reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-109 - Bonds - Mortgage lien

(a)
Subject to the subsequent provisions of this section, there shall exist a statutory mortgage lien upon the land, buildings, and facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of revenue bonds issued under this subchapter, which shall exist in favor of the holders of the bonds and in favor of the holders of the coupons attached to the bonds, and the land, buildings, and facilities shall remain subject to the statutory mortgage lien until payment in full of the principal of, and interest on, the revenue bonds.
(b)
Anything in this subchapter to the contrary notwithstanding, the ordinance or indenture referred to in §
14-269-106
may impose a forecloseable mortgage lien upon the land, buildings, and facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of revenue bonds issued under this subchapter, and the nature and extent of the mortgage lien may be controlled by the ordinance or indenture including, without limitation, provisions pertaining to the release of all or part of the land, buildings, and facilities from the mortgage lien and the priority of the mortgage lien in the event of successive bond issues as authorized by §
14-269-106
.
(c)
Subject to such terms, conditions, and restrictions as may be contained in the ordinance or indenture authorizing or securing the bonds, any holder of bonds issued under the provisions of this subchapter, or of any coupons attached thereto, may, either at law or in equity, enforce the mortgage lien and may, by proper suit, compel the performance of the duties of the officials of the issuing municipality as set forth in this subchapter, and in any ordinance or indenture authorizing or securing the bonds.
Acts 1965, No. 486, § 6; A.S.A. 1947, § 19-3636.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-110 - Bonds - Default in payment

(a)
In the event of a default in the payment of the principal of, or interest on, any revenue bonds issued under this subchapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of revenue bonds issued under this subchapter, upon which land, buildings, or facilities, or any part thereof, there is a mortgage lien securing the revenue bonds with reference to which there is a default in the payment of principal or interest.
(b)
The receiver shall have the power to operate and maintain the land, buildings, or facilities; to charge and collect rates or rents sufficient to provide for the payment of the principal of and interest on the bonds after providing for the payment of all costs of receivership and operating expenses of the land, buildings, or facilities; and to apply the income and revenues derived from the land, buildings, or facilities in conformity with this subchapter and the ordinance or indenture authorizing or securing the bonds.
(c)
When the default has been cured, the receivership shall be ended and the properties returned to the municipality.
(d)
The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the ordinance or indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from, and the mortgage lien on, the land, buildings, or facilities as specified in, and fixed by, the ordinance or indenture authorizing or securing successive bond issues.
Acts 1965, No. 486, § 7; A.S.A. 1947, § 19-3637.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-111 - Bonds - Tax exemption

Bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes, including income and inheritance taxes.
Acts 1965, No. 486, § 8; A.S.A. 1947, § 19-3638.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-112 - Bonds - Investment of public funds

(a)
Any municipality; any board, commission, or other authority duly established by ordinance of any municipality; the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality; or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds not immediately needed for its purposes in revenue bonds issued under the provisions of this subchapter.
(b)
Revenue bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.
Acts 1965, No. 486, § 9; A.S.A. 1947, § 19-3639.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 2 - OPERATION AND MANAGEMENT OF PARKS (§§ 14-269-201 — 14-269-206) › Section 14-269-201 - Authority for creation of commission in cities of the first and second class

Any city of the first or second class that may desire to set up a recreational park or parks for the municipality may, by appropriate action of the city council, create a commission or commissions, if desired, for the purpose of operating and managing the park within the municipality.
Acts 1947, No. 348, § 1; 1951, No. 240, § 1; A.S.A. 1947, § 19-3606.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 2 - OPERATION AND MANAGEMENT OF PARKS (§§ 14-269-201 — 14-269-206) › Section 14-269-203 - Commissioners - Powers and duties

