reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 2 - FILING AND RECORDING REQUIREMENTS (§§ 14-41-201 — 14-41-203) › Section 14-41-201 - Plats of new additions to be filed and recorded - Penalty

(a)
Any person or corporation owning any real estate who shall make any addition of real estate to any incorporated town or city in this state shall be required to file and record a regular plat of it in the office of the circuit clerk and recorder of the county in which the land is situated within thirty (30) days after the addition.
(b)
(1)
It shall be a misdemeanor for any person, joint-stock company, or corporation to sell or offer for sale any lot or block designated on the map or plat referred to in this section until it has been duly filed in the office of the circuit court and ex officio recorder as required in this section.
(2)
Any person, joint-stock company, or corporation who shall violate the provisions of this section shall be guilty of a misdemeanor and on conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).
Acts 1907, No. 306, §§ 1, 3, p. 730; C. & M. Dig., §§ 7481, 7483; Pope's Dig., §§ 9524, 9526; A.S.A. 1947, §§ 19-401, 19-403.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 2 - FILING AND RECORDING REQUIREMENTS (§§ 14-41-201 — 14-41-203) › Section 14-41-202 - Certification of matters - Penalty

(a)
It shall be the duty of the clerk of the circuit court when any map or plat of any addition to any city or incorporated town in the State of Arkansas has been filed in his or her office as required by §
14-41-201(a)
to forthwith certify under his or her hand and seal of office, to the county clerk of the county, in those counties where there are both county and circuit clerks, the name of the addition and the date of the filing of the plat.
(b)
The failure of the clerk to so certify the matters to the county clerk for thirty (30) days shall be a misdemeanor. On conviction, the clerk shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).
Acts 1907, No. 306, § 2, p. 730; C. & M. Dig., § 7482; Pope's Dig., § 9525; A.S.A. 1947, § 19-402.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 2 - FILING AND RECORDING REQUIREMENTS (§§ 14-41-201 — 14-41-203) › Section 14-41-203 - Entry on tax books required - Penalty

(a)
It shall be the duty of the county clerk on receiving the certificate provided for in §
14-41-202(a)
to file it in his or her office. Thereafter, before he or she shall deliver the tax books to the assessor, he or she shall enter the number of each lot and block on the tax book for real estate as other real estate is entered, and it shall be assessed as other real estate of like character.
(b)
In counties where there is no county clerk, it shall be the duty of the circuit clerks, before they shall thereafter deliver the tax books to the assessor, to enter the number of each lot and block appearing upon any map or plat of any addition to any city or incorporated town in this state which is filed in their office on the tax books for real estate, and it shall be assessed as other real estate of like character.
(c)
The failure of any county clerk to comply with the provisions of subsections (a) and (b) of this section shall be a misdemeanor. On conviction, he or she shall be fined not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
Acts 1907, No. 306, §§ 4-6, p. 730; C. & M. Dig., §§ 7484-7486; Pope's Dig., §§ 9527-9529; A.S.A. 1947, §§ 19-404 -- 19-406.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 3 - REDUCTION TO ACREAGE (§§ 14-41-301 — 14-41-307) › Section 14-41-301 - Applicability

This subchapter shall not apply to any part of an addition or division less than one-third (1/3) of the whole as shown by the original plat filed in the office of the circuit clerk.
Acts 1929, No. 91, § 4; Pope's Dig., § 9517; A.S.A. 1947, § 19-410.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 3 - REDUCTION TO ACREAGE (§§ 14-41-301 — 14-41-307) › Section 14-41-302 - Right generally

The owner of any addition or division to any city or incorporated town in this state where no lots or blocks, or any part thereof, have been sold and the streets and alleys have not been used by the public for the last seven (7) years prior to the filing of the petition shall have the right to reduce the addition or division to acreage by petition to the county court where the property is situated.
Acts 1929, No. 91, § 1; Pope's Dig., § 9514; A.S.A. 1947, § 19-407.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 3 - REDUCTION TO ACREAGE (§§ 14-41-301 — 14-41-307) › Section 14-41-303 - Parties to petition

