reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-102 - Legislative declarations

It is declared that:
(1)
Many rural areas of Arkansas suffer from chronic unemployment and underemployment, lack of economic development, and patterns of land use which contribute to soil erosion, undue depletion of soil fertility resulting in inadequate income to support the farm family, and inadequate control of surface waters for flood prevention or drainage and for the maximum conservation and multiple utilization of water resources;
(2)
Adequate healthcare facilities are essential to the economic development of rural areas of the state;
(3)
Economic development of rural areas of Arkansas is a public use and purpose for which public money may be spent and private property acquired and is a governmental function of state concern;
(4)
It is a proper public purpose for any state public body to aid, as provided in this chapter, any rural development authority operating within its boundaries or jurisdiction, or any rural development project located in it, as the state public body derives immediate benefits and advantages from such an authority or project;
(5)
It is in the public interest that such rural development projects be commenced as soon as possible in order to alleviate these conditions of chronic unemployment, underemployment, and economic underdevelopment of rural areas which constitute an emergency; and
(6)
The necessity in the public interest for the provisions enacted in this chapter is declared as a matter of legislative determination.
Amended by Act 2019, No. 830,§ 1, eff. 4/9/2019.
Acts 1963, No. 172, § 2; A.S.A. 1947, § 20-1402.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-104 - Creation of authorities

(a)
(1)
In each county of the state there is created a public body corporate and politic to be known as the rural development authority.
(2)
The authority shall not transact any business or exercise its powers under this chapter until or unless the county court, by proper resolution, shall declare, at any time, its need for a development authority to function in the county.
(b)
(1)
(A)
The determination as to whether there is a need for an authority to function may be made by:
(i)
The county court on its own motion; or
(ii)
The county court upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in the county and requesting that the court so declare.
(B)
(i)
In either event, the court shall hold a public hearing on the matter as set forth in this section.
(ii)
Prior to any hearing held to determine if there is need for an authority to function in the county, the clerk shall cause notice of the hearing to be published for at least two (2) successive weeks in a newspaper of general circulation in the county, setting forth the time and place of the hearing.
(iii)
Not more than two (2) weeks after the last publication of the notice, the court shall hold a public hearing on it and adopt a resolution which shall state if there is a need for a development authority in the county and define the area of operation, which may be enlarged or reduced by a majority of the commissioners, appointed pursuant to this chapter, at any subsequent meeting.
(iv)
The court may adopt a resolution declaring that there is a need for development authority in the county if it shall find that:
(a)
Chronic unemployment or chronic underemployment exists in the area; or
(b)
The economic development of the area is inadequate when compared with the economic development of other parts of rural America.
(2)
The determination as to whether there is need for a development authority to function shall be made upon the petition of a majority in number of the owners of title to real property and the owners of a majority in value of the real property in any proposed development area, as shown by the last assessment, which petition shall define the boundaries of the proposed area of development and request the creation of a rural development authority for the area.
(c)
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any resolution, regulation, or contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this chapter upon proof of its compliance with this section.
Acts 1963, No. 172, §§ 4, 5; A.S.A. 1947, §§ 20-1404, 20-1405.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-105 - Appointment of commissioners, etc

(a)
(1)
When the county court adopts a resolution as prescribed in §
14-188-104
, the court shall appoint five (5) persons as commissioners of the rural development authority created for the county.
(2)
(A)
The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. Thereafter, commissioners shall be appointed as indicated for a term of office of five (5) years, except that all vacancies shall be filled for the unexpired terms.
(B)
(i)
A certificate of the appointment or reappointment of any commissioner shall be filed with the county clerk.
(ii)
The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.
(3)
The county court of the county shall designate one (1) of the commissioners who shall be the first chairman.
(b)
(1)
Immediately after appointment, the authority shall hold its first meeting, presided over by the first chairman, and elect a vice chairman from among its commissioners.
(2)
(A)
The authority shall employ a secretary who shall be executive director, technical experts, and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, and compensation.
(B)
For such legal services as it may require, an authority may call upon the chief law officer of the county, or it may employ its own counsel.
(3)
An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.
(c)
(1)
The powers of each authority shall be vested in its commissioners in office from time to time.
(2)
(A)
Three (3) commissioners shall constitute a quorum of the authority for the purposes of conducting its business and exercising its powers and for all other purposes.
(B)
Action may be taken by the authority upon a vote of a majority of the commissioners present, except as provided in this chapter and except as otherwise provided in the rules and regulations of the authority.
(3)
Minutes of all authority meetings are to be kept by the secretary and shall be made available to the county court of the county at any time.
(4)
A commissioner shall receive no compensation for his services, but he shall be entitled to necessary expenses including travel expenses incurred in the discharge of his duties.
Acts 1963, No. 172, §§ 6-8; A.S.A. 1947, §§ 20-1406 -- 20-1408.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-106 - Rules and regulations

