Ark. Code Ann. § 14-234-212 — AR Code / Title 14 / Chapter 234 / Subchapter 2 / Section 14-234-212
Issuance of bonds to construct improvements
Status: in_force

(a) (1) If any municipality shall own or operate a waterworks system, whether or not purchased or constructed under the provisions of this subchapter, and shall desire to construct improvements, extensions, or betterments thereto, it may issue revenue bonds under the provisions of this subchapter to provide funds for those purposes. However, if the municipality deems that it has sufficient funds to construct the proposed improvements without borrowing, then it shall not be necessary to issue revenue bonds to pay for the proposed improvements. (2) A municipality may also issue revenue bonds under the provisions of this subchapter to provide funds to pay extraordinary expenses or liabilities arising from the ownership and operation of its waterworks system including, without limitation, liabilities to customers of the waterworks system for charges collected for services of the system. (b) (1) The procedure for the issuance of bonds and the fixing of rates shall be the same as in this subchapter provided for the issuance of bonds for the acquisition or construction of a waterworks system in a municipality which has not theretofore owned and operated a waterworks system. (2) In the ordinance declaring the intention to issue bonds and providing details in connection therewith, the legislative body shall either: (A) Provide, find, and declare, in addition to the other requirements set out in this subchapter, the value of the then-existing system and, in the case of financing betterments and improvements, the value of the property proposed to be constructed and that the revenues derived from the entire system when the contemplated betterments and improvements are completed shall be divided according to such values and that so much of the revenue as is in proportion to the value of the betterments and improvements as against the value of the previously existing plant as so determined shall be set aside and used solely and only for the purpose of paying the revenue bonds issued for the betterments and improvements, together with the cost of operation, maintenance, and depreciation thereof, and the revenues shall be deemed to be income derived exclusively from the betterments and improvements; or (B) Provide that there shall be set aside and used solely and only for the purpose of paying revenue bonds issued: (i) For the betterments and improvements, together with the cost of depreciation, maintenance, and operation thereof; or (ii) For extraordinary expenses or liabilities all or any part of the surplus in the bond and interest redemption account referred to in § 14-234-214 . (3) For the purpose of allocating revenues, the book value of the existing system may be deemed to be the value of the existing system. Acts 1933, No. 131, § 10; 1935, No. 107, § 1; Pope's Dig., § 10009; Acts 1939, No. 135, § 2; 1943, No. 178, § 2; 1955, No. 321, § 4; A.S.A. 1947, § 19-4210; Acts 1987, No. 87, § 1.

(a) (1) If any municipality shall own or operate a waterworks system, whether or not purchased or constructed under the provisions of this subchapter, and shall desire to construct improvements, extensions, or betterments thereto, it may issue revenue bonds under the provisions of this subchapter to provide funds for those purposes. However, if the municipality deems that it has sufficient funds to construct the proposed improvements without borrowing, then it shall not be necessary to issue revenue bonds to pay for the proposed improvements. (2) A municipality may also issue revenue bonds under the provisions of this subchapter to provide funds to pay extraordinary expenses or liabilities arising from the ownership and operation of its waterworks system including, without limitation, liabilities to customers of the waterworks system for charges collected for services of the system.

(1) If any municipality shall own or operate a waterworks system, whether or not purchased or constructed under the provisions of this subchapter, and shall desire to construct improvements, extensions, or betterments thereto, it may issue revenue bonds under the provisions of this subchapter to provide funds for those purposes. However, if the municipality deems that it has sufficient funds to construct the proposed improvements without borrowing, then it shall not be necessary to issue revenue bonds to pay for the proposed improvements.

(2) A municipality may also issue revenue bonds under the provisions of this subchapter to provide funds to pay extraordinary expenses or liabilities arising from the ownership and operation of its waterworks system including, without limitation, liabilities to customers of the waterworks system for charges collected for services of the system.

(b) (1) The procedure for the issuance of bonds and the fixing of rates shall be the same as in this subchapter provided for the issuance of bonds for the acquisition or construction of a waterworks system in a municipality which has not theretofore owned and operated a waterworks system. (2) In the ordinance declaring the intention to issue bonds and providing details in connection therewith, the legislative body shall either: (A) Provide, find, and declare, in addition to the other requirements set out in this subchapter, the value of the then-existing system and, in the case of financing betterments and improvements, the value of the property proposed to be constructed and that the revenues derived from the entire system when the contemplated betterments and improvements are completed shall be divided according to such values and that so much of the revenue as is in proportion to the value of the betterments and improvements as against the value of the previously existing plant as so determined shall be set aside and used solely and only for the purpose of paying the revenue bonds issued for the betterments and improvements, together with the cost of operation, maintenance, and depreciation thereof, and the revenues shall be deemed to be income derived exclusively from the betterments and improvements; or (B) Provide that there shall be set aside and used solely and only for the purpose of paying revenue bonds issued: (i) For the betterments and improvements, together with the cost of depreciation, maintenance, and operation thereof; or (ii) For extraordinary expenses or liabilities all or any part of the surplus in the bond and interest redemption account referred to in § 14-234-214 . (3) For the purpose of allocating revenues, the book value of the existing system may be deemed to be the value of the existing system.

(1) The procedure for the issuance of bonds and the fixing of rates shall be the same as in this subchapter provided for the issuance of bonds for the acquisition or construction of a waterworks system in a municipality which has not theretofore owned and operated a waterworks system.

(2) In the ordinance declaring the intention to issue bonds and providing details in connection therewith, the legislative body shall either: (A) Provide, find, and declare, in addition to the other requirements set out in this subchapter, the value of the then-existing system and, in the case of financing betterments and improvements, the value of the property proposed to be constructed and that the revenues derived from the entire system when the contemplated betterments and improvements are completed shall be divided according to such values and that so much of the revenue as is in proportion to the value of the betterments and improvements as against the value of the previously existing plant as so determined shall be set aside and used solely and only for the purpose of paying the revenue bonds issued for the betterments and improvements, together with the cost of operation, maintenance, and depreciation thereof, and the revenues shall be deemed to be income derived exclusively from the betterments and improvements; or (B) Provide that there shall be set aside and used solely and only for the purpose of paying revenue bonds issued: (i) For the betterments and improvements, together with the cost of depreciation, maintenance, and operation thereof; or (ii) For extraordinary expenses or liabilities all or any part of the surplus in the bond and interest redemption account referred to in § 14-234-214 .

(A) Provide, find, and declare, in addition to the other requirements set out in this subchapter, the value of the then-existing system and, in the case of financing betterments and improvements, the value of the property proposed to be constructed and that the revenues derived from the entire system when the contemplated betterments and improvements are completed shall be divided according to such values and that so much of the revenue as is in proportion to the value of the betterments and improvements as against the value of the previously existing plant as so determined shall be set aside and used solely and only for the purpose of paying the revenue bonds issued for the betterments and improvements, together with the cost of operation, maintenance, and depreciation thereof, and the revenues shall be deemed to be income derived exclusively from the betterments and improvements; or

(B) Provide that there shall be set aside and used solely and only for the purpose of paying revenue bonds issued: (i) For the betterments and improvements, together with the cost of depreciation, maintenance, and operation thereof; or (ii) For extraordinary expenses or liabilities all or any part of the surplus in the bond and interest redemption account referred to in § 14-234-214 .

(i) For the betterments and improvements, together with the cost of depreciation, maintenance, and operation thereof; or

(ii) For extraordinary expenses or liabilities all or any part of the surplus in the bond and interest redemption account referred to in § 14-234-214 .

(3) For the purpose of allocating revenues, the book value of the existing system may be deemed to be the value of the existing system.

Acts 1933, No. 131, § 10; 1935, No. 107, § 1; Pope's Dig., § 10009; Acts 1939, No. 135, § 2; 1943, No. 178, § 2; 1955, No. 321, § 4; A.S.A. 1947, § 19-4210; Acts 1987, No. 87, § 1.
Ark. Code Ann. § 14-166-205 — AR Code / Title 14 / Chapter 166 / Subchapter 2 / Section 14-166-205
Conditions of payments
Status: in_force

(a) (1) Whenever the General Assembly shall have appropriated funds to be used for making payments as authorized in this subchapter, the Department of Finance and Administration shall notify the respective boards of directors of the planning and development districts of the amount allocated to the district as provided in § 14-166-204 and shall notify the district that application for the funds may be made upon forms provided by the department. (2) Upon receipt of application for such allocated funds from a district, the department shall determine that the following conditions have been met before making payments: (A) The organization applying for payment is officially recognized as a designated district in accordance with § 14-166-202 and § 14-166-203 ; (B) The governing board of directors of the organization shall certify that a proposed budget has been established for the expenditures of state and local funds for purposes consistent with the purposes of this subchapter; (C) The organization has obtained nonfederal matching funds committed from local governments or private sources at least equal to the amount of the payment of state funds, and the president or treasurer of the board of directors of the organization shall certify, from time to time, that such matching funds from local or private sources are on deposit to the organization's own account before quarterly payments of state funds may be made to the district; (D) At the end of each fiscal year, an audited report of expenditures of the district shall be submitted to the department, and any state funds unexpended or unobligated by June 30 shall be returned by the district to the State Treasury. In addition, if the district shall have used any state funds for any purpose not within the purposes of this subchapter, the amount thereof shall be reimbursed to the State of Arkansas before any additional payments may be made to the district. (b) Upon receipt of the application for funds from a district, the department shall review it, and if the department shall determine that the district is qualified to receive payments under this subchapter, state funds shall be paid to the district on a dollar-for-dollar matching basis of funds provided from local or private nonfederal sources. However, in no event may state matching funds exceed the amount of funds allocated to the district for the fiscal year from funds appropriated for it. (c) (1) It is the specific intention of the General Assembly that all or part of the state and local funds may be used to qualify for matching federal funds to be used for the purposes provided in this subchapter. (2) In the event a district shall not qualify for the total amount of state funds allocated to the district during any fiscal year because of failure to provide the required matching funds from nonfederal local or private sources, the amount thereof for which the district does not qualify shall remain in the State Treasury and shall not be apportioned for payment to other districts, it being the intention of this section that each district shall receive no payment in excess of the pro rata share of state funds allocated to the district. Acts 1969, No. 118, § 5; A.S.A. 1947, § 9-328.

(a) (1) Whenever the General Assembly shall have appropriated funds to be used for making payments as authorized in this subchapter, the Department of Finance and Administration shall notify the respective boards of directors of the planning and development districts of the amount allocated to the district as provided in § 14-166-204 and shall notify the district that application for the funds may be made upon forms provided by the department. (2) Upon receipt of application for such allocated funds from a district, the department shall determine that the following conditions have been met before making payments: (A) The organization applying for payment is officially recognized as a designated district in accordance with § 14-166-202 and § 14-166-203 ; (B) The governing board of directors of the organization shall certify that a proposed budget has been established for the expenditures of state and local funds for purposes consistent with the purposes of this subchapter; (C) The organization has obtained nonfederal matching funds committed from local governments or private sources at least equal to the amount of the payment of state funds, and the president or treasurer of the board of directors of the organization shall certify, from time to time, that such matching funds from local or private sources are on deposit to the organization's own account before quarterly payments of state funds may be made to the district; (D) At the end of each fiscal year, an audited report of expenditures of the district shall be submitted to the department, and any state funds unexpended or unobligated by June 30 shall be returned by the district to the State Treasury. In addition, if the district shall have used any state funds for any purpose not within the purposes of this subchapter, the amount thereof shall be reimbursed to the State of Arkansas before any additional payments may be made to the district.

(1) Whenever the General Assembly shall have appropriated funds to be used for making payments as authorized in this subchapter, the Department of Finance and Administration shall notify the respective boards of directors of the planning and development districts of the amount allocated to the district as provided in § 14-166-204 and shall notify the district that application for the funds may be made upon forms provided by the department.

(2) Upon receipt of application for such allocated funds from a district, the department shall determine that the following conditions have been met before making payments: (A) The organization applying for payment is officially recognized as a designated district in accordance with § 14-166-202 and § 14-166-203 ; (B) The governing board of directors of the organization shall certify that a proposed budget has been established for the expenditures of state and local funds for purposes consistent with the purposes of this subchapter; (C) The organization has obtained nonfederal matching funds committed from local governments or private sources at least equal to the amount of the payment of state funds, and the president or treasurer of the board of directors of the organization shall certify, from time to time, that such matching funds from local or private sources are on deposit to the organization's own account before quarterly payments of state funds may be made to the district; (D) At the end of each fiscal year, an audited report of expenditures of the district shall be submitted to the department, and any state funds unexpended or unobligated by June 30 shall be returned by the district to the State Treasury. In addition, if the district shall have used any state funds for any purpose not within the purposes of this subchapter, the amount thereof shall be reimbursed to the State of Arkansas before any additional payments may be made to the district.

(A) The organization applying for payment is officially recognized as a designated district in accordance with § 14-166-202 and § 14-166-203 ;

(B) The governing board of directors of the organization shall certify that a proposed budget has been established for the expenditures of state and local funds for purposes consistent with the purposes of this subchapter;

(C) The organization has obtained nonfederal matching funds committed from local governments or private sources at least equal to the amount of the payment of state funds, and the president or treasurer of the board of directors of the organization shall certify, from time to time, that such matching funds from local or private sources are on deposit to the organization's own account before quarterly payments of state funds may be made to the district;

(D) At the end of each fiscal year, an audited report of expenditures of the district shall be submitted to the department, and any state funds unexpended or unobligated by June 30 shall be returned by the district to the State Treasury. In addition, if the district shall have used any state funds for any purpose not within the purposes of this subchapter, the amount thereof shall be reimbursed to the State of Arkansas before any additional payments may be made to the district.

(b) Upon receipt of the application for funds from a district, the department shall review it, and if the department shall determine that the district is qualified to receive payments under this subchapter, state funds shall be paid to the district on a dollar-for-dollar matching basis of funds provided from local or private nonfederal sources. However, in no event may state matching funds exceed the amount of funds allocated to the district for the fiscal year from funds appropriated for it.

(c) (1) It is the specific intention of the General Assembly that all or part of the state and local funds may be used to qualify for matching federal funds to be used for the purposes provided in this subchapter. (2) In the event a district shall not qualify for the total amount of state funds allocated to the district during any fiscal year because of failure to provide the required matching funds from nonfederal local or private sources, the amount thereof for which the district does not qualify shall remain in the State Treasury and shall not be apportioned for payment to other districts, it being the intention of this section that each district shall receive no payment in excess of the pro rata share of state funds allocated to the district.

(1) It is the specific intention of the General Assembly that all or part of the state and local funds may be used to qualify for matching federal funds to be used for the purposes provided in this subchapter.

(2) In the event a district shall not qualify for the total amount of state funds allocated to the district during any fiscal year because of failure to provide the required matching funds from nonfederal local or private sources, the amount thereof for which the district does not qualify shall remain in the State Treasury and shall not be apportioned for payment to other districts, it being the intention of this section that each district shall receive no payment in excess of the pro rata share of state funds allocated to the district.

Acts 1969, No. 118, § 5; A.S.A. 1947, § 9-328.
Ark. Code Ann. § 14-137-105 — AR Code / Title 14 / Chapter 137 / Section 14-137-105
Construction
Status: in_force

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of it. Acts 1975, No. 142, § 20; A.S.A. 1947, § 20-1720.

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of it.

Acts 1975, No. 142, § 20; A.S.A. 1947, § 20-1720.
Ark. Code Ann. § 14-21-105 — AR Code / Title 14 / Chapter 21 / Subchapter 1 / Section 14-21-105
Funds in closed banks
Status: in_force

(a) Where various funds of counties are on deposit in a closed bank and the bank could be reopened by agreements for deferred payments of deposits, the county court of any county in which any closed bank is situated is authorized, by proper order of the county court, to consent to deferred payments of deposits of all public funds in the closed bank upon such terms as may be fixed by the order of the court. (b) This section shall apply to all county general, roads, school, and all other funds which are handled by county treasurers. Acts 1931, No. 201, § 1; Pope's Dig., § 2624; A.S.A. 1947, § 17-604.

(a) Where various funds of counties are on deposit in a closed bank and the bank could be reopened by agreements for deferred payments of deposits, the county court of any county in which any closed bank is situated is authorized, by proper order of the county court, to consent to deferred payments of deposits of all public funds in the closed bank upon such terms as may be fixed by the order of the court.

(b) This section shall apply to all county general, roads, school, and all other funds which are handled by county treasurers.

Acts 1931, No. 201, § 1; Pope's Dig., § 2624; A.S.A. 1947, § 17-604.
Ark. Code Ann. § 14-117-207 — AR Code / Title 14 / Chapter 117 / Subchapter 2 / Section 14-117-207
Effect of establishment order - Appeal
Status: in_force

(a) The order of the chancery or circuit court establishing the district shall have all the force of a judgment. (b) Any owner of real property within the district may appeal from the judgment within thirty (30) days after the judgment has been made, but if no appeal is taken within that time, the judgment shall be deemed conclusive and binding upon all the real property within the bounds of the district, and upon the owners thereof. (c) Any owner of property in the proposed district may within a like time appeal from any order refusing to establish the district. Acts 1949, No. 329, § 7; 1963, No. 110, § 2; A.S.A. 1947, § 21-907.

