reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 13 - REDEMPTION OF PROPERTY (§§ 14-90-1301 — 14-90-1303) › Section 14-90-1302 - Waiver of right

(a)
(1)
If the owner of property sold to collect delinquent municipal improvement district assessments shall come into court at any time within the period allowed for redemption and shall waive his right of redemption, the court shall order the purchaser to pay the amount that may be going to him within twenty (20) days after service of a copy of the order made on him to that effect.
(2)
The payment shall be made into court for the benefit of the owner.
(b)
On failure of the purchaser to make the payment, the court shall make an order setting aside the sale and restoring the property to the owner free from all claims of the purchaser, upon payment into court for his use of the amount of the assessment, penalty, and costs, and twenty percent (20%) thereon, which shall be paid over to the purchaser on his application.
(c)
(1)
In case the certificate of purchase shall have been assigned, the notice provided for in this section may be served on the assignee holding it.
(2)
In case the owner of the certificate of purchase shall not be known and that fact shall be made apparent to the court, the court shall cause publication to be made of a copy of the order in some newspaper published in the city for two (2) insertions. The last insertion shall be at least two (2) weeks before the making of the order contemplated in this section.
Acts 1881, No. 84, § 24, p. 161; C. & M. Dig., §§ 5697, 5698; A.S.A. 1947, § 20-449.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1401 - Purpose

This subchapter is intended to supplement existing laws relative to foreclosure of assessment liens in municipal improvement districts.
Acts 1937, No. 207, § 8; Pope's Dig., § 7320; A.S.A. 1947, § 20-447.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1402 - Construction

This subchapter is to be cumulative and shall repeal only those statutes in direct conflict with it.
Acts 1937, No. 207, § 9; Pope's Dig., § 7321; A.S.A. 1947, § 20-448.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1403 - List of delinquent property

If any assessment, or annual installment thereof, levied by a municipal improvement district shall not be paid within the time provided by the city ordinance approving the assessment, the county tax collector shall add thereto a penalty of ten percent (10%) and shall at once return a list of all the property within the district on which the assessment or installment has not been paid to the board of improvement as delinquent.
Acts 1937, No. 207, § 1; Pope's Dig., § 7311; A.S.A. 1947, § 20-421.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1404 - Permanent record of delinquencies

(a)
(1)
When the suit with the delinquent list is filed with the county tax collector under this subchapter, the delinquent list of property shall be copied into a permanent record of delinquent lands.
(2)
The collector shall receive, as part of his costs, the sum of ten cents (10¢) for each separate line of description of property. This amount shall be paid by the plaintiff when the suit is filed and shall be taxed and collected as part of the cost and refunded to the plaintiff.
(b)
(1)
On the record of delinquent lands, the collector shall note all redemptions made prior to the date of sale.
(2)
The collector shall also note on the record the redemption of lands after the sale, first recording after the description of each piece of property to whom it was sold or if sold to the plaintiff.
Acts 1937, No. 207, § 7; Pope's Dig., § 7319; A.S.A. 1947, § 20-442.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1405 - Jurisdiction of court

(a)
Under this subchapter, the chancery court shall have the jurisdiction of suits brought to collect delinquent installments.
(b)
(1)
The court shall enter a decree against the lots, blocks, or parcels of land for the amount of the delinquent installments, together with penalty, attorney's fee, and costs.
(2)
The decree shall provide for the sale of the delinquent lands by a commissioner, for cash, after advertisement, as specified in §
14-90-1408
.
Acts 1937, No. 207, § 2; Pope's Dig., § 7312; Acts 1949, No. 195, § 18; A.S.A. 1947, § 20-441.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1406 - Proceedings in rem

(a)
Under this subchapter, proceedings shall in nature be in rem, and insofar as the rights of the purchaser are concerned, it shall be immaterial that the ownership of the lots, blocks, or parcels of land is incorrectly alleged in the proceedings.
(b)
The decree shall be enforceable only against the delinquent property and not against any other property or estate of the defendants or the true owners of the delinquent property.
(c)
In listing the lots, blocks, and parcels of land, they may be combined where they are constituent parts of a single improvement.
Acts 1937, No. 207, § 2; Pope's Dig., § 7312; Acts 1949, No. 195, § 18; A.S.A. 1947, § 20-441.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1407 - Property included in suit