(a)
At the first meeting, a rural development authority shall adopt rules and regulations which are to be filed with the county clerk.
(b)
Amendments to the rules and regulations may be made at any time and shall be filed with the clerk.
Acts 1963, No. 172, § 8; A.S.A. 1947, § 20-1408.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-107 - Interest of commissioners or employees prohibited

(a)
(1)
No commissioner or employee of a rural development authority shall directly or indirectly acquire any interest in any development project or in any property included, or planned to be included, in any project.
(2)
Nor shall a commissioner or employee have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished for use in connection with any project.
(b)
(1)
If any commissioner or employee of an authority owns or controls a direct or indirect interest in property included, or planned to be included, in any project, he immediately shall disclose it in writing to the authority. This disclosure shall be entered upon the minutes of the authority.
(2)
Failure to disclose his interest shall constitute misconduct in office.
Acts 1963, No. 172, § 9; A.S.A. 1947, § 20-1409.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-108 - Removal of commissioner

(a)
(1)
For insufficiency or neglect of duty or misconduct in office, a commissioner of a rural development authority may be removed by the county court.
(2)
A commissioner shall be removed only after he shall have been given a copy of the charges at least ten (10) days prior to the hearing on them and had an opportunity to be heard in person or by counsel.
(b)
In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings on them, shall be filed in the office of the clerk.
Acts 1963, No. 172, § 10; A.S.A. 1947, § 20-1410.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-110 - Issuance of bonds and other evidence of indebtedness

(a)
(1)
(A)
A rural development authority shall have power to issue bonds or other evidence of indebtedness from time to time, in its discretion, for any of its corporate purposes.
(B)
Any authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it.
(2)
(A)
An authority may issue these types of bonds as it may deem necessary, including bonds on which the principal and interest are payable:
(i)
Exclusively from the income and revenues of the development project financed with the proceeds of the bonds, or with these proceeds together with a grant from the federal government in aid of the project;
(ii)
Exclusively from the income and revenues of certain designated development projects, whether or not they were financed, in whole or in part, with the proceeds of the bonds; or
(iii)
From its revenues generally.
(B)
Any of the bonds may be additionally secured by a pledge of any revenues or a mortgage of any development project or other property of the authority.
(b)
(1)
Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance of them.
(2)
(A)
The bonds and other evidence of indebtedness of an authority shall not be a debt of the city, county, the state, or any political subdivision thereof, and neither the city, the county, nor the state, nor any political subdivision thereof, shall be liable on them nor in any event shall such bonds or evidence of the indebtedness be payable out of any funds or properties other than those of the authority.
(B)
The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
Acts 1963, No. 172, § 13; A.S.A. 1947, § 20-1413.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-112 - Form and sale of bonds, etc

(a)
(1)
Bonds or other evidence of indebtedness of a rural development authority shall be authorized by a resolution upon a vote of at least three (3) commissioners.
(2)
As the resolution, its trust indenture, or mortgage may provide, the bonds:
(A)
May be issued in one (1) or more series; and
(B)
Shall:
(i)
Bear such date or dates;
(ii)
Mature at such time or times;
(iii)
Bear interest at such rate or rates;
(iv)
Be in such denomination or denominations;
(v)
Be in such form, either coupon or registered;
(vi)
Carry such conversion or registration privileges;
(vii)
Have such rank or priority;
(viii)
Be executed in such manner;
(ix)
Be payable in such medium of payment, at such place or places; and
(x)
Be subject to such terms of redemption, with or without premium.
(3)
(A)
The bonds may be sold under such terms or conditions as the authority may require.
(B)
Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
(b)
In case any of the commissioners or officers of the authority whose signatures appear on any bonds shall cease to be commissioners or officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the commissioners or officers had remained in office until the delivery.
(c)
In any suit, action, or proceedings involving the validity or enforceability of any bond of an authority, or the security for it, any such bond reciting in substance that it has been issued by the authority to aid in financing a rural development project shall be conclusively deemed to have been issued for a development project of such character and the project shall be conclusively deemed to have been planned, located, and constructed in accordance with the purposes and provisions of this chapter.
Acts 1963, No. 172, § 14; 1981, No. 425, § 23; A.S.A. 1947, § 20-1414.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-113 - Validation of indebtedness