(a)
The commissioners appointed pursuant to this subchapter shall have full and complete authority to build, manage, operate, maintain, and keep in a good state of repair any municipal buildings deemed necessary to carry on a recreation park for the municipality including the building of swimming pools, field houses, stadiums, zoos, or other buildings necessary to carry on the recreational park.
(b)
The commissioners shall have full and complete charge of the buildings and grounds, including the right to control and permit, or refuse to permit, such public gatherings or other meetings or affairs, as the commissioners shall see fit and deem to be in the best interests of the city.
(c)
The commissioners shall have the right to employ or remove managers, janitors, and other employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries since it is the intention of this subchapter to vest in the commissioners the authority to build, operate, manage, maintain, and control the municipal recreational park and to have full and complete charge thereof.
(d)
The commissioners shall not have the authority or power to sell, mortgage, or encumber the property unless otherwise authorized by the statutes of Arkansas.
(e)
The commissioners shall have the exclusive right and power to make purchases of all supplies, apparatus, and other property and things requisite and necessary for the management and operation of the recreational park, including the construction thereof and repairs and additions thereto.
(f)
The commissioners shall have the authority to enter into contracts with persons, firms, corporations, or organizations for the use of recreational park buildings or parts thereof.
Acts 1947, No. 348, §§ 5-7; A.S.A. 1947, §§ 19-3610 -- 19-3612.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 2 - OPERATION AND MANAGEMENT OF PARKS (§§ 14-269-201 — 14-269-206) › Section 14-269-204 - Commissioners - Rules and regulations

The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal recreational park, and they shall have the authority to alter, change, or amend the rules and regulations at their discretion.
Acts 1947, No. 348, § 8; A.S.A. 1947, § 19-3613.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 2 - OPERATION AND MANAGEMENT OF PARKS (§§ 14-269-201 — 14-269-206) › Section 14-269-205 - Commissioners - Park fund

(a)
The commissioners appointed pursuant to this subchapter shall have the authority to utilize all revenues derived from the operation of the recreational park in the operation of the recreational park.
(b)
(1)
All funds derived from the use of the recreational park shall be segregated into a park fund, which fund shall be used exclusively in the operation of the recreational park by the commissioners.
(2)
Moneys in the fund shall not be mingled with other funds of the city and shall be handled exclusively by the commissioners.
(c)
(1)
The commissioners shall each furnish to the city a five thousand dollar ($5,000) surety bond that will serve to insure the city against any misappropriation or mishandling of funds.
(2)
The surety on the bonds shall be a reputable surety corporation.
(3)
The premium on the bonds shall be paid from moneys in the park fund.
(d)
(1)
The commissioners shall receive no salary for their services but shall be reimbursed from the park fund for actual expenses incurred in the performance of their duties.
(2)
The park fund may also be expended by the commissioners, as they deem best, for the purpose of obtaining attractions to meet on the park.
Acts 1947, No. 348, § 10; A.S.A. 1947, § 19-3615.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 2 - OPERATION AND MANAGEMENT OF PARKS (§§ 14-269-201 — 14-269-206) › Section 14-269-206 - Commissioners - Reports - Appropriations

(a)
(1)
The commissioners shall submit quarterly reports, beginning three (3) months after they take their oath of office and each three (3) months thereafter, reporting in full on the operations, including an accounting of receipts and disbursements, to the mayor and city council, and furnish such other and further reports, data, and information as may be requested by the mayor or city council.
(2)
The quarterly report to the mayor and city council, with respect to receipts and disbursements, shall be certified by the commissioners as correct.
(3)
The commissioners shall further submit an annual audit of the operations of the recreational park to the mayor and city council.
(b)
(1)
Upon each quarterly report being made to the mayor and city council by the commissioners, the city council may appropriate funds from the general revenue fund of the city, or from such other funds as the city may have available, to make up any deficits or to provide such funds as may be necessary to carry on the operations of the recreational park.
(2)
The city council, at any time other than when the quarterly report is filed, may appropriate such funds as it deems necessary from the general revenue fund, or from such other funds as the city may have available, for the purpose of maintaining and operating the recreational park.
Acts 1947, No. 348, §§ 9, 11; A.S.A. 1947, §§ 19-3614, 19-3616.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 3 - OPERATION AND MANAGEMENT OF PARKS AND RECREATION PROGRAMS (§§ 14-269-301 — 14-269-306) › Section 14-269-301 - Authority for creation of commission in cities of the first and second class

Any city of the first or second class that may desire to set up a parks and recreation program for the municipality, by appropriate action of the city council, may create a commission for the purpose of operating and managing the program within the municipality.
Acts 1949, No. 471, § 1; A.S.A. 1947, § 19-3618.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 3 - OPERATION AND MANAGEMENT OF PARKS AND RECREATION PROGRAMS (§§ 14-269-301 — 14-269-306) › Section 14-269-303 - Commissioners - Powers and duties - Selection of employees

(a)
The commissioners appointed pursuant to this subchapter shall have full and complete authority to build, manage, operate, maintain, and keep in a good state of repair any municipal buildings deemed necessary to carry on a parks and recreation program for the municipality including the building of swimming pools, field houses, stadia, zoos, or other buildings necessary to carry on a parks and recreation program.
(b)
The commissioners shall have full and complete charge of the buildings and grounds including the right to control and permit, or refuse to permit, such public gatherings or other meetings or affairs as the commissioners shall see fit and deem to be in the best interests of the city.
(c)
(1)
The commissioners shall have the exclusive right and power to make purchases of all supplies, apparatus, and other property and things requisite and necessary for the management and operation of the parks and recreation program including the construction of facilities and repairs and additions thereto.
(2)
The commissioners shall not have authority or power to sell, mortgage, or encumber the property unless otherwise authorized by the statutes of Arkansas.
(d)
The commissioners shall have the authority to enter into contracts with persons, firms, corporations, or organizations for the use of buildings, or parts thereof, of the parks and recreation program.
(e)
The employees necessary in the operation of the parks and recreation program, as well as their salaries and classifications, shall be selected and determined as prescribed by law through competitive examination and certification by the civil service commission.
Acts 1949, No. 471, §§ 5-8; A.S.A. 1947, §§ 19-3622 -- 19-3625.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 3 - OPERATION AND MANAGEMENT OF PARKS AND RECREATION PROGRAMS (§§ 14-269-301 — 14-269-306) › Section 14-269-304 - Commissioners - Rules and regulations

The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal parks and recreation program, and they shall have the authority to alter, change, or amend the rules and regulations at their discretion.
Acts 1949, No. 471, § 9; A.S.A. 1947, § 19-3626.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 3 - OPERATION AND MANAGEMENT OF PARKS AND RECREATION PROGRAMS (§§ 14-269-301 — 14-269-306) › Section 14-269-305 - Commissioners - Park fund

(a)
The commissioners appointed pursuant to this subchapter shall have the authority to utilize all revenues derived from the operation of the parks and recreation program in the operation of the parks and recreation program.
(b)
(1)
All funds derived from the use of the parks and recreation program shall be segregated into a park fund, which fund shall be used exclusively in the operation of the parks and recreation program by the commissioners.
(2)
Moneys in the fund shall not be mingled with other funds of the city and shall be handled exclusively by the commissioners.
(c)
(1)
The commissioners shall furnish the city a five thousand dollar ($5,000) surety bond that will serve to insure the city against any misappropriation or mishandling of funds.
(2)
The surety on the bond shall be a reputable surety corporation.
(3)
The premium on the bond shall be paid from moneys from the park fund.
(d)
(1)
The commissioners shall receive no salary for their services but shall be reimbursed from the park fund for actual expenses incurred in the performance of their duties.
(2)
The park fund may also be expended by the commissioners, as they deem best, for the purpose of obtaining attractions to be staged as a part of the parks and recreation program.
Acts 1949, No. 471, § 11; A.S.A. 1947, § 19-3628.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 3 - OPERATION AND MANAGEMENT OF PARKS AND RECREATION PROGRAMS (§§ 14-269-301 — 14-269-306) › Section 14-269-306 - Commissioners - Reports - Appropriations