If at any time one (1) person owns, or two (2) or more persons own jointly or as tenants in common, or a corporation owns all the lots and blocks in any addition or division to any city or incorporated town in this state, the streets and alleys of which have not been used by the public for the last seven (7) years prior to the filing of the petition, then the person, persons, or corporation may have the addition or division reduced to acreage by proper petition to the county court.
Acts 1929, No. 91, § 2; Pope's Dig., § 9515; A.S.A. 1947, § 19-408.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 3 - REDUCTION TO ACREAGE (§§ 14-41-301 — 14-41-307) › Section 14-41-304 - Owners of parts

The owners of any part of an addition or division shall have the right to have it reduced to acreage, as in the cases provided in §§
14-41-302
and
14-41-303
. However, the lots and blocks shall be contiguous. No streets and alleys shall be included in the order reducing the parts of additions or divisions to acreage unless the owners shall have the legal title and be in the actual possession of all the lots and blocks surrounding the streets and alleys.
Acts 1929, No. 91, § 3; Pope's Dig., § 9516; A.S.A. 1947, § 19-409.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 3 - REDUCTION TO ACREAGE (§§ 14-41-301 — 14-41-307) › Section 14-41-305 - Notice of petition

(a)
Upon the filing of a petition, the county court shall immediately cause notice to be published for two (2) consecutive weeks by at least two (2) insertions in some newspaper published in the county having a bona fide circulation therein, stating the substance contained in the petition.
(b)
The county court shall immediately provide the filed petition to the city clerk of the city or incorporated town in which the property is located.
Acts 1929, No. 91, § 5; Pope's Dig., § 9518; A.S.A. 1947, § 19-411; Acts 2007, No. 14, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 3 - REDUCTION TO ACREAGE (§§ 14-41-301 — 14-41-307) › Section 14-41-306 - Hearing and order

(a)
The county court shall hear the petition at the first day of the court held after publication of the notice filed under §
14-41-305
if not continued for cause and upon proper showing shall order that the addition or division, or part thereof, be reduced to acreage.
(b)
If the county court issues an order pursuant to subsection (a) of this section that the addition or division be reduced to acreage, then the addition or division shall thereafter be assessed as acreage for taxation of all kinds.
(c)
The county court shall immediately provide the filed order to the city clerk of the city or incorporated town in which the property is located.
Acts 1929, No. 91, § 6; Pope's Dig., § 9519; A.S.A. 1947, § 19-412; Acts 2007, No. 14, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 41 - ADDITIONS TO CITIES AND INCORPORATED TOWNS (§§ 14-41-201 — 14-41-307) › Subchapter 3 - REDUCTION TO ACREAGE (§§ 14-41-301 — 14-41-307) › Section 14-41-307 - Appeals

Any person aggrieved by an order under §
14-41-306
may appeal to the circuit court in the manner provided by law for appeals from the county court.
Acts 1929, No. 91, § 7; Pope's Dig., § 9520; A.S.A. 1947, § 19-413.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-101 - Savings provision

Any municipal corporation in which, under its former organization prior to March 9, 1875, by any law or charter regulating any literary, charitable, or benevolent institution, vested any power of appointing officers of supervision or control, shall continue to hold and possess the like power and authority in every respect.
Acts 1875, No. 1, § 32, p. 1; C. & M. Dig., § 7519; Pope's Dig., § 9579; A.S.A. 1947, § 19-906.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-102 - Corporate authority of cities

The corporate authority of cities that are organized shall be vested in one (1) principal officer, to be called the mayor, and one (1) board of council members, to be called the city council, together with such other officers as are mentioned in this subtitle or may be created under its authority.
Amended by Act 2017, No. 879,§ 9, eff. 8/1/2017.
Acts 1875, No. 1, § 5, p. 1; C. & M. Dig., § 7459; Pope's Dig., § 9492; A.S.A. 1947, § 19-901.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-103 - Vacancies in municipal offices

(a)
(1)
Vacancies in municipal offices that are authorized by state law to be filled by appointment by the city or town governing body require a majority vote of the remaining members of the governing body.
(2)
However, a majority of a quorum of the whole number of the governing body is required to fill the vacancy.
(b)
(1)
The governing body may appoint any qualified elector, including members of a governing body, to fill the vacancy.
(2)
However, a member of the governing body shall not vote on his or her own appointment.
(c)
This section does not apply to circumstances prescribed under §
14-43-501(a)
or §
14-43-411(a)
.
Acts 1977, No. 9, §§ 1, 2; 1981, No. 303, § 2; A.S.A. 1947, § 19-905.1; Acts 2009, No. 185, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-105 - Appointments of officers by council

(a)
All appointments of officers by any council of a municipal corporation shall be made viva voce, and the concurrence of a like majority shall be required.
(b)
On the votes resulting in the appointment, the names of those voting and for whom they voted shall be recorded, and all such voting shall be public.
Acts 1875, No. 1, § 29, p. 1; C. & M. Dig., § 7518; Pope's Dig., § 9578; A.S.A. 1947, § 19-905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-106 - Oath and bond required

(a)
All officers elected or appointed in any municipal corporation shall take the oath or affirmation prescribed for officers by the Arkansas Constitution.
(b)
(1)
Except as provided in subdivision (b)(2) of this section, the officers shall take their oaths before:
(A)
The Secretary of State or his or her official designee;
(B)
A justice or judge;
(C)
A judge of the county court;
(D)
A clerk of the:
(i)
County court;
(ii)
Circuit court; or
(iii)
City of the first class;
(E)
A recorder of:
(i)
A city of the second class; or
(ii)
An incorporated town; or
(F)
A justice of the peace.
(2)
The council members also may take their oaths before the mayor of the municipality.
(c)
The council members of a municipal corporation may require from the officers, as they think proper, a bond with good and sufficient security and with a proper penalty for the faithful discharge of their office and duty.
(d)
The council members shall have the power to declare the office of any elected or appointed person vacant who shall fail to take the oath of office or give the bond required in this section within ten (10) days of the first day of January after his or her election or within ten (10) days after he or she has been notified of his or her appointment. In such case, the council members shall proceed to appoint as in other cases of vacancy.
Amended by Act 2017, No. 879,§ 10, eff. 8/1/2017.
Amended by Act 2017, No. 138,§ 1, eff. 8/1/2017.
Acts 1875, No. 1, § 73, p. 1; C. & M. Dig., § 7517; Pope's Dig., § 9577; A.S.A. 1947, § 19-904; Acts 1999, No. 650, § 1; 2007, No. 601, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-107 - Interest in offices or contracts prohibited

(a)
(1)
A council member or elected official of a municipal corporation, during the term for which he or she has been elected or one (1) year thereafter, shall not be appointed to any municipal office that was created or the emoluments of which have been increased during the time for which he or she has been elected except to fill a vacancy in the office of mayor, council member, clerk, clerk-treasurer, recorder, or recorder-treasurer.
(2)
A council member shall not be appointed to any municipal office, except in cases provided for in this subtitle, during the time for which he or she may have been elected.
(b)
(1)
A council member, official, or municipal employee shall not be interested, directly or indirectly, in the profits of any contract for furnishing supplies, equipment, or services to the municipality unless the governing body of the city has enacted an ordinance specifically permitting council members, officials, or municipal employees to conduct business with the city and prescribing the extent of this authority.
(2)
The prohibition prescribed in this subsection does not apply to contracts for furnishing supplies, equipment, or services to be performed for a municipality by a corporation in which no council member, official, or municipal employee holds any executive or managerial office or by a corporation in which a controlling interest is held by stockholders who are not council members.
Amended by Act 2017, No. 879,§ 11, eff. 8/1/2017.
Acts 1875, No. 1, § 86, p. 1; C. & M. Dig., § 7520; Pope's Dig., § 9580; Acts 1963, No. 182, § 1; 1981, No. 485, § 1; A.S.A. 1947, § 19-909; Acts 2003, No. 1299, § 1; 2009, No. 403, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-108 - Prohibited actions by municipal officials or employees - Penalty