(a) The order of the chancery or circuit court establishing the district shall have all the force of a judgment.

(b) Any owner of real property within the district may appeal from the judgment within thirty (30) days after the judgment has been made, but if no appeal is taken within that time, the judgment shall be deemed conclusive and binding upon all the real property within the bounds of the district, and upon the owners thereof.

(c) Any owner of property in the proposed district may within a like time appeal from any order refusing to establish the district.

Acts 1949, No. 329, § 7; 1963, No. 110, § 2; A.S.A. 1947, § 21-907.
Ark. Code Ann. § 14-122-112 — AR Code / Title 14 / Chapter 122 / Subchapter 1 / Section 14-122-112
Dissolution of districts
Status: in_force

A district created under this chapter shall continue in existence in perpetuity unless dissolved by ordinance of the governing body of the city. However, no district shall be dissolved at any time during which there shall be outstanding bonded indebtedness of the district unless funds sufficient to retire the indebtedness, including all interest, redemption premiums, if any, trustee's and paying agent's fees, and cost of publication of notice of redemption, shall have been deposited in trust according to the terms of the resolution or trust indenture authorizing the bonded indebtedness. Acts 1975, No. 746, § 15; A.S.A. 1947, § 20-1815.

A district created under this chapter shall continue in existence in perpetuity unless dissolved by ordinance of the governing body of the city. However, no district shall be dissolved at any time during which there shall be outstanding bonded indebtedness of the district unless funds sufficient to retire the indebtedness, including all interest, redemption premiums, if any, trustee's and paying agent's fees, and cost of publication of notice of redemption, shall have been deposited in trust according to the terms of the resolution or trust indenture authorizing the bonded indebtedness.

Acts 1975, No. 746, § 15; A.S.A. 1947, § 20-1815.
Ark. Code Ann. § 14-286-104 — AR Code / Title 14 / Chapter 286 / Section 14-286-104
Boards - District established - Members
Status: in_force

(a) Upon approval by the voters of the red imported fire ant abatement district and the levy of assessed benefits to support the district, the county court shall enter an order establishing the district as described in the petitions and shall appoint five (5) qualified electors of the district as a board of commissioners for the district. Two (2) members of the commission shall be appointed for terms of two (2) years and three (3) members shall be appointed for terms of three (3) years. (b) All successor members shall be appointed by the county court for terms of three (3) years. (c) Vacancies occurring on the board for reasons other than the expiration of a term shall be filled by the county court for the unexpired term. (d) The members of the board shall serve without compensation, but shall be entitled to actual expenses incurred in attending meetings in an amount not to exceed fifty dollars ($50.00) per day for each member of the board. Acts 1997, No. 590, § 4.

(a) Upon approval by the voters of the red imported fire ant abatement district and the levy of assessed benefits to support the district, the county court shall enter an order establishing the district as described in the petitions and shall appoint five (5) qualified electors of the district as a board of commissioners for the district. Two (2) members of the commission shall be appointed for terms of two (2) years and three (3) members shall be appointed for terms of three (3) years.

(b) All successor members shall be appointed by the county court for terms of three (3) years.

(c) Vacancies occurring on the board for reasons other than the expiration of a term shall be filled by the county court for the unexpired term.

(d) The members of the board shall serve without compensation, but shall be entitled to actual expenses incurred in attending meetings in an amount not to exceed fifty dollars ($50.00) per day for each member of the board.

Acts 1997, No. 590, § 4.
Ark. Code Ann. § 14-56-509 — AR Code / Title 14 / Chapter 56 / Subchapter 5 / Section 14-56-509
Appropriations
Status: in_force

The participating cities and counties, or other public bodies, are authorized to appropriate funds for the expenses and costs required by the metropolitan or regional planning commission in the performance of its purposes and functions. Acts 1955, No. 26, § 4; A.S.A. 1947, § 19-2823.

The participating cities and counties, or other public bodies, are authorized to appropriate funds for the expenses and costs required by the metropolitan or regional planning commission in the performance of its purposes and functions.

Acts 1955, No. 26, § 4; A.S.A. 1947, § 19-2823.
Ark. Code Ann. § 14-199-303 — AR Code / Title 14 / Chapter 199 / Subchapter 3 / Section 14-199-303
Payment - Bond
Status: in_force

(a) Where the sale price is an amount greater than the outstanding secured indebtedness of the district, at least the excess over the amount of the secured indebtedness shall be paid in cash. (b) (1) All deferred payments, if any, shall be secured by a bond for one and one-half (11/2) times the total amount of the deferred payments. This bond shall be for the maintenance of the plant or system during the time of any outstanding secured indebtedness and for the prompt payment of any interest or principal on any secured indebtedness as and when the interest or principal shall fall due. (2) The bond shall be further conditioned that the purchaser will maintain insurance upon the plant for an amount to be agreed upon, with a "loss payable" clause for the benefit of the town or city making the sale as its interest may appear. (3) The bond shall be approved by the town or city council. (4) The bond provided for in this section and § 14-199-301 shall be made by a corporate surety company authorized to do business in the State of Arkansas. Acts 1923, No. 322, § 3; Pope's Dig., § 7392; A.S.A. 1947, § 19-3908.

(a) Where the sale price is an amount greater than the outstanding secured indebtedness of the district, at least the excess over the amount of the secured indebtedness shall be paid in cash.

(b) (1) All deferred payments, if any, shall be secured by a bond for one and one-half (11/2) times the total amount of the deferred payments. This bond shall be for the maintenance of the plant or system during the time of any outstanding secured indebtedness and for the prompt payment of any interest or principal on any secured indebtedness as and when the interest or principal shall fall due. (2) The bond shall be further conditioned that the purchaser will maintain insurance upon the plant for an amount to be agreed upon, with a "loss payable" clause for the benefit of the town or city making the sale as its interest may appear. (3) The bond shall be approved by the town or city council. (4) The bond provided for in this section and § 14-199-301 shall be made by a corporate surety company authorized to do business in the State of Arkansas.

(1) All deferred payments, if any, shall be secured by a bond for one and one-half (11/2) times the total amount of the deferred payments. This bond shall be for the maintenance of the plant or system during the time of any outstanding secured indebtedness and for the prompt payment of any interest or principal on any secured indebtedness as and when the interest or principal shall fall due.

(2) The bond shall be further conditioned that the purchaser will maintain insurance upon the plant for an amount to be agreed upon, with a "loss payable" clause for the benefit of the town or city making the sale as its interest may appear.

(3) The bond shall be approved by the town or city council.

(4) The bond provided for in this section and § 14-199-301 shall be made by a corporate surety company authorized to do business in the State of Arkansas.

Acts 1923, No. 322, § 3; Pope's Dig., § 7392; A.S.A. 1947, § 19-3908.
Ark. Code Ann. § 14-284-106 — AR Code / Title 14 / Chapter 284 / Subchapter 1 / Section 14-284-106
Board of commissioners - Proceedings - Officers - Employees - Selection of depository
Status: in_force

(a) (1) Within thirty (30) days after their appointment, the commissioners shall take and file with the county clerk their oaths of office in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board. (2) Any commissioner failing to file the oath within that period shall be deemed to have declined the office. The county court shall appoint some resident property holder as his successor who shall qualify in like manner within a like time. (b) The board shall organize by electing one (1) of its members chairman, and it shall select a secretary. (c) The board may also employ fire fighters and organize a voluntary fire department, as it deems best, and fix the compensation for paid fire fighters. (d) Each district shall be a body corporate with power to sue and be sued, and it shall have a corporate seal. (e) The board shall also select some solvent bank or trust company as the depository of its funds. Acts 1939, No. 183, § 3; A.S.A. 1947, § 20-903.

(a) (1) Within thirty (30) days after their appointment, the commissioners shall take and file with the county clerk their oaths of office in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board. (2) Any commissioner failing to file the oath within that period shall be deemed to have declined the office. The county court shall appoint some resident property holder as his successor who shall qualify in like manner within a like time.

(1) Within thirty (30) days after their appointment, the commissioners shall take and file with the county clerk their oaths of office in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board.

(2) Any commissioner failing to file the oath within that period shall be deemed to have declined the office. The county court shall appoint some resident property holder as his successor who shall qualify in like manner within a like time.

(b) The board shall organize by electing one (1) of its members chairman, and it shall select a secretary.

(c) The board may also employ fire fighters and organize a voluntary fire department, as it deems best, and fix the compensation for paid fire fighters.

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

(e) The board shall also select some solvent bank or trust company as the depository of its funds.

Acts 1939, No. 183, § 3; A.S.A. 1947, § 20-903.
Ark. Code Ann. § 14-234-509 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-509
Bonds - Nature of indebtedness
Status: in_force

(a) Bonds issued under the provisions of this subchapter shall be payable solely from the total revenues derived from the waterworks systems of all of the municipalities joining in the undertaking. (b) The bonds shall not in any event constitute an indebtedness of the municipalities within the meaning of the constitutional provisions or limitations. (c) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that it does not constitute an indebtedness of the municipalities within any constitutional or statutory limitation, and that it is the joint and several obligation of all the municipalities executing the bond, payable solely from the total net revenues of the waterworks systems of the municipalities. Acts 1955, No. 414, § 7; A.S.A. 1947, § 19-4245.

(a) Bonds issued under the provisions of this subchapter shall be payable solely from the total revenues derived from the waterworks systems of all of the municipalities joining in the undertaking.

(b) The bonds shall not in any event constitute an indebtedness of the municipalities within the meaning of the constitutional provisions or limitations.

(c) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that it does not constitute an indebtedness of the municipalities within any constitutional or statutory limitation, and that it is the joint and several obligation of all the municipalities executing the bond, payable solely from the total net revenues of the waterworks systems of the municipalities.

Acts 1955, No. 414, § 7; A.S.A. 1947, § 19-4245.
Ark. Code Ann. § 14-125-206 — AR Code / Title 14 / Chapter 125 / Subchapter 2 / Section 14-125-206
Appointment of directors - Proceedings for organization
Status: in_force

(a) If the commission shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two (2) directors to act, with the three (3) directors elected as provided hereinafter, as the governing body of the district. (b) The district shall be a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings: (1) The two (2) appointed directors shall present to the Secretary of State an application signed by them, which shall set forth, and the application need contain no detail other than the mere recitals: (A) (i) That a petition for the creation of the district was filed with the Arkansas Soil and Water Conservation Commission pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to the petition; (ii) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter; and (iii) That the commission has appointed them as directors; (B) The name and official residence of each of the directors, together with a certified copy of the appointments evidencing their right to office; (C) The term of office of each of the directors; (D) The name which is proposed for the district; and (E) The location of the principal office of the directors of the district. (2) The application shall be subscribed and sworn to by each of the directors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the directors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer's presence. (3) The application shall be accompanied by a statement by the Arkansas Soil and Water Conservation Commission, which shall certify, and such statement need contain no detail other than the mere recitals, that: (A) A petition was filed, notice issued, and hearing held as aforesaid; (B) The commission did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof; (C) Notice was given and a referendum held on the question of the creation of the district, that the result of the referendum showed two-thirds (2/3) of the votes cast in the referendum to be in favor of the creation of the district, and that thereafter the commission did duly determine that the operation of the proposed district is administratively practicable and feasible. (4) The statement shall set forth the boundaries of the district as they have been defined by the commission. (5) The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify that fact to the Arkansas Soil and Water Conservation Commission, which shall thereupon submit to the Secretary of State a new name for the district, which shall not be subject to the defects. Upon receipt of the new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. (6) When the application and statement have been made, filed, and recorded, as provided in this section, the district shall constitute a governmental subdivision of this state and a public body, corporate and politic. (7) The Secretary of State shall make and issue to the directors a certificate, under the seal of the state, of the due organization of the district and shall record the certificate with the application and statement. The boundaries of the district shall include the territory as determined by the Arkansas Soil and Water Conservation Commission as set out in §§ 14-125-201 and 14-125-202 , but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this chapter. Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; 1965, No. 424, § 3; A.S.A. 1947, § 9-905.

(a) If the commission shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two (2) directors to act, with the three (3) directors elected as provided hereinafter, as the governing body of the district.

(b) The district shall be a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings: (1) The two (2) appointed directors shall present to the Secretary of State an application signed by them, which shall set forth, and the application need contain no detail other than the mere recitals: (A) (i) That a petition for the creation of the district was filed with the Arkansas Soil and Water Conservation Commission pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to the petition; (ii) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter; and (iii) That the commission has appointed them as directors; (B) The name and official residence of each of the directors, together with a certified copy of the appointments evidencing their right to office; (C) The term of office of each of the directors; (D) The name which is proposed for the district; and (E) The location of the principal office of the directors of the district. (2) The application shall be subscribed and sworn to by each of the directors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the directors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer's presence. (3) The application shall be accompanied by a statement by the Arkansas Soil and Water Conservation Commission, which shall certify, and such statement need contain no detail other than the mere recitals, that: (A) A petition was filed, notice issued, and hearing held as aforesaid; (B) The commission did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof; (C) Notice was given and a referendum held on the question of the creation of the district, that the result of the referendum showed two-thirds (2/3) of the votes cast in the referendum to be in favor of the creation of the district, and that thereafter the commission did duly determine that the operation of the proposed district is administratively practicable and feasible. (4) The statement shall set forth the boundaries of the district as they have been defined by the commission. (5) The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify that fact to the Arkansas Soil and Water Conservation Commission, which shall thereupon submit to the Secretary of State a new name for the district, which shall not be subject to the defects. Upon receipt of the new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. (6) When the application and statement have been made, filed, and recorded, as provided in this section, the district shall constitute a governmental subdivision of this state and a public body, corporate and politic. (7) The Secretary of State shall make and issue to the directors a certificate, under the seal of the state, of the due organization of the district and shall record the certificate with the application and statement. The boundaries of the district shall include the territory as determined by the Arkansas Soil and Water Conservation Commission as set out in §§ 14-125-201 and 14-125-202 , but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this chapter.

(1) The two (2) appointed directors shall present to the Secretary of State an application signed by them, which shall set forth, and the application need contain no detail other than the mere recitals: (A) (i) That a petition for the creation of the district was filed with the Arkansas Soil and Water Conservation Commission pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to the petition; (ii) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter; and (iii) That the commission has appointed them as directors; (B) The name and official residence of each of the directors, together with a certified copy of the appointments evidencing their right to office; (C) The term of office of each of the directors; (D) The name which is proposed for the district; and (E) The location of the principal office of the directors of the district.

(A) (i) That a petition for the creation of the district was filed with the Arkansas Soil and Water Conservation Commission pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to the petition; (ii) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter; and (iii) That the commission has appointed them as directors;

(i) That a petition for the creation of the district was filed with the Arkansas Soil and Water Conservation Commission pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to the petition;

(ii) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter; and

(iii) That the commission has appointed them as directors;

(B) The name and official residence of each of the directors, together with a certified copy of the appointments evidencing their right to office;

(C) The term of office of each of the directors;

(D) The name which is proposed for the district; and

(E) The location of the principal office of the directors of the district.

(2) The application shall be subscribed and sworn to by each of the directors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the directors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer's presence.

(3) The application shall be accompanied by a statement by the Arkansas Soil and Water Conservation Commission, which shall certify, and such statement need contain no detail other than the mere recitals, that: (A) A petition was filed, notice issued, and hearing held as aforesaid; (B) The commission did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof; (C) Notice was given and a referendum held on the question of the creation of the district, that the result of the referendum showed two-thirds (2/3) of the votes cast in the referendum to be in favor of the creation of the district, and that thereafter the commission did duly determine that the operation of the proposed district is administratively practicable and feasible.

(A) A petition was filed, notice issued, and hearing held as aforesaid;

(B) The commission did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof;

(C) Notice was given and a referendum held on the question of the creation of the district, that the result of the referendum showed two-thirds (2/3) of the votes cast in the referendum to be in favor of the creation of the district, and that thereafter the commission did duly determine that the operation of the proposed district is administratively practicable and feasible.

(4) The statement shall set forth the boundaries of the district as they have been defined by the commission.

(5) The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify that fact to the Arkansas Soil and Water Conservation Commission, which shall thereupon submit to the Secretary of State a new name for the district, which shall not be subject to the defects. Upon receipt of the new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office.

(6) When the application and statement have been made, filed, and recorded, as provided in this section, the district shall constitute a governmental subdivision of this state and a public body, corporate and politic.