All outstanding loans and their evidences of indebtedness obtained and processed under the provisions of this chapter are validated, ratified, and confirmed. These evidences of debt are, respectively, found and declared to be valid and subsisting obligations of the makers in accordance with the terms of them.
Acts 1967, No. 75, § 4; A.S.A. 1947, § 20-1424.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-114 - Remedies of obligees

An obligee of a rural development authority shall have the right, in addition to all other rights which may be conferred upon the obligee, subject only to any contractual restrictions binding upon the obligee, by:
(1)
Mandamus, suit, action, or proceeding, at law or in equity, to compel the authority, and the commissioners, officers, agents, or employees of it, to perform each and every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee, and to require the carrying out of any or all such covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this chapter; or
(2)
Suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of the obligee of the authority.
Acts 1963, No. 172, § 16; A.S.A. 1947, § 20-1416.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-115 - Additional remedies conferrable on obligees

A rural development authority shall have power, by its resolution, trust indenture, mortgage, lease, or other contract, to confer upon any obligee holding or representing a specified amount in bonds or other evidence of indebtedness the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in the resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction, to:
(1)
Cause possession of any development project, or any part of it, to be surrendered to any obligee;
(2)
Obtain the appointment of a receiver of any development project of the authority, or any part of it, and of the rents and profits from it. If a receiver is appointed, he may enter and take possession of the project, or any part of it, and operate and maintain it, collect and receive all fees, rents, revenues, or other charges thereafter arising from it, and shall keep the moneys in a separate account and apply them in accordance with the obligations of the authority, as the court shall direct; and
(3)
Require the authority and the commissioners of it to account as if it and they were the trustees of an express trust.
Acts 1963, No. 172, § 17; A.S.A. 1947, § 20-1417.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-116 - Exemption from lien and execution sale

(a)
All real property of a rural development authority shall be exempt from levy and sale by virtue of an execution. No execution or other judicial process shall issue against it, nor shall any judgment against an authority be a charge or lien upon its real property.
(b)
The provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of any authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees, or revenues.
Acts 1963, No. 172, § 18; A.S.A. 1947, § 20-1418.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-117 - Exemption from taxes or assessments

(a)
(1)
The property of a rural development authority is declared to be public property used for essential and exclusively public and governmental purposes and not for profit.
(2)
The property and income from notes and bonds issued by an authority shall be exempt from all taxes, including state income taxes, and special assessments of the state or any state public body.
(b)
(1)
In lieu of taxes or special assessments, an authority may agree to make payments to a state public body for improvements, services, and facilities furnished by the state public body for the benefit of a development project.
(2)
In no event shall these payments exceed the estimated cost to the state public body of the improvements, services, or facilities to be furnished.
Acts 1963, No. 172, § 22; A.S.A. 1947, § 20-1422.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-118 - Security for deposits

(a)
A rural development authority shall provide by resolution that all moneys deposited by it shall be secured by:
(1)
Obligations of the United States or of the state of a market value equal at all times to the amount of the deposits;
(2)
Any securities in which savings banks may legally invest funds within their control;
(3)
An undertaking with such sureties as shall be approved by the authority faithfully to keep and pay over upon the order of the authority any such deposits and agreed interest on them; or
(4)
Other obligations allowed by law.
(b)
All banks and trust companies are authorized to give any such security for such deposits.
Amended by Act 2019, No. 830,§ 5, eff. 4/9/2019.
Acts 1963, No. 172, § 21; A.S.A. 1947, § 20-1421.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-119 - Cooperation by authorities