(a)
(1)
It is unlawful for any official or employee of any municipal corporation of this state to receive or accept any water, gas, electric current, or other article or service from the municipal corporation, or any public utility operating therein, without paying for it at the same rate and in the same manner that the general public in the municipal corporation pays therefor.
(2)
(A)
This section does not affect rights to free or other special services given to certain municipal officials and employees under the terms of franchises in effect with public utilities in this state.
(B)
This section does not apply to any city official or employee of any municipal corporation of this state as to free streetcar transportation.
(b)
(1)
It is unlawful for any city official or employee of any municipal corporation in this state to furnish or give to any person, concerns, or corporations any property belonging to the municipal corporation, or service from any public utility owned or operated by the municipal corporation, unless payment is made therefor to the municipal corporation at the usual and regular rates, and in the usual manner, except as provided in subsection (a) of this section.
(2)
The waterworks commission of cities of the first class may make donations of money from the revenue of municipal waterworks systems to the local United Way campaign or other citywide nonsectarian, incorporated charitable organizations.
(c)
(1)
Any person violating this section is guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than two hundred fifty dollars ($250).
(2)
Conviction under subdivision (c)(1) of this section shall ipso facto remove the official or employee from the municipal office or position held by him or her and shall render him or her ineligible to thereafter hold any office or position under, or in connection with, the municipal corporation.
Amended by Act 2023, No. 203,§ 5, eff. 8/1/2023.
Acts 1919, No. 230, §§ 1-3; C. & M. Dig., §§ 7522-7524; Pope's Dig., §§ 9582-9584; Acts 1941, No. 288, § 1; A.S.A. 1947, §§ 19-916 -- 19-918.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-109 - Removal of elective or appointed officers

(a)
(1)
(A)
If the mayor, member of the city council, or any other elective officer of any city of the first class or second class or incorporated town in this state shall wilfully and knowingly fail, refuse, or neglect to execute, or cause to be executed, any of the laws or ordinances within their jurisdiction, they shall be deemed guilty of nonfeasance in office.
(B)
(i)
It shall be the duty of the circuit court of any county within which any officer may be commissioned and acting, upon indictment charging any such officer with nonfeasance in office, to hear and determine the charges.
(ii)
If, upon hearing, the charges are proved to be true, the court shall enter a judgment of record removing the guilty officer from office.
(2)
The council of any city or incorporated town may provide, by proper ordinance, for the removal of any appointive officer upon a majority vote of the council.
(b)
(1)
Upon the entering of judgment as provided in subdivision (a)(1) of this section, the office of mayor shall become vacant.
(2)
(A)
It shall be the duty of the clerk of the circuit court to immediately make out and deliver to the Governor a true and certified copy of the judgment.
(B)
Thereupon, it shall be the duty of the Governor to at once appoint and commission a mayor for the city or town to fill the vacancy until his or her successor is elected at the next regular election and qualified.
(c)
Any mayor so removed from office shall have the right of appeal to the Supreme Court. However, no appeal shall have the effect of suspending the judgment of removal of the circuit court. If the judgment is reversed, it shall have the effect of reinstating the officer to his or her office.
Amended by Act 2017, No. 260,§ 5, eff. 8/1/2017.
Acts 1895, No. 54, §§ 1-4, p. 69; C. & M. Dig., §§ 7525-7527; Acts 1929, No. 115, § 1; Pope's Dig., §§ 9585-9587; A.S.A. 1947, §§ 19-919 -- 19-921.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-110 - Appointment and removal of department heads

(a)
(1)
Mayors in cities of the first class and second class and incorporated towns shall have the power to appoint and remove all department heads, including city and town marshals when an ordinance has been passed making city and town marshals appointed, unless the city or town council shall vote by a two-thirds majority of the total membership of the council to override the mayor's action.
(2)
Provided, however, that in cities of the first class and second class with civil service commissions, the governing body of the city may delegate by ordinance the authority to appoint and remove the heads of the police and fire departments to the city's civil service commission.
(b)
City managers in cities having a city manager form of government shall have the power to appoint and remove all department heads. In cities with a city manager form of government and with civil service commissions, the civil service commission shall have the power to override the city manager's appointment or removal of the police or fire chief by a majority vote of the total membership of the commission.
(c)
The provisions of this section shall not apply to department heads not under the control of the governing body of the city and shall not apply to cities having a city administrator form of government.
Acts 1981, No. 795, §§ 1, 3; A.S.A. 1947, § 19-1013.1; Acts 1995, No. 534, § 1; 1995, No. 914, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-111 - [Repealed]

Repealed by Act 2013, No. 753,§ 4, eff. 8/16/2013.
Acts 1883, No. 120, § 1, p. 297; C. & M. Dig., § 7673; Pope's Dig., § 9795; A.S.A. 1947, § 19-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-112 - Municipal attorneys for cities of the second class or incorporated towns

(a)
(1)
All cities of the second class and incorporated towns within the State of Arkansas may elect a municipal attorney at the time of the election of other officers of these cities of the second class and incorporated towns, if it is not established by ordinance that the office of the city attorney will be appointed.
(2)
(A)
All municipal attorneys elected under the provisions of this section shall be regularly licensed attorneys of this state.
(B)
When no attorney resides within the limits of the city or town or when no resident attorney has been elected as municipal attorney, the mayor and city or town council may appoint any regularly licensed attorney of this state to serve as the municipal attorney.
(b)
Any municipal attorney elected or appointed under the provisions of this section shall subscribe to the oath of office as all other officers of these cities or towns.
(c)
All municipal attorneys are authorized to file information for the arrest of any person for the violation of any ordinance of the city or town or of the laws of this state which are violated within the limits of the city or town.
(d)
(1)
The duties of the municipal attorney shall be to represent the city or town in all actions, both civil and criminal.
(2)
(A)
It shall be the duty of the municipal attorney to:
(i)
Advise with all city or town officials at any time needed;
(ii)
Prepare all legal papers, blank forms, etc.;
(iii)
File a complete report of his or her work with the city or town council at the end of each year; and
(iv)
If requested to do so, furnish all information in his or her possession to the state courts for the prosecution of cases in the state courts.
(B)
Nothing in this section shall prohibit the city or town council from prescribing other duties, and they are authorized to prescribe such other duties as they desire which shall be done by proper ordinance by the council.
(e)
The term of office for an elected municipal attorney shall be four (4) years.
Acts 1923, No. 153, §§ 1-5; Pope's Dig., §§ 9752-9756; Acts 1975, No. 161, §§ 1, 2; A.S.A. 1947, §§ 19-911 -- 19-915; Acts 1993, No. 1306, § 8; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1997, No. 645, § 1; 2005, No. 133, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-114 - Social security for municipal employees

Any municipality incorporated under the laws of the State of Arkansas shall have the power, by a majority vote of its city council or legislative body, to provide for establishing and maintaining a system of social security or old age pensions, or both, for its employees that are not covered by social security or old age pension legislation under such terms and conditions as the city council or legislative body may enact.
Acts 1945, No. 10, § 1; A.S.A. 1947, § 19-908.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-115 - Volunteer firefighter or volunteer police officer on governing body

(a)
(1)
It is lawful for a volunteer firefighter or a volunteer police officer in any city of the first class, city of the second class, or incorporated town in this state to seek election to, and if elected, to serve as a member of the city council or other governing body of the city or town.
(2)
This service shall not be deemed a conflict of interest and shall not be prohibited by the civil service regulations of any city or town.
(b)
A person may serve and receive compensation as a member of the governing body of any city of the first class, city of the second class, or incorporated town and simultaneously serve as a volunteer firefighter or a volunteer police officer and receive compensation as a firefighter or a police officer.
(c)
The provisions of this section shall not apply after August 13, 1993, to any city having a city administrator form of government.
Acts 1981, No. 124, § 1; 1981, No. 440, § 1; A.S.A. 1947, §§ 19-943, 19-944; Acts 1993, No. 476, § 1; 2003, No. 1048, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-116 - Retirement systems and benefits

(a)
No municipality shall hereafter establish any retirement benefit system or plan for members of the governing body of the city or town except cities of the first class, cities of the second class, or incorporated towns which had established such a system or plan before July 3, 1989. However, all systems and plans in existence on or before July 3, 1989, may continue.
(b)
A city of the first class that had a system or plan under subsection (a) of this section may amend, repeal, or reinstate the system or plan by ordinance.
Amended by Act 2023, No. 437,§ 1, eff. 8/1/2023.
Acts 1989, No. 308, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-117 - Election of retirement benefits