(7) The Secretary of State shall make and issue to the directors a certificate, under the seal of the state, of the due organization of the district and shall record the certificate with the application and statement. The boundaries of the district shall include the territory as determined by the Arkansas Soil and Water Conservation Commission as set out in §§ 14-125-201 and 14-125-202 , but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this chapter.

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; 1965, No. 424, § 3; A.S.A. 1947, § 9-905.
Ark. Code Ann. § 14-142-222 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-222
Bonds generally - Mortgage lien
Status: in_force

(a) The ordinance, order, or trust indenture authorized in §§ 14-142-207 and 14-142-209 may, but need not, impose a foreclosable mortgage lien upon the capital improvements financed with the proceeds of bonds issued under this subchapter. (b) The nature and extent of such mortgage lien may be controlled by the ordinance, order, or trust indenture, including, without limitation, provisions: (1) Pertaining to the release of all or part of the capital improvements from the mortgage lien; (2) Pertaining to the priority of the mortgage lien in the event of successive bond issues; and (3) Authorizing any owner of bonds, or a trustee on behalf of all owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuer set forth in this subchapter or in the ordinance, order, or trust indenture authorizing and securing the bonds. (c) References in this section to "mortgage lien" shall include a security interest in any personal property constituting the capital improvements, or part thereof, financed with the proceeds of bonds issued under this subchapter. Acts 1993, No. 920, § 19.

(a) The ordinance, order, or trust indenture authorized in §§ 14-142-207 and 14-142-209 may, but need not, impose a foreclosable mortgage lien upon the capital improvements financed with the proceeds of bonds issued under this subchapter.

(b) The nature and extent of such mortgage lien may be controlled by the ordinance, order, or trust indenture, including, without limitation, provisions: (1) Pertaining to the release of all or part of the capital improvements from the mortgage lien; (2) Pertaining to the priority of the mortgage lien in the event of successive bond issues; and (3) Authorizing any owner of bonds, or a trustee on behalf of all owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuer set forth in this subchapter or in the ordinance, order, or trust indenture authorizing and securing the bonds.

(1) Pertaining to the release of all or part of the capital improvements from the mortgage lien;

(2) Pertaining to the priority of the mortgage lien in the event of successive bond issues; and

(3) Authorizing any owner of bonds, or a trustee on behalf of all owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuer set forth in this subchapter or in the ordinance, order, or trust indenture authorizing and securing the bonds.

(c) References in this section to "mortgage lien" shall include a security interest in any personal property constituting the capital improvements, or part thereof, financed with the proceeds of bonds issued under this subchapter.

Acts 1993, No. 920, § 19.
Ark. Code Ann. § 14-262-116 — AR Code / Title 14 / Chapter 262 / Section 14-262-116
City health department in cities with a population of 25,000 or more - City board of health - City health officer
Status: in_force

(a) Within thirty (30) days after the entry of an order by the city council of a city of twenty-five thousand (25,000) or more, according to the most recent federal census, to establish and maintain a city health department, the city council shall proceed to organize a health department by the appointment of a city board of health. (b) (1) Every city board of health shall consist of five (5) members, two (2) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education, or its successor, of the American Medical Association, to be appointed by the mayor for a five-year term, except that the members first appointed shall be so designated that one shall serve for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years, from January 1 of the year appointed; thereafter, full-term appointments shall be for five (5) years. (2) All members shall be residents of the city. (3) Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board. (4) Any vacancy on the board shall be filled by the mayor in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term. (5) At its organizational meeting, the board shall elect from its members a president and such other officers as it shall determine. (6) The city health officer of the city health department, as provided in this act, in the discretion of the board, may serve as secretary, but he or she shall not be a member of the board. (7) All officers shall hold office at the pleasure of the board. (8) Regular meetings of the board shall be held not less than one (1) time every year, at such time as may be fixed by resolution of the board. Special meetings of the board may be called by the president, by the city health officer, or by a majority of the members of the board, at any time with three (3) days' notice by mail, or, in case of emergency, with twenty-four (24) hours' notice by telephone or telegraph. (9) The board may adopt, and at any time amend, bylaws in relation to its meetings and the transaction of its business. (10) A majority shall constitute a quorum of the board. (11) Members shall serve without compensation. (12) The powers and duties of the city board of health are to be the same as set forth in § 14-262-115 . (c) (1) In a city of twenty-five thousand (25,000) or more establishing a city health department, the office of city health officer shall be created and filled by a doctor who has a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education, or its successor, of the American Medical Association, and who shall possess such qualifications as may be prescribed by the State Board of Health. (2) The city health officer of each incorporated city of twenty-five thousand (25,000) or more which establishes a city health department shall be appointed by the mayor and approved by the city council to serve on a full-time basis for four (4) years. (3) The city health officer, after appointment, shall take and subscribe to the constitutional oath of office, shall file a copy of his or her appointment with the State Board of Health, and shall not be deemed qualified to serve until the copy has been filed. (4) Each city health officer shall perform the following: (A) Such duties as may be required by the city board of health and the city council; (B) Such duties as may be required of him or her by general law and the city board of health, mayor, council, or ordinances with regard to the general health and sanitation of towns and cities; and (C) Such duties as shall be legally required of him or her by general law and the city board of health, mayor, councils, or ordinances of the city or town, or by the directions, rules, and requirements of the State Board of Health. (5) The powers and duties of the city health officer shall be the same as those set forth in § 14-262-112 . Amended by Act 2019, No. 315,§ 1038, eff. 7/24/2019. Acts 1949, No. 186, § 11; A.S.A. 1947, § 82-224.

(a) Within thirty (30) days after the entry of an order by the city council of a city of twenty-five thousand (25,000) or more, according to the most recent federal census, to establish and maintain a city health department, the city council shall proceed to organize a health department by the appointment of a city board of health.

(b) (1) Every city board of health shall consist of five (5) members, two (2) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education, or its successor, of the American Medical Association, to be appointed by the mayor for a five-year term, except that the members first appointed shall be so designated that one shall serve for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years, from January 1 of the year appointed; thereafter, full-term appointments shall be for five (5) years. (2) All members shall be residents of the city. (3) Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board. (4) Any vacancy on the board shall be filled by the mayor in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term. (5) At its organizational meeting, the board shall elect from its members a president and such other officers as it shall determine. (6) The city health officer of the city health department, as provided in this act, in the discretion of the board, may serve as secretary, but he or she shall not be a member of the board. (7) All officers shall hold office at the pleasure of the board. (8) Regular meetings of the board shall be held not less than one (1) time every year, at such time as may be fixed by resolution of the board. Special meetings of the board may be called by the president, by the city health officer, or by a majority of the members of the board, at any time with three (3) days' notice by mail, or, in case of emergency, with twenty-four (24) hours' notice by telephone or telegraph. (9) The board may adopt, and at any time amend, bylaws in relation to its meetings and the transaction of its business. (10) A majority shall constitute a quorum of the board. (11) Members shall serve without compensation. (12) The powers and duties of the city board of health are to be the same as set forth in § 14-262-115 .

(1) Every city board of health shall consist of five (5) members, two (2) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education, or its successor, of the American Medical Association, to be appointed by the mayor for a five-year term, except that the members first appointed shall be so designated that one shall serve for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years, from January 1 of the year appointed; thereafter, full-term appointments shall be for five (5) years.

(2) All members shall be residents of the city.

(3) Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board.

(4) Any vacancy on the board shall be filled by the mayor in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term.

(5) At its organizational meeting, the board shall elect from its members a president and such other officers as it shall determine.

(6) The city health officer of the city health department, as provided in this act, in the discretion of the board, may serve as secretary, but he or she shall not be a member of the board.

(7) All officers shall hold office at the pleasure of the board.

(8) Regular meetings of the board shall be held not less than one (1) time every year, at such time as may be fixed by resolution of the board. Special meetings of the board may be called by the president, by the city health officer, or by a majority of the members of the board, at any time with three (3) days' notice by mail, or, in case of emergency, with twenty-four (24) hours' notice by telephone or telegraph.

(9) The board may adopt, and at any time amend, bylaws in relation to its meetings and the transaction of its business.

(10) A majority shall constitute a quorum of the board.

(11) Members shall serve without compensation.

(12) The powers and duties of the city board of health are to be the same as set forth in § 14-262-115 .

(c) (1) In a city of twenty-five thousand (25,000) or more establishing a city health department, the office of city health officer shall be created and filled by a doctor who has a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education, or its successor, of the American Medical Association, and who shall possess such qualifications as may be prescribed by the State Board of Health. (2) The city health officer of each incorporated city of twenty-five thousand (25,000) or more which establishes a city health department shall be appointed by the mayor and approved by the city council to serve on a full-time basis for four (4) years. (3) The city health officer, after appointment, shall take and subscribe to the constitutional oath of office, shall file a copy of his or her appointment with the State Board of Health, and shall not be deemed qualified to serve until the copy has been filed. (4) Each city health officer shall perform the following: (A) Such duties as may be required by the city board of health and the city council; (B) Such duties as may be required of him or her by general law and the city board of health, mayor, council, or ordinances with regard to the general health and sanitation of towns and cities; and (C) Such duties as shall be legally required of him or her by general law and the city board of health, mayor, councils, or ordinances of the city or town, or by the directions, rules, and requirements of the State Board of Health. (5) The powers and duties of the city health officer shall be the same as those set forth in § 14-262-112 .

(1) In a city of twenty-five thousand (25,000) or more establishing a city health department, the office of city health officer shall be created and filled by a doctor who has a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education, or its successor, of the American Medical Association, and who shall possess such qualifications as may be prescribed by the State Board of Health.

(2) The city health officer of each incorporated city of twenty-five thousand (25,000) or more which establishes a city health department shall be appointed by the mayor and approved by the city council to serve on a full-time basis for four (4) years.

(3) The city health officer, after appointment, shall take and subscribe to the constitutional oath of office, shall file a copy of his or her appointment with the State Board of Health, and shall not be deemed qualified to serve until the copy has been filed.

(4) Each city health officer shall perform the following: (A) Such duties as may be required by the city board of health and the city council; (B) Such duties as may be required of him or her by general law and the city board of health, mayor, council, or ordinances with regard to the general health and sanitation of towns and cities; and (C) Such duties as shall be legally required of him or her by general law and the city board of health, mayor, councils, or ordinances of the city or town, or by the directions, rules, and requirements of the State Board of Health.

(A) Such duties as may be required by the city board of health and the city council;

(B) Such duties as may be required of him or her by general law and the city board of health, mayor, council, or ordinances with regard to the general health and sanitation of towns and cities; and

(C) Such duties as shall be legally required of him or her by general law and the city board of health, mayor, councils, or ordinances of the city or town, or by the directions, rules, and requirements of the State Board of Health.

(5) The powers and duties of the city health officer shall be the same as those set forth in § 14-262-112 .

Amended by Act 2019, No. 315,§ 1038, eff. 7/24/2019.

Acts 1949, No. 186, § 11; A.S.A. 1947, § 82-224.
Ark. Code Ann. § 14-233-106 — AR Code / Title 14 / Chapter 233 / Section 14-233-106
New members - Withdrawal of old members
Status: in_force

(a) (1) After the creation of a sanitation authority, any other municipality, county, or district may become a member upon application to the authority, after adoption of an ordinance or resolution by its governing body making the determination prescribed in § 14-233-105 and authorizing the municipality, county, or district to participate, and with the unanimous consent of the members of the authority evidenced by ordinance or resolution of their governing bodies. (2) Copies of the ordinances or resolutions, certified by the respective clerks or secretaries of the member municipalities, counties, and districts, together with an amendment to the application signed by the county judge, mayor, or presiding officer of each member and prospective member in the manner provided in § 14-233-105 , shall be filed with the Secretary of State, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation setting forth the then-current names of the member municipalities, counties, and districts. (b) (1) Any municipality, county, or district may withdraw from a sanitation authority at any time without the consent of the other members of the authority. All contractual rights acquired and obligations incurred while the municipality, county, or district was a member shall remain in full force and effect. (2) The withdrawal shall become effective upon the adoption of an ordinance by the withdrawing municipality or county or, in the case of a district, the adoption of a resolution, and the filing of the ordinance or resolution with the Secretary of State together with an amendment signed by the mayor of the withdrawing municipality, the county judge of the withdrawing county, or the presiding officer of a district in the manner provided in § 14-233-105 , whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation setting forth the then-current names of the member municipalities, counties, and districts. Acts 1979, No. 699, § 4; A.S.A. 1947, § 82-2734; Acts 2005, No. 689, § 4.

(a) (1) After the creation of a sanitation authority, any other municipality, county, or district may become a member upon application to the authority, after adoption of an ordinance or resolution by its governing body making the determination prescribed in § 14-233-105 and authorizing the municipality, county, or district to participate, and with the unanimous consent of the members of the authority evidenced by ordinance or resolution of their governing bodies. (2) Copies of the ordinances or resolutions, certified by the respective clerks or secretaries of the member municipalities, counties, and districts, together with an amendment to the application signed by the county judge, mayor, or presiding officer of each member and prospective member in the manner provided in § 14-233-105 , shall be filed with the Secretary of State, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation setting forth the then-current names of the member municipalities, counties, and districts.

(1) After the creation of a sanitation authority, any other municipality, county, or district may become a member upon application to the authority, after adoption of an ordinance or resolution by its governing body making the determination prescribed in § 14-233-105 and authorizing the municipality, county, or district to participate, and with the unanimous consent of the members of the authority evidenced by ordinance or resolution of their governing bodies.

(2) Copies of the ordinances or resolutions, certified by the respective clerks or secretaries of the member municipalities, counties, and districts, together with an amendment to the application signed by the county judge, mayor, or presiding officer of each member and prospective member in the manner provided in § 14-233-105 , shall be filed with the Secretary of State, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation setting forth the then-current names of the member municipalities, counties, and districts.

(b) (1) Any municipality, county, or district may withdraw from a sanitation authority at any time without the consent of the other members of the authority. All contractual rights acquired and obligations incurred while the municipality, county, or district was a member shall remain in full force and effect. (2) The withdrawal shall become effective upon the adoption of an ordinance by the withdrawing municipality or county or, in the case of a district, the adoption of a resolution, and the filing of the ordinance or resolution with the Secretary of State together with an amendment signed by the mayor of the withdrawing municipality, the county judge of the withdrawing county, or the presiding officer of a district in the manner provided in § 14-233-105 , whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation setting forth the then-current names of the member municipalities, counties, and districts.

(1) Any municipality, county, or district may withdraw from a sanitation authority at any time without the consent of the other members of the authority. All contractual rights acquired and obligations incurred while the municipality, county, or district was a member shall remain in full force and effect.

(2) The withdrawal shall become effective upon the adoption of an ordinance by the withdrawing municipality or county or, in the case of a district, the adoption of a resolution, and the filing of the ordinance or resolution with the Secretary of State together with an amendment signed by the mayor of the withdrawing municipality, the county judge of the withdrawing county, or the presiding officer of a district in the manner provided in § 14-233-105 , whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation setting forth the then-current names of the member municipalities, counties, and districts.

Acts 1979, No. 699, § 4; A.S.A. 1947, § 82-2734; Acts 2005, No. 689, § 4.
Ark. Code Ann. § 14-14-1306 — AR Code / Title 14 / Chapter 14 / Subchapter 13 / Section 14-14-1306
Residence required
Status: in_force

(a) All county, county quorum court district, and township officers shall reside within their respective townships, districts, and counties. (b) An office shall be deemed vacant if a county officer removes his or her legal residence from the county or if a district or township officer removes his or her legal residence from the district township from which elected. (c) For purposes of this section, legal residence shall be defined as the domicile of the officer evidenced by the intent to make such residence a fixed and permanent home. Acts 1977, No. 742, § 45; 1979, No. 413, § 9; A.S.A. 1947, § 17-3605.

(a) All county, county quorum court district, and township officers shall reside within their respective townships, districts, and counties.

(b) An office shall be deemed vacant if a county officer removes his or her legal residence from the county or if a district or township officer removes his or her legal residence from the district township from which elected.

(c) For purposes of this section, legal residence shall be defined as the domicile of the officer evidenced by the intent to make such residence a fixed and permanent home.

Acts 1977, No. 742, § 45; 1979, No. 413, § 9; A.S.A. 1947, § 17-3605.
Ark. Code Ann. § 14-115-102 — AR Code / Title 14 / Chapter 115 / Section 14-115-102
Purpose - Construction
Status: in_force

(a) The purpose of this chapter is to enable existing improvement districts or any improvement districts to be created, to make, or contribute to the cost of, improvements for the purpose of flood prevention and control, preventing erosion, floodwater, and sediment damage, and of furthering the conservation, development, utilization, and disposal of water in interstate watershed projects. (b) The provisions of this chapter shall not be construed to impair or limit in any way the interstate rights of the federal government or any of its departments or agencies, with respect to its jurisdiction, management, or control over waters or other matters or projects of an interstate nature. It is the purpose and intention of this chapter that neither the powers granted herein nor any agreement pursuant hereto shall interfere directly or indirectly with the federal jurisdiction or authority. (c) None of the additional powers granted by this chapter shall be exercised except for the purpose of participating in programs authorized by the Congress of the United States relating to the control and prevention of floodwater and sediment damages and the conservation, development, utilization, and disposal of water. Acts 1967, No. 31, § 3; A.S.A. 1947, § 21-1803.

(a) The purpose of this chapter is to enable existing improvement districts or any improvement districts to be created, to make, or contribute to the cost of, improvements for the purpose of flood prevention and control, preventing erosion, floodwater, and sediment damage, and of furthering the conservation, development, utilization, and disposal of water in interstate watershed projects.

(b) The provisions of this chapter shall not be construed to impair or limit in any way the interstate rights of the federal government or any of its departments or agencies, with respect to its jurisdiction, management, or control over waters or other matters or projects of an interstate nature. It is the purpose and intention of this chapter that neither the powers granted herein nor any agreement pursuant hereto shall interfere directly or indirectly with the federal jurisdiction or authority.

(c) None of the additional powers granted by this chapter shall be exercised except for the purpose of participating in programs authorized by the Congress of the United States relating to the control and prevention of floodwater and sediment damages and the conservation, development, utilization, and disposal of water.

Acts 1967, No. 31, § 3; A.S.A. 1947, § 21-1803.
Ark. Code Ann. § 14-386-606 — AR Code / Title 14 / Chapter 386 / Subchapter 6 / Section 14-386-606
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1897 (Ex. Sess.), No. 28, § 6, p. 78; C. & M. Dig., § 4691; Pope's Dig., § 5780; A.S.A. 1947, § 78-1352.

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023.

Acts 1897 (Ex. Sess.), No. 28, § 6, p. 78; C. & M. Dig., § 4691; Pope's Dig., § 5780; A.S.A. 1947, § 78-1352.
Ark. Code Ann. § 14-23-205 — AR Code / Title 14 / Chapter 23 / Subchapter 2 / Section 14-23-205
Recording in proper journal
Status: in_force

(a) (1) Upon receipt of any claim against the county, the county clerk shall examine the claim and determine the appropriate fund from which it would be payable and if the claim is supported by an appropriation. (2) The clerk shall record the claim in the appropriate journal as provided under § 14-23-203 . (b) All claims shall be recorded on the date of receipt, and at the time of recording them the clerk shall stamp or write on the statement or bill representing the claim the date of receipt and the number of the claim. Acts 1961, No. 139, § 3; A.S.A. 1947, § 17-717; Acts 2011, No. 614, § 6.

(a) (1) Upon receipt of any claim against the county, the county clerk shall examine the claim and determine the appropriate fund from which it would be payable and if the claim is supported by an appropriation. (2) The clerk shall record the claim in the appropriate journal as provided under § 14-23-203 .

(1) Upon receipt of any claim against the county, the county clerk shall examine the claim and determine the appropriate fund from which it would be payable and if the claim is supported by an appropriation.

(2) The clerk shall record the claim in the appropriate journal as provided under § 14-23-203 .

(b) All claims shall be recorded on the date of receipt, and at the time of recording them the clerk shall stamp or write on the statement or bill representing the claim the date of receipt and the number of the claim.

Acts 1961, No. 139, § 3; A.S.A. 1947, § 17-717; Acts 2011, No. 614, § 6.
Ark. Code Ann. § 14-163-206 — AR Code / Title 14 / Chapter 163 / Subchapter 2 / Section 14-163-206
Use of tax and bond proceeds - Purposes and powers generally
Status: in_force

(a) The purposes for which the proceeds of the special tax or the proceeds of bonds issued under the provisions of this subchapter may be expended and the authority and powers that may be exercised in connection with the accomplishment of these purposes are the following: (1) The establishment, development, and improvement of harbors, ports, river-rail and barge terminals, and any facilities or improvements necessary or desirable in connection with the utilization and operation of them within and adjacent to any city; (2) The acquisition by gift, purchase, negotiation, or condemnation under the power of eminent domain, the construction, reconstruction, extension, equipment, owning, leasing, with or without options to purchase and with or without options to extend or renew, and the selling, the contracting concerning, or otherwise dealing in, with, or disposing of, any lands, buildings, machinery, or other personal property and facilities of any and every nature whatever necessary or desirable in connection with the establishing, developing, and improving of harbors, ports, and river-rail and barge terminals, and the improving of such portions of waterways as may be necessary or desirable in connection with them, which waterways are not within the exclusive jurisdiction of the federal government; (3) The fostering and stimulation of the shipment of freight and commerce through ports, harbors, and river-rail and barge terminals, whether originating within or without the State of Arkansas, including the investigation, handling, and dealing with matters pertaining to all transportation rates and rate structures affecting them; (4) The acquisition by gift, purchase, negotiation, or condemnation under the power of eminent domain, the construction, reconstruction, extension, equipment, owning, leasing, with or without options to purchase and with or without options to extend or renew, and the selling, the contracting concerning, or otherwise dealing in, with, or disposing of, any lands, buildings, machinery, or other personal property and facilities of any and every nature whatever necessary or desirable in connection with the securing and developing of factories, industries, river transportation, industrial sites, and facilities for them within and adjacent to any city; (5) The acquisition of such rights-of-way, sites and lands, or any interest in them, as may be necessary or desirable, and the construction, reconstruction, extension, and equipment on them of such improvements of every nature whatever as may be necessary or desirable in connection with the securing and developing of factories, industries, river transportation, industrial sites, and facilities for them within and adjacent to any city, including by example and without limiting the generality of the foregoing: (A) Storm drainage facilities; (B) Streets, roads, and highways, including, without limitation, existing streets, roads, and highways, which will serve, in whole or in part, the transportation needs of any such factories, industries, river transportation, and other facilities; (C) Fire stations and fire fighting facilities, water facilities, sewer facilities, and any other public facilities of any nature whatever to serve, in whole or in part, the needs of any such factories, industries, river transportation, and other facilities; (D) The making of cash or noncash grants-in-aid or the making available of any funds from any tax levied under this subchapter or from the proceeds of any bond issued under this subchapter to the State of Arkansas, or any department, agency, commission, committee, or authority of it, any political subdivision of the state, or any department, agency, commission, committee, or authority of any political subdivision of the state, the federal government, or any department or agency of the federal government. This includes, without limitation, any housing authority or any city or metropolitan or other port authority, or any similar agencies, so long as the cash or noncash grant-in-aid or such funds are necessary or desirable for the accomplishment of any of the purposes authorized by this subchapter; (6) The power to appoint, employ, and dismiss, at pleasure, agents and employees and to fix and pay their compensation; (7) The payment of such expenses and costs, and the making of such other expenditures of every nature whatever, as may be necessary or desirable in the accomplishment of the authorized purposes and powers; (8) The accomplishment of any other public purpose, except those excluded by Arkansas Constitution, Amendment 18, constituting an authorized action or activity of a city of the first class under constitutional and statutory provisions of the State of Arkansas, including, without limitation, the making of secured loans to persons, corporations, or associations for the operation of factories and industries upon such terms and conditions as shall be specified and agreed upon from time to time by the governing body of any city; (9) The power to do any and all actions and things of whatever nature necessary or incidental to the accomplishment of the purposes specified by Arkansas Constitution, Amendment 18 and by this subchapter, including, without limitation, those that may exist by virtue of any other constitutional or statutory provision, whether or not specifically enumerated. (b) Nothing in this subchapter shall be construed as including within the purposes and powers specified by this subchapter the power or authority to use the power of eminent domain or to issue or sell bonds or to use the proceeds of these bonds or of any special tax levied under the provisions of this subchapter to purchase, condemn, or otherwise acquire any plant, property, transmission, or distribution facility owned or operated by any regulated public utility as defined in § 23-1-101 . Acts 1963, No. 206, § 3; A.S.A. 1947, § 19-3103.

(a) The purposes for which the proceeds of the special tax or the proceeds of bonds issued under the provisions of this subchapter may be expended and the authority and powers that may be exercised in connection with the accomplishment of these purposes are the following: (1) The establishment, development, and improvement of harbors, ports, river-rail and barge terminals, and any facilities or improvements necessary or desirable in connection with the utilization and operation of them within and adjacent to any city; (2) The acquisition by gift, purchase, negotiation, or condemnation under the power of eminent domain, the construction, reconstruction, extension, equipment, owning, leasing, with or without options to purchase and with or without options to extend or renew, and the selling, the contracting concerning, or otherwise dealing in, with, or disposing of, any lands, buildings, machinery, or other personal property and facilities of any and every nature whatever necessary or desirable in connection with the establishing, developing, and improving of harbors, ports, and river-rail and barge terminals, and the improving of such portions of waterways as may be necessary or desirable in connection with them, which waterways are not within the exclusive jurisdiction of the federal government; (3) The fostering and stimulation of the shipment of freight and commerce through ports, harbors, and river-rail and barge terminals, whether originating within or without the State of Arkansas, including the investigation, handling, and dealing with matters pertaining to all transportation rates and rate structures affecting them; (4) The acquisition by gift, purchase, negotiation, or condemnation under the power of eminent domain, the construction, reconstruction, extension, equipment, owning, leasing, with or without options to purchase and with or without options to extend or renew, and the selling, the contracting concerning, or otherwise dealing in, with, or disposing of, any lands, buildings, machinery, or other personal property and facilities of any and every nature whatever necessary or desirable in connection with the securing and developing of factories, industries, river transportation, industrial sites, and facilities for them within and adjacent to any city; (5) The acquisition of such rights-of-way, sites and lands, or any interest in them, as may be necessary or desirable, and the construction, reconstruction, extension, and equipment on them of such improvements of every nature whatever as may be necessary or desirable in connection with the securing and developing of factories, industries, river transportation, industrial sites, and facilities for them within and adjacent to any city, including by example and without limiting the generality of the foregoing: (A) Storm drainage facilities; (B) Streets, roads, and highways, including, without limitation, existing streets, roads, and highways, which will serve, in whole or in part, the transportation needs of any such factories, industries, river transportation, and other facilities; (C) Fire stations and fire fighting facilities, water facilities, sewer facilities, and any other public facilities of any nature whatever to serve, in whole or in part, the needs of any such factories, industries, river transportation, and other facilities; (D) The making of cash or noncash grants-in-aid or the making available of any funds from any tax levied under this subchapter or from the proceeds of any bond issued under this subchapter to the State of Arkansas, or any department, agency, commission, committee, or authority of it, any political subdivision of the state, or any department, agency, commission, committee, or authority of any political subdivision of the state, the federal government, or any department or agency of the federal government. This includes, without limitation, any housing authority or any city or metropolitan or other port authority, or any similar agencies, so long as the cash or noncash grant-in-aid or such funds are necessary or desirable for the accomplishment of any of the purposes authorized by this subchapter; (6) The power to appoint, employ, and dismiss, at pleasure, agents and employees and to fix and pay their compensation; (7) The payment of such expenses and costs, and the making of such other expenditures of every nature whatever, as may be necessary or desirable in the accomplishment of the authorized purposes and powers; (8) The accomplishment of any other public purpose, except those excluded by Arkansas Constitution, Amendment 18, constituting an authorized action or activity of a city of the first class under constitutional and statutory provisions of the State of Arkansas, including, without limitation, the making of secured loans to persons, corporations, or associations for the operation of factories and industries upon such terms and conditions as shall be specified and agreed upon from time to time by the governing body of any city; (9) The power to do any and all actions and things of whatever nature necessary or incidental to the accomplishment of the purposes specified by Arkansas Constitution, Amendment 18 and by this subchapter, including, without limitation, those that may exist by virtue of any other constitutional or statutory provision, whether or not specifically enumerated.

(1) The establishment, development, and improvement of harbors, ports, river-rail and barge terminals, and any facilities or improvements necessary or desirable in connection with the utilization and operation of them within and adjacent to any city;

(2) The acquisition by gift, purchase, negotiation, or condemnation under the power of eminent domain, the construction, reconstruction, extension, equipment, owning, leasing, with or without options to purchase and with or without options to extend or renew, and the selling, the contracting concerning, or otherwise dealing in, with, or disposing of, any lands, buildings, machinery, or other personal property and facilities of any and every nature whatever necessary or desirable in connection with the establishing, developing, and improving of harbors, ports, and river-rail and barge terminals, and the improving of such portions of waterways as may be necessary or desirable in connection with them, which waterways are not within the exclusive jurisdiction of the federal government;

(3) The fostering and stimulation of the shipment of freight and commerce through ports, harbors, and river-rail and barge terminals, whether originating within or without the State of Arkansas, including the investigation, handling, and dealing with matters pertaining to all transportation rates and rate structures affecting them;

(4) The acquisition by gift, purchase, negotiation, or condemnation under the power of eminent domain, the construction, reconstruction, extension, equipment, owning, leasing, with or without options to purchase and with or without options to extend or renew, and the selling, the contracting concerning, or otherwise dealing in, with, or disposing of, any lands, buildings, machinery, or other personal property and facilities of any and every nature whatever necessary or desirable in connection with the securing and developing of factories, industries, river transportation, industrial sites, and facilities for them within and adjacent to any city;

(5) The acquisition of such rights-of-way, sites and lands, or any interest in them, as may be necessary or desirable, and the construction, reconstruction, extension, and equipment on them of such improvements of every nature whatever as may be necessary or desirable in connection with the securing and developing of factories, industries, river transportation, industrial sites, and facilities for them within and adjacent to any city, including by example and without limiting the generality of the foregoing: (A) Storm drainage facilities; (B) Streets, roads, and highways, including, without limitation, existing streets, roads, and highways, which will serve, in whole or in part, the transportation needs of any such factories, industries, river transportation, and other facilities; (C) Fire stations and fire fighting facilities, water facilities, sewer facilities, and any other public facilities of any nature whatever to serve, in whole or in part, the needs of any such factories, industries, river transportation, and other facilities; (D) The making of cash or noncash grants-in-aid or the making available of any funds from any tax levied under this subchapter or from the proceeds of any bond issued under this subchapter to the State of Arkansas, or any department, agency, commission, committee, or authority of it, any political subdivision of the state, or any department, agency, commission, committee, or authority of any political subdivision of the state, the federal government, or any department or agency of the federal government. This includes, without limitation, any housing authority or any city or metropolitan or other port authority, or any similar agencies, so long as the cash or noncash grant-in-aid or such funds are necessary or desirable for the accomplishment of any of the purposes authorized by this subchapter;

(A) Storm drainage facilities;

(B) Streets, roads, and highways, including, without limitation, existing streets, roads, and highways, which will serve, in whole or in part, the transportation needs of any such factories, industries, river transportation, and other facilities;

(C) Fire stations and fire fighting facilities, water facilities, sewer facilities, and any other public facilities of any nature whatever to serve, in whole or in part, the needs of any such factories, industries, river transportation, and other facilities;

(D) The making of cash or noncash grants-in-aid or the making available of any funds from any tax levied under this subchapter or from the proceeds of any bond issued under this subchapter to the State of Arkansas, or any department, agency, commission, committee, or authority of it, any political subdivision of the state, or any department, agency, commission, committee, or authority of any political subdivision of the state, the federal government, or any department or agency of the federal government. This includes, without limitation, any housing authority or any city or metropolitan or other port authority, or any similar agencies, so long as the cash or noncash grant-in-aid or such funds are necessary or desirable for the accomplishment of any of the purposes authorized by this subchapter;

(6) The power to appoint, employ, and dismiss, at pleasure, agents and employees and to fix and pay their compensation;

(7) The payment of such expenses and costs, and the making of such other expenditures of every nature whatever, as may be necessary or desirable in the accomplishment of the authorized purposes and powers;

(8) The accomplishment of any other public purpose, except those excluded by Arkansas Constitution, Amendment 18, constituting an authorized action or activity of a city of the first class under constitutional and statutory provisions of the State of Arkansas, including, without limitation, the making of secured loans to persons, corporations, or associations for the operation of factories and industries upon such terms and conditions as shall be specified and agreed upon from time to time by the governing body of any city;

(9) The power to do any and all actions and things of whatever nature necessary or incidental to the accomplishment of the purposes specified by Arkansas Constitution, Amendment 18 and by this subchapter, including, without limitation, those that may exist by virtue of any other constitutional or statutory provision, whether or not specifically enumerated.

(b) Nothing in this subchapter shall be construed as including within the purposes and powers specified by this subchapter the power or authority to use the power of eminent domain or to issue or sell bonds or to use the proceeds of these bonds or of any special tax levied under the provisions of this subchapter to purchase, condemn, or otherwise acquire any plant, property, transmission, or distribution facility owned or operated by any regulated public utility as defined in § 23-1-101 .

Acts 1963, No. 206, § 3; A.S.A. 1947, § 19-3103.
Ark. Code Ann. § 14-54-1505 — AR Code / Title 14 / Chapter 54 / Subchapter 15 / Section 14-54-1505
Dismissal for want of prosecution
Status: in_force

(a) If the complaint is filed by a citizen, it shall not be dismissed by the plaintiff for want of prosecution except upon a sworn statement made by the plaintiff setting forth the reasons why the action shall be dismissed and by dismissal ordered by the court. (b) If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, costs shall be assessed against the plaintiff. Acts 1999, No. 1561, § 5.

(a) If the complaint is filed by a citizen, it shall not be dismissed by the plaintiff for want of prosecution except upon a sworn statement made by the plaintiff setting forth the reasons why the action shall be dismissed and by dismissal ordered by the court.

(b) If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, costs shall be assessed against the plaintiff.

Acts 1999, No. 1561, § 5.
Ark. Code Ann. § 14-201-317 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-317
Commencement of term - Oath of office
Status: in_force

The term of office of the members of the board shall begin on the first Tuesday following their election, at which time they shall meet and take the oath prescribed by Arkansas Constitution, Article 19, § 20, and shall file a copy of the oath with the city clerk or recorder. Acts 1939, No. 95, § 18; A.S.A. 1947, § 19-4018.

The term of office of the members of the board shall begin on the first Tuesday following their election, at which time they shall meet and take the oath prescribed by Arkansas Constitution, Article 19, § 20, and shall file a copy of the oath with the city clerk or recorder.

Acts 1939, No. 95, § 18; A.S.A. 1947, § 19-4018.
Ark. Code Ann. § 14-58-1001 — AR Code / Title 14 / Chapter 58 / Subchapter 10 / Section 14-58-1001
Projects exceeding two million dollars
Status: in_force

(a) In the event funds from any sources for a municipal project other than revenues derived from a performance-based efficiency project exceed two million dollars ($2,000,000), excluding the cost of land, the provisions of this subchapter and all other provisions of this Code governing construction of public facilities, including, but not limited to, the provisions of § 22-9-201 et seq. at the election of municipalities shall not be applicable to the project if the selection and contracting process set forth in this section is followed. (b) (1) The selection procedures for the construction manager, general contractor, architect, or engineer shall provide for solicitation for qualified, licensed professionals to submit proposals. (2) The procedures shall assure the design and completion of the project in an expeditious manner while adhering to high standards of design and construction quality. (3) A municipality shall: (A) Publish notice of its intention to receive written proposals three (3) consecutive days in a newspaper of local distribution; (B) Allow a minimum of ten (10) working days from the first date of publication for the professionals to send letters or resumes in response to the newspaper advertisement; and (C) Provide additional means of notification, if any, as the municipality shall determine is appropriate. (c) (1) (A) A preselection committee which shall be composed of at least three (3) members from the municipality shall review the proposals. (B) The preselection committee shall select a maximum of five (5) applicants and schedule interviews. (C) The municipality shall notify the finalists of their status. (2) (A) The final selection committee shall be composed of the members on the preselection committee. (B) The final interviews shall be held at the times and dates designated by the final selection committee. (C) In selecting a general contractor, construction manager, architect, or engineer, the municipality shall consider established criteria, which shall include, but not be limited to, the following: (i) The experience of the professional or professionals in similar projects; (ii) The record of the professional or professionals in timely completion of the projects with high quality workmanship; and (iii) Other similar matters to determine that the professional or professionals will complete the project within the time and budget and to the specifications set by the municipality. (3) (A) The final selection committee shall make a formal recommendation to its governing body of the professional or professionals whom it determines to be in the best interest of the municipality. (B) (i) Contracts for architectural, engineering, and land surveying professional consultant services shall be negotiated on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices without the use of competitive bidding. (ii) No rule or regulation shall inhibit a municipality's authority to negotiate fees for the services. (d) (1) Construction contracts for the projects shall not be entered into without a payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. (2) All project architects and engineers shall be properly licensed in accordance with the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and the State Board of Licensure for Professional Engineers and Professional Surveyors. (3) The construction manager or general contractor shall be properly licensed by the Contractors Licensing Board. (4) (A) All subcontractors on the project shall be properly licensed by the Contractors Licensing Board. (B) Any person who is not considered a contractor under § 17-25-101 et seq. may continue to perform subcontracting work under the provisions of this subchapter. (e) The funds may be represented in whole or in part by a written pledge or commitment from a donor, provided that the municipality shall assure itself of the financial stability of the donor to fulfill the pledge or commitment. (f) (1) All projects constructed pursuant to this section, to the extent applicable, shall be in accordance and compliance with: (A) Section 17-38-101 et seq., regulating plumbers; (B) Section 17-33-101 et seq., regulating the heating, ventilation, air conditioning, and refrigeration industry; (C) The Fire Prevention Act, § 12-13-101 et seq.; (D) Section 12-80-101 et seq., regarding earthquake resistant design for public structure; (E) Americans with Disabilities Act Accessibility Guidelines, 28 C.F.R. pt. 36, App. A, adopted by the authority; and (F) The minimum standards of the authority and criteria pertaining to projects constructed under this section. (2) Notwithstanding anything in this section to the contrary, the provisions of §§ 19-11-801 , 22-9-101 , 22-9-103 , 22-9-104 , and 22-9-213 , § 22-9-301 et seq. [repealed], § 22-9-401 et seq., § 22-9-501 et seq., § 22-9-601 et seq., § 22-9-701 et seq., and all competitive bidding statutes shall remain in full force and effect and not be affected hereby. (3) This section shall not authorize a design-build project contract. Acts 2005, No. 1989, § 1.

(a) In the event funds from any sources for a municipal project other than revenues derived from a performance-based efficiency project exceed two million dollars ($2,000,000), excluding the cost of land, the provisions of this subchapter and all other provisions of this Code governing construction of public facilities, including, but not limited to, the provisions of § 22-9-201 et seq. at the election of municipalities shall not be applicable to the project if the selection and contracting process set forth in this section is followed.

(b) (1) The selection procedures for the construction manager, general contractor, architect, or engineer shall provide for solicitation for qualified, licensed professionals to submit proposals. (2) The procedures shall assure the design and completion of the project in an expeditious manner while adhering to high standards of design and construction quality. (3) A municipality shall: (A) Publish notice of its intention to receive written proposals three (3) consecutive days in a newspaper of local distribution; (B) Allow a minimum of ten (10) working days from the first date of publication for the professionals to send letters or resumes in response to the newspaper advertisement; and (C) Provide additional means of notification, if any, as the municipality shall determine is appropriate.

(1) The selection procedures for the construction manager, general contractor, architect, or engineer shall provide for solicitation for qualified, licensed professionals to submit proposals.

(2) The procedures shall assure the design and completion of the project in an expeditious manner while adhering to high standards of design and construction quality.

(3) A municipality shall: (A) Publish notice of its intention to receive written proposals three (3) consecutive days in a newspaper of local distribution; (B) Allow a minimum of ten (10) working days from the first date of publication for the professionals to send letters or resumes in response to the newspaper advertisement; and (C) Provide additional means of notification, if any, as the municipality shall determine is appropriate.

(A) Publish notice of its intention to receive written proposals three (3) consecutive days in a newspaper of local distribution;

(B) Allow a minimum of ten (10) working days from the first date of publication for the professionals to send letters or resumes in response to the newspaper advertisement; and

(C) Provide additional means of notification, if any, as the municipality shall determine is appropriate.

(c) (1) (A) A preselection committee which shall be composed of at least three (3) members from the municipality shall review the proposals. (B) The preselection committee shall select a maximum of five (5) applicants and schedule interviews. (C) The municipality shall notify the finalists of their status. (2) (A) The final selection committee shall be composed of the members on the preselection committee. (B) The final interviews shall be held at the times and dates designated by the final selection committee. (C) In selecting a general contractor, construction manager, architect, or engineer, the municipality shall consider established criteria, which shall include, but not be limited to, the following: (i) The experience of the professional or professionals in similar projects; (ii) The record of the professional or professionals in timely completion of the projects with high quality workmanship; and (iii) Other similar matters to determine that the professional or professionals will complete the project within the time and budget and to the specifications set by the municipality. (3) (A) The final selection committee shall make a formal recommendation to its governing body of the professional or professionals whom it determines to be in the best interest of the municipality. (B) (i) Contracts for architectural, engineering, and land surveying professional consultant services shall be negotiated on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices without the use of competitive bidding. (ii) No rule or regulation shall inhibit a municipality's authority to negotiate fees for the services.

(1) (A) A preselection committee which shall be composed of at least three (3) members from the municipality shall review the proposals. (B) The preselection committee shall select a maximum of five (5) applicants and schedule interviews. (C) The municipality shall notify the finalists of their status.

(A) A preselection committee which shall be composed of at least three (3) members from the municipality shall review the proposals.

(B) The preselection committee shall select a maximum of five (5) applicants and schedule interviews.

(C) The municipality shall notify the finalists of their status.

(2) (A) The final selection committee shall be composed of the members on the preselection committee. (B) The final interviews shall be held at the times and dates designated by the final selection committee. (C) In selecting a general contractor, construction manager, architect, or engineer, the municipality shall consider established criteria, which shall include, but not be limited to, the following: (i) The experience of the professional or professionals in similar projects; (ii) The record of the professional or professionals in timely completion of the projects with high quality workmanship; and (iii) Other similar matters to determine that the professional or professionals will complete the project within the time and budget and to the specifications set by the municipality.

(A) The final selection committee shall be composed of the members on the preselection committee.

(B) The final interviews shall be held at the times and dates designated by the final selection committee.

(C) In selecting a general contractor, construction manager, architect, or engineer, the municipality shall consider established criteria, which shall include, but not be limited to, the following: (i) The experience of the professional or professionals in similar projects; (ii) The record of the professional or professionals in timely completion of the projects with high quality workmanship; and (iii) Other similar matters to determine that the professional or professionals will complete the project within the time and budget and to the specifications set by the municipality.

(i) The experience of the professional or professionals in similar projects;

(ii) The record of the professional or professionals in timely completion of the projects with high quality workmanship; and

(iii) Other similar matters to determine that the professional or professionals will complete the project within the time and budget and to the specifications set by the municipality.

(3) (A) The final selection committee shall make a formal recommendation to its governing body of the professional or professionals whom it determines to be in the best interest of the municipality. (B) (i) Contracts for architectural, engineering, and land surveying professional consultant services shall be negotiated on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices without the use of competitive bidding. (ii) No rule or regulation shall inhibit a municipality's authority to negotiate fees for the services.

(A) The final selection committee shall make a formal recommendation to its governing body of the professional or professionals whom it determines to be in the best interest of the municipality.

(B) (i) Contracts for architectural, engineering, and land surveying professional consultant services shall be negotiated on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices without the use of competitive bidding. (ii) No rule or regulation shall inhibit a municipality's authority to negotiate fees for the services.

(i) Contracts for architectural, engineering, and land surveying professional consultant services shall be negotiated on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices without the use of competitive bidding.

(ii) No rule or regulation shall inhibit a municipality's authority to negotiate fees for the services.

(d) (1) Construction contracts for the projects shall not be entered into without a payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. (2) All project architects and engineers shall be properly licensed in accordance with the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and the State Board of Licensure for Professional Engineers and Professional Surveyors. (3) The construction manager or general contractor shall be properly licensed by the Contractors Licensing Board. (4) (A) All subcontractors on the project shall be properly licensed by the Contractors Licensing Board. (B) Any person who is not considered a contractor under § 17-25-101 et seq. may continue to perform subcontracting work under the provisions of this subchapter.

(1) Construction contracts for the projects shall not be entered into without a payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised.

(2) All project architects and engineers shall be properly licensed in accordance with the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and the State Board of Licensure for Professional Engineers and Professional Surveyors.

(3) The construction manager or general contractor shall be properly licensed by the Contractors Licensing Board.

(4) (A) All subcontractors on the project shall be properly licensed by the Contractors Licensing Board. (B) Any person who is not considered a contractor under § 17-25-101 et seq. may continue to perform subcontracting work under the provisions of this subchapter.

(A) All subcontractors on the project shall be properly licensed by the Contractors Licensing Board.

(B) Any person who is not considered a contractor under § 17-25-101 et seq. may continue to perform subcontracting work under the provisions of this subchapter.

(e) The funds may be represented in whole or in part by a written pledge or commitment from a donor, provided that the municipality shall assure itself of the financial stability of the donor to fulfill the pledge or commitment.

(f) (1) All projects constructed pursuant to this section, to the extent applicable, shall be in accordance and compliance with: (A) Section 17-38-101 et seq., regulating plumbers; (B) Section 17-33-101 et seq., regulating the heating, ventilation, air conditioning, and refrigeration industry; (C) The Fire Prevention Act, § 12-13-101 et seq.; (D) Section 12-80-101 et seq., regarding earthquake resistant design for public structure; (E) Americans with Disabilities Act Accessibility Guidelines, 28 C.F.R. pt. 36, App. A, adopted by the authority; and (F) The minimum standards of the authority and criteria pertaining to projects constructed under this section. (2) Notwithstanding anything in this section to the contrary, the provisions of §§ 19-11-801 , 22-9-101 , 22-9-103 , 22-9-104 , and 22-9-213 , § 22-9-301 et seq. [repealed], § 22-9-401 et seq., § 22-9-501 et seq., § 22-9-601 et seq., § 22-9-701 et seq., and all competitive bidding statutes shall remain in full force and effect and not be affected hereby. (3) This section shall not authorize a design-build project contract.

(1) All projects constructed pursuant to this section, to the extent applicable, shall be in accordance and compliance with: (A) Section 17-38-101 et seq., regulating plumbers; (B) Section 17-33-101 et seq., regulating the heating, ventilation, air conditioning, and refrigeration industry; (C) The Fire Prevention Act, § 12-13-101 et seq.; (D) Section 12-80-101 et seq., regarding earthquake resistant design for public structure; (E) Americans with Disabilities Act Accessibility Guidelines, 28 C.F.R. pt. 36, App. A, adopted by the authority; and (F) The minimum standards of the authority and criteria pertaining to projects constructed under this section.

(A) Section 17-38-101 et seq., regulating plumbers;

(B) Section 17-33-101 et seq., regulating the heating, ventilation, air conditioning, and refrigeration industry;

(C) The Fire Prevention Act, § 12-13-101 et seq.;

(D) Section 12-80-101 et seq., regarding earthquake resistant design for public structure;

(E) Americans with Disabilities Act Accessibility Guidelines, 28 C.F.R. pt. 36, App. A, adopted by the authority; and

(F) The minimum standards of the authority and criteria pertaining to projects constructed under this section.

(2) Notwithstanding anything in this section to the contrary, the provisions of §§ 19-11-801 , 22-9-101 , 22-9-103 , 22-9-104 , and 22-9-213 , § 22-9-301 et seq. [repealed], § 22-9-401 et seq., § 22-9-501 et seq., § 22-9-601 et seq., § 22-9-701 et seq., and all competitive bidding statutes shall remain in full force and effect and not be affected hereby.

(3) This section shall not authorize a design-build project contract.

Acts 2005, No. 1989, § 1.
Ark. Code Ann. § 14-234-804 — AR Code / Title 14 / Chapter 234 / Subchapter 8 / Section 14-234-804
Municipal providers - Provision of water to nonresident customers - Advisory committee
Status: in_force

(a) (1) If a municipal provider is unable or unwilling to provide service to a nonresident property owner residing in the provider's service area, the Arkansas Natural Resources Commission may require the municipal provider to release the nonresident property owner to a willing provider. (2) If required by the willing provider, a nonresident property owner may be required to pay the costs of necessary extensions to connect to the willing provider. (3) A municipal provider shall not release a service area of the municipal provider if the release would invalidate or encumber the issuance or retirement of a bond, promissory note, or certificate of indebtedness related to the service area. (b) (1) A municipal provider that is willing to provide service to areas outside the municipal boundaries and within its service area shall do so through an application made by the affected property owner or through an agreement executed by the municipal provider and the affected property owner. (2) If the municipal provider has a prerequisite that the affected property owner annex into the municipal boundaries before providing service, the prerequisite shall be clearly defined in an application or agreement. (3) Failure to clearly define any annexation requirement within the application or agreement prohibits the municipal provider from requiring annexation in exchange for service for those areas without agreement from the affected property owner. (c) (1) If a municipal provider services customers outside the municipal boundaries of the municipal provider and the number of those customers outside the municipal boundaries and in unincorporated areas equals or exceeds twenty percent (20%) of the total customer base of the municipal provider, a nonvoting advisory committee to the municipal provider board shall be created by the governing body of the municipality in which the municipal provider is located. (2) The makeup and duties of an advisory committee created under subdivision (c)(1) of this section shall be determined by the governing body of the municipality that creates the advisory committee. (3) Two (2) nonresident customers from the area served outside the municipal boundaries and in unincorporated areas shall serve on the advisory committee. (d) The commission shall intervene if a municipal provider: (1) Is prohibited from providing water to potential customers within the municipal provider's service area by the political subdivision under which the municipal provider is organized; (2) Practices business irresponsibly in relation to consumer rights; or (3) Is not following best management practices in providing water service. (e) Except as otherwise provided in this section, a consumer shall not be denied access to service if suitable distribution and collection infrastructure already exists or if the consumer is willing to pay for suitable distribution and collection infrastructure, unless: (1) A municipal provider has made the decision not to extend service outside the municipal boundaries of the municipal provider; (2) An engineering, capacity, physical feasibility, or fiscal feasibility issue exists as determined by a professional engineer or certified public accountant; or (3) A consumer does not submit an application or enter into an agreement under subsection (b) of this section. Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.

(a) (1) If a municipal provider is unable or unwilling to provide service to a nonresident property owner residing in the provider's service area, the Arkansas Natural Resources Commission may require the municipal provider to release the nonresident property owner to a willing provider. (2) If required by the willing provider, a nonresident property owner may be required to pay the costs of necessary extensions to connect to the willing provider. (3) A municipal provider shall not release a service area of the municipal provider if the release would invalidate or encumber the issuance or retirement of a bond, promissory note, or certificate of indebtedness related to the service area.

(1) If a municipal provider is unable or unwilling to provide service to a nonresident property owner residing in the provider's service area, the Arkansas Natural Resources Commission may require the municipal provider to release the nonresident property owner to a willing provider.

(2) If required by the willing provider, a nonresident property owner may be required to pay the costs of necessary extensions to connect to the willing provider.

(3) A municipal provider shall not release a service area of the municipal provider if the release would invalidate or encumber the issuance or retirement of a bond, promissory note, or certificate of indebtedness related to the service area.

(b) (1) A municipal provider that is willing to provide service to areas outside the municipal boundaries and within its service area shall do so through an application made by the affected property owner or through an agreement executed by the municipal provider and the affected property owner. (2) If the municipal provider has a prerequisite that the affected property owner annex into the municipal boundaries before providing service, the prerequisite shall be clearly defined in an application or agreement. (3) Failure to clearly define any annexation requirement within the application or agreement prohibits the municipal provider from requiring annexation in exchange for service for those areas without agreement from the affected property owner.

(1) A municipal provider that is willing to provide service to areas outside the municipal boundaries and within its service area shall do so through an application made by the affected property owner or through an agreement executed by the municipal provider and the affected property owner.

(2) If the municipal provider has a prerequisite that the affected property owner annex into the municipal boundaries before providing service, the prerequisite shall be clearly defined in an application or agreement.

(3) Failure to clearly define any annexation requirement within the application or agreement prohibits the municipal provider from requiring annexation in exchange for service for those areas without agreement from the affected property owner.

(c) (1) If a municipal provider services customers outside the municipal boundaries of the municipal provider and the number of those customers outside the municipal boundaries and in unincorporated areas equals or exceeds twenty percent (20%) of the total customer base of the municipal provider, a nonvoting advisory committee to the municipal provider board shall be created by the governing body of the municipality in which the municipal provider is located. (2) The makeup and duties of an advisory committee created under subdivision (c)(1) of this section shall be determined by the governing body of the municipality that creates the advisory committee. (3) Two (2) nonresident customers from the area served outside the municipal boundaries and in unincorporated areas shall serve on the advisory committee.

(1) If a municipal provider services customers outside the municipal boundaries of the municipal provider and the number of those customers outside the municipal boundaries and in unincorporated areas equals or exceeds twenty percent (20%) of the total customer base of the municipal provider, a nonvoting advisory committee to the municipal provider board shall be created by the governing body of the municipality in which the municipal provider is located.

(2) The makeup and duties of an advisory committee created under subdivision (c)(1) of this section shall be determined by the governing body of the municipality that creates the advisory committee.

(3) Two (2) nonresident customers from the area served outside the municipal boundaries and in unincorporated areas shall serve on the advisory committee.

(d) The commission shall intervene if a municipal provider: (1) Is prohibited from providing water to potential customers within the municipal provider's service area by the political subdivision under which the municipal provider is organized; (2) Practices business irresponsibly in relation to consumer rights; or (3) Is not following best management practices in providing water service.

(1) Is prohibited from providing water to potential customers within the municipal provider's service area by the political subdivision under which the municipal provider is organized;

(2) Practices business irresponsibly in relation to consumer rights; or

(3) Is not following best management practices in providing water service.

(e) Except as otherwise provided in this section, a consumer shall not be denied access to service if suitable distribution and collection infrastructure already exists or if the consumer is willing to pay for suitable distribution and collection infrastructure, unless: (1) A municipal provider has made the decision not to extend service outside the municipal boundaries of the municipal provider; (2) An engineering, capacity, physical feasibility, or fiscal feasibility issue exists as determined by a professional engineer or certified public accountant; or (3) A consumer does not submit an application or enter into an agreement under subsection (b) of this section.

(1) A municipal provider has made the decision not to extend service outside the municipal boundaries of the municipal provider;

(2) An engineering, capacity, physical feasibility, or fiscal feasibility issue exists as determined by a professional engineer or certified public accountant; or

(3) A consumer does not submit an application or enter into an agreement under subsection (b) of this section.

Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-17-309 — AR Code / Title 14 / Chapter 17 / Subchapter 3 / Section 14-17-309
Appropriations
Status: in_force

The participating cities and counties, or other public bodies, are authorized to appropriate funds for the expenses and costs required by the metropolitan or regional planning commission in the performance of its purposes and functions. Acts 1955, No. 26, § 4; A.S.A. 1947, § 19-2823.

The participating cities and counties, or other public bodies, are authorized to appropriate funds for the expenses and costs required by the metropolitan or regional planning commission in the performance of its purposes and functions.

Acts 1955, No. 26, § 4; A.S.A. 1947, § 19-2823.
Ark. Code Ann. § 14-176-112 — AR Code / Title 14 / Chapter 176 / Section 14-176-112
Interlocal agreements
Status: in_force

The use of interlocal agreements under the Interlocal Cooperation Act, § 25-20-101 et seq., is excluded from the restrictions and limitations of this chapter. Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.

The use of interlocal agreements under the Interlocal Cooperation Act, § 25-20-101 et seq., is excluded from the restrictions and limitations of this chapter.

Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-142-218 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-218
Bonds generally - Pledge and collection of ad valorem taxes
Status: in_force

(a) The ad valorem tax pledged for payment of bonds shall constitute a special fund pledged as security for the payment of such indebtedness. (b) (1) The ad valorem tax shall never be extended for any other purpose nor collected for any greater length of time than necessary to retire such bonded indebtedness. (2) However, tax collections in excess of the amount required to retire the debt according to its terms may, subject to covenants entered into with the owners of the bonds, be pledged as security for the issuance of additional bonds if authorized by the electors. (3) The tax for the additional bonds shall terminate within the time provided for the tax originally imposed. (c) Upon retirement on the bonded indebtedness, any surplus tax collections which may have accumulated shall be transferred to the general fund of the issuer, and shall be used for maintenance and operation of the public library. (d) The collection of ad valorem taxes, or a portion thereof, may be suspended by the issuer when not required for the payment of the bonds, subject to any covenants with the owners of the bonds. (e) Notwithstanding any other provision of this subchapter, a tax approved by the voters for the purpose of paying bonded indebtedness shall not be reduced or diminished, nor shall it be used for any other purpose than to pay principal of or premium or interest on the bonded indebtedness, and the reasonable fees of a trustee or paying agent so long as the bonded indebtedness shall remain outstanding and unpaid. (f) Notwithstanding any other provision of this subchapter, a tax approved by the voters and levied for the purpose of paying bonded indebtedness authorized pursuant to this subchapter by a county shall not be levied against any real or personal property which is taxed by a municipality for the maintenance of a public library pursuant to Arkansas Constitution, Amendment 30, as amended by Arkansas Constitution, Amendment 72; provided, however, that no tax levied by a county for the purpose of paying bonded indebtedness authorized pursuant to this subchapter shall ever be diminished or reduced while such bonds are outstanding if a municipality within the county approves such a maintenance tax after the date on which the voters of a county approve a tax for the purpose of paying bonded indebtedness authorized pursuant to this subchapter. Acts 1993, No. 920, § 17.

(a) The ad valorem tax pledged for payment of bonds shall constitute a special fund pledged as security for the payment of such indebtedness.

(b) (1) The ad valorem tax shall never be extended for any other purpose nor collected for any greater length of time than necessary to retire such bonded indebtedness. (2) However, tax collections in excess of the amount required to retire the debt according to its terms may, subject to covenants entered into with the owners of the bonds, be pledged as security for the issuance of additional bonds if authorized by the electors. (3) The tax for the additional bonds shall terminate within the time provided for the tax originally imposed.

(1) The ad valorem tax shall never be extended for any other purpose nor collected for any greater length of time than necessary to retire such bonded indebtedness.

(2) However, tax collections in excess of the amount required to retire the debt according to its terms may, subject to covenants entered into with the owners of the bonds, be pledged as security for the issuance of additional bonds if authorized by the electors.

(3) The tax for the additional bonds shall terminate within the time provided for the tax originally imposed.

(c) Upon retirement on the bonded indebtedness, any surplus tax collections which may have accumulated shall be transferred to the general fund of the issuer, and shall be used for maintenance and operation of the public library.

(d) The collection of ad valorem taxes, or a portion thereof, may be suspended by the issuer when not required for the payment of the bonds, subject to any covenants with the owners of the bonds.

(e) Notwithstanding any other provision of this subchapter, a tax approved by the voters for the purpose of paying bonded indebtedness shall not be reduced or diminished, nor shall it be used for any other purpose than to pay principal of or premium or interest on the bonded indebtedness, and the reasonable fees of a trustee or paying agent so long as the bonded indebtedness shall remain outstanding and unpaid.

(f) Notwithstanding any other provision of this subchapter, a tax approved by the voters and levied for the purpose of paying bonded indebtedness authorized pursuant to this subchapter by a county shall not be levied against any real or personal property which is taxed by a municipality for the maintenance of a public library pursuant to Arkansas Constitution, Amendment 30, as amended by Arkansas Constitution, Amendment 72; provided, however, that no tax levied by a county for the purpose of paying bonded indebtedness authorized pursuant to this subchapter shall ever be diminished or reduced while such bonds are outstanding if a municipality within the county approves such a maintenance tax after the date on which the voters of a county approve a tax for the purpose of paying bonded indebtedness authorized pursuant to this subchapter.

Acts 1993, No. 920, § 17.
Ark. Code Ann. § 14-120-104 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-104
Foreclosure sales - Payment with bonds or interest coupons
Status: in_force

(a) Any levee or drainage improvement district in this state having acquired title to any lands within that district by virtue of foreclosure of benefit assessments thereon may sell the lands at prices fixed by the commissioners of the district and may receive in payment of the purchase price for the land the bonds and interest coupons of the district, at face value, to the amount of the purchase price. (b) Any person redeeming or purchasing lands from the districts, at the time of making payment for those lands in bonds or interest coupons of the district, shall pay to the district in cash an amount necessary to defray all costs and expenses of foreclosure which the district shall have incurred as to the redeemed or purchased tract of land. Acts 1935, No. 79, §§ 2, 3; Pope's Dig., §§ 4589, 4590; A.S.A. 1947, §§ 21-817, 21-818.

(a) Any levee or drainage improvement district in this state having acquired title to any lands within that district by virtue of foreclosure of benefit assessments thereon may sell the lands at prices fixed by the commissioners of the district and may receive in payment of the purchase price for the land the bonds and interest coupons of the district, at face value, to the amount of the purchase price.

(b) Any person redeeming or purchasing lands from the districts, at the time of making payment for those lands in bonds or interest coupons of the district, shall pay to the district in cash an amount necessary to defray all costs and expenses of foreclosure which the district shall have incurred as to the redeemed or purchased tract of land.

Acts 1935, No. 79, §§ 2, 3; Pope's Dig., §§ 4589, 4590; A.S.A. 1947, §§ 21-817, 21-818.
Ark. Code Ann. § 14-91-402 — AR Code / Title 14 / Chapter 91 / Subchapter 4 / Section 14-91-402
Operation of waterworks, gas, or electric light works
Status: in_force

(a) In case of the construction of waterworks or gas or electric light works by any municipal improvement district, the city or town council, after the works are constructed, shall have full power and authority to operate and maintain them instead of the improvement district board. (b) The council may supply water and light to private consumers and make and collect uniform charges for the service and apply the income therefrom to the payment of operating expenses and maintenance of the works. Acts 1893, No. 158, § 2, p. 271; C. & M. Dig., § 5739; Pope's Dig., § 7366; A.S.A. 1947, § 20-316.

(a) In case of the construction of waterworks or gas or electric light works by any municipal improvement district, the city or town council, after the works are constructed, shall have full power and authority to operate and maintain them instead of the improvement district board.

(b) The council may supply water and light to private consumers and make and collect uniform charges for the service and apply the income therefrom to the payment of operating expenses and maintenance of the works.

Acts 1893, No. 158, § 2, p. 271; C. & M. Dig., § 5739; Pope's Dig., § 7366; A.S.A. 1947, § 20-316.
Ark. Code Ann. § 14-120-107 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-107
Cancellation of old bonds
Status: in_force

(a) All bonds taken up by any district by funding bonds or proceeds thereof shall be plainly marked "CANCELLED" and deposited by the secretary of the district with the county clerk if the district embraces only land in the county. If the district embraces lands in more than one (1) county, then the bonds shall be deposited with the clerk of the circuit court for the county or judicial division of the county in which is situated the largest part of the lands in the district. (b) The secretary of the district shall file with the cancelled bonds his certificate showing the number, date, place of payment, and maturity of the cancelled funding bonds including the numbers of the interest coupons, and also the numbers, date, and place of payment of maturity of the new bonds issued for the funding. (c) The cancelled bonds shall be carefully kept by the county clerk or circuit court clerk receiving them in his office and the certificate of the secretary of the district shall be recorded in the permanent record book in his office. For his services in filing the bonds and making the record, the clerk shall receive pay on the basis of ten cents (10¢) per line for the record, to be paid by the district. Acts 1929, No. 47, § 3; Pope's Dig., § 4586; A.S.A. 1947, § 21-821.

(a) All bonds taken up by any district by funding bonds or proceeds thereof shall be plainly marked "CANCELLED" and deposited by the secretary of the district with the county clerk if the district embraces only land in the county. If the district embraces lands in more than one (1) county, then the bonds shall be deposited with the clerk of the circuit court for the county or judicial division of the county in which is situated the largest part of the lands in the district.

(b) The secretary of the district shall file with the cancelled bonds his certificate showing the number, date, place of payment, and maturity of the cancelled funding bonds including the numbers of the interest coupons, and also the numbers, date, and place of payment of maturity of the new bonds issued for the funding.

(c) The cancelled bonds shall be carefully kept by the county clerk or circuit court clerk receiving them in his office and the certificate of the secretary of the district shall be recorded in the permanent record book in his office. For his services in filing the bonds and making the record, the clerk shall receive pay on the basis of ten cents (10¢) per line for the record, to be paid by the district.

Acts 1929, No. 47, § 3; Pope's Dig., § 4586; A.S.A. 1947, § 21-821.
Ark. Code Ann. § 14-43-501 — AR Code / Title 14 / Chapter 43 / Subchapter 5 / Section 14-43-501
Organization of governing body - Definition
Status: in_force

(a) (1) The members of a governing body elected for each city or town shall annually in January assemble and organize the governing body. (2) (A) A majority of the whole number of members of a governing body constitutes a quorum for the transaction of business. (B) (i) The governing body shall judge the election returns and the qualifications of its own members. (ii) These judgments of the governing body are not subject to veto by the mayor. (C) (i) The governing body shall determine the rules of its proceedings and keep a journal of its proceedings, and the journal shall be open to the inspection and examination of any citizen. (ii) The governing body may also compel the attendance of absent members in such a manner and under such penalties as it prescribes. (iii) The governing body may consider the passage of rules on the following subjects, including without limitation: (a) The agenda for meetings; (b) The filing of resolutions and ordinances; and (c) Citizen commentary. (b) (1) (A) In a mayor-council form of government, the mayor shall be ex officio president of the city council and shall preside at its meetings. (B) The mayor shall have a vote to establish a quorum of the city council at any regular or special meeting of the city council and when his or her vote is needed to pass any ordinance, bylaw, resolution, order, or motion. (2) In the absence of the mayor, the city council shall elect a president pro tempore to preside over council meetings. (3) If the mayor is unable to perform the duties of office or cannot be located, one (1) of the following individuals may perform all functions of a mayor during the disability or absence of the mayor: (A) The city clerk; (B) Another elected official of the city if designated by the mayor; or (C) An unelected employee or resident of the city if designated by the mayor and approved by the city council. (c) As used in this section, "governing body" means the city council in a mayor-council form of government, the board of directors in a city manager form of government, and the board of directors in a city administrator form of government. Amended by Act 2015, No. 235,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 753,§ 1, eff. 8/16/2013. Acts 1875, No. 1, § 51, p. 1; C. & M. Dig., §§ 7738-7741; Pope's Dig., §§ 9934-9937; Acts 1981, No. 345, § 1; A.S.A. 1947, § 19-1010; Acts 2001, No. 354, § 1; 2005, No. 190, § 1; 2009, No. 185, § 3; 2011, No. 110, § 1.

(a) (1) The members of a governing body elected for each city or town shall annually in January assemble and organize the governing body. (2) (A) A majority of the whole number of members of a governing body constitutes a quorum for the transaction of business. (B) (i) The governing body shall judge the election returns and the qualifications of its own members. (ii) These judgments of the governing body are not subject to veto by the mayor. (C) (i) The governing body shall determine the rules of its proceedings and keep a journal of its proceedings, and the journal shall be open to the inspection and examination of any citizen. (ii) The governing body may also compel the attendance of absent members in such a manner and under such penalties as it prescribes. (iii) The governing body may consider the passage of rules on the following subjects, including without limitation: (a) The agenda for meetings; (b) The filing of resolutions and ordinances; and (c) Citizen commentary.

(1) The members of a governing body elected for each city or town shall annually in January assemble and organize the governing body.

(2) (A) A majority of the whole number of members of a governing body constitutes a quorum for the transaction of business. (B) (i) The governing body shall judge the election returns and the qualifications of its own members. (ii) These judgments of the governing body are not subject to veto by the mayor. (C) (i) The governing body shall determine the rules of its proceedings and keep a journal of its proceedings, and the journal shall be open to the inspection and examination of any citizen. (ii) The governing body may also compel the attendance of absent members in such a manner and under such penalties as it prescribes. (iii) The governing body may consider the passage of rules on the following subjects, including without limitation: (a) The agenda for meetings; (b) The filing of resolutions and ordinances; and (c) Citizen commentary.

(A) A majority of the whole number of members of a governing body constitutes a quorum for the transaction of business.

(B) (i) The governing body shall judge the election returns and the qualifications of its own members. (ii) These judgments of the governing body are not subject to veto by the mayor.

(i) The governing body shall judge the election returns and the qualifications of its own members.

(ii) These judgments of the governing body are not subject to veto by the mayor.

(C) (i) The governing body shall determine the rules of its proceedings and keep a journal of its proceedings, and the journal shall be open to the inspection and examination of any citizen. (ii) The governing body may also compel the attendance of absent members in such a manner and under such penalties as it prescribes. (iii) The governing body may consider the passage of rules on the following subjects, including without limitation: (a) The agenda for meetings; (b) The filing of resolutions and ordinances; and (c) Citizen commentary.

(i) The governing body shall determine the rules of its proceedings and keep a journal of its proceedings, and the journal shall be open to the inspection and examination of any citizen.

(ii) The governing body may also compel the attendance of absent members in such a manner and under such penalties as it prescribes.

(iii) The governing body may consider the passage of rules on the following subjects, including without limitation: (a) The agenda for meetings; (b) The filing of resolutions and ordinances; and (c) Citizen commentary.

(a) The agenda for meetings;

(b) The filing of resolutions and ordinances; and

(c) Citizen commentary.

(b) (1) (A) In a mayor-council form of government, the mayor shall be ex officio president of the city council and shall preside at its meetings. (B) The mayor shall have a vote to establish a quorum of the city council at any regular or special meeting of the city council and when his or her vote is needed to pass any ordinance, bylaw, resolution, order, or motion. (2) In the absence of the mayor, the city council shall elect a president pro tempore to preside over council meetings. (3) If the mayor is unable to perform the duties of office or cannot be located, one (1) of the following individuals may perform all functions of a mayor during the disability or absence of the mayor: (A) The city clerk; (B) Another elected official of the city if designated by the mayor; or (C) An unelected employee or resident of the city if designated by the mayor and approved by the city council.

(1) (A) In a mayor-council form of government, the mayor shall be ex officio president of the city council and shall preside at its meetings. (B) The mayor shall have a vote to establish a quorum of the city council at any regular or special meeting of the city council and when his or her vote is needed to pass any ordinance, bylaw, resolution, order, or motion.

(A) In a mayor-council form of government, the mayor shall be ex officio president of the city council and shall preside at its meetings.

(B) The mayor shall have a vote to establish a quorum of the city council at any regular or special meeting of the city council and when his or her vote is needed to pass any ordinance, bylaw, resolution, order, or motion.

(2) In the absence of the mayor, the city council shall elect a president pro tempore to preside over council meetings.

(3) If the mayor is unable to perform the duties of office or cannot be located, one (1) of the following individuals may perform all functions of a mayor during the disability or absence of the mayor: (A) The city clerk; (B) Another elected official of the city if designated by the mayor; or (C) An unelected employee or resident of the city if designated by the mayor and approved by the city council.

(A) The city clerk;

(B) Another elected official of the city if designated by the mayor; or

(C) An unelected employee or resident of the city if designated by the mayor and approved by the city council.

(c) As used in this section, "governing body" means the city council in a mayor-council form of government, the board of directors in a city manager form of government, and the board of directors in a city administrator form of government.

Amended by Act 2015, No. 235,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 753,§ 1, eff. 8/16/2013.

Acts 1875, No. 1, § 51, p. 1; C. & M. Dig., §§ 7738-7741; Pope's Dig., §§ 9934-9937; Acts 1981, No. 345, § 1; A.S.A. 1947, § 19-1010; Acts 2001, No. 354, § 1; 2005, No. 190, § 1; 2009, No. 185, § 3; 2011, No. 110, § 1.
Ark. Code Ann. § 14-282-108 — AR Code / Title 14 / Chapter 282 / Section 14-282-108
Assessment - Notice and hearing of assessment
Status: in_force

(a) The assessment shall be filed with the county clerk of the county, and the secretary of the board shall thereupon give notice of its filing by publication one (1) time a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: Click here to view form. (b) On the day named by the notice, it shall be the duty of the assessors to meet at the place named as a board of assessors and to hear all complaints against the assessment and to equalize and adjust the assessment. Their determination shall be final unless suit is brought in the chancery court within thirty (30) days to review it. If the board is unable to hear all complaints between the hours designated, they shall adjourn over from day to day until all parties have been heard. Acts 1975 (Extended Sess. 1976), No. 1221, § 6; A.S.A. 1947, § 20-2006; reen. Acts 1987, No. 1011, § 6.

(a) The assessment shall be filed with the county clerk of the county, and the secretary of the board shall thereupon give notice of its filing by publication one (1) time a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: Click here to view form.

Click here to view form.

(b) On the day named by the notice, it shall be the duty of the assessors to meet at the place named as a board of assessors and to hear all complaints against the assessment and to equalize and adjust the assessment. Their determination shall be final unless suit is brought in the chancery court within thirty (30) days to review it. If the board is unable to hear all complaints between the hours designated, they shall adjourn over from day to day until all parties have been heard.

Acts 1975 (Extended Sess. 1976), No. 1221, § 6; A.S.A. 1947, § 20-2006; reen. Acts 1987, No. 1011, § 6.

282_108_1 - Attachment
Ark. Code Ann. § 14-142-208 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-208
Bonds generally - Election to authorize issuance
Status: in_force

(a) The question of the issuance of such bonds shall be submitted to the electors of the municipality or county at the general election or at a special election called for that purpose in accordance with § 7-11-201 et seq., as provided in the ordinance or order and held in the manner provided in this subchapter; provided, however, that no voter residing within a municipality levying a maintenance tax for libraries or levying a tax pledged for the purpose of retiring library bonds issued by the municipality or pledged to pay for capital improvements to or construction of a public library pursuant to Arkansas Constitution, Amendment 30, and Arkansas Constitution, Amendment 72, shall be entitled to vote on the question of the issuance of bonds by the county within which the municipality is located as authorized pursuant to Arkansas Constitution, Amendment 38, and Arkansas Constitution, Amendment 72, and this section. (b) (1) Except as otherwise provided in this subchapter, the election shall be held and conducted in the same manner as a special or general election under the election laws of the state. (2) The ordinance or order shall set forth the form of the ballot question or questions in the form prescribed by Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38, as amended by Arkansas Constitution, Amendment 72. (3) Notice of the election shall be given by the clerk of the issuer by one (1) publication in a newspaper having general circulation within the municipality or county not less than ten (10) days prior to the election. No other publication or posting of a notice by any other public official shall be required. (c) The chief executive officer of the municipality or county shall proclaim the results of the election by issuing a proclamation and publishing it one (1) time in a newspaper having general circulation within the municipality or county. (d) (1) The results of the election as stated in the proclamation shall be conclusive unless suit is filed in the circuit court in the county in which the issuer is located within thirty (30) days after the date of the publication. (2) No other action shall be maintained to challenge the validity of the bonds and of the proceedings authorizing the issuance of the bonds unless suit is filed in such circuit court within thirty (30) days after the date of adoption of an ordinance or entry of the order authorizing the sale of the bonds. Acts 1993, No. 920, § 9; 1995, No. 545, § 1; 2005, No. 2145, § 45; 2007, No. 1049, § 66; 2009, No. 1480, § 85.

(a) The question of the issuance of such bonds shall be submitted to the electors of the municipality or county at the general election or at a special election called for that purpose in accordance with § 7-11-201 et seq., as provided in the ordinance or order and held in the manner provided in this subchapter; provided, however, that no voter residing within a municipality levying a maintenance tax for libraries or levying a tax pledged for the purpose of retiring library bonds issued by the municipality or pledged to pay for capital improvements to or construction of a public library pursuant to Arkansas Constitution, Amendment 30, and Arkansas Constitution, Amendment 72, shall be entitled to vote on the question of the issuance of bonds by the county within which the municipality is located as authorized pursuant to Arkansas Constitution, Amendment 38, and Arkansas Constitution, Amendment 72, and this section.

(b) (1) Except as otherwise provided in this subchapter, the election shall be held and conducted in the same manner as a special or general election under the election laws of the state. (2) The ordinance or order shall set forth the form of the ballot question or questions in the form prescribed by Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38, as amended by Arkansas Constitution, Amendment 72. (3) Notice of the election shall be given by the clerk of the issuer by one (1) publication in a newspaper having general circulation within the municipality or county not less than ten (10) days prior to the election. No other publication or posting of a notice by any other public official shall be required.

(1) Except as otherwise provided in this subchapter, the election shall be held and conducted in the same manner as a special or general election under the election laws of the state.

(2) The ordinance or order shall set forth the form of the ballot question or questions in the form prescribed by Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38, as amended by Arkansas Constitution, Amendment 72.

(3) Notice of the election shall be given by the clerk of the issuer by one (1) publication in a newspaper having general circulation within the municipality or county not less than ten (10) days prior to the election. No other publication or posting of a notice by any other public official shall be required.

(c) The chief executive officer of the municipality or county shall proclaim the results of the election by issuing a proclamation and publishing it one (1) time in a newspaper having general circulation within the municipality or county.

(d) (1) The results of the election as stated in the proclamation shall be conclusive unless suit is filed in the circuit court in the county in which the issuer is located within thirty (30) days after the date of the publication. (2) No other action shall be maintained to challenge the validity of the bonds and of the proceedings authorizing the issuance of the bonds unless suit is filed in such circuit court within thirty (30) days after the date of adoption of an ordinance or entry of the order authorizing the sale of the bonds.

(1) The results of the election as stated in the proclamation shall be conclusive unless suit is filed in the circuit court in the county in which the issuer is located within thirty (30) days after the date of the publication.

(2) No other action shall be maintained to challenge the validity of the bonds and of the proceedings authorizing the issuance of the bonds unless suit is filed in such circuit court within thirty (30) days after the date of adoption of an ordinance or entry of the order authorizing the sale of the bonds.

Acts 1993, No. 920, § 9; 1995, No. 545, § 1; 2005, No. 2145, § 45; 2007, No. 1049, § 66; 2009, No. 1480, § 85.
Ark. Code Ann. § 14-58-503 — AR Code / Title 14 / Chapter 58 / Subchapter 5 / Section 14-58-503
Terms of assistance
Status: in_force

(a) The incorporated town or city council granting financial aid shall do so by resolution which shall fix the amount and time of the payments. (b) The resolution shall be effective for the period of twelve (12) months. (c) The payments shall not exceed the annual revenue from which the funds are paid. Acts 1931, No. 229, § 3; Pope's Dig., § 9654; A.S.A. 1947, § 19-4411.

(a) The incorporated town or city council granting financial aid shall do so by resolution which shall fix the amount and time of the payments.

(b) The resolution shall be effective for the period of twelve (12) months.

(c) The payments shall not exceed the annual revenue from which the funds are paid.

Acts 1931, No. 229, § 3; Pope's Dig., § 9654; A.S.A. 1947, § 19-4411.
Ark. Code Ann. § 14-284-117 — AR Code / Title 14 / Chapter 284 / Subchapter 1 / Section 14-284-117
Issuance of notes
Status: in_force

(a) (1) In order to acquire and maintain equipment and facilities and do the work of the fire protection district, the board of commissioners may issue the negotiable notes of the fire protection district signed by the members of the board and bearing a rate of interest not exceeding the maximum rate of interest under § 4-57-104 , and the board may pledge and mortgage a portion of the future annual benefit assessments as collected for payment. (2) The petition for the creation of a fire protection district in the court order creating the fire protection district shall limit the total amount of notes that may be outstanding at any time, but the limits may be increased to the maximum prescribed in subdivision (a)(3) of this section. (3) Subject to Arkansas Constitution, Amendment 78, if applicable, a fire protection district created under this subchapter shall not have notes outstanding at any one time: (A) In excess of one hundred fifty thousand dollars ($150,000); or (B) With an annual amortized amount that exceeds two (2) times the available cash reserves of the fire protection district. (b) A fire protection district shall not issue bonds. Amended by Act 2019, No. 739,§ 1, eff. 7/24/2019. Acts 1939, No. 183, § 12; 1975, No. 979, § 1; A.S.A. 1947, § 20-912; Acts 2009, No. 399, § 1.

(a) (1) In order to acquire and maintain equipment and facilities and do the work of the fire protection district, the board of commissioners may issue the negotiable notes of the fire protection district signed by the members of the board and bearing a rate of interest not exceeding the maximum rate of interest under § 4-57-104 , and the board may pledge and mortgage a portion of the future annual benefit assessments as collected for payment. (2) The petition for the creation of a fire protection district in the court order creating the fire protection district shall limit the total amount of notes that may be outstanding at any time, but the limits may be increased to the maximum prescribed in subdivision (a)(3) of this section. (3) Subject to Arkansas Constitution, Amendment 78, if applicable, a fire protection district created under this subchapter shall not have notes outstanding at any one time: (A) In excess of one hundred fifty thousand dollars ($150,000); or (B) With an annual amortized amount that exceeds two (2) times the available cash reserves of the fire protection district.

(1) In order to acquire and maintain equipment and facilities and do the work of the fire protection district, the board of commissioners may issue the negotiable notes of the fire protection district signed by the members of the board and bearing a rate of interest not exceeding the maximum rate of interest under § 4-57-104 , and the board may pledge and mortgage a portion of the future annual benefit assessments as collected for payment.

(2) The petition for the creation of a fire protection district in the court order creating the fire protection district shall limit the total amount of notes that may be outstanding at any time, but the limits may be increased to the maximum prescribed in subdivision (a)(3) of this section.

(3) Subject to Arkansas Constitution, Amendment 78, if applicable, a fire protection district created under this subchapter shall not have notes outstanding at any one time: (A) In excess of one hundred fifty thousand dollars ($150,000); or (B) With an annual amortized amount that exceeds two (2) times the available cash reserves of the fire protection district.

(A) In excess of one hundred fifty thousand dollars ($150,000); or

(B) With an annual amortized amount that exceeds two (2) times the available cash reserves of the fire protection district.

(b) A fire protection district shall not issue bonds.

Amended by Act 2019, No. 739,§ 1, eff. 7/24/2019.

Acts 1939, No. 183, § 12; 1975, No. 979, § 1; A.S.A. 1947, § 20-912; Acts 2009, No. 399, § 1.
Ark. Code Ann. § 14-94-113 — AR Code / Title 14 / Chapter 94 / Section 14-94-113
Sale of land
Status: in_force

Any property that may be acquired by any district organized under this chapter may be sold by the board of the district for the price and on the terms it deems best. Acts 1987, No. 113, § 22.

Any property that may be acquired by any district organized under this chapter may be sold by the board of the district for the price and on the terms it deems best.

Acts 1987, No. 113, § 22.
Ark. Code Ann. § 14-229-101 — AR Code / Title 14 / Chapter 229 / Section 14-229-101
Individual Sewage Disposal Systems Advisory Committee - Creation - Members
Status: in_force

(a) There is established an advisory committee to be known as the "Individual Sewage Disposal Systems Advisory Committee", for the purpose of making recommendations, advising, and providing assistance to the Program Administrator of the Environmental Program Section of the Division of Environmental Health Protection of the Department of Health concerning the utilization and application of alternate and experimental individual sewage disposal systems. (b) The advisory committee shall consist of fourteen (14) members, to be appointed as follows: (1) A member of the Arkansas Home Builders Association, to be appointed by the President of the Arkansas Home Builders Association; (2) A member of the Arkansas Real Estate Commission, to be appointed by a majority vote of the commission; (3) A member of the Arkansas Realtors Association, to be appointed by the President of the Arkansas Realtors Association; (4) (A) One (1) member who shall be a currently serving or former member of the board of a suburban improvement district or an officer or member of an association of property owners created by and pursuant to state law and organized for the purpose of maintaining common facilities, including sewage disposal facilities, in unincorporated subdivisions in this state, to be named by the Governor. (B) However, in making the appointment, the Governor shall name a person who has been a developer or a member or officer of the board of a development company that has developed large unincorporated subdivisions in two (2) or more counties in this state; (5) One (1) member who is a registered septic tank installer, to be appointed by the Governor; (6) One (1) member who is a certified designated representative, to be appointed by the Governor; (7) Two (2) members who are interested in individual sewage disposal systems research from the University of Arkansas, to be named by the President of the University of Arkansas; (8) Three (3) members involved with the individual sewage disposal systems program of the Department of Health, to be appointed by the Secretary of the Department of Health; (9) The Director of the Division of Environmental Quality or a designee; (10) The State Conservationist of the United States Natural Resources Conservation Service or a designee; and (11) The State Geologist with the Office of the State Geologist or a designee. (c) (1) The eight (8) members of the advisory committee appointed to serve thereon in the manner set forth in subdivisions (b)(1)-(7) of this section shall be appointed for terms of four (4) years. (2) A vacancy in the term of any member due to death, resignation, or other cause shall be filled in the manner provided in this section for the original appointment for the unexpired portion of the term. (d) Members of the advisory committee shall serve without pay but may receive expense reimbursement in accordance with § 25-16-901 et seq. (e) (1) (A) The advisory committee shall elect from its membership a chair, a vice chair, and a secretary-treasurer, who shall each serve a term of one (1) year. (B) Officers shall be eligible for election to succeed themselves. (2) The advisory committee shall establish its own rules of procedure. (3) The advisory committee shall meet upon call by the chair, at the request of any five (5) members of the advisory committee stated in writing, at the request of the Director of the Division of Environmental Health Protection of the Department of Health, or upon call by the Secretary of the Department of Health. Amended by Act 2023, No. 697,§ 3, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 4857, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4856, eff. 7/1/2019. Acts 1983, No. 708, § 1; A.S.A. 1947, § 19-5415; Acts 1991, No. 185, § 1; 1993, No. 129, § 1; 1993, No. 145, § 1; 1997, No. 250, § 89; 1999, No. 1164, § 126; 2007, No. 189, §§ 1, 2.

(a) There is established an advisory committee to be known as the "Individual Sewage Disposal Systems Advisory Committee", for the purpose of making recommendations, advising, and providing assistance to the Program Administrator of the Environmental Program Section of the Division of Environmental Health Protection of the Department of Health concerning the utilization and application of alternate and experimental individual sewage disposal systems.

(b) The advisory committee shall consist of fourteen (14) members, to be appointed as follows: (1) A member of the Arkansas Home Builders Association, to be appointed by the President of the Arkansas Home Builders Association; (2) A member of the Arkansas Real Estate Commission, to be appointed by a majority vote of the commission; (3) A member of the Arkansas Realtors Association, to be appointed by the President of the Arkansas Realtors Association; (4) (A) One (1) member who shall be a currently serving or former member of the board of a suburban improvement district or an officer or member of an association of property owners created by and pursuant to state law and organized for the purpose of maintaining common facilities, including sewage disposal facilities, in unincorporated subdivisions in this state, to be named by the Governor. (B) However, in making the appointment, the Governor shall name a person who has been a developer or a member or officer of the board of a development company that has developed large unincorporated subdivisions in two (2) or more counties in this state; (5) One (1) member who is a registered septic tank installer, to be appointed by the Governor; (6) One (1) member who is a certified designated representative, to be appointed by the Governor; (7) Two (2) members who are interested in individual sewage disposal systems research from the University of Arkansas, to be named by the President of the University of Arkansas; (8) Three (3) members involved with the individual sewage disposal systems program of the Department of Health, to be appointed by the Secretary of the Department of Health; (9) The Director of the Division of Environmental Quality or a designee; (10) The State Conservationist of the United States Natural Resources Conservation Service or a designee; and (11) The State Geologist with the Office of the State Geologist or a designee.

(1) A member of the Arkansas Home Builders Association, to be appointed by the President of the Arkansas Home Builders Association;

(2) A member of the Arkansas Real Estate Commission, to be appointed by a majority vote of the commission;

(3) A member of the Arkansas Realtors Association, to be appointed by the President of the Arkansas Realtors Association;

(4) (A) One (1) member who shall be a currently serving or former member of the board of a suburban improvement district or an officer or member of an association of property owners created by and pursuant to state law and organized for the purpose of maintaining common facilities, including sewage disposal facilities, in unincorporated subdivisions in this state, to be named by the Governor. (B) However, in making the appointment, the Governor shall name a person who has been a developer or a member or officer of the board of a development company that has developed large unincorporated subdivisions in two (2) or more counties in this state;

(A) One (1) member who shall be a currently serving or former member of the board of a suburban improvement district or an officer or member of an association of property owners created by and pursuant to state law and organized for the purpose of maintaining common facilities, including sewage disposal facilities, in unincorporated subdivisions in this state, to be named by the Governor.

(B) However, in making the appointment, the Governor shall name a person who has been a developer or a member or officer of the board of a development company that has developed large unincorporated subdivisions in two (2) or more counties in this state;

(5) One (1) member who is a registered septic tank installer, to be appointed by the Governor;

(6) One (1) member who is a certified designated representative, to be appointed by the Governor;

(7) Two (2) members who are interested in individual sewage disposal systems research from the University of Arkansas, to be named by the President of the University of Arkansas;

(8) Three (3) members involved with the individual sewage disposal systems program of the Department of Health, to be appointed by the Secretary of the Department of Health;

(9) The Director of the Division of Environmental Quality or a designee;

(10) The State Conservationist of the United States Natural Resources Conservation Service or a designee; and

(11) The State Geologist with the Office of the State Geologist or a designee.

(c) (1) The eight (8) members of the advisory committee appointed to serve thereon in the manner set forth in subdivisions (b)(1)-(7) of this section shall be appointed for terms of four (4) years. (2) A vacancy in the term of any member due to death, resignation, or other cause shall be filled in the manner provided in this section for the original appointment for the unexpired portion of the term.

(1) The eight (8) members of the advisory committee appointed to serve thereon in the manner set forth in subdivisions (b)(1)-(7) of this section shall be appointed for terms of four (4) years.

(2) A vacancy in the term of any member due to death, resignation, or other cause shall be filled in the manner provided in this section for the original appointment for the unexpired portion of the term.

(d) Members of the advisory committee shall serve without pay but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(e) (1) (A) The advisory committee shall elect from its membership a chair, a vice chair, and a secretary-treasurer, who shall each serve a term of one (1) year. (B) Officers shall be eligible for election to succeed themselves. (2) The advisory committee shall establish its own rules of procedure. (3) The advisory committee shall meet upon call by the chair, at the request of any five (5) members of the advisory committee stated in writing, at the request of the Director of the Division of Environmental Health Protection of the Department of Health, or upon call by the Secretary of the Department of Health.

(1) (A) The advisory committee shall elect from its membership a chair, a vice chair, and a secretary-treasurer, who shall each serve a term of one (1) year. (B) Officers shall be eligible for election to succeed themselves.

(A) The advisory committee shall elect from its membership a chair, a vice chair, and a secretary-treasurer, who shall each serve a term of one (1) year.

(B) Officers shall be eligible for election to succeed themselves.

(2) The advisory committee shall establish its own rules of procedure.

(3) The advisory committee shall meet upon call by the chair, at the request of any five (5) members of the advisory committee stated in writing, at the request of the Director of the Division of Environmental Health Protection of the Department of Health, or upon call by the Secretary of the Department of Health.

Amended by Act 2023, No. 697,§ 3, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 4857, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4856, eff. 7/1/2019.

Acts 1983, No. 708, § 1; A.S.A. 1947, § 19-5415; Acts 1991, No. 185, § 1; 1993, No. 129, § 1; 1993, No. 145, § 1; 1997, No. 250, § 89; 1999, No. 1164, § 126; 2007, No. 189, §§ 1, 2.
Ark. Code Ann. § 14-144-201 — AR Code / Title 14 / Chapter 144 / Subchapter 2 / Section 14-144-201
Research park authority - Creation
Status: in_force

(a) (1) A research park authority: (A) Shall have as sponsor at least one (1) accredited institution of higher education; and (B) May have one (1) or more: (i) Municipality; (ii) County; (iii) State agency; or (iv) Research institute or center. (2) One (1) or more sponsors who meet the requirements of subdivision (a)(1) of this section may create a research park authority under this chapter for the purpose of acquiring, constructing, maintaining, and operating a research park. (b) A county or municipality shall not participate in a research park authority unless the governing body of the county or municipality: (1) Provides by ordinance to participate in the research park authority; and (2) Enters into an agreement with at least one (1) accredited institution of higher education to create and maintain the research park authority. (c) An accredited institution of higher education shall not participate in a research park authority unless the governing body of the accredited institution of higher education adopts a resolution to participate in the research park authority. (d) A research park shall be located either within: (1) The geographical boundaries of a county or municipality that is a sponsor of the research park authority; or (2) The main campus or in the proximity of the main campus of the sponsoring accredited institution of higher education that is a sponsor of the research park authority. (e) (1) A sponsor of a research park authority shall enter into an agreement establishing the terms and conditions for the operation of the authority under this chapter and any other laws of the State of Arkansas that may be applicable. (2) To the extent that it is consistent with this chapter, the agreement shall specify the information provided for in the Interlocal Cooperation Act, § 25-20-101 et seq. (3) The agreement may also provide for each authority to furnish the participating sponsor or sponsors copies of its annual budget for examination and approval. (4) The agreement shall be filed with the Secretary of State. (f) By action of the research park authority board, a research park authority established under this chapter may add one (1) or more sponsors to the creating sponsors under subdivision (a)(1)(B) of this section. Acts 2007, No. 1045, § 1; 2011, No. 628, § 2.

(a) (1) A research park authority: (A) Shall have as sponsor at least one (1) accredited institution of higher education; and (B) May have one (1) or more: (i) Municipality; (ii) County; (iii) State agency; or (iv) Research institute or center. (2) One (1) or more sponsors who meet the requirements of subdivision (a)(1) of this section may create a research park authority under this chapter for the purpose of acquiring, constructing, maintaining, and operating a research park.

(1) A research park authority: (A) Shall have as sponsor at least one (1) accredited institution of higher education; and (B) May have one (1) or more: (i) Municipality; (ii) County; (iii) State agency; or (iv) Research institute or center.

(A) Shall have as sponsor at least one (1) accredited institution of higher education; and

(B) May have one (1) or more: (i) Municipality; (ii) County; (iii) State agency; or (iv) Research institute or center.

(i) Municipality;

(ii) County;

(iii) State agency; or

(iv) Research institute or center.

(2) One (1) or more sponsors who meet the requirements of subdivision (a)(1) of this section may create a research park authority under this chapter for the purpose of acquiring, constructing, maintaining, and operating a research park.

(b) A county or municipality shall not participate in a research park authority unless the governing body of the county or municipality: (1) Provides by ordinance to participate in the research park authority; and (2) Enters into an agreement with at least one (1) accredited institution of higher education to create and maintain the research park authority.

(1) Provides by ordinance to participate in the research park authority; and

(2) Enters into an agreement with at least one (1) accredited institution of higher education to create and maintain the research park authority.

(c) An accredited institution of higher education shall not participate in a research park authority unless the governing body of the accredited institution of higher education adopts a resolution to participate in the research park authority.

(d) A research park shall be located either within: (1) The geographical boundaries of a county or municipality that is a sponsor of the research park authority; or (2) The main campus or in the proximity of the main campus of the sponsoring accredited institution of higher education that is a sponsor of the research park authority.

(1) The geographical boundaries of a county or municipality that is a sponsor of the research park authority; or

(2) The main campus or in the proximity of the main campus of the sponsoring accredited institution of higher education that is a sponsor of the research park authority.

(e) (1) A sponsor of a research park authority shall enter into an agreement establishing the terms and conditions for the operation of the authority under this chapter and any other laws of the State of Arkansas that may be applicable. (2) To the extent that it is consistent with this chapter, the agreement shall specify the information provided for in the Interlocal Cooperation Act, § 25-20-101 et seq. (3) The agreement may also provide for each authority to furnish the participating sponsor or sponsors copies of its annual budget for examination and approval. (4) The agreement shall be filed with the Secretary of State.

(1) A sponsor of a research park authority shall enter into an agreement establishing the terms and conditions for the operation of the authority under this chapter and any other laws of the State of Arkansas that may be applicable.

(2) To the extent that it is consistent with this chapter, the agreement shall specify the information provided for in the Interlocal Cooperation Act, § 25-20-101 et seq.

(3) The agreement may also provide for each authority to furnish the participating sponsor or sponsors copies of its annual budget for examination and approval.

(4) The agreement shall be filed with the Secretary of State.

(f) By action of the research park authority board, a research park authority established under this chapter may add one (1) or more sponsors to the creating sponsors under subdivision (a)(1)(B) of this section.

Acts 2007, No. 1045, § 1; 2011, No. 628, § 2.
Ark. Code Ann. § 14-235-220 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-220
Enforcement of rights by bondholders or trustee
Status: in_force

(a) (1) Any holder of any bonds issued under this subchapter, or any of the coupons attached to them, and the trustee, if any, except to the extent the rights given in this subchapter may be restricted by the ordinance authorizing issuance of the bonds or by the trust indenture, may either, at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights granted under this subchapter or under the ordinance or trust indenture. (2) A bondholder or trustee may enforce and compel performance of all duties required by this subchapter or by the ordinance or trust indenture to be performed by the municipality issuing the bonds or by the sewer committee or any officer, including the making and collecting of reasonable and sufficient charges and rates for service rendered by the works. (b) If there is any failure to pay the principal or interest of any of the bonds on the date named for payment, any court having jurisdiction of the action may appoint a receiver to administer the works on behalf of the municipality and the bondholders or trustee, except as so restricted, with power to charge and collect, or, by mandatory injunction or otherwise, to cause to be charged and collected, rates sufficient to provide for the payment of the expenses of operation, repair, and maintenance and also to pay any bonds and interest outstanding and to apply the revenue in conformity with this subchapter and the ordinance or trust indenture. Acts 1933, No. 132, § 19; Pope's Dig., § 9995; A.S.A. 1947, § 19-4119.

(a) (1) Any holder of any bonds issued under this subchapter, or any of the coupons attached to them, and the trustee, if any, except to the extent the rights given in this subchapter may be restricted by the ordinance authorizing issuance of the bonds or by the trust indenture, may either, at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights granted under this subchapter or under the ordinance or trust indenture. (2) A bondholder or trustee may enforce and compel performance of all duties required by this subchapter or by the ordinance or trust indenture to be performed by the municipality issuing the bonds or by the sewer committee or any officer, including the making and collecting of reasonable and sufficient charges and rates for service rendered by the works.

(1) Any holder of any bonds issued under this subchapter, or any of the coupons attached to them, and the trustee, if any, except to the extent the rights given in this subchapter may be restricted by the ordinance authorizing issuance of the bonds or by the trust indenture, may either, at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights granted under this subchapter or under the ordinance or trust indenture.

(2) A bondholder or trustee may enforce and compel performance of all duties required by this subchapter or by the ordinance or trust indenture to be performed by the municipality issuing the bonds or by the sewer committee or any officer, including the making and collecting of reasonable and sufficient charges and rates for service rendered by the works.

(b) If there is any failure to pay the principal or interest of any of the bonds on the date named for payment, any court having jurisdiction of the action may appoint a receiver to administer the works on behalf of the municipality and the bondholders or trustee, except as so restricted, with power to charge and collect, or, by mandatory injunction or otherwise, to cause to be charged and collected, rates sufficient to provide for the payment of the expenses of operation, repair, and maintenance and also to pay any bonds and interest outstanding and to apply the revenue in conformity with this subchapter and the ordinance or trust indenture.

Acts 1933, No. 132, § 19; Pope's Dig., § 9995; A.S.A. 1947, § 19-4119.