Any two (2) or more rural development authorities, created by or pursuant to the provisions of this chapter, may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all their powers for the purpose of financing, including the issuance of bonds, notes, or other evidence of indebtedness and giving security for them, planning, undertaking, constructing, operating, or contracting with respect to development projects located within the area of operation of any one (1) or more of the authorities.
Acts 1963, No. 172, § 12; A.S.A. 1947, § 20-1412.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-120 - Aid and cooperation by state public bodies

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of rural development projects, including development projects of the federal government, located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine, may:
(1)
Dedicate, sell, convey, or lease any of its property to a rural development authority;
(2)
Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works, which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with development projects;
(3)
Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake;
(4)
Enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with a development authority or the federal government respecting action to be taken by the state public body pursuant to any of the powers granted by this chapter; and
(5)
Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of such projects.
Acts 1963, No. 172, § 23; A.S.A. 1947, § 20-1423.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-121 - Federal aid and assistance

(a)
In addition to the powers conferred upon a rural development authority by other provisions of this chapter, an authority is empowered to borrow money or accept grants or other financial assistance from the federal government for, or in aid of, any development project within its area of operation. To these ends, an authority may comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable.
(b)
It is the purpose and intent of this section to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any development project and in any other activity or undertaking of the authority.
Acts 1963, No. 172, § 19; A.S.A. 1947, § 20-1419.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 11 - ECONOMIC DEVELOPMENT IMPROVEMENT DISTRICTS, FACILITIES, AND AUTHORITIES (§§ 14-184-101 — 14-188-122) › Chapter 188 - RURAL DEVELOPMENT AUTHORITIES (§§ 14-188-101 — 14-188-122) › Section 14-188-122 - Agreements with federal government

(a)
In any contract or amendatory or superseding contract for a loan entered into between any rural development authority and the federal government, or any of its agencies, with respect to any development project undertaken by the authority, any authority is authorized to make such covenants, including covenants with holders of obligations of the authority issued for purposes of the project involved, and to confer upon the federal government, or any of its agencies, such rights and remedies as the authority deems necessary to assure the fulfillment of the purposes for which the project was undertaken.
(b)
In any such contract, notwithstanding any other provisions of law, the authority may agree to sell and convey the project, including all lands appertaining to it to which the contract relates, to the federal government, or any agency of it, upon the occurrence of such conditions as may be prescribed in the contract, and at a price, which may include the assumption by the federal government, or any agency of it, of the payment, when due, of the principal of, and interest on, outstanding obligations of the authority issued for purposes of the project involved, determined as prescribed in it and upon such other terms and conditions as are provided in it.
(c)
Any authority is authorized to enter into such supplementary contracts and to execute such conveyances as may be necessary to carry out the provisions of this section.
Acts 1963, No. 172, § 20; A.S.A. 1947, § 20-1420.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-105) › Section 14-199-102 - Compensation of school district in lieu of taxes

(a)
(1)
Upon approval of the governing body of a municipality, a utility owned by the municipality may compensate annually a public school district in which the utility is wholly or partly located in an amount not to exceed the amount the utility would pay in taxes if it were subject to taxation.
(2)
The amount shall be based on a percentage not in excess of twenty percent (20%) of the value of all properties of the utility located in the public school district computed at the millage rate currently in effect in that district. The valuation may be determined by a certified public accountant who is personally familiar with the assets of the utility.
(3)
The purpose of this subsection is to permit, but not to require, municipally owned utilities to compensate public school districts for loss of taxes resulting from the utilities' tax-exempt status.
(b)
(1)
The council of any city of the first class, city of the second class, or incorporated town in this state owning an electric utility system and deriving revenues from it may agree to and make payments in lieu of taxes to any school district, all or a portion of which is within the city limits of the municipality, when some or all of the property of the electric utility system of the municipality is within the boundaries of the school district.
(2)
The amount of the payment in lieu of taxes to be made to the school district shall be such amount as the council of the municipality shall determine, not to exceed the amount that would be due the school district in taxes if the property of the electric utility system of the municipality located within the boundaries of the school district was privately owned and subject to taxation by the school district.
(3)
Payments in lieu of taxes shall be made only from surplus electric revenues.
(4)
"Surplus electric revenues," as used in this subsection, means electric revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, and indentures securing bonds theretofore issued or securing bonds thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the electric utility system have been fully met and complied with.
Acts 1959, No. 126, §§ 1, 2; 1967, No. 318, § 1; A.S.A. 1947, §§ 19-3929, 19-3930, 19-3933.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-105) › Section 14-199-103 - Vacation of public utility easements