Notwithstanding any other law to the contrary, any employee of a city of the first class, city of the second class, or incorporated town, and any elected official of a city of the first class, city of the second class, or incorporated town who is entitled by an act of the General Assembly to retirement benefits for service as such an employee or elected official and who also participates in another retirement plan established by the city for the same period of service shall be entitled to only one (1) retirement benefit for the same period of service to the municipality, provided that no elected official may withdraw in a lump sum or roll over into a private account any accumulated benefits established by the municipality for which the official was employed and at the same time receive a pension as provided for under an act of the General Assembly, and the employee or elected official may choose whether to receive the retirement benefit provided by law or provided by the plan offered by the municipality.
Acts 1989, No. 723, § 1; 1991, No. 604, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-118 - Removal of municipal officer for federal offense

(a)
Upon petition by any citizen of the municipality or the prosecuting attorney to the circuit court having jurisdiction, any municipal officer who pleads guilty or nolo contendere to or is found guilty of a federal offense involving embezzlement of public funds, bribery, forgery, or other infamous crime or criminal conduct amounting to a felony, malfeasance, misfeasance, or nonfeasance in office shall be removed from office.
(b)
The circuit clerk shall transmit to the Governor and city clerk of the municipality a certified transcript of the removal judgment of the court.
(c)
The vacancy shall be filled as may be prescribed by law at the time the vacancy occurs.
Acts 2005, No. 163, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-119 - Removal of certain elected municipal officials

(a)
A person who holds an elected office in a municipality for a term of four (4) years in a mayor-council form of government is subject to removal from the office by the electors qualified to vote for a successor of the incumbent.
(b)
The procedure for the removal of a person holding the office is as follows:
(1)
(A)
When a petition requesting the removal of an officer under this section, signed by a number of qualified electors equal to twenty-five percent (25%), is filed with the county clerk, the county clerk shall determine the sufficiency of the petition within ten (10) days from the date of the filing.
(B)
A petition shall be filed by 12:00 noon not more than one hundred five (105) days nor less than ninety-one (91) days before the next general election following the election at which the officer was elected;
(2)
If the petition is deemed sufficient, the county clerk shall certify it to the county board of election commissioners;
(3)
At the election, the question shall be submitted to the qualified electors in substantially the following form:
"FOR the removal of (name of officer) ............... from the office of (name of office) ...............[ ]
AGAINST the removal of (name of officer) ............... from the office of (name of office) ...............[ ]"; and
(4)
(A)
(i)
If a majority of the qualified electors voting on the question at the election vote for the removal of the officer, a vacancy shall exist in the office.
(ii)
The officer shall vacate the office immediately upon certification of the election.
(B)
If a majority of the qualified electors voting on the question at the election vote against the removal of the officer, the officer shall continue to serve during the term for which he or she was elected.
Acts 2009, No. 362, § 1; 2011, No. 1028, § 1; 2011, No. 1185, § 17.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-120 - Monthly, bimonthly, biweekly, weekly, and hourly salaries for municipal employees

(a)
(1)
(A)
Except for those municipalities that operate principally on a scholastic year, or on a part-time basis, or where salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly or the governing body of the municipality shall be considered to be a maximum amount to be paid for a twelve-month payroll period.
(B)
A greater amount than that established for the maximum annual salary of any municipal official or employee shall not be paid to the employee during any twelve-month payroll period, nor shall more than one-twelfth (
1
/
12
) of the annual salary be paid to an employee during a calendar month unless otherwise authorized.
(2)
The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth (
1
/
26
) or one-fifty-second (
1
/
52
) of the maximum annual salary.
(3)
For complying with federal requirements, upon approval of the clerk-recorder or treasurer of the municipality, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law.
(b)
The remuneration paid to an employee of the municipality may exceed the maximum annual salary as authorized by the General Assembly or governing body of the municipality as follows, and the following shall not be construed as payment for services or as salary as contemplated by Arkansas Constitution, Article 16, § 4:
(1)
Overtime payments as authorized by law;
(2)
Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law;
(3)
Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law;
(4)
Payment for the biweekly twenty-seven (27) pay periods; and
(5)
Payments for incentive, certificate, holiday, or working out of classification.
Added by Act 2013, No. 572,§ 2, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-121 - Allowance for meal tips