(a)
(1)
The commissioners shall submit quarterly reports, beginning three (3) months after they take their oath of office and each three (3) months thereafter, reporting in full on the operations including an accounting of receipts and disbursements, to the mayor and city council and shall furnish such other and further reports, data, and information as may be requested by the mayor and city council.
(2)
The quarterly report to the mayor and city council, with respect to receipts and disbursements, shall be certified by the commissioners as correct.
(3)
The commissioners shall further submit an annual audit of the operations of the parks and recreation program to the mayor and city council.
(b)
(1)
Upon each quarterly report being made to the mayor and city council by the commissioners, the city council may appropriate funds from the general revenue fund of the city or from such other funds as the city may have available to make up any deficits or to provide such funds as may be necessary to carry on the operations of the parks and recreation program.
(2)
At any time other than when the quarterly report is filed, the city council may appropriate such funds as it deems necessary from the general revenue fund or from such other funds as the city may have available for the purpose of maintaining and operating the parks and recreation program.
Acts 1949, No. 471, §§ 10, 12; A.S.A. 1947, §§ 19-3627, 19-3629.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 270 - RURAL COMMUNITY PROJECTS (§§ 14-270-101 — 14-270-203) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-270-101 — 14-270-105) › Section 14-270-101 - Purpose

(a)
The General Assembly recognizes that there are numerous unincorporated rural communities and small incorporated rural cities and towns in this state which do not have adequate fire protection or social, recreational, cultural, or other facilities available for the benefit of their citizens or comparable to the facilities available in larger cities of this state. Many of these rural communities and rural small cities and towns lack the resources to develop and implement programs to enhance their viability.
(b)
The General Assembly further recognizes the need to establish a program whereby, through the participation of local citizens and by the use of state incentive funds, unincorporated rural communities and small incorporated rural cities and towns in this state will be provided opportunities for the construction, development, and improvement of fire protection and construction projects benefiting the citizens. The program will provide matching grants to rural communities to alleviate this problem and encourage rural communities to develop programs designed to meet their uniquely rural needs.
Acts 1977, No. 736, § 1; 1979, No. 370, § 1; A.S.A. 1947, § 17-1420; Acts 1991, No. 1009, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 270 - RURAL COMMUNITY PROJECTS (§§ 14-270-101 — 14-270-203) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-270-101 — 14-270-105) › Section 14-270-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Community, city, or town projects" means, but shall not be limited to, parks, playgrounds, community meeting halls, community cultural facilities, picnic grounds, community recreation facilities, firefighting equipment and facilities, and similar projects to be available to the members of the unincorporated community or citizens of the small city or town in the rural areas of the state for their use, benefit, and enjoyment;
(2)
"Rural area" or "rural community" means all the territory of the State of Arkansas that is not within the outer boundary of any city or town having a population of twenty thousand (20,000) or more according to the latest federal decennial census or within such a city's or town's neighboring urbanized areas;
(3)
"Small city or town" means a city or a town incorporated under the laws of the State of Arkansas with a population of less than three thousand (3,000) persons according to the latest federal decennial census;
(4)
"State" shall mean the State of Arkansas;
(5)
"Unincorporated community" means an unincorporated community in a rural area of the state;
(6)
"Urbanized area" means the areas of dense settlement and suburbanization contiguous to the central city of a metropolitan area;
(7)
"Property in kind" means real or personal property.
Acts 1977, No. 736, § 1; 1979, No. 370, § 1; A.S.A. 1947, § 17-1420; Acts 1991, No. 1009, § 2; 1995, No. 649, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 270 - RURAL COMMUNITY PROJECTS (§§ 14-270-101 — 14-270-203) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-270-101 — 14-270-105) › Section 14-270-104 - Funding upon exhaustion of state funds