(a)
Cities of first and second class and incorporated towns are given power and authority to vacate public utility easements or segments thereof, within such cities and towns under the conditions and in the manner provided for the vacation of streets and alleys by §§
14-301-301
-
14-301-306
.
(b)
A petition requesting the vacation of a public utility easement, signed by the property owners through whose property the easement extends shall be filed with the municipal legislative body and dealt with in the manner provided for by law.
(c)
Upon the adoption of an ordinance vacating a public utility easement, or a segment thereof, the ownership of the lot, block, or parcel of real property through which the easement extends shall cease to be burdened with the easement.
(d)
Nothing in this section shall be construed as empowering first-class and second-class cities and incorporated towns to vacate utility easements still in use or to vacate utility easements owned by utilities without just compensation therefor.
(e)
This section shall be cumulative to §§
14-301-301
-
14-301-306
.
Acts 1979, No. 728, §§ 1-5; A.S.A. 1947, §§ 19-3939 -- 19-3943.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-105) › Section 14-199-104 - Insurance and retirement plans

(a)
In any city of the first class owning and operating municipal light and power systems, the boards of commissioners or other controlling or managing bodies in control of such systems are authorized to provide plans of social security, group insurance, hospitalization insurance, old age pension and retirement pay benefits, or any of these benefits, for any or all employees of municipal light and power systems under such plan or plans as the boards of commissioners deem most desirable.
(b)
The plans for any or all benefits may include payments from both the boards of commissioners and the employees, or either of them, and may be underwritten by some solvent insurance company or by a fund set up and maintained by the boards of commissioners from the funds of the light and power systems, except such funds as are set aside for specific purposes, the employees, or both or either of them.
(c)
The plans, when perfected, shall supersede all other plans provided by law.
Acts 1949, No. 72, §§ 1, 2; A.S.A. 1947, §§ 19-3927, 19-3928.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-105) › Section 14-199-105 - Release of information to court-appointed process server

(a)
Upon verbal request of a court-appointed process server, a public utility under this subtitle shall release the last known address of a current or former customer to the process server to effect service of process of legal documents on the customer or former customer.
(b)
The public utility may request that the process server produce written documentation of his or her court appointment at the time the verbal request is made under this section.
Added by Act 2015, No. 878,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 2 - PROFITS OF ELECTRIC OR WATER SYSTEM (§§ 14-199-201 — 14-199-205) › Section 14-199-201 - Applicability to commission form of government

No part of this subchapter shall apply to a municipal plant operated solely by city commissioners without a majority vote of the commissioners.
Acts 1937, No. 267, § 5; A.S.A. 1947, § 19-3905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 2 - PROFITS OF ELECTRIC OR WATER SYSTEM (§§ 14-199-201 — 14-199-205) › Section 14-199-202 - Authorized use

Any municipality owning an electric power plant or a water system, where the plant or system has no bonded indebtedness, is authorized to use the profit derived from the operation of the plant or system toward the payment of the outstanding bonded indebtedness of all sewer or street improvement districts within the limits of the municipality, as provided in this subchapter.
Acts 1937, No. 267, § 1; Pope's Dig., § 10042; A.S.A. 1947, § 19-3901.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 2 - PROFITS OF ELECTRIC OR WATER SYSTEM (§§ 14-199-201 — 14-199-205) › Section 14-199-203 - Ordinance requirement

The profits from the operation of any electric power plant or water system within any municipality shall not be used toward the retirement of the bonded indebtedness of any sewer or street improvement district within such city until the use of the profit for that purpose has first been authorized by an ordinance regularly adopted by the council of the municipality.
Acts 1937, No. 267, § 2; Pope's Dig., § 10043; A.S.A. 1947, § 19-3902.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 2 - PROFITS OF ELECTRIC OR WATER SYSTEM (§§ 14-199-201 — 14-199-205) › Section 14-199-204 - Apportionment ratio

At the end of each fiscal year of the operation of the municipally owned electric plant or water system, the profit from the operation of the plant or system shall be determined. If the council or city commission of the municipality shall determine that the profit or a part thereof shall be used toward the retirement of the bonded indebtedness of all the sewer or street improvement districts within the limits of such municipality, then the council, by ordinance as provided in §
14-199-203
, shall allocate the amount to the various improvement districts within the limits of the municipality according to the following ratio: The total amount of bond and interest maturities of all sewer or street improvement districts within such municipality coming due during the particular fiscal year for which the profit of the plant and system was determined, shall be determined, and the ratio which the total bond and interest maturities of any sewer or street improvement district for such fiscal year bears to the total bond and interest maturities of all the sewer or street improvement districts for the fiscal year shall be the percentage used to allocate to each sewer or street improvement district, its proportion of the profit to be used for the retirement of the bonded indebtedness of any such district.
Acts 1937, No. 267, § 3; Pope's Dig., § 10044; A.S.A. 1947, § 19-3903.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 2 - PROFITS OF ELECTRIC OR WATER SYSTEM (§§ 14-199-201 — 14-199-205) › Section 14-199-205 - Payment of allocated funds

The amounts allocated to the various sewer or street improvement districts within the limits of a municipality shall be paid to the districts when the commissioners of the district shall request that the amount be paid in order that the amount may be used to pay the bond and interest maturities of the districts which are about to come due.
Acts 1937, No. 267, § 4; Pope's Dig., § 10045; A.S.A. 1947, § 19-3904.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 3 - LEASE OR SALE (§§ 14-199-301 — 14-199-306) › Section 14-199-301 - Lease or contract

(a)
The council of any municipal corporation operating a system of waterworks or sewer or gas or electric plants belonging to and owned by any town or city may lease, or may contract for the operation of, the system of waterworks or sewer or gas or electric plants for such period of time and upon such terms and conditions as the council may deem for the best interest of the town or city.
(b)
The lessees, or parties with which the town or city has contracted, shall be required to maintain, keep in repair, and return the plant to the town or city in as good condition as when received, ordinary wear and tear excepted, but the maintenance contemplated shall permit more modern or suitable machinery or equipment, equally as efficient to perform the service required, to be installed in place of machinery or equipment then in use.
(c)
No lease shall be made, and no contract for the operation of any such system shall be entered into, except with persons, firms, or corporations, both for profit and nonprofit, holding a franchise to operate a system of waterworks or sewer or gas or electric plants in the city or town in which the plant or system to be leased or operated is situated.
(d)
No plant shall be taken over for operation under the provisions of this subchapter unless and until the lessee, or the party with which the town or city contracts, has filed with the town or city an approved bond, in such sum as the council may require, for the faithful fulfillment of the terms of the lease or contract.
Acts 1923, No. 322, § 1; Pope's Dig., § 7390; A.S.A. 1947, § 19-3906; Acts 1995, No. 764, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 3 - LEASE OR SALE (§§ 14-199-301 — 14-199-306) › Section 14-199-302 - Sale

(a)
The council of any municipal corporation owning a system of waterworks or gas or electric plants may sell the system or either of them, together with the right to operate them when they shall determine by resolution adopted by a majority vote of the council that it would be for the best interest of the town or city that the sale be consummated.
(b)
(1)
Before any sale shall be consummated, a petition shall be filed with the council within one (1) year after the adoption of the resolution, signed by a majority in value as shown by the last county assessment of the owners of real property within the town or city proposing to make the sale, asking that the sale be made and stating the minimum price at which the sale shall be made, which shall in no event be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the plant or system.
(2)
Upon the filing of this petition, the council of the city or town shall give notice by publication once a week for two (2) weeks in a newspaper published in the county in which the city or town may lie, advising the owners of real property within the city or town that on a day therein named the council of the city or town will hear the petition and determine whether those signing it constitute a majority in value of the owners of real property.
(3)
At the meeting named in the notice, the owners of real property within the city or town shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value. The finding of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the city or town lies.
(4)
In determining whether those signing the petition constitute a majority in value of the owners of the real property within the city or town, the council and the chancery court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.
Acts 1923, No. 322, § 2; Pope's Dig., § 7391; A.S.A. 1947, § 19-3907.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 3 - LEASE OR SALE (§§ 14-199-301 — 14-199-306) › Section 14-199-303 - Payment - Bond