In proceedings under this subchapter, all of the delinquent property in a municipal improvement district may and should be included in one (1) suit, and the suit may cover more than one (1) past due installment.
Acts 1937, No. 207, § 3; Pope's Dig., § 7315; Acts 1939, No. 130, § 1; A.S.A. 1947, § 20-443.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1409 - Trial, decree, and sale generally

(a)
(1)
Under this subchapter, a suit shall stand for trial at the first term of court, or adjourned day of court, after the complaint is filed, if the four (4) weeks shall expire either before the first day of the term or during the term of court to which the suits are brought, respectively, unless a continuance is granted for good cause shown, within the discretion of the court.
(2)
A continuance for good cause shown may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted.
(b)
(1)
In all cases where notice has been properly given as prescribed in §
14-90-1408
and where no answer has been filed, or, if filed, and the cause decided for the plaintiff, the court, by its decree, shall grant the relief as requested in the complaint and shall direct the commissioner to sell the lands, lots, blocks, or parcels of land, or railroad tracks and rights-of-way described in the complaint at the courthouse door of the county where the decree is entered, at public outcry, to the highest and best bidder, for cash in hand, after having first advertised the sale. This advertisement may include all the different properties described in the decree. It shall be published weekly for two (2) weeks, consecutively, in some newspaper published in the county, or, if there is no such newspaper, the advertisement may be published in some newspaper published in an adjoining county.
(2)
If all the lands, lots, blocks, or parcels of land, or railroad tracks and rights-of-way are not sold on the day as advertised, the sale shall continue, from day to day, until completed.
(c)
The commissioner shall, by proper deed, convey to the purchaser the lands, lots, blocks, or parcels of land, and railroad tracks and rights-of-way so sold, and the title to the property shall thereupon become vested in the purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or curators the right they now have by law to appear and contest the proceedings within three (3) years after their disabilities are removed.
Acts 1937, No. 207, § 4; Pope's Dig., § 7316; A.S.A. 1947, § 20-444.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1410 - Sale to plaintiff

At a sale under the provisions of this subchapter, if there be no purchaser offering as much as the total tax or assessment, plus penalty, interest, and all costs and attorney fees allowed, the property shall be sold to the plaintiff.
Acts 1937, No. 207, § 5; Pope's Dig., § 7317; A.S.A. 1947, § 20-445.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 90 - ASSESSMENTS BY MUNICIPAL IMPROVEMENT DISTRICTS (§§ 14-90-101 — 14-90-1411) › Subchapter 14 - SUPPLEMENTARY FORECLOSURE PROCEEDINGS (§§ 14-90-1401 — 14-90-1411) › Section 14-90-1411 - Redemption of property

Any person, firm, or corporation having an interest in any property sold under the provisions of this subchapter may redeem it as required by law. However, the chancery clerk, in writing up the certificate of redemption, shall not charge and receive more than fifty cents (50¢) for one (1) separate call of property as listed and sold, and the sum of twenty-five cents (25¢) for each additional call or description of property which the person, firm, or corporation so redeeming may require to be redeemed and placed on the certificate.
Acts 1937, No. 207, § 6; Pope's Dig., § 7318; A.S.A. 1947, § 20-446.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-91-101 — 14-91-107) › Section 14-91-101 - Plans and costs for improvements generally

