining members of the commission shall fill the vacancy by appointing a member to serve the unexpired portion of the term.

(b) (1) (A) Commissions created under the terms of this subchapter shall have the power to take all steps and to make and enter into all contracts and agreements necessary or incidental to the securing and developing of industry that is mutually beneficial to the parties to the compact. (B) (i) However, any contract or agreement relating to the issuance of bonds shall be approved by the municipal governing body or county court of each municipality or county which is a party to the compact before it shall be effective. (ii) Any property acquired under the provisions of this subchapter shall not be sold unless and until the terms of the sale are approved by the municipal governing body or county court of each and every party to the compact. (2) The commission may employ engineers, architects, inspectors, managers, attorneys, and such other employees as, in its judgment, may be necessary in the execution of its powers and duties and may fix their compensation. (3) After the construction or acquisition of any lands, buildings, or facilities and subject to the limitations contained in this chapter, the commission shall have the authority to reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of the lands, buildings, or facilities.

(1) (A) Commissions created under the terms of this subchapter shall have the power to take all steps and to make and enter into all contracts and agreements necessary or incidental to the securing and developing of industry that is mutually beneficial to the parties to the compact. (B) (i) However, any contract or agreement relating to the issuance of bonds shall be approved by the municipal governing body or county court of each municipality or county which is a party to the compact before it shall be effective. (ii) Any property acquired under the provisions of this subchapter shall not be sold unless and until the terms of the sale are approved by the municipal governing body or county court of each and every party to the compact.

(A) Commissions created under the terms of this subchapter shall have the power to take all steps and to make and enter into all contracts and agreements necessary or incidental to the securing and developing of industry that is mutually beneficial to the parties to the compact.

(B) (i) However, any contract or agreement relating to the issuance of bonds shall be approved by the municipal governing body or county court of each municipality or county which is a party to the compact before it shall be effective. (ii) Any property acquired under the provisions of this subchapter shall not be sold unless and until the terms of the sale are approved by the municipal governing body or county court of each and every party to the compact.

(i) However, any contract or agreement relating to the issuance of bonds shall be approved by the municipal governing body or county court of each municipality or county which is a party to the compact before it shall be effective.

(ii) Any property acquired under the provisions of this subchapter shall not be sold unless and until the terms of the sale are approved by the municipal governing body or county court of each and every party to the compact.

(2) The commission may employ engineers, architects, inspectors, managers, attorneys, and such other employees as, in its judgment, may be necessary in the execution of its powers and duties and may fix their compensation.

(3) After the construction or acquisition of any lands, buildings, or facilities and subject to the limitations contained in this chapter, the commission shall have the authority to reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of the lands, buildings, or facilities.

(c) All expenses and liabilities incurred in carrying out the duties and powers of the commission may be paid from any available funds, including, without limitation, funds obtained from the issuance of bonds or from revenues derived from facilities constructed or acquired with the proceeds of the bonds.

Acts 1960 (Ex. Sess.), No. 2, § 2; A.S.A. 1947, § 14-802.
Ark. Code Ann. § 14-117-401 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-401
Plans - Construction areas
Status: in_force

(a) Plans prepared by "local organizations," as defined by the Watershed Protection and Flood Prevention Act, with assistance from the United States Department of Agriculture, Soil Conservation Service, and plans prepared by the Department of the Army, Chief of Engineers, or any other federal or state agency may be adopted by the board of directors and when so adopted shall become the plan of improvement of the district and may be used in lieu of the engineer's survey and other requirements pertaining thereto mentioned in § 14-117-202 , or as a supplement to the preliminary survey and report filed under the provisions of § 14-117-203 . As soon as the board has adopted its plan for improvement of the district and has ascertained the cost thereof, it shall file the plan with the chancery or circuit clerk. The plans shall be accompanied by a map showing the location of the proposed improvements. (b) (1) If, in the preparation of the final work plan, it is determined by the board that the location and character of the works of improvement are so varied that it would be impracticable to let contracts on all of them in the same year, or if federal funds would not be available for all of them in the same year, the final work plan may be segregated or divided into one (1) or more units of construction constituting any work or group of works proposed in the final work plan which can be constructed and operated as a feasible unit alone and which can also be operated economically in conjunction with the other proposed works in the plan. (2) The final work plan shall indicate the area included in each unit of construction and establish each such area as a separate construction area, set forth the percentage or portion of the total project costs allocated to each construction area, and delineate the lands in each construction area which, on the basis of preliminary estimates, will derive some benefit from the works of improvement to be installed therein. (3) Each construction area shall be appropriately identified by name and number, such as "Construction Area No.....". (4) The determination of the board that the works of improvement proposed in the final work plan, even though divided into units of construction, do not lack unity or singleness of purpose and that the works in each unit of construction confer some benefit on the lands therein shall be final and conclusive. (c) (1) The board of commissioners shall have the authority to let contracts for carrying out the works of improvement on a construction area basis, to borrow money and issue notes or bonds, and to assess benefits and damages on a construction area basis. (2) A separate assessment book shall be prepared and maintained for each construction area. (3) The tax levied under § 14-117-413 to secure and repay notes or bonds shall be limited to and be a lien only on the lands located within each construction area found to be benefited by the works installed in the construction area, and that fact shall be indicated on the face of the notes or bonds. (4) All published notices with respect to the assessment of benefits and damages and the borrowing of money and issuance of notes or bonds shall list the lands according to the construction area in which they are located. Acts 1949, No. 329, § 13; 1957, No. 171, § 6; 1959, No. 131, § 3; 1963, No. 37, § 3; 1971, No. 156, § 1; A.S.A. 1947, § 21-913.

(a) Plans prepared by "local organizations," as defined by the Watershed Protection and Flood Prevention Act, with assistance from the United States Department of Agriculture, Soil Conservation Service, and plans prepared by the Department of the Army, Chief of Engineers, or any other federal or state agency may be adopted by the board of directors and when so adopted shall become the plan of improvement of the district and may be used in lieu of the engineer's survey and other requirements pertaining thereto mentioned in § 14-117-202 , or as a supplement to the preliminary survey and report filed under the provisions of § 14-117-203 . As soon as the board has adopted its plan for improvement of the district and has ascertained the cost thereof, it shall file the plan with the chancery or circuit clerk. The plans shall be accompanied by a map showing the location of the proposed improvements.

(b) (1) If, in the preparation of the final work plan, it is determined by the board that the location and character of the works of improvement are so varied that it would be impracticable to let contracts on all of them in the same year, or if federal funds would not be available for all of them in the same year, the final work plan may be segregated or divided into one (1) or more units of construction constituting any work or group of works proposed in the final work plan which can be constructed and operated as a feasible unit alone and which can also be operated economically in conjunction with the other proposed works in the plan. (2) The final work plan shall indicate the area included in each unit of construction and establish each such area as a separate construction area, set forth the percentage or portion of the total project costs allocated to each construction area, and delineate the lands in each construction area which, on the basis of preliminary estimates, will derive some benefit from the works of improvement to be installed therein. (3) Each construction area shall be appropriately identified by name and number, such as "Construction Area No.....". (4) The determination of the board that the works of improvement proposed in the final work plan, even though divided into units of construction, do not lack unity or singleness of purpose and that the works in each unit of construction confer some benefit on the lands therein shall be final and conclusive.

(1) If, in the preparation of the final work plan, it is determined by the board that the location and character of the works of improvement are so varied that it would be impracticable to let contracts on all of them in the same year, or if federal funds would not be available for all of them in the same year, the final work plan may be segregated or divided into one (1) or more units of construction constituting any work or group of works proposed in the final work plan which can be constructed and operated as a feasible unit alone and which can also be operated economically in conjunction with the other proposed works in the plan.

(2) The final work plan shall indicate the area included in each unit of construction and establish each such area as a separate construction area, set forth the percentage or portion of the total project costs allocated to each construction area, and delineate the lands in each construction area which, on the basis of preliminary estimates, will derive some benefit from the works of improvement to be installed therein.

(3) Each construction area shall be appropriately identified by name and number, such as "Construction Area No.....".

(4) The determination of the board that the works of improvement proposed in the final work plan, even though divided into units of construction, do not lack unity or singleness of purpose and that the works in each unit of construction confer some benefit on the lands therein shall be final and conclusive.

(c) (1) The board of commissioners shall have the authority to let contracts for carrying out the works of improvement on a construction area basis, to borrow money and issue notes or bonds, and to assess benefits and damages on a construction area basis. (2) A separate assessment book shall be prepared and maintained for each construction area. (3) The tax levied under § 14-117-413 to secure and repay notes or bonds shall be limited to and be a lien only on the lands located within each construction area found to be benefited by the works installed in the construction area, and that fact shall be indicated on the face of the notes or bonds. (4) All published notices with respect to the assessment of benefits and damages and the borrowing of money and issuance of notes or bonds shall list the lands according to the construction area in which they are located.

(1) The board of commissioners shall have the authority to let contracts for carrying out the works of improvement on a construction area basis, to borrow money and issue notes or bonds, and to assess benefits and damages on a construction area basis.

(2) A separate assessment book shall be prepared and maintained for each construction area.

(3) The tax levied under § 14-117-413 to secure and repay notes or bonds shall be limited to and be a lien only on the lands located within each construction area found to be benefited by the works installed in the construction area, and that fact shall be indicated on the face of the notes or bonds.

(4) All published notices with respect to the assessment of benefits and damages and the borrowing of money and issuance of notes or bonds shall list the lands according to the construction area in which they are located.

Acts 1949, No. 329, § 13; 1957, No. 171, § 6; 1959, No. 131, § 3; 1963, No. 37, § 3; 1971, No. 156, § 1; A.S.A. 1947, § 21-913.
Ark. Code Ann. § 14-43-407 — AR Code / Title 14 / Chapter 43 / Subchapter 4 / Section 14-43-407
Deputy city attorneys
Status: in_force

(a) Any city attorney of a city of the first class, subject to the provisions of this section, shall have the power to appoint one (1) or more deputies for whose official acts the officer appointing the deputy shall be responsible. (b) A deputy city attorney appointed pursuant to the provisions of this section shall serve at the will of the officer appointing him or her. (c) Unless otherwise provided by ordinance of the city council, the salary or other compensation of any deputy city attorney appointed pursuant to this section shall be paid by the city attorney from his or her own compensation. (d) This section is cumulative as to any law authorizing the appointment of a deputy city attorney in certain cities of the first class. Nothing contained in this section shall be construed to invalidate the appointment of any such deputy made pursuant to law, nor to change the compensation thereof as previously fixed by law or by the action of any council. Nor shall this section be deemed to limit or impair the right of the council hereafter to fix the compensation or salary of such a deputy appointed pursuant to the provisions of this section or any other legislation. Acts 1957, No. 9, §§ 1-4; A.S.A. 1947, §§ 19-1019.1 -- 19-1019.4.

(a) Any city attorney of a city of the first class, subject to the provisions of this section, shall have the power to appoint one (1) or more deputies for whose official acts the officer appointing the deputy shall be responsible.

(b) A deputy city attorney appointed pursuant to the provisions of this section shall serve at the will of the officer appointing him or her.

(c) Unless otherwise provided by ordinance of the city council, the salary or other compensation of any deputy city attorney appointed pursuant to this section shall be paid by the city attorney from his or her own compensation.

(d) This section is cumulative as to any law authorizing the appointment of a deputy city attorney in certain cities of the first class. Nothing contained in this section shall be construed to invalidate the appointment of any such deputy made pursuant to law, nor to change the compensation thereof as previously fixed by law or by the action of any council. Nor shall this section be deemed to limit or impair the right of the council hereafter to fix the compensation or salary of such a deputy appointed pursuant to the provisions of this section or any other legislation.

Acts 1957, No. 9, §§ 1-4; A.S.A. 1947, §§ 19-1019.1 -- 19-1019.4.
Ark. Code Ann. § 14-235-221 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-221
Sinking fund to pay bonds and interest
Status: in_force

(a) (1) At or before the issuance of any bonds under this subchapter, the municipal council shall, by ordinance, create a sinking fund for the payment of the bonds and the interest on them and the payment of the charges of banks or trust companies for making payment of the bonds or interest and shall set aside and pledge a sufficient amount of the net revenues of the works, meaning the revenues of the works remaining after the payment of the reasonable expense of operation, repair, and maintenance. (2) (A) This amount shall be paid by the sewer committee into the sinking fund at intervals to be determined by ordinance prior to issuance of the bonds, for: (i) The interest upon the bonds as interest shall fall due; (ii) The necessary fiscal agency charges for paying bonds and interest; (iii) The payment of the bonds as they fall due, or, if all bonds mature at one time, the proper maintenance of a sinking fund sufficient for the payment of them at such time; and (iv) A margin for safety and for the payment of premiums upon bonds retired by call or purchase as provided in this subchapter, which margin, together with any unused surplus of such margin carried forward from the preceding year, shall equal ten percent (10%) of all other amounts so required to be paid into the sinking fund. (B) Required payments shall constitute a first charge upon all the net revenues of the works. (b) (1) Prior to the issuance of the bonds, the committee, by ordinance, may be given the right to use or direct the trustee to use the sinking fund, or any part of it, in the purchase of any of the outstanding bonds payable from it at the market price of them but not exceeding the price, if any, at which they shall, in the same year, be payable or redeemable, and all bonds redeemed or purchased shall be cancelled and shall not again be issued. (2) After the payments into the sinking fund as required in this section, the committee, at any time, in its discretion, may transfer all, or any part, of the balance of the net revenues after reserving an amount deemed by the committee sufficient for operation, repair, and maintenance for an ensuing period of not less than twelve (12) months and for depreciation, into the sinking fund or into a fund for extensions, betterments, and additions to the works. Acts 1933, No. 132, § 12; Pope's Dig., § 9988; A.S.A. 1947, § 19-4112.

(a) (1) At or before the issuance of any bonds under this subchapter, the municipal council shall, by ordinance, create a sinking fund for the payment of the bonds and the interest on them and the payment of the charges of banks or trust companies for making payment of the bonds or interest and shall set aside and pledge a sufficient amount of the net revenues of the works, meaning the revenues of the works remaining after the payment of the reasonable expense of operation, repair, and maintenance. (2) (A) This amount shall be paid by the sewer committee into the sinking fund at intervals to be determined by ordinance prior to issuance of the bonds, for: (i) The interest upon the bonds as interest shall fall due; (ii) The necessary fiscal agency charges for paying bonds and interest; (iii) The payment of the bonds as they fall due, or, if all bonds mature at one time, the proper maintenance of a sinking fund sufficient for the payment of them at such time; and (iv) A margin for safety and for the payment of premiums upon bonds retired by call or purchase as provided in this subchapter, which margin, together with any unused surplus of such margin carried forward from the preceding year, shall equal ten percent (10%) of all other amounts so required to be paid into the sinking fund. (B) Required payments shall constitute a first charge upon all the net revenues of the works.

(1) At or before the issuance of any bonds under this subchapter, the municipal council shall, by ordinance, create a sinking fund for the payment of the bonds and the interest on them and the payment of the charges of banks or trust companies for making payment of the bonds or interest and shall set aside and pledge a sufficient amount of the net revenues of the works, meaning the revenues of the works remaining after the payment of the reasonable expense of operation, repair, and maintenance.

(2) (A) This amount shall be paid by the sewer committee into the sinking fund at intervals to be determined by ordinance prior to issuance of the bonds, for: (i) The interest upon the bonds as interest shall fall due; (ii) The necessary fiscal agency charges for paying bonds and interest; (iii) The payment of the bonds as they fall due, or, if all bonds mature at one time, the proper maintenance of a sinking fund sufficient for the payment of them at such time; and (iv) A margin for safety and for the payment of premiums upon bonds retired by call or purchase as provided in this subchapter, which margin, together with any unused surplus of such margin carried forward from the preceding year, shall equal ten percent (10%) of all other amounts so required to be paid into the sinking fund. (B) Required payments shall constitute a first charge upon all the net revenues of the works.

(A) This amount shall be paid by the sewer committee into the sinking fund at intervals to be determined by ordinance prior to issuance of the bonds, for: (i) The interest upon the bonds as interest shall fall due; (ii) The necessary fiscal agency charges for paying bonds and interest; (iii) The payment of the bonds as they fall due, or, if all bonds mature at one time, the proper maintenance of a sinking fund sufficient for the payment of them at such time; and (iv) A margin for safety and for the payment of premiums upon bonds retired by call or purchase as provided in this subchapter, which margin, together with any unused surplus of such margin carried forward from the preceding year, shall equal ten percent (10%) of all other amounts so required to be paid into the sinking fund.

(i) The interest upon the bonds as interest shall fall due;

(ii) The necessary fiscal agency charges for paying bonds and interest;

(iii) The payment of the bonds as they fall due, or, if all bonds mature at one time, the proper maintenance of a sinking fund sufficient for the payment of them at such time; and

(iv) A margin for safety and for the payment of premiums upon bonds retired by call or purchase as provided in this subchapter, which margin, together with any unused surplus of such margin carried forward from the preceding year, shall equal ten percent (10%) of all other amounts so required to be paid into the sinking fund.

(B) Required payments shall constitute a first charge upon all the net revenues of the works.

(b) (1) Prior to the issuance of the bonds, the committee, by ordinance, may be given the right to use or direct the trustee to use the sinking fund, or any part of it, in the purchase of any of the outstanding bonds payable from it at the market price of them but not exceeding the price, if any, at which they shall, in the same year, be payable or redeemable, and all bonds redeemed or purchased shall be cancelled and shall not again be issued. (2) After the payments into the sinking fund as required in this section, the committee, at any time, in its discretion, may transfer all, or any part, of the balance of the net revenues after reserving an amount deemed by the committee sufficient for operation, repair, and maintenance for an ensuing period of not less than twelve (12) months and for depreciation, into the sinking fund or into a fund for extensions, betterments, and additions to the works.

(1) Prior to the issuance of the bonds, the committee, by ordinance, may be given the right to use or direct the trustee to use the sinking fund, or any part of it, in the purchase of any of the outstanding bonds payable from it at the market price of them but not exceeding the price, if any, at which they shall, in the same year, be payable or redeemable, and all bonds redeemed or purchased shall be cancelled and shall not again be issued.

(2) After the payments into the sinking fund as required in this section, the committee, at any time, in its discretion, may transfer all, or any part, of the balance of the net revenues after reserving an amount deemed by the committee sufficient for operation, repair, and maintenance for an ensuing period of not less than twelve (12) months and for depreciation, into the sinking fund or into a fund for extensions, betterments, and additions to the works.

Acts 1933, No. 132, § 12; Pope's Dig., § 9988; A.S.A. 1947, § 19-4112.
Ark. Code Ann. § 14-116-309 — AR Code / Title 14 / Chapter 116 / Subchapter 3 / Section 14-116-309
Powers and duties
Status: in_force

(a) All powers granted a water district created under this subchapter shall be executed by a board of directors. (b) The board shall have the right, power, and authority to employ attorneys, agents, and personnel as it may deem necessary and to fix their compensation. Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.

(a) All powers granted a water district created under this subchapter shall be executed by a board of directors.

(b) The board shall have the right, power, and authority to employ attorneys, agents, and personnel as it may deem necessary and to fix their compensation.

Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.
Ark. Code Ann. § 14-15-307 — AR Code / Title 14 / Chapter 15 / Subchapter 3 / Section 14-15-307
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 4855, eff. 7/1/2019. Repealed by Act 2019, No. 383,§ 4, eff. 7/24/2019. Acts 2009, No. 1275, § 1.

Amended by Act 2019, No. 910,§ 4855, eff. 7/1/2019.

Repealed by Act 2019, No. 383,§ 4, eff. 7/24/2019.

Acts 2009, No. 1275, § 1.