(a)
Where the sale price is an amount greater than the outstanding secured indebtedness of the district, at least the excess over the amount of the secured indebtedness shall be paid in cash.
(b)
(1)
All deferred payments, if any, shall be secured by a bond for one and one-half (11/2) times the total amount of the deferred payments. This bond shall be for the maintenance of the plant or system during the time of any outstanding secured indebtedness and for the prompt payment of any interest or principal on any secured indebtedness as and when the interest or principal shall fall due.
(2)
The bond shall be further conditioned that the purchaser will maintain insurance upon the plant for an amount to be agreed upon, with a "loss payable" clause for the benefit of the town or city making the sale as its interest may appear.
(3)
The bond shall be approved by the town or city council.
(4)
The bond provided for in this section and §
14-199-301
shall be made by a corporate surety company authorized to do business in the State of Arkansas.
Acts 1923, No. 322, § 3; Pope's Dig., § 7392; A.S.A. 1947, § 19-3908.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 3 - LEASE OR SALE (§§ 14-199-301 — 14-199-306) › Section 14-199-304 - Deed of conveyance - Satisfaction of lien

(a)
The transfer of property under this subchapter shall be evidenced by a deed of conveyance in the usual form and with the usual covenants or warranty; but 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 any interest or indebtedness falls due, to declare all of the unpaid sale price due and payable and to proceed to a foreclosure. The deed of conveyance shall be executed on behalf of a town or city by the mayor and the recorder or clerk.
(b)
A receipt duly executed by the treasurer of a town or city shall release the purchaser from further liability for the payment of the amount recited in the receipt.
(c)
Upon the payment of all indebtedness for which a lien may be retained in the deed of conveyance, the mayor and recorder or clerk of a town or city are authorized and directed to satisfy the lien by a deed or release, or by marginal entry upon the deed records where the lien may be recorded.
Acts 1923, No. 322, § 4; Pope's Dig., § 7393; A.S.A. 1947, § 19-3909.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 3 - LEASE OR SALE (§§ 14-199-301 — 14-199-306) › Section 14-199-305 - Use of down payment

The proceeds of any initial cash payment from the sale of any system of waterworks or gas or electric plants of any town or city shall be applied first to the payment of all unsecured debts owing by the town or city on account of the plant or system. Any remainder shall be turned over to the treasurer of the town or city.
Acts 1923, No. 322, § 5; 1927, No. 349, § 1; Pope's Dig., §§ 7394, 10046; A.S.A. 1947, § 19-3910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 3 - LEASE OR SALE (§§ 14-199-301 — 14-199-306) › Section 14-199-306 - First opportunity to purchase - Notice

(a)
Any privately owned utility whose main facilities and service area is wholly located within no more than two (2) counties and which serves primarily rural residential customers shall not be transferred or sold to another privately owned legal entity without first the county, or a political subdivision of the county established by the utility's customers solely for the purpose of acquiring the utility, being given the first opportunity to purchase the utility together with the right to meet any other bona fide offers.
(b)
Prior to any offering, the utility shall attach a notice to each customer's bill that the utility will be offered for sale on a specified future date not less than ninety (90) days after the date of the first notice.
Acts 1987, No. 347, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 4 - JOINT MANAGEMENT (§§ 14-199-401 — 14-199-404) › Section 14-199-401 - Joint management authorized

All cities of the first class whose population exceeds seven thousand (7,000) according to the official federal census now owning both a light plant and a water plant which are operated by separate boards or commissions, the light plants having been constructed pursuant to Arkansas Constitution, Amendment 13 [repealed], and the water plants having been constructed by an improvement district embracing the city as a whole, are authorized and empowered to adopt a municipal ordinance providing for the consolidation of the boards or commissions, and for the joint management of the water and light plants by the consolidated boards or commissions.
Acts 1947, No. 106, § 1; A.S.A. 1947, § 19-3911.