reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 10 - SALE OF WATERWORKS (§§ 14-91-1001 — 14-91-1006) › Section 14-91-1003 - Purchase of waterworks

(a)
(1)
The purchaser of the water system in any city or town in this state shall pay at least the appraised value for the plant.
(2)
(A)
If the purchaser desires to assume an amount of bonds equal to the purchase price outstanding against the plant, he shall give to the city or town an indemnifying bond in some good surety company, conditioned for the payment of the interest and the retiring of the bonds, so assumed by the purchaser, as they may become due and payable.
(B)
Should the purchaser desire to take up the amount of bonds that may be adjudged against the waterworks, as shown by the purchase price, he may do so by making the necessary arrangements for retiring them with the holders of the bonds.
(b)
(1)
(A)
The transfer of the properties shall be evidenced by a deed of conveyance in the usual form and with the usual covenants of warranty.
(B)
A lien against the property sold shall be retained in the deed for all of the unpaid sale price with the right upon default of payment of any interest or indebtedness when it falls due to declare all of the unpaid sale price due and payable and to proceed with a foreclosure of the lien so retained.
(2)
The deed of conveyance shall be executed on behalf of the city or town by the clerk or recorder, when authorized by the city or town council.
(3)
A receipt duly executed by the treasurer of the city or town shall release the purchaser from further liability for the payment of the amount of money received.
(4)
If payment is made in cash, it shall be applied only to the retirement of the bonds of the district.
(c)
Upon the payment of all indebtedness for which a lien may be retained in a deed of conveyance, the mayor, or recorder, or clerk of the town or city is authorized and directed to satisfy the lien by a deed of release, or by marginal entry upon the deed record where it may be recorded.
Acts 1929, No. 103, § 3; Pope's Dig., § 7397; A.S.A. 1947, § 20-329.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 10 - SALE OF WATERWORKS (§§ 14-91-1001 — 14-91-1006) › Section 14-91-1004 - Effect of sale

The sale of the property as mentioned in this subchapter shall not work a forfeiture of the corporate entity of the improvement district. Rather, it shall be maintained for the operating of the sewer system which is to be retained by the district and the town and city.
Acts 1929, No. 103, § 3; Pope's Dig., § 7397; A.S.A. 1947, § 20-329.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 10 - SALE OF WATERWORKS (§§ 14-91-1001 — 14-91-1006) › Section 14-91-1005 - Outstanding bonds

The remainder of the outstanding bonds issued by a municipal waterworks improvement district shall remain as an indebtedness against it and shall be paid by a levy on the assessment of benefits of the district in force at the time of a sale.
Acts 1929, No. 103, § 4; Pope's Dig., § 7398; A.S.A. 1947, § 20-330.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 10 - SALE OF WATERWORKS (§§ 14-91-1001 — 14-91-1006) › Section 14-91-1006 - Priority of suits

All suits in reference to the sale of municipal waterworks shall be deemed matters of public interest and shall be advanced in all courts and heard at the earliest possible moment, and appeals therein must be taken and perfected within thirty (30) days.
Acts 1929, No. 103, § 5; Pope's Dig., § 7399; A.S.A. 1947, § 20-331.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 11 - CHANGE OF PLANS IN CITIES WITH A POPULATION EXCEEDING 60,000 (§§ 14-91-1101 — 14-91-1106) › Section 14-91-1101 - Applicability

This subchapter shall apply only to improvement districts created in cities having a population exceeding sixty thousand (60,000) inhabitants, as shown by the federal census immediately preceding the proceedings authorized by this subchapter.
Acts 1925, No. 238, § 2; A.S.A. 1947, § 20-303.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 11 - CHANGE OF PLANS IN CITIES WITH A POPULATION EXCEEDING 60,000 (§§ 14-91-1101 — 14-91-1106) › Section 14-91-1102 - Authority generally

The commissioners on the boards of improvement districts formed in cities having more than sixty thousand (60,000) inhabitants are authorized and empowered to change the plans for the improvement either before or after the assessments of benefits are made in their districts and to make and complete the improvement in them according to the changed plans.
Acts 1925, No. 238, § 3; A.S.A. 1947, § 20-304.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 11 - CHANGE OF PLANS IN CITIES WITH A POPULATION EXCEEDING 60,000 (§§ 14-91-1101 — 14-91-1106) › Section 14-91-1103 - Revised plans