(a)
If authorized by the governing body of the municipality, reimbursements to municipal employees for the purchase of meals and meal tips shall be:
(1)
Based on the actual expense incurred; or
(2)
(A)
Made on a per diem basis.
(B)
A per diem reimbursement under subdivision (a)(2)(A) of this section shall be made under an accountable plan as defined by Internal Revenue Service regulations as in existence on January 1, 2017.
(b)
Reimbursement for meal tips under subsection (a) of this section shall not exceed fifteen percent (15%) of the purchase amount of the meal.
Added by Act 2017, No. 919,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-122 - City attorney in mayor-council cities of fewer than 10,000

(a)
(1)
If not established by ordinance that the office of the city attorney will be appointed, the qualified voters of cities of the first class having a population of fewer than ten thousand (10,000) and having the mayor-council form of government shall elect a city attorney for four (4) years on the Tuesday following the first Monday in November 2022 and every four (4) years thereafter.
(2)
An incumbent city attorney shall continue in office until his or her successor is elected and qualified.
(b)
(1)
If no attorney residing in the city is elected as city attorney, the city council may appoint a resident attorney to fill the office for the remainder of the unfilled term.
(2)
(A)
If no attorney of the city serves as city attorney by election or appointment or if no attorney resides within the municipal boundaries of the city, then upon a two-thirds vote the city council may contract with any licensed attorney of this state or the licensed attorney's law firm to serve as legal advisor, counselor, or prosecutor.
(B)
The duties of an attorney under contract shall be prescribed by ordinance.
Added by Act 2019, No. 609,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-42-101 — 14-42-123) › Section 14-42-123 - Uniform catastrophic leave program - Definition

(a)
As used in this section, "municipality" means a city of the first class, a city of the second class, or an incorporated town.
(b)
(1)
A municipality may develop, implement, and maintain a catastrophic leave program by ordinance.
(2)
A municipal employee may irrevocably donate his or her accrued leave to a catastrophic leave program at the option of the municipal employee.
(3)
A municipality may create a "presumptive illness list" of illnesses that are presumed to qualify for catastrophic leave, if the municipality creates the list based on peer-reviewed scientific data.
(c)
Catastrophic leave with pay may be granted to a municipal employee if the municipal employee is unable to perform his or her duties due to a catastrophic illness and is, or is reasonably expected to be, on leave without pay as a result of the need for catastrophic leave.
(d)
A municipal employee may be eligible for catastrophic leave under this section if the municipal employee:
(1)
Works full time;
(2)
Has been employed by the municipality for the immediately preceding five (5) consecutive years or more in a full-time position, unless the municipality determines a shorter term of years is appropriate;
(3)
Has exhausted all available leave time;
(4)
(A)
An acceptable medical certificate from a physician supporting the continuing absence is on file and includes without limitation an approximate date of return.
(B)
A municipality may require a municipal employee to receive more than one (1) physician opinion; and
(5)
Has not been disciplined or counseled for an abuse of leave during the immediately preceding five (5) years.
(e)
Unless the municipality determines otherwise, catastrophic leave is not available to a municipal employee under this section if the municipal employee has applied for catastrophic leave as a result of an illness or injury that is covered by workers' compensation benefits under applicable law.
(f)
Catastrophic leave under this section shall:
(1)
Run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3;
(2)
Be donated and taken in one-hour increments and donated or applied for on approved forms;
(3)
Not be awarded retroactively; and
(4)
Be awarded only if catastrophic leave is available in the municipality's catastrophic leave program.
Added by Act 2019, No. 883,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 2 - ELECTIONS (§§ 14-42-201 — 14-42-206) › Section 14-42-201 - Election of municipal officers generally

(a)
The general election for the election of municipal officials in all cities and incorporated towns shall be held on the Tuesday following the first Monday in November.
(b)
All municipal officials of the cities and towns of the State of Arkansas shall take office January 1 of the year following their election.
(c)
(1)
In addition to other residency requirements imposed by state law for municipal office holders, candidates for the positions of mayor, clerk, recorder, or treasurer must reside within the corporate municipal limits at the time they file as candidates and must continue to reside within the corporate limits to retain elective office.
(2)
In cities of the first class and cities of the second class, candidates for the position of council member shall reside within the corporate limits and their respective wards at the time they file as candidates for council member and when holding that office.
Amended by Act 2017, No. 879,§ 12, eff. 8/1/2017.
Acts 1949, No. 307, §§ 1-3; A.S.A. 1947, §§ 19-902.1 -- 19-902.3; Acts 1995, No. 555, § 1; 1995, No. 671, § 1; 1999, No. 642, § 1; 2001, No. 1833, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 2 - ELECTIONS (§§ 14-42-201 — 14-42-206) › Section 14-42-203 - Special elections of city mayors