(a)
In the event sufficient state funds have not been appropriated to provide the state's matching share of all eligible approved community, city, or town projects certified to the Chief Fiscal Officer of the State by the respective county judges or mayors of this state, the Chief Fiscal Officer of the State, with the advice of the Arkansas Rural Development Commission, shall approve payments for projects in the order in which each project application is filed with his office until all funds available during each fiscal year have been exhausted, shall defer until the next fiscal year the various projects for which adequate funds are not available during the preceding fiscal year, and shall give those projects priority in the order in which filed with the Office of Rural Advocacy of the Arkansas Rural Development Commission for funding from moneys appropriated by the General Assembly for that fiscal year.
(b)
(1)
However, in the event project applications for the state's matching share of community, city, or town projects in any county are not submitted for the use of the funds available for community, city, or town projects in that county during any fiscal biennium, and application therefor has not been filed with the Office of Rural Advocacy within thirty (30) days prior to the end of the fiscal biennium, the Arkansas Rural Development Commission shall make the funds remaining for projects in that county available for approved community, city, or town projects in other counties which have applied for more project matching funds than were available.
(2)
The Arkansas Rural Development Commission shall give priority in the allocation of the unused project funds to approved projects in other counties in the order in which applications were received for the projects.
Acts 1977, No. 736, § 2A; 1979, No. 370, § 3; A.S.A. 1947, § 17-1422; Acts 1991, No. 1009, § 4; 1993, No. 946, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 270 - RURAL COMMUNITY PROJECTS (§§ 14-270-101 — 14-270-203) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-270-101 — 14-270-105) › Section 14-270-105 - Audit of funds

All state and county funds made available for community, city, or town projects under the provisions of this chapter shall be audited by the Division of Legislative Audit in connection with the annual audit of each county or city or town to assure that the funds have been used for the purposes for which they were made available under the provisions of this chapter.
Acts 1977, No. 736, § 3; A.S.A. 1947, § 17-1423; Acts 1991, No. 1009, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 270 - RURAL COMMUNITY PROJECTS (§§ 14-270-101 — 14-270-203) › Subchapter 2 - OUTDOOR RECREATIONAL FACILITIES (§§ 14-270-201 — 14-270-203) › Section 14-270-201 - Legislative intent

The General Assembly recognizes outdoor recreation as an important element to the quality of life in Arkansas. Outdoor recreation is interlocked to the emotional and economic well being of the state's citizens. Therefore, it is the desire of the General Assembly to establish a new outdoor grants program that shall assist small communities and rural areas of Arkansas with outdoor recreational facilities.
Acts 1991, No. 271, § 1; 1991, No. 306, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 270 - RURAL COMMUNITY PROJECTS (§§ 14-270-101 — 14-270-203) › Subchapter 2 - OUTDOOR RECREATIONAL FACILITIES (§§ 14-270-201 — 14-270-203) › Section 14-270-202 - Elements of grants program

(a)
There is hereby established the FUN Parks Grants Program to be administered by the Department of Parks, Heritage, and Tourism.
(b)
The purpose of the FUN Parks Grants Program is to provide basic outdoor recreation facilities, including baseball and softball fields, basketball courts, picnic tables and pavilions, and playground equipment, to residents of small Arkansas communities with a population of seven thousand five hundred (7,500) or less as established by the 2020 Federal Decennial Census.
Amended by Act 2023, No. 668,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 5622, eff. 7/1/2019.
Acts 1991, No. 271, § 2; 1991, No. 306, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 270 - RURAL COMMUNITY PROJECTS (§§ 14-270-101 — 14-270-203) › Subchapter 2 - OUTDOOR RECREATIONAL FACILITIES (§§ 14-270-201 — 14-270-203) › Section 14-270-203 - Authorization

The Department of Parks, Heritage, and Tourism is herein authorized to promulgate procedures, rules, or guidelines necessary for the administration of the FUN Parks Grants Program.
Amended by Act 2019, No. 315,§ 1040, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5623, eff. 7/1/2019.
Acts 1991, No. 271, § 3; 1991, No. 306, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-101 - Title

This chapter may be cited as the "Arkansas Underground Facilities Damage Prevention Act".
Acts 1987, No. 600, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-103 - Applicability

(a)
The Arkansas Public Service Commission shall, after public comment and hearing as provided below, promulgate rules providing for a One Call Center to be established and maintained by all operators subject to the jurisdiction of the commission.
(b)
The rules shall at a minimum be consistent with the requirements of any federal law relating to One Call Centers, and otherwise shall provide standards and guidelines for the organization and administration by operators of the One Call Center consistent with the terms, purposes, and requirements of this chapter, provided, however, that nothing herein, nor in the rules to be promulgated by the commission, shall be construed to restrict, diminish, or otherwise affect the ratemaking authority and responsibility of the commission with respect to One Call System expenditures by utilities or with respect to any other matter.
Amended by Act 2019, No. 315,§ 1041, eff. 7/24/2019.
Acts 1987, No. 600, § 13; 1989, No. 370, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-106 - Permittees to comply

A permit issued pursuant to law authorizing excavation or demolition operation shall not be deemed to relieve a person from the responsibility for complying with the provisions of this chapter.
Acts 1987, No. 600, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-107 - Membership in One Call Center

(a)
All operators of underground facilities shall become members of the One Call Center; however, the commission may provide, by rule or by orders, for such exemptions or waivers concerning some or all of the requirements of membership as may appear reasonable and proper, as long as the exemption or waiver is not prohibited by statute or federal law.
(b)
Additionally, other persons who own or control underground facilities or similar facilities may, upon application, become members of the One Call Center.
(c)
Membership shall be evidenced by participation in, and payment for, the services furnished by the One Call Center.
Acts 1987, No. 600, § 8; 1989, No. 370, § 3; 1991, No. 762, § 6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-108 - Notice to One Call Center - Changes - Files

(a)
(1)
Each member operator having underground facilities, including those facilities that have been abandoned in place by the member operator but not yet physically removed and that can be identified, shall file a notice with the One Call Center that the member operator has underground facilities.
(2)
The notice shall include a list of the geographic areas where facilities are located, providing as much specific information as reasonably possible, the name of the member operator, and the name, title, address, and telephone number of its representative designated to respond to notices of intent to excavate.
(b)
Changes to any of the information contained in the notice filed in accordance with subsection (a) of this section shall be filed with the One Call Center within thirty (30) days of the change.
(c)
The One Call Center shall file the notice submitted by member operators and shall maintain an index of the notices.
(d)
Member operators shall maintain records and drawings of all changes and additions to their underground facilities.
Acts 1987, No. 600, § 6; 1995, No. 727, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-109 - Notice to One Call Center - Exceptions

(a)
Compliance with notice requirements of §
14-271-112
is not required for:
(1)
The moving of earth that is not on a right-of-way or within an easement of an operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools manipulated only by human or animal power;
(2)
The moving of earth by an operator that is on a right-of-way or within an easement of the operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools only manipulated by human power and exclusively for the purposes of system maintenance and leak detection;
(3)
Any agricultural purposes, including any form of cultivation for agricultural purposes, digging for postholes on private property, construction and maintenance of farm ponds, land clearing, or other normal agricultural purposes that are not on a right-of-way of an operator;
(4)
The opening of a grave in a cemetery that is not on a right-of-way of an operator; or
(5)
Routine road work and general maintenance as performed in the right-of-way by state or county maintenance departments, but excluding any work or maintenance involving any demolition or excavation.
(b)
(1)
Compliance with notice requirements of §
14-271-112
is not required of persons responsible for repair or restoration of service, or to ameliorate an imminent danger to life, health, property, or public safety.
(2)
However, those persons shall give, as soon as practicable, oral notice of the emergency excavation or demolition to the One Call Center and request emergency assistance from the One Call Center in locating and providing immediate protection to its underground facilities.
(3)
An imminent danger to life, health, property, or public safety exists whenever there is a substantial likelihood that loss of life, health, or property will result before the procedures under §
14-271-112
can be fully complied with.
Amended by Act 2023, No. 309,§ 3, eff. 3/16/2023.
Amended by Act 2013, No. 1344,§ 4, eff. 8/16/2013.
Acts 1987, No. 600, §§ 3, 10; 1989, No. 370, § 4; 1991, No. 762, § 7; 1995, No. 727, § 5; 2007, No. 41, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-111 - Color code for marking facility and excavation or demolition locations

(a)
(1)
If the approximate location of an underground facility is marked with temporary markers, stakes, or other physical means, the operator shall follow the color coding prescribed as follows:
FACILITY AND TYPE OF PRODUCT
SPECIFIC GROUP IDENTIFYING COLOR
Electric power distribution and transmission
Safety red
Municipal electric systems
Safety red
Gas distribution and transmission
High visibility safety yellow
Oil distribution and transmission
High visibility safety yellow
Dangerous materials' product lines
High visibility safety yellow
Telephone and telegraph systems
Safety alert orange
Cable television
Safety alert orange
Police and fire communications
Safety alert orange
Water systems
Safety precaution blue
Sewer systems
Safety green.
(2)
In addition to the foregoing, all underground facilities installed after January 1, 1996, shall be permanently marked with tracing wires of appropriate durability or in other manner which will enable the operator to trace the specific course of the underground facility.
(b)
Unless otherwise agreed by all affected operators, persons engaged in excavation or demolition shall mark the proposed area of work with stakes, flags, posts, or painted or chalked lines that are white in color and are clearly visible.
(c)
Any person who moves, removes, alters, conceals, or defaces any markings required under this chapter before the demolition or excavation work is commenced shall be subject to the penalties contained in §
14-271-104
.
Acts 1987, No. 600, § 9; 1995, No. 727, § 7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-112 - Notice of intent to excavate or demolish

(a)
Except as provided in §
14-271-109
, no person may engage in excavation or demolition activities without having first notified the One Call Center in accordance with the provisions listed in this section.
(b)
(1)
Each person responsible for any excavation or demolition operation shall serve written or telephonic notice of intent to excavate or demolish at least two (2), but not more than ten (10), full working days before commencing this activity.
(2)
The notice of intent shall be delivered to the One Call Center.
(3)
(A)
The notice given by this section shall be effective for a period of twenty (20) working days from the date that the notice was given.
(B)
If the work to be performed is not completed within this period, or if the location markings have been removed or are no longer visible, the person engaging in the demolition or excavation activity shall reinitiate the notice procedure set forth in this section.
(c)
The written or telephonic notice of intent required by subsection (b) of this section shall:
(1)
Contain the name of the person notifying the One Call Center, the name, address, and telephone number of the person responsible for the excavation or demolition, the starting date, anticipated duration and type of excavation or demolition operation to be conducted, the specific location of the proposed excavation or demolition, and whether or not explosives are anticipated to be used; and
(2)
(A)
Be provided by an individual or entity carrying out the excavation or demolition.
(B)
The responsibility to provide the notice under subsection (b) of this section shall not be delegated to another by contract or otherwise.
(C)
If multiple entities are carrying out excavation or demolition, then each entity is responsible for providing notice individually.
(d)
The One Call Center shall, as soon as practicable after receiving such notice, provide persons giving notice of an intention to engage in an excavation activity the names of any member operators of underground facilities to whom the notice will be transmitted.
(e)
(1)
An adequate record of notifications to the One Call Center shall be maintained by the One Call Center.
(2)
A copy of the record shall be furnished to the persons giving notice of intent to excavate or demolish if requested.
(3)
The records shall be maintained by the One Call Center for at least three (3) years.
(f)
Nothing in this section shall be construed to obligate the One Call Center to transmit a notice of intent to excavate for any operator that is not a member of the One Call Center.
Amended by Act 2023, No. 309,§ 5, eff. 3/16/2023.
Acts 1987, No. 600, § 7; 1991, No. 762, § 8; 1995, No. 727, § 8.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-113 - Notice of damage required - Exception

(a)
(1)
Except as provided by subsection (b) of this section, a person responsible for an excavation or demolition that results in damage to an underground facility shall:
(A)
Immediately upon discovery of the damage, notify the One Call Center of the location and nature of the damage and current work status of the excavation or demolition; and
(B)
Allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the underground facility.
(2)
An operator shall respond and examine the damage within two (2) business days of notification and shall complete repairs to the damaged facilities within a reasonable amount of time.
(b)
Each person responsible for any excavation or demolition operation that results in damage to an underground facility permitting the escape of any flammable, toxic, or corrosive gas or liquid shall notify the operator and police and fire departments immediately upon discovery of the damage and take any other action reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator's personnel or police and fire departments.
Amended by Act 2015, No. 908,§ 1, eff. 7/22/2015.
Acts 1987, No. 600, § 11; 1995, No. 727, § 9.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-114 - Operators of underground pipeline facilities