(a)
(1)
Immediately after their qualification, a municipal board of improvement shall form plans for the improvement as requested in the petition and shall procure estimates of the cost thereof. All improvements shall be made with reference to the grades of streets and alleys as fixed, or may be fixed by the ordinances of the city or town.
(2)
For this purpose, the board may employ such engineers and other agents as may be needful and may provide for their compensation which, with all other necessary expenditures, shall be taken as a part of the cost of the improvement.
(b)
If for any cause the improvement shall not be made, the cost shall be a charge upon the real property in the district and shall be raised and paid by an ad valorem tax upon the real property in the district as assessed for the state and county purposes. This tax shall be levied by the city or town council, on the application of any person interested, and shall be paid to the board, to be distributed among the creditors of the district.
(c)
When any improvement is abandoned, it is made the duty of the board to report to the city or town council the total amount of the debts which it has incurred, to the end that the city or town council may make adequate provision for their payment.
Acts 1881, No. 84, § 4, p. 161; C. & M. Dig., § 5656; Acts 1929, No. 64, § 6; Pope's Dig., § 7290; A.S.A. 1947, § 20-301.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-91-101 — 14-91-107) › Section 14-91-102 - Approval of State Health Officer

(a)
In municipal waterworks and sewer improvement districts, the commissioners shall confer with the State Health Officer in forming their plans and specifications and shall not adopt any plans and specifications until they have been approved by the officer in writing.
(b)
A certificate of his approval shall be filed with the city clerk or town recorder.
Acts 1929, No. 64, § 7; Pope's Dig., § 7291; A.S.A. 1947, § 20-302.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-91-101 — 14-91-107) › Section 14-91-103 - Notice before paving streets

(a)
(1)
Before any street is paved, the commissioners on the board of improvement for a municipal improvement district may give notice to waterworks companies, gas companies, and other public service corporations of their intention to pave the street. They shall, in the notice, fix a reasonable time in which the public service corporations shall make excavations, for the purpose of laying down the service pipes and conduits to the property line.
(2)
Thereafter, it shall be unlawful for the public service corporations or for any individual to make any excavations in the streets, except upon condition of restoring the streets to their condition as they were before the excavation was made, and paying to the commissioners of the district, or, in case of their discharge, to the city or town, twenty-five dollars ($25.00) for each excavation.
(b)
(1)
The sum of twenty-five dollars ($25.00) shall be paid before the work of excavation is begun.
(2)
If the work of excavation is begun without this payment, the commissioners of the district or, in case of their discharge, the city or town may recover the sum of fifty dollars ($50.00) from the party undertaking the excavations, together with all costs and a reasonable attorney's fee, to be taxed by the court.
Acts 1913, No. 125, § 8; C. & M. Dig., § 5736; Pope's Dig., § 7380; A.S.A. 1947, § 20-310.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-91-101 — 14-91-107) › Section 14-91-104 - Eminent domain proceedings

(a)
(1)
A municipal board of improvement shall have power to enter upon any private property for the construction of any designed improvement.
(2)
Any damages that may be sustained thereby shall be paid out of the improvement fund.
(b)
(1)
If the person damaged and the board cannot agree on the sum to be paid for the damages, the person aggrieved may file his petition in the circuit court of the county, setting forth his grievance, and asking compensation therefor, making the board a party defendant.
(2)
The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties.
(3)
The case shall be advanced on the docket so as to have precedence of all other causes.
(4)
(A)
The judge of the circuit court may hold a special term at any time for the trial of any such cause, giving ten (10) days' notice to the parties of the time of holding that special term, which may be in writing.
(B)
The notice shall be served on the parties as a writ of summons is directed to be served unless it is waived by the parties or one of them.
(5)
(A)
The judge of the court may, in vacation, in case an agreement cannot be arrived at between the board and the owner of the property in relation to the damages claimed, fix an amount to be deposited with some person, to be designated by the court, before the entering upon and taking possession of the property to be used and taken as prescribed.
(B)
Upon the amount required being deposited and a certificate thereof filed in the cause, the work may proceed.
Acts 1881, No. 84, § 21, p. 161; C. & M. Dig., §§ 4022-4026; Pope's Dig., §§ 5024-5028; A.S.A. 1947, § 20-309.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-91-101 — 14-91-107) › Section 14-91-105 - Injunctions

No injunction shall issue to restrain the prosecution of any work contemplated by this act. Rather, any person injured shall seek his relief by proceedings at law, within the time provided, or he shall be deemed to have waived it. However, an injunction may issue where an illegal assessment shall be sought, under the color of this act, to be enforced.
Acts 1881, No. 84, § 20, p. 161; C. