reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 2 - STREET IMPROVEMENTS (§§ 14-301-201 — 14-301-207) › Section 14-301-205 - Payment

(a)
The assessments on the real property in the district shall be payable to the city or town collector in the manner and within the time prescribed by the governing body of the municipality.
(b)
Property owners may be given the option to pay the amount of the assessments in one (1) lump sum payment, or to pay the amount of the assessment in installments, within a time and at a rate of interest prescribed by the governing body of the municipality.
Acts 1967, No. 252, § 4; A.S.A. 1947, § 19-3839.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 2 - STREET IMPROVEMENTS (§§ 14-301-201 — 14-301-207) › Section 14-301-206 - Lien of assessment

(a)
The assessment against each lot or parcel of property shall constitute a lien on the property in favor of the municipality.
(b)
When any annual assessed benefit against any lot or parcel of property has not been paid for two (2) years from the date due, the delinquent assessment plus a ten percent (10%) penalty shall be certified by the mayor to the county clerk. The clerk shall place the assessment and penalty on the tax book as delinquent taxes, which shall be collected accordingly. The amount, when so collected, shall be paid to the city by the collector.
Acts 1967, No. 252, § 5; A.S.A. 1947, § 19-3840.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 2 - STREET IMPROVEMENTS (§§ 14-301-201 — 14-301-207) › Section 14-301-207 - Disposition of assessments collected

All funds derived from assessments upon real property under the provisions of this subchapter shall be funds of the municipality, shall at all times be kept separate and apart from other funds of the municipality, and shall be used solely to reimburse the municipality for expenses incurred in making the study and survey provided for in §
14-301-202
and for funds expended by the municipality for the street improvements made pursuant to the provisions of this subchapter.
Acts 1967, No. 252, § 6; A.S.A. 1947, § 19-3841.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 3 - VACATING STREETS AND ALLEYS FOR PUBLIC USE GENERALLY (§§ 14-301-301 — 14-301-306) › Section 14-301-301 - Power and authority to vacate

(a)
Cities of the first and second class and incorporated towns are given power and authority to vacate public streets and alleys within the cities and towns under the conditions and in the manner herein provided.
(b)
In all cases where the owner of property within a city or town shall have dedicated, or may hereafter dedicate, a portion of the property to the public use as streets or alleys by platting the property and causing the plat to be filed for record, as provided by law, and any street or alley, or section thereof, shown on the plat so filed shall not have been actually used by the public as a street or alley for a period of five (5) years and in all cases where all property abutting any street or alley, or section thereof, is owned by any museum as defined in §
13-5-1003
, educational institution, or college, whether the property shall have been actually used by the public as a street or alley for a period of five (5) years or not, the city or town council shall have power to vacate and abandon the street or alley, or any portion thereof, by proceeding in the manner set forth in this subchapter.
Amended by Act 2023, No. 843,§ 1, eff. 8/1/2023.
Acts 1945, No. 17, §§ 1, 2; 1947, No. 88, § 1; 1949, No. 98, § 1; A.S.A. 1947, §§ 19-3824, 19-3825.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 3 - VACATING STREETS AND ALLEYS FOR PUBLIC USE GENERALLY (§§ 14-301-301 — 14-301-306) › Section 14-301-302 - Petition to vacate - Notice of hearing

(a)
The owners of any property abutting upon a street or alley referred to in §
14-301-301
, may file a petition with the city or town council requesting the council to vacate the street or alley, or a portion thereof.
(b)
The petition shall designate the street or alley, or a portion thereof, to be vacated, and there shall be filed with the petition a certified or photostatic copy of the portion of the plat filed in the office of the county recorder which shows the street or alley to be vacated, together with the lot and block numbers of each lot which abuts upon the street or alley to be vacated.
(c)
At the next regular or special meeting of the council, the council shall, by resolution, fix a day for the hearing of the petition and shall direct the city clerk or town recorder to give notice of the meeting by publication once a week for two (2) consecutive weeks in some newspaper published in the county and having a general circulation in the city or town.
(d)
The notice shall:
(1)
State the names of the persons who sign the petition;
(2)
State the name of the street or alley, or the portion thereof, to be vacated. If the street or alley is not named on the plat, the notice shall identify the street or alley by the abutting lot or block numbers; and
(3)
Advise all persons that on a certain day named in the notice, the council will hear and determine whether the street or alley shall be vacated.
Acts 1945, No. 17, § 3; A.S.A. 1947, § 19-3826.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 3 - VACATING STREETS AND ALLEYS FOR PUBLIC USE GENERALLY (§§ 14-301-301 — 14-301-306) › Section 14-301-303 - Hearing - Written consent of abutting owners

At the meeting of the council as designated in the notice, any property owner affected by the petition shall be heard. The council shall then determine whether, from the standpoint of public interest and welfare, the street or alley should be vacated as proposed in the petition. However, no street or alley, or any portion thereof, shall be abandoned or vacated unless there has been filed with the council the written consent of the owners of all lots abutting on the street or alley, or the portion thereof, to be vacated.
Acts 1945, No. 17, § 4; A.S.A. 1947, § 19-3827.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 3 - VACATING STREETS AND ALLEYS FOR PUBLIC USE GENERALLY (§§ 14-301-301 — 14-301-306) › Section 14-301-305 - Suit to reject ordinance - Evidence of consent

(a)
The determination, findings, and ordinance of the council shall be conclusive unless, within thirty (30) days after the passage of the ordinance, suit is brought to reject the ordinance in the chancery court of the county where the city or town is located.
(b)
In determining whether all abutting property owners have consented to the abandonment, the council and chancery court shall be limited by the record of deeds in the office of the recorder of the county and shall not consider unrecorded instruments.
Acts 1945, No. 17, § 6; A.S.A. 1947, § 19-3829.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 3 - VACATING STREETS AND ALLEYS FOR PUBLIC USE GENERALLY (§§ 14-301-301 — 14-301-306) › Section 14-301-306 - Ownership of street or alley vesting in abutting owners - Pending suits unaffected

(a)
Upon the adoption of the ordinance, the absolute ownership of the property abandoned by the city or town shall vest in the owners of the real estate abutting thereon. Each such abutting owner shall take title to the center line of the street or alley so abandoned, and the ownership shall be free from the easement of the city or town for public use as a street or alley.
(b)
This subchapter shall not affect suits now pending in any of the courts of this state.
Acts 1945, No. 17, § 7; A.S.A. 1947, § 19-3830.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 4 - CLOSURE OF ALLEYS TO BUILD SCHOOLS, HOSPITALS, ORPHANAGES, OR CHURCHES (§§ 14-301-401 — 14-301-405) › Section 14-301-401 - Closure authority

When, in the opinion of a majority of the members of any city or town council in any of the cities of the first or second class or any incorporated towns of this state, it shall be necessary and desirable to use the land which is or may be dedicated for the use of the general public as an alley through or across any part of any block in the city or town, upon which to build any public school, hospital, orphanage, or church building, or any addition to the buildings as may be built, it shall be lawful for the city or town council, by ordinance duly enacted, to vacate and close the alley, or any part thereof, thereby cancelling and rescinding the rights of the general public and the owners of real property abutting upon the alley to use the property as an alley. However, the procedure for vacating and closing an alley or any part thereof shall be as set out in this subchapter.
Acts 1923 (1st Ex. Sess.), No. 30, § 1; Pope's Dig., § 9603; A.S.A. 1947, § 19-3818.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 4 - CLOSURE OF ALLEYS TO BUILD SCHOOLS, HOSPITALS, ORPHANAGES, OR CHURCHES (§§ 14-301-401 — 14-301-405) › Section 14-301-402 - Petition of property owners to close alley - Notice

When any person files with the city clerk or recorder of any city of the first or second class or any incorporated town in this state a petition signed by ten (10) or more persons claiming to be owners of real property in the city or town and including a majority of the owners of real property abutting upon any alley running through or across any part of any block in the city, with this petition stating that the land embraced in the alley or any part thereof is needed for the purpose of building on the lands any public school, hospital, orphanage, or church building, or any addition to those buildings, and praying that the alley be vacated as a whole or in part and, if not as a whole, describing specifically the part of the alley desired to be vacated, then it shall be the duty of the city clerk or recorder to give notice of the filing of the petition by publication in some newspaper published in the city or town, by one (1) insertion. If no newspaper is published therein, notice shall be given by publication of the notice, by one (1) insertion, in any newspaper published in the county and shall call upon the owners of real property abutting upon the alley and upon all other persons, firms, and corporations, to appear before the council of the city or town at its next regular meeting to be held after ten (10) days from the date of the notice and show cause, if any they can, why the petition should not be granted and the alley vacated.
Acts 1923 (1st Ex. Sess.), No. 30, § 2; Pope's Dig., § 9604; A.S.A. 1947, § 19-3819.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 4 - CLOSURE OF ALLEYS TO BUILD SCHOOLS, HOSPITALS, ORPHANAGES, OR CHURCHES (§§ 14-301-401 — 14-301-405) › Section 14-301-403 - Hearing - Closure ordinance

On the day named in the notice provided for in §
14-301-402
of this subchapter, the city or town council shall hear the petition and the protests and objections of all persons, firms, or corporations desiring to object to or protest against the closing and vacating of the alley, and if a majority of the city or town council finds that the petition is signed by ten (10) or more owners of real property in the city or town, including a majority of the owners of real property abutting upon the alley, and that it is desirable or necessary to close the alley for any of the purposes mentioned in §
14-301-401
, then the city or town council shall, by ordinance, vacate and close the alley or such part thereof as may be described in the petition. Thereafter, the right of the general public and of the owners of real property abutting upon the alley to use the lands embraced therein and described in the petition as an alley shall be forever cancelled and barred, and the title to the lands embraced in the alley shall be forever free of the right of all persons to use the lands as an alley. However, no protest or objection to the closing of the alley shall be considered by the council or by any court on appeal unless the protest or objection shall be in writing and shall be filed before or at the hearing provided for in this section.
Acts 1923 (1st Ex. Sess.), No. 30, § 3; Pope's Dig., § 9605; A.S.A. 1947, § 19-3820.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 4 - CLOSURE OF ALLEYS TO BUILD SCHOOLS, HOSPITALS, ORPHANAGES, OR CHURCHES (§§ 14-301-401 — 14-301-405) › Section 14-301-404 - Appeal - Bond

(a)
Any person, firm, or corporation aggrieved by the finding of any council of any city or town upon any petition named in this subchapter shall have the right to appeal to the circuit court of the county in which the city or town is located, upon the filing of a good and sufficient bond for all costs of the appeal and an affidavit setting forth that the appeal is not taken for delay but that justice may be done the party appealing. The bond and affidavit shall be filed within ten (10) days after the hearing provided for in §
14-301-402
, and not thereafter, but the appeal shall not operate to delay the construction of any building of any public school, hospital, orphanage, or church unless the parties taking the appeal shall enter into bond for the diligent prosecution of the appeal and guaranteeing the payment of all damages that may result from the delay in the construction of the buildings during the time the appeal shall be pending. The bond is to be filed with the city clerk or recorder of the city or town council from the finding of which the appeal shall be taken.
(b)
Upon all appeals, the case shall be heard de novo by the circuit judge sitting as a jury. If the court shall find that the lands embraced in the alley or any part of the alley described in the petition are needed for the construction of any of the buildings described in §
14-301-401
, that the petition is signed by ten (10) or more owners of real property in the city or town where the alley lies, and that the petition is also signed by a majority of the owners of real property abutting the alley, it shall be the duty of the court to dismiss the appeal; otherwise, the court shall declare the ordinance passed by the city or town council to be void and of no effect and shall enter an order accordingly.
Acts 1923 (1st Ex. Sess.), No. 30, §§ 4, 6; Pope's Dig., §§ 9606, 9608; A.S.A. 1947, §§ 19-3821, 19-3823.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 301 - MUNICIPAL STREETS GENERALLY (§§ 14-301-101 — 14-301-405) › Subchapter 4 - CLOSURE OF ALLEYS TO BUILD SCHOOLS, HOSPITALS, ORPHANAGES, OR CHURCHES (§§ 14-301-401 — 14-301-405) › Section 14-301-405 - Transcripts

(a)
Upon the filing of any bond and affidavit for appeal with the city clerk or recorder, as provided in this subchapter, the city clerk or recorder shall immediately prepare a certified transcript of the record in the case. The transcript shall include copies of the original petition, the bond and affidavit for appeal and the ordinance enacted by the city or town council upon the petition closing and vacating the alley. The recorder or clerk shall certify the transcript, affixing to the certificate of the transcript the seal of the city or town council and shall file the transcript with the circuit clerk of the county. The appeal shall stand for trial upon the first day thereafter that the circuit court shall meet in regular or adjourned session.
(b)
The appeal, upon motion of any of the parties interested therein, shall be advanced and heard ahead of any and all other cases, such matters being of great public interest and importance. Upon notice by any interested party requiring him to do so, the city clerk or recorder shall file with the circuit clerk any or all of the original papers in such matters.
Acts 1923 (1st Ex. Sess.), No. 30, § 5; Pope's Dig., § 9607; A.S.A. 1947, § 19-3822.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-101 - Title

This chapter may be referred to and cited as the "Municipal Street and Parking Revenue Bond Act."
Acts 1967, No. 317, § 1; A.S.A. 1947, § 13-1701.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-102 - Purpose and construction

(a)
This chapter shall be construed liberally.
(b)
All acts and activities of the municipality performed pursuant to the authority of this chapter are legislatively determined and declared to be essential governmental functions.
(c)
In this regard it is determined and declared that this chapter is the sole authority necessary for the performance of the acts authorized by this chapter including, without limitation, the issuance of bonds.
(d)
There is conferred upon the municipalities of this state the authority to take such action and to do or cause to be done such things as shall be necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import hereof.
Acts 1967, No. 317, § 11; A.S.A. 1947, § 13-1711.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-103 - Chapter cumulative

The provisions of this chapter shall be cumulative, insofar as the authority conferred and the subject matter dealt with is concerned, to all other laws dealing with the accomplishing of similar work to that embodied in street and parking projects dealt with in this chapter and to the financing and operation thereof by municipalities or agencies or authorities of municipalities.
Acts 1967, No. 317, § 13; A.S.A. 1947, § 13-1711n.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-104 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Bonds" means bonds issued under the authority of this chapter;
(2)
"Municipalities" means first-class cities, second-class cities, and incorporated towns;
(3)
"Street and parking revenues" means special revenues specified in §
14-302-110
.
Acts 1967, No. 317, §§ 2, 3, 6; A.S.A. 1947, §§ 13-1702, 13-1703, 13-1706.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-105 - Power of municipalities over street and parking projects

Municipalities are authorized and empowered to acquire, by purchase or exercise of eminent domain:
(1)
Sites and rights-of-way to construct, reconstruct, widen, extend, and maintain streets, alleys, and roadways of every nature including, without limitation, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, access roads, and any other work of whatever nature incidental thereto; and
(2)
Sites and rights-of-way to construct, reconstruct, widen, extend, and maintain and operate off-street parking facilities, sometimes collectively referred to in this chapter as "street and parking projects."
Acts 1967, No. 317, § 2; A.S.A. 1947, § 13-1702.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-106 - Authority to issue bonds - Costs

(a)
Municipalities are authorized and empowered to issue revenue bonds from time to time in principal amounts sufficient to pay the costs of street and parking projects as they are defined in subsection (c) of this section.
(b)
More than one (1) street or parking project, or combination thereof, may be involved as to any issue of revenue bonds hereunder. There may be more than one (1) issue for a particular street or parking project, or combination thereof, or there may be one (1) issue sold and delivered in series.
(c)
The costs of a street or parking project, or combination thereof, as the case may be, may include all costs incurred in connection with the accomplishing of the project, an amount covering interest in bonds during construction and for a period up to one (1) year thereafter, any amounts determined to be desirable by the municipality for funding debt service and maintenance reserves, and all expenses incurred in connection with the authorization and issuance of bonds.
Acts 1967, No. 317, § 3; A.S.A. 1947, § 13-1703.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-107 - Issuance of bonds - Sale

(a)
Bonds shall be authorized by ordinance of the governing body of the municipality.
(b)
They may be coupon bonds, payable to bearer, or may be registrable as to principal only, with interest coupons, or may be registrable as to both principal and interest without coupons, and may be made exchangeable for bonds of another denomination, which bonds of another denomination may in turn be either coupon bonds, payable to bearer, or bonds registrable as to principal only with coupons, or bonds registrable as to both principal and interest without coupons. The bonds may be in such form and denominations; the bonds may have such date or dates; the bonds may mature at such time or times and in such amount or amounts, provided that no bonds may mature more than forty (40) years from date; the bonds may bear interest payable at such times and at such rate or rates; the bonds may be payable at such place or places within or without the State of Arkansas; the bonds may be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and the bonds may contain such other terms and provisions, all as the municipality issuing the bonds shall determine.
(c)
The authorizing ordinance may contain any other terms, covenants, and conditions that are deemed desirable by the municipality including, without limitation:
(1)
Provisions controlling the priority between and among successive issues;
(2)
Those pertaining to the custody and application of bond proceeds, the maintenance and investment of various funds and reserves;
(3)
The nature and extent of the security;
(4)
The rights, duties, and obligations of the municipality and of the holders and registered owners of the bonds.
(d)
Bonds may be sold in the manner the municipality involved may determine to be in its best interest and may be sold for such price including, without limitation, sale at a discount. The bonds may be sold with the privilege of conversion upon terms and conditions as the municipality involved shall specify, but in no event shall the municipality involved receive less or pay more than it would receive and pay if the bonds were not converted.
Acts 1967, No. 317, § 4; 1970 (Ex. Sess.), No. 29, § 1; 1975, No. 225, § 7; 1981, No. 425, § 7; A.S.A. 1947, § 13-1704.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-108 - Execution of bonds and coupons - Seal

(a)
Bonds shall be executed by the manual or facsimile signature of the mayor of the municipality and by the manual signature of the clerk or recorder of the municipality.
(b)
Coupons attached to the bonds shall be executed by the facsimile signature of the mayor.
(c)
In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officer before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes.
(d)
The bonds shall be sealed with the seal of the municipality issuing the bonds.
Acts 1967, No. 317, § 5; A.S.A. 1947, § 13-1705.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-109 - Bonds as special obligations payable from street and parking revenues

(a)
The bonds shall not be general obligations of the municipality involved but shall be special obligations payable solely from the revenues specified in §
14-302-110
.
(b)
The principal of and interest on all bonds issued under the authority of this chapter shall be secured solely by a pledge of, and shall be payable solely from, street and parking revenues.
(c)
The ordinance authorizing the issuance of bonds together with this chapter shall constitute a contract by and between the municipality and the holders and registered owners of all bonds issued by the municipality under the authority of this chapter, which contract, and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of the contract. The contract and all rights of the holders and registered owners of the bonds and the obligations of the municipality may be enforced by mandamus or any other appropriate proceeding at law or in equity.
(d)
It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter.
Acts 1967, No. 317, § 6; A.S.A. 1947, § 13-1706.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-111 - Refunding bonds

(a)
Revenue bonds may be issued for the purpose of refunding any bonds issued under the authority of this chapter.
(b)
The refunding bonds may be combined into a single issue with revenue bonds issued for a street and parking project.
(c)
Refunding bonds may either be sold or delivered in exchange for the bonds being refunded.
(d)
If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement thereof, as shall be specified by the municipality in the ordinance authorizing and securing the refunding bonds.
(e)
The ordinance authorizing the refunding bonds may provide that the refunding bonds shall have the same priority of lien on street and parking revenues pledged for their payment as was enjoyed by the bonds refunded. Refunding bonds shall be sold and secured in accordance with the provisions of this chapter pertaining to the sale and security of revenue bonds.
Acts 1967, No. 317, § 8; A.S.A. 1947, § 13-1708.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-112 - Revenue bonds made securities

(a)
Revenue bonds issued under the authority of this chapter are made securities in which insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds including capital in their control or belonging to them.
(b)
The bonds are made securities which may properly and legally be deposited with, and received by, any state or municipal officer or any agency or political subdivision of this state for any purpose for which the deposit of bonds or obligations of this state is now or may hereafter be authorized by law.
(c)
Any municipality or county; any board, commission, or other authority established by any such municipality or county; or the boards of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the authority of this chapter. Bonds issued under the authority of this chapter shall be eligible to secure the deposit of public funds.
Acts 1967, No. 317, § 9; A.S.A. 1947, § 13-1709.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 302 - MUNICIPAL STREET AND PARKING REVENUE BOND ACT (§§ 14-302-101 — 14-302-113) › Section 14-302-113 - Bonds - Tax exemption

The principal of, and interest on, bonds issued under the authority of this chapter shall be exempt from all state, county, and municipal taxes. This exemption shall include income, inheritance, and estate taxes.
Acts 1967, No. 317, § 10; A.S.A. 1947, § 13-1710.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-303-101 — 14-303-104) › Section 14-303-101 - Title

This chapter may be referred to and cited as the "Arkansas Municipal Tollway Authority Act."
Acts 1968 (1st Ex. Sess.), No. 33, § 1; A.S.A. 1947, § 76-2601.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-303-101 — 14-303-104) › Section 14-303-102 - Construction

(a)
This chapter shall be construed liberally.
(b)
All acts and activities of an authority performed pursuant to the powers of this chapter are determined and declared by the General Assembly to be essential governmental functions. In this regard, it is determined and declared that this chapter is the sole authority necessary for the performance of the acts authorized in this chapter including, without limitation, the issuance of bonds. Specifically, it shall not be necessary for the city involved to take any action with reference to any matters concerning which authority is conferred upon an authority including, without limitation, the issuance of revenue bonds. To this end, there is conferred upon authorities created pursuant to the provisions of this chapter the power to take action and do or cause to be done anything necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import hereof with the action taken by an authority or the things done or caused to be done by an authority pursuant to the provisions of this section being determined and declared to be ministerial rather than legislative in nature.
Acts 1968 (1st Ex. Sess.), No. 33, § 21; A.S.A. 1947, § 76-2621.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-303-101 — 14-303-104) › Section 14-303-104 - Tollway projects declared public properties - Ad valorem tax exemption

All tollway projects, and all the properties thereof, are legislatively determined and declared to be public properties used exclusively for public purposes and the legislative intent is that tollway projects, and all properties thereof, shall be exempt from ad valorem taxes under and pursuant to the provisions of Arkansas Constitution, Article 16, Section 5.
Acts 1968 (1st Ex. Sess.), No. 33, § 18; A.S.A. 1947, § 76-2618.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 2 - MUNICIPAL TOLLWAY AUTHORITIES (§§ 14-303-201 — 14-303-204) › Section 14-303-201 - Creation and members

(a)
Any city of the first class may by ordinance create a municipal tollway authority, herein sometimes referred to as "the authority," composed of five (5) citizens who are qualified electors of the city involved.
(b)
The ordinance creating the authority shall appoint the members of the authority. Of those first appointed, one (1) shall serve for a term of one (1) year, one (1) shall serve for a term of two (2) years, one (1) shall serve for a term of three (3) years, one (1) shall serve for a term of four (4) years, and one (1) shall serve for a term of five (5) years. These terms shall be determined by lot at the first meeting of the authority. Upon the expiration of the respective terms, successor members of the authority shall be appointed by the remaining members, subject to approval of the governing body of the city involved, with each such appointee to serve for a term of five (5) years.
(c)
In the event of a vacancy occurring on the authority, the remaining members of the authority, subject to the approval of the governing body of the city involved, shall appoint a member to serve the unexpired term.
(d)
All members of the authority shall file the oath required by law in the State of Arkansas for public officials.
(e)
Any member of the authority may be removed only for cause by the governing body of the city involved after a hearing of which the member proposed to be removed is given reasonable notice and an opportunity to be heard.
(f)
Members of the authority shall receive no pay for their services but shall be entitled to actual expenses incurred in the performance of their duties as members of the authority.
Acts 1968 (1st Ex. Sess.), No. 33, §§ 2-4; A.S.A. 1947, §§ 76-2602 -- 76-2604.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 2 - MUNICIPAL TOLLWAY AUTHORITIES (§§ 14-303-201 — 14-303-204) › Section 14-303-202 - Organization

(a)
The authority shall elect from among its members a chairman and a secretary who shall serve for such terms as the authority shall determine.
(b)
The secretary shall be the authority's disbursing agent and executive officer. The secretary shall furnish bond, with a corporate surety, in the penal sum of fifty thousand dollars ($50,000) on the condition that he will faithfully perform his powers, functions, and duties, and properly handle all funds received and disbursed by him and account therefor. The premium on the bond shall be a proper charge against funds of the authority.
Acts 1968 (1st Ex. Sess.), No. 33, §§ 6, 7; A.S.A. 1947, §§ 76-2606, 76-2607.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 2 - MUNICIPAL TOLLWAY AUTHORITIES (§§ 14-303-201 — 14-303-204) › Section 14-303-203 - Meetings

(a)
Meetings of the authority shall be held on call by the chairman or by any three (3) or more members, upon reasonable advance notice to each member, at such places as may suit the authority's convenience.
(b)
A quorum for the transaction of business at any meeting shall consist of not less than three (3) members, and the affirmative vote of three (3) members shall be requisite for the authorizing or approving of any action or the passage or adoption of any motion or resolution.
Acts 1968 (1st Ex. Sess.), No. 33, § 6; A.S.A. 1947, § 76-2606.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 3 - CONSTRUCTION OF TOLLWAY PROJECTS (§§ 14-303-301 — 14-303-307) › Section 14-303-301 - Prerequisites to undertaking project

No tollway project shall be undertaken unless and until the tollway project involved shall have been thoroughly studied with respect to traffic, engineering, costs, and financing, and unless the authority involved makes, by resolution entered in the records of that authority, a determination based upon the study that:
(1)
Sufficient public funds for construction of the proposed tollway are not available; and
(2)
The construction of the proposed tollway can be financed wholly through the investment of private funds in revenue bonds.
Acts 1968 (1st Ex. Sess.), No. 33, § 9; A.S.A. 1947, § 76-2609.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 3 - CONSTRUCTION OF TOLLWAY PROJECTS (§§ 14-303-301 — 14-303-307) › Section 14-303-302 - Surveys, etc., on private lands

(a)
An authority, and its authorized agents and employees, may enter upon any lands, waters, and premises for the purposes of making such surveys, soundings, drillings, and examinations as they may deem necessary or desirable for the purposes of carrying out the authority conferred by this chapter. Such entries shall not be deemed trespasses, nor shall such entries for such purposes be deemed entries under any condemnation proceedings which may then be pending.
(b)
An authority shall make reimbursement to the owners for any actual damage resulting to the lands, waters, and premises as a result of such activities, and reimbursements shall be part of the project costs.
Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 3 - CONSTRUCTION OF TOLLWAY PROJECTS (§§ 14-303-301 — 14-303-307) › Section 14-303-303 - Eminent domain

(a)
The power of eminent domain is expressly conferred upon authorities, created pursuant to the provisions of this chapter.
(b)
In the event that any lands, or interest therein, determined by an authority to be necessary for any tollway project cannot be acquired by negotiation, the authority involved is empowered to institute condemnation proceedings for the acquisition of the lands, or the interest therein, desired by it.
(c)
The condemnation proceedings under the power of eminent domain may be exercised in the manner now provided for taking private property for rights-of-way for railroads as provided by §§
18-15-1202
-
18-15-1207
, as amended, or in the manner provided by §§
18-15-301
-
18-15-307
, as amended, or pursuant to any other statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain by the State of Arkansas, or by any of its officers, agencies, or departments, or by political subdivisions of the State of Arkansas.
(d)
Title to, and all interest in, lands acquired by an authority, by purchase or by condemnation, shall be taken in the name of the authority involved.
Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 3 - CONSTRUCTION OF TOLLWAY PROJECTS (§§ 14-303-301 — 14-303-307) › Section 14-303-304 - Grade separations - Lines and grades

In connection with the construction of any tollway project, an authority is authorized to construct grade separations at intersections of any tollway project with public highways and to change and adjust the lines and grades of public highways so as to accommodate the lines and grades to the design of the grade separation. The cost of the grade separations and any damages incurred in connecting and adjusting the lines and grades of public highways shall be ascertained and paid by the authority involved as part of the costs of the tollway project involved.
Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 3 - CONSTRUCTION OF TOLLWAY PROJECTS (§§ 14-303-301 — 14-303-307) › Section 14-303-305 - Approval required to change highway location

An authority shall not change the location of any portion of a public highway which is a part of the state highway system without the prior approval of the State Highway Commission, nor a public highway subject to the exclusive jurisdiction of a county court without the prior approval of the county court involved.
Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 3 - CONSTRUCTION OF TOLLWAY PROJECTS (§§ 14-303-301 — 14-303-307) › Section 14-303-306 - Highway vacation or relocation

Any public highway affected by the construction of a tollway project may be vacated or relocated by an authority in the manner provided by law for the vacation or relocation of public roads. Any damages awarded on account thereof shall be paid by the authority involved as part of the project costs.
Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 3 - CONSTRUCTION OF TOLLWAY PROJECTS (§§ 14-303-301 — 14-303-307) › Section 14-303-307 - Relocation or removal of tollway facilities

Whenever an authority shall determine that it is necessary for transmission facilities, including tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of whatever nature existing or used in connection with public and private utilities, pipeline companies, or pipeline operators which now are, or hereafter may be, located in, on, along, over, or under any tollway project, to be relocated in the tollway project, or to be removed from the tollway project, the owner or operator of the transmission facilities shall relocate or remove the transmission facilities in accordance with the order of the authority involved. However, the cost and expenses of the relocation or removal, including the cost of installing the facilities in new locations, and the cost of any lands, or any rights or interest in lands and any other rights acquired to accomplish the relocation or removal, shall be ascertained and paid by the authority involved as part of the project costs.
Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 303 - MUNICIPAL TOLLWAY AUTHORITY ACT (§§ 14-303-101 — 14-303-513) › Subchapter 4 - TOLLWAY PROJECT REVENUES (§§ 14-303-401 — 14-303-405) › Section 14-303-401 - Powers of authority

(a)
An authority is authorized to fix, revise, charge, and collect tolls for the use of each tollway project and the different parts or sections thereof; to contract with any person, partnership, association, corporation, or organization desiring the use of any part thereof, including the right-of-way adjoining the paved portion, for placing thereon telephone, telegraph, electric light or power lines, and other facilities, or for any other purpose; and to fix the terms, conditions, rents, and rates of charges for such use. However, public utilities, rural cooperatives, political subdivisions, and pipeline companies may construct and maintain crossings of tollway projects with their facilities, without charge, if the facilities are constructed and maintained in compliance with reasonable requirements of public safety, and all costs of restoring the projects to as good a condition as they were before being disturbed, are paid by the owner of the facilities.
(b)
The tolls charged by an authority shall not be subject to supervision or regulation by the city involved or by any other commission, board, bureau, agency, or political subdivision of the State of Arkansas.
Acts 1968 (1st Ex. Sess.), No. 33, § 11; A.S.A. 1947, § 76-2611.