(a)
At any time before the completion of the improvements in the improvement districts, the commissioners on the boards of improvement may make revised plans for the improvements involving changes in the original plans and complete the improvements according to the changed plans.
(b)
As soon as the commissioners have formed the revised plans for the improvements, they shall file a report thereof with the city clerk, together with an estimate of the cost of completing the improvements according to the changed plans.
Acts 1925, No. 238, § 4; A.S.A. 1947, § 20-305.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 11 - CHANGE OF PLANS IN CITIES WITH A POPULATION EXCEEDING 60,000 (§§ 14-91-1101 — 14-91-1106) › Section 14-91-1104 - Plans not exceeding cost limit

(a)
If the estimate of cost of making and completing the improvements according to the changed plans does not exceed the limit of cost to be borne by the landowners in the improvement district as limited by the statute in force at the time the second or majority petition is filed, or by a majority petition, the assessors shall immediately proceed to make a reassessment of benefits to be derived from the making of the improvements according to the changed plans.
(b)
The reassessment shall be filed, advertised, and heard, and the time for any complaints against it shall be limited, as is provided for on the original assessment in the district.
Acts 1925, No. 238, § 4; A.S.A. 1947, § 20-305.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 11 - CHANGE OF PLANS IN CITIES WITH A POPULATION EXCEEDING 60,000 (§§ 14-91-1101 — 14-91-1106) › Section 14-91-1105 - Plans exceeding cost limit

(a)
(1)
If the estimate of cost in any improvement district on any revised or changed plans shall exceed the amount limited by statute in force at the time the second or majority petition is filed with the city clerk, or the amount limited by the second or majority petition, the commissioners shall not proceed with the improvements according to the changed plans unless, within one (1) year after the changed plans are filed with the city clerk signed by a majority in value of the owners of real property in the district as shown by the last assessment for state and county taxes and a hearing is had thereon after notice by publication has been given for the time and in the manner required for such hearings on second or majority petitions in improvement districts in cities and towns, the city council finds that the petition contains the consent of a majority in value of the owners of real property in the district, as provided for in this section.
(2)
The finding of the city council on the petition shall be conclusive, subject to attack in the chancery court within thirty (30) days after the finding is made, and not thereafter.
(3)
The petition of the property owners provided for in this section shall state that the petitioners consent to the making and completion of the improvements in the district according to the changed plans and that the cost thereof be assessed against the real property in the district.
(b)
(1)
If the city council shall find that a majority of the landowners in the improvement district have petitioned for the making and completion of the improvements according to the revised plans, as provided for in subsection (a) of this section, the assessors shall, as soon as possible, make a reassessment of the benefits to be derived from the making and completion of the improvements according to the changed plans.
(2)
The reassessment shall be filed, notice thereof given by publication, and shall be heard by the council for the time and in the manner provided by law on the original assessment in the district, with the right of any property owner to appeal to the chancery court within the time, after the passage of the ordinance levying the installments of the reassessment of benefits, provided by law for appeals from assessments of benefits in improvement districts in cities and towns, and not thereafter.
Acts 1925, No. 238, §§ 5, 6; A.S.A. 1947, §§ 20-306, 20-307.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 11 - CHANGE OF PLANS IN CITIES WITH A POPULATION EXCEEDING 60,000 (§§ 14-91-1101 — 14-91-1106) › Section 14-91-1106 - Borrowing of money

In order to secure funds for the making and completion of the improvements in the improvement district according to the changed plans, the board of improvement may borrow money not exceeding the full amount of the estimated cost of making and completing the improvements, with ten percent (10%) added for overhead cost, at a rate of interest not exceeding eight percent (8%) per annum, and may issue negotiable notes or bonds of the district for the payment thereof, and pledge all uncollected assessments for the security of the payment of the notes or bonds.
Acts 1925, No. 238, § 7; A.S.A. 1947, § 20-308.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-201 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Last federal census" means the most recent federal census taken prior to the filing of any petition as provided in this subchapter for the formation of any suburban improvement district;
(2)
"Majority in value" means a majority in assessed value as shown by the latest county assessment records for general taxes;
(3)
"Land" or "real property" means all property subject to taxation for the purposes of this subchapter;
(4)
"County court," "county judge," or "county clerk" means "circuit court," "circuit judge," or "circuit clerk" in the cases where the district contains lands in more than one (1) county;
(5)
"Nearby municipalities" means municipalities within ten (10) miles of any boundary of the district.
Acts 1941, No. 41, §§ 1, 4, 5, 23; 1951, No. 115, § 1; 1967, No. 286, §§ 1-3; 1969, No. 230, §§ 1, 2; 1971, No. 263, § 1; 1981, No. 510, § 1; A.S.A. 1947, §§ 20-701, 20-704, 20-705, 20-723.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-202 - Applicability of 1981 amendments