In addition to the provisions of this chapter, all operators of underground pipeline facilities are required to comply with all applicable federal statutes and regulations pertaining to pipeline safety and damage prevention.
Acts 1995, No. 727, § 10.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-115 - No responsibility for nonmember facilities

Neither the One Call Center, nor any entity operating the One Call Center, nor any member of the One Call Center shall be responsible for locating nonmember underground utility facilities, or for advising or otherwise warning of the possibility of the existence of underground utility facilities other than those owned or operated by members of the One Call Center.
Acts 1995, No. 727, § 11.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 272 - RURAL FIRE DEPARTMENTS (§§ 14-272-101 — 14-272-304) › Subchapter 1 - RURAL FIRE DEPARTMENTS STUDY COMMISSION (§§ 14-272-101 — 14-272-104) › Section 14-272-101 - Expired

Amended by Act 2016EX3, No. 3,§ 28, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 28, eff. 5/23/2016.
Amended by Act 2015EX1, No. 8,§ 132, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 132, eff. 7/1/2015.
Amended by Act 2015, No. 1032,§ 1, eff. 7/22/2015.
Acts 1991, No. 1032, § 1; 1993, No. 231, § 1; 1995, No. 489, § 1; 1997, No. 183, § 1; 1997, No. 385, § 2; 1997, No. 1264, § 1; 2001, No. 165, § 1; 2003, No. 198, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 272 - RURAL FIRE DEPARTMENTS (§§ 14-272-101 — 14-272-304) › Subchapter 1 - RURAL FIRE DEPARTMENTS STUDY COMMISSION (§§ 14-272-101 — 14-272-104) › Section 14-272-102 - Expired

Amended by Act 2016EX3, No. 3,§ 29, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 29, eff. 5/23/2016.
Acts 1991, No. 1032, § 2; 1993, No. 231, § 2; 1997, No. 250, § 90; 1997, No. 1264, § 2; 1997, No. 1354, § 31.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 272 - RURAL FIRE DEPARTMENTS (§§ 14-272-101 — 14-272-304) › Subchapter 1 - RURAL FIRE DEPARTMENTS STUDY COMMISSION (§§ 14-272-101 — 14-272-104) › Section 14-272-103 - Expired

Amended by Act 2016EX3, No. 3,§ 30, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 30, eff. 5/23/2016.
Amended by Act 2015, No. 1032,§ 2, eff. 7/22/2015.
Acts 1991, No. 1032, § 3; 1997, No. 1264, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 272 - RURAL FIRE DEPARTMENTS (§§ 14-272-101 — 14-272-304) › Subchapter 1 - RURAL FIRE DEPARTMENTS STUDY COMMISSION (§§ 14-272-101 — 14-272-104) › Section 14-272-104 - Expired

Amended by Act 2016EX3, No. 3,§ 31, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 31, eff. 5/23/2016.
Acts 1993, No. 231, § 3; 1997, No. 183, § 2; 1997, No. 385, § 3; 1997, No. 1264, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 272 - RURAL FIRE DEPARTMENTS (§§ 14-272-101 — 14-272-304) › Subchapter 3 - FIRE DEPARTMENT SERVICES AGREEMENTS (§§ 14-272-301 — 14-272-304) › Section 14-272-302 - Services agreements, authority, pledge, and assignment

(a)
Any fire department may enter into services agreements with its beneficiaries.
(b)
(1)
Fire departments are authorized and empowered to enter into loans, lease-purchase agreements, and other extensions of credit from lenders and are empowered to pledge and assign services agreements to lenders in order to collateralize and secure repayment of loans, lease-purchase agreements, and other extensions of credit that might be advanced by lenders to fire departments for the purpose of acquiring, improving, accessing, or otherwise gaining the use of fire equipment.
(2)
(A)
Fire departments may additionally grant to lenders all mortgages, security interests, and other liens to secure and collateralize repayment of credit extended by lenders to fire departments.
(B)
Notwithstanding any other applicable statute, rule, or regulation, the pledging and collateral assignment of services agreements, the encumbering of all other fire department assets, and the execution of all other debt-evidencing and debt-securing documents shall occur by means of a resolution which is duly adopted by the governing board or body of the fire department.
Acts 2001, No. 1725, § 3.