(a)
Special elections of mayors of cities of the first class and cities of the second class shall be held at such time and place as the council directs in accordance with §
7-11-101
et seq.
(b)
In all cities there shall be a place appointed in each ward for holding elections, except in cities of the second class electing their council members citywide, where there may be one (1) public place only for holding elections.
(c)
Any person who, at the time of the election of municipal officers, is a qualified elector and registered to vote in the city precinct where he or she resides shall be deemed a qualified elector.
(d)
All elections shall be held and conducted in the manner prescribed by law for holding state and county elections, so far as the laws may be applicable.
Amended by Act 2017, No. 879,§ 13, eff. 8/1/2017.
Acts 1875, No. 1, § 71, p. 1; C. & M. Dig., § 7515; Acts 1937, No. 259, § 1; Pope's Dig., § 9574; Acts 1959, No. 114, § 1; 1985, No. 422, § 1; A.S.A. 1947, § 19-902; Acts 1997, No. 645, § 2; 2005, No. 2145, § 26; 2007, No. 1049, § 44; 2009, No. 1480, § 62.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 2 - ELECTIONS (§§ 14-42-201 — 14-42-206) › Section 14-42-204 - Election returns generally

(a)
The returns of all municipal corporations shall be made to the county board of election commissioners of the county in which the corporation is situated and shall be opened by them within three (3) days after their receipt.
(b)
(1)
The election board shall count the vote as it appears from the pollbooks, make an abstract thereof, and forward it to the mayor.
(2)
In like manner and without delay, the board shall furnish to each candidate elected a certificate of election or leave it at his or her usual place of abode.
Acts 1875, No. 1, § 72, p. 1; C. & M. Dig., § 7516; Pope's Dig., § 9576; A.S.A. 1947, § 19-903.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 2 - ELECTIONS (§§ 14-42-201 — 14-42-206) › Section 14-42-205 - Elections in municipalities situated in different counties

(a)
In all municipal elections in municipalities situated in two (2) or more counties, a candidate for municipal office shall file for office with the county clerk of the county with the highest population of the municipality based upon the most recent city federal census. The county clerk of the county with the highest population shall certify the municipal candidate to the other counties.
(b)
An independent candidate shall file a nominating petition with the county clerk with the highest population in the municipality. The county clerk of the county with the highest population in the municipality shall verify the signatures on a nominating petition from that county and, if necessary to verify signatures from a different county, shall forward the petition to the appropriate county clerk. That county clerk shall return the petition to the county clerk of the county with the highest population in the municipality within five (5) days of receipt. The county clerk of the county with the highest population in the municipality shall certify the sufficiency of the petition and, in order for the name of the candidate to be printed on all ballots, shall file the certification with each county board of election commissioners where the municipal election will be held.
(c)
In all municipal elections in municipalities situated in two (2) or more counties, the county board of election commissioners in the county in which fewer residents of the municipality reside shall certify the election results in municipal offices and issues in that portion of the municipality located in such county to the election board of the county in which the greater number of residents of the municipality reside.
(d)
The county board of election commissioners in which the greater population of the municipality resides shall tabulate the votes cast on municipal offices and issues and shall certify the election results to the mayor of the municipality as provided in §
14-42-204
.
Acts 1969, No. 450, § 1; A.S.A. 1947, § 19-903.1; Acts 1997, No. 729, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 42 - GOVERNMENT OF MUNICIPALITIES GENERALLY (§§ 14-42-101 — 14-42-425) › Subchapter 3 - CHARTERS FOR CITIES OF THE FIRST AND SECOND CLASS (§§ 14-42-301 — 14-42-311) › Section 14-42-301 - Construction

Nothing in this subchapter shall be construed to limit the powers of municipalities which shall continue to operate under the general laws of the State of Arkansas.
Acts 1953, No. 207, § 9; A.S.A. 1947, § 19-1059.