(a)
The provisions of Acts 1981, No. 510, shall not apply to districts in existence on March 16, 1981, and these districts shall continue to be governed by the law in effect immediately prior to that date.
(b)
(1)
Upon the petition of thirty-five percent (35%) of the property owners of a district in existence on March 16, 1981, the district shall be subject to the provisions of §
14-92-209
concerning the election of commissioners to fill vacancies on the commission and concerning the recall of commissioners.
(2)
The petition may also provide for the board of commissioners to be enlarged from three (3) members to five (5) members and may provide for the imposition of a specified term of years on the board positions. If the petition requests a board of commissioners composed of five (5) members, then two (2) additional commissioners shall be elected in the same manner as provided for filling vacancies under §
14-92-209(b)
.
(3)
Commissioners serving at the time the petition is filed shall continue to serve.
(4)
The petition shall be filed with the circuit court of the judicial district in which most of the district is located.
(c)
Subsection (a) of this section shall not apply to any improvement district in any city or incorporated town in this state established for the purpose of providing water or sewer services for municipal purposes.
Acts 1981, No. 510, § 9; A.S.A. 1947, § 20-744; Acts 1993, No. 782, § 1; 2011, No. 1225, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-203 - Penalty

(a)
It shall not be lawful for the board of commissioners of any suburban improvement district or any officer, member, or agent thereof to appropriate or use any money arising from the sale of any bonds authorized to be issued under this subchapter to any use or purpose whatever other than is specified and expressly directed.
(b)
And any officer, member, or agent of the board of a district who shall violate any of the provisions of this subchapter as prescribed in this section shall be deemed guilty of a felony and, upon conviction shall be punished by imprisonment in the penitentiary for not less than one (1) year nor more than five (5) years.
Acts 1941, No. 41, § 20; 1967, No. 286, § 6; A.S.A. 1947, § 20-720.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-207 - Board of commissioners generally

(a)
(1)
(A)
Within thirty (30) days after their appointment, the members of a board of commissioners shall take and file with the county clerk their oath of office, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas and to discharge faithfully their duties as commissioners in the manner provided by law.
(B)
(i)
Any commissioner failing to file his oath within this period shall be deemed to have declined the office.
(ii)
In such instance, the county court shall call a public hearing in the same manner prescribed in §
14-92-204
for the purpose of electing a successor to fill the vacancy under the same procedures described in §
14-92-204
.
(b)
(1)
(A)
The board of commissioners shall organize by electing one (1) of its members chairman, and it shall select a secretary.
(B)
The board may also employ such agents, employees, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary.
(2)
The board shall also select some solvent bank or trust company as the depository of its funds, exacting of the depository a bond in an amount equal to the amount of money likely to come into its hands.
(c)
No member of the board shall be liable for any damages unless it shall be made to appear that he had acted with a corrupt and malicious intent.
Acts 1941, No. 41, §§ 3, 17; 1970 (Ex. Sess.), No. 16, § 1; 1971, No. 360, § 2; 1981, No. 510, § 3; A.S.A. 1947, §§ 20-703, 20-717.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-208 - Interest of commissioners in purchase, acquisition, or donation

(a)
No commissioners, nor the board of commissioners of a suburban improvement district, shall be financially interested, directly or indirectly, in any firm, corporation, or association from which any property, services, materials, or facilities are purchased, acquired, or received by donation for the district, unless it is first submitted to, and approved by, the court having original jurisdiction under which the district was organized; nor shall any commissioners, or the board, enter into any contract with, or accept a donation of property or facilities from, any person with whom they are, directly or indirectly, engaged in business, without court approval as prescribed.
(b)
(1)
The court may not act upon such matters until after twenty (20) days from the date of first publication of the notice.
(2)
(A)
The clerk of the court shall give notice of the hearing by publication once each week for two (2) successive weeks.
(B)
The notice shall be commenced the week following the date upon which application is made to the court.
(c)
In the event any prohibited transaction shall occur or shall have occurred without court approval as prescribed, then, by action commenced in the circuit court in the county in which the larger portion of land within the district is located, any property owner within the district shall have the right, within one (1) year from the date thereof, to require that the purchase, acquisition, or donation be rescinded. Each commissioner participating in the action shall be subject to removal from office as provided in this subchapter.
Acts 1941, No. 41, § 3; 1970 (1st Ex. Sess.), No. 16, § 1; 1971, No. 360, § 2; 1981, No. 510, § 3; A.S.A. 1947, § 20-703.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-210 - Powers of board generally

In addition to, and not by way of limitation of the powers prescribed in §
14-92-220
, the board of commissioners of a suburban improvement district shall have the powers to:
(1)
Make and execute all contracts, leases, conveyances, and other instruments of the district;
(2)
Join with any other political subdivision, municipality, district, or governmental agency, either state or federal, in the acquisition, construction, maintenance, operation, and financing of any of the facilities, works, or operations authorized by this subchapter or as to the performance of any of its functions;
(3)
Establish rules and regulations for the transaction of the district's business and for the services, use, and right to use of its facilities or services, or both, or to effectuate any purpose of this subchapter;
(4)
Do all things incidental or auxiliary to the exercise of the express powers granted by this subchapter; and
(5)
Perform all actions useful to carry out the purposes of this subchapter, unlimited by any express provision of it.
Acts 1941, No. 41, § 3; 1941, No. 41, § 4a, as added by Acts 1971, No. 360, § 1; 1971, No. 360, § 2; 1981, No. 510, § 3; A.S.A. 1947, § 20-704.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-211 - Bond of contractors

(a)
All contractors shall be required to give bond for the faithful performance of the contracts as may be awarded them, with good and sufficient sureties, in an amount to be fixed by the board of commissioners of a suburban improvement district.
(b)
The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches of it.
Acts 1941, No. 41, § 14; A.S.A. 1947, § 20-714.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-212 - Payments generally - Warrants

(a)
The depository shall pay out no money save upon the order of the board of commissioners and upon a warrant signed by the person designated by the commissioners.
(b)
Every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued.
(c)
All warrants shall be dated and shall be numbered consecutively, in a record to be kept by the board of the number and amount of each. No warrant shall be paid unless there are in the treasury funds enough to pay all outstanding warrants bearing a lower number.
(d)
No warrants shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency.
Acts 1941, No. 41, § 13; 1983, No. 524, § 1; A.S.A. 1947, § 20-713.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-213 - Payments to contractor

(a)
It shall be the duty of the board of commissioners of a suburban improvement district to have the amount of work done by any contractor estimated, from time to time, as may be desirable, by the engineer selected by the board.
(b)
The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work is completed according to contract and is free from liens.
Acts 1941, No. 41, § 15; A.S.A. 1947, § 20-715.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-214 - Legal services in organizing

The board of commissioners of a suburban improvement district shall pay a reasonable fee for legal services in organizing the district and for circulating petitions.
Acts 1941, No. 41, § 14; A.S.A. 1947, § 20-714.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-215 - Sale of unnecessary materials

The board of commissioners of a suburban improvement district may sell all unnecessary materials and implements that may be on hand and which may not be necessary for the completion of the improvement under way or which may have been completed.
Acts 1941, No. 41, § 14; A.S.A. 1947, § 20-714.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-216 - Planning by board

(a)
(1)
Immediately after their qualification, the board of commissioners of a suburban improvement district shall consider the offer of any gift of improvements or facilities which has been tendered to the district, if there has been such an offer, and shall carefully examine the conditions as to the acceptance of the gift.
(2)
The board may employ such engineers, attorneys, or other assistants as they find necessary and shall file a copy of all reports as well as the copy of the offer of gift with conditions incidental thereto and a written copy of the action of the commission relative to the acceptance or the rejection of the offer of gift with the county clerk.
(b)
(1)
Likewise, in the event the district has been organized for the purpose of purchasing an improvement or facility or for the purpose of constructing an improvement or facility, the board shall form plans relative to the purchase or the construction of the improvement.
(2)
To that end the board may also employ such engineers, attorneys, and other assistants as they may find necessary and shall file copies of all pertinent reports and actions by the commissioners with the county clerk.
Acts 1941, No. 41, § 5; 1951, No. 115, § 1; 1967, No. 286, § 3; A.S.A. 1947, § 20-705.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-217 - Change of plans

(a)
The board of commissioners of a suburban improvement district may, at any time, alter the plans and specifications.
(b)
(1)
The changed plans, with the accompanying specifications, shall be filed with the county court.
(2)
Notice of the filing shall be given by publication for two (2) weeks in some newspaper issued and having a bona fide circulation in the county.
(c)
(1)
If by reason of the change of plans the board deems that the assessment of benefits has become inequitable, it shall direct the assessor to make a reassessment.
(2)
(A)
If any property owner deems that, by reason of the change of plans, his assessment has become inequitable, he may, within two (2) weeks after the last publication of the notice, petition the board to order a reassessment.
(B)
The decision of the board upon the property owner's petition shall be final, unless an appeal is taken within ten (10) days to the county court.
(d)
In case of reassessment, the reassessment shall be filed, advertised, and equalized as provided for in the original assessment.
Acts 1941, No. 41, § 23; A.S.A. 1947, § 20-723.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-218 - Petition by property owners to extend improvements

(a)
In addition to the changes which may be made in the manner provided in §
14-92-217
, real property owners sufficient to cause a district to be formed may petition the board of commissioners of a suburban improvement district to apply to the county court that the district be authorized to extend any of its empowered improvements into an area in the district for which existing authority does not appear and to assess the cost thereof on benefited property. However, the signatures in the petition shall represent at least sixty-six percent (66%) of the number of owners of realty in the proposed area, the owners of at least sixty-six percent (66%) of the realty in area in the proposed area, and the owners of at least sixty-six percent (66%) of the assessed value of realty in the proposed area as shown in the latest general tax roll.
(b)
The court shall take proceedings for granting such authority in like manner and with like effect as provided in §§
14-92-205
and
14-92-206
, with appropriate changes therefor.
(c)
(1)
The costs of the proposed additional improvements shall be assessed upon the real property benefited thereby, in the manner and with like effect provided in §
14-92-225
et seq., for an original improvement.
(2)
When an existing assessment on any parcel or tract of land is proposed to be enlarged by reason of the changed authority, a reassessment of the parcels so affected shall be had in the manner and with like effect provided in §
14-92-227
.
(d)
(1)
Copies of each notice of hearing before the court or the board required in any proceeding authorized in this section shall be sent by certified mail at least fifteen (15) days and not more than thirty (30) days prior to the hearing, to each owner of real property affected by the proceeding as his name and address appear in the latest county assessment records.
(2)
Similar notice may be given for any other hearing authorized under this chapter.
Acts 1941, No. 41, § 24, as added by Acts 1971, No. 360, § 4; 1981, No. 510, §§ 6, 7; A.S.A. 1947, § 20-724.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-220 - Powers of districts generally

(a)
Any district, in aid to and furtherance of the purposes prescribed in §
14-92-219
, shall have the authority to hire managers and other employees and to pay their salaries incident to the operation and maintenance of any of the improvements and facilities authorized in this subchapter. The district shall also have the authority to acquire and purchase equipment and machinery incident to the operation and maintenance of the facilities and shall be further authorized to do any and all other actions which shall be deemed necessary in order to purchase, construct, accept as a gift, operate, and maintain any and all improvements and facilities authorized in this subchapter.
(b)
Any district shall have the power to sell or lease any improvement owned by it to any adjacent or nearby municipality, to an improvement district therein, to public service corporations serving on behalf of the property owners of the district, or to any other corporation, organization, or person. It may make contracts with the inhabitants of nearby municipalities, or it may operate such improvements for water, gas, recreation, or telephone service and may connect sewers with the sewers of any adjacent municipality or of other districts, or carry its sewers to any proper outlet within or without the district.
(c)
Any district may accept as a gift any or all of the improvements and facilities authorized in this subchapter upon the assumption of the maintenance and operation of such improvements and facilities. It shall have the authority to effect the assessment of benefits and to levy the necessary tax against such assessment of benefits, as prescribed in this subchapter in order to provide the revenue for the costs of maintenance and operation.
Acts 1941, No. 41, § 4; 1953, No. 420, § 2; 1967, No. 286, § 2; 1969, No. 230, § 2; A.S.A. 1947, § 20-704.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-221 - Corporate powers

Each suburban improvement district shall be a body corporate with power to sue and to be sued, and it shall have a corporate seal.
Acts 1941, No. 41, § 3; 1970 (Ex. Sess.), No. 16, § 1; 1971, No. 360, § 2; 1981, No. 510, § 3; A.S.A. 1947, § 20-703.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-222 - Right and power of eminent domain

(a)
(1)
All improvement districts organized under this subchapter shall have the right of eminent domain in order that they may carry out the purposes of their creation.
(2)
This right shall be exercised in the same manner as in the case of railroads, telegraph, and telephone companies but without the necessity of making a deposit of money before entering into possession of the property condemned.
(b)
(1)
Any district shall have the power of eminent domain for the purposes of:
(A)
Condemning any water or sewer utility found within the boundaries of the district which is exempt from the definition of "public utility" as found in §
23-1-101(4)
;
(B)
Securing any lands or rights-of-way needed in making improvements to water or sewer systems owned and operated by that district.
(2)
(A)
The board of the district shall have the power to enter upon any private property for the purposes stated in subdivision (b)(1) of this section. If the person is damaged and the board cannot agree on the sum to be paid for the damages, the person aggrieved may file his petition in the circuit court of the county setting forth his grievance and asking compensation therefor, making the board a party defendant. The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties. The case shall be advanced on the docket so as to have precedence over all other causes. The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term. The notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties, or one of them.
(B)
In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this subsection. Upon the amount required being deposited and certificate thereof filed in the cause, the work may proceed.
Acts 1941, No. 41, § 25; A.S.A. 1947, § 20-725; Acts 1987 (1st Ex. Sess.), No. 37, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-223 - Sale of land

Any land that may be acquired by any improvement district organized under this subchapter may be sold by the board of commissioners for the price and on the terms it deems best.
Acts 1941, No. 41, § 28; A.S.A. 1947, § 20-727.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-224 - Priority of cases

All cases involving the validity of suburban improvement districts or the assessment of benefits and all suits to foreclose the lien for taxes shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and all appeals from them must be taken and perfected within thirty (30) days.
Acts 1941, No. 41, § 21; A.S.A. 1947, § 20-721.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-227 - Reassessment

(a)
The board of commissioners may, not more often than one (1) time each year, require the assessor to reassess the benefits in a suburban improvement district. However, if the district has incurred any indebtedness or issued bonds, the total amount of assessed benefits shall never be diminished.
(b)
(1)
The reassessment shall be filed with the county clerk of the county.
(2)
(A)
(i)
The secretary of the board of commissioners shall give notice of its filing by publication one (1) time each week for two (2) consecutive weeks in a newspaper published and having a general circulation in the county.
(ii)
The form of the notice shall be substantially as follows:
"Notice is hereby given that the reassessment of benefits and damages of District Number ___ has been filed in the office of the county clerk of ___ County, and it is open to inspection. All persons wishing to be heard on the reassessment will be heard by the commissioners and the assessor of the district between the hours of 10 a.m. and 4 p.m., at___, in City of___, Arkansas, on the day of___, 20___. Secretary ___".
(B)
(i)
The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district whose assessment has increased as a result of the assessment.
(ii)
The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days before the date of hearing. The letter notices shall advise each property owner of the benefits or damages assessed against all of his or her property located within the district.
(c)
(1)
On the day named in the notice, the board of commissioners and assessor shall meet together at the place named as a board of equalization and hear all complaints against the reassessment and equalize and adjust the reassessment.
(2)
The determination is final unless suit is brought in court to review it.
Amended by Act 2015, No. 1116,§ 1, eff. 7/22/2015.
Acts 1941, No. 41, § 7; A.S.A. 1947, § 20-707.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-228 - Levy of tax

(a)
(1)
The board of commissioners of a suburban improvement district shall, at the same time that the assessment of benefits is equalized or at any time thereafter, enter upon its records an order, which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies.
(2)
The tax is to be paid by the real property in the district in proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, not to exceed ten percent (10%) for any one (1) year, as provided in the order.
(b)
The tax so levied shall be a lien upon all the real property in the district from the time it is levied and shall be entitled to preference over all demands, executions, encumbrances, or liens, whensoever created, and shall continue until the assessment, with any penalty costs that may accrue thereon, shall have been paid.
(c)
(1)
The remedy against the levy of taxes shall be by suit in chancery.
(2)
The suit must be brought within thirty (30) days from the time of notice that the levy was made, and on the appeal, the presumption shall be in favor of the legality of the tax.
(d)
(1)
The commissioners shall, promptly after entry of an order levying the tax, publish once a week for two (2) consecutive weeks in some newspaper having general circulation in the district, a notice setting forth the order of levy and warning all persons affected by it that it shall become final unless suit is brought to contest it within thirty (30) days of the date of first publication of the notice.
(2)
No property owner shall be barred from contest of the levy within the thirty-day publication period.
Acts 1941, No. 41, § 8; 1961, No. 154, § 1; 1970 (Ex. Sess.), No. 16, § 2; A.S.A. 1947, § 20-708; Acts 1989, No. 548, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-229 - Interest on assessments

The assessment of the benefits shall bear interest at a rate or rates from the time it is equalized, not to exceed that required to service the bonds, or at the maximum interest rate allowed by law if no bonds issue. However, the interest need not be calculated until it is necessary to do so to avoid exceeding the total amount of benefits and interest, or the interest may be first collected.
Acts 1941, No. 41, § 9; 1971, No. 360, § 3; 1981, No. 474, § 1; A.S.A. 1947, § 20-709.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-230 - Extension and collection of taxes

(a)
(1)
When the board of commissioners in a suburban improvement district shall make the levy of taxes, it shall be the duty of the assessor to extend the amount levied and set it opposite each benefit assessed in a column marked "Annual Collection".
(2)
(A)
It shall be the duty of the county clerk of the county to extend the taxes annually upon the tax books of the county until the levy is exhausted.
(B)
For his or her services, the clerk shall receive a commission of one and one-half percent (1.5%) of the amount so extended.
(b)
(1)
(A)
(i)
It shall then be the duty of the tax collector of the county to collect each year the taxes extended upon the books along with the other taxes until the entire levy is exhausted.
(ii)
For his or her services in making the collections, including prepayments, the collector shall receive a commission of one and one-half percent (1.5%). In the case of prepayments, the maximum commission shall be the lesser of one and one-half percent (1.5%) or fifty dollars ($50.00).
(B)
The taxes shall be paid over by the collector to the depository of the district at the same time he or she pays over the county funds.
(2)
In counties operating under the unit tax ledger system, the collector shall receive a commission of one and one-half percent (1.5%) for extending the taxes and a commission of an additional one and one-half percent (1.5%) for collecting the taxes.
(c)
(1)
County clerks and tax collectors are authorized to employ additional deputies to do the increased work imposed by the terms of this subchapter.
(2)
They may pay the deputies' salaries up to the sum of three thousand three hundred dollars ($3,300) per annum. However, the salaries shall never exceed the receipts from the commissions allowed by this subchapter.
(d)
A property owner shall be required to pay applicable suburban improvement taxes provided in this subchapter as a prerequisite to paying his or her ad valorem real property taxes.
Acts 1941, No. 41, § 10; 1951, No. 233, § 1; 1957, No. 331, § 1; A.S.A. 1947, § 20-710; Acts 1991, No. 281, § 1; 2001, No. 1816, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-231 - Subsequent levies

(a)
If the tax first levied shall prove insufficient to pay the bonds, both the principal and interest issued by the board of commissioners on account of an improvement, as provided in this subchapter, as it shall become due and payable, they shall, from time to time, make such further levies upon the property previously assessed for sums sufficient to complete the improvement and to pay such bonds and interest, which shall be extended and collected in the same manner as the first levy. However, the total levy shall in no case exceed the value of the benefits assessed on the property with interest.
(b)
The performance of such duties may be enforced by mandamus at the instance of any person or board interested.
Acts 1941, No. 41, § 11; A.S.A. 1947, § 20-711.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-232 - Payment of taxes - Enforcement

(a)
All taxes levied under the terms of this subchapter shall be payable at the same time as ad valorem real property taxes.
(b)
Delinquent suburban improvement district assessments shall be held by the county collector, and, if not redeemed, the assessments shall be certified to the Commissioner of State Lands for redemption or sale, pursuant to Act 626 of 1983, as amended.
(c)
A suburban improvement district may enforce collection of delinquent suburban improvement district assessments by chancery proceedings in the chancery court of the county in the manner as provided for municipal property owners' improvement districts under §
14-94-122
.
Acts 1941, No. 41, § 12; 1977, No. 463, § 1; A.S.A. 1947, § 20-712; Acts 1991, No. 281, § 2; 1993, No. 782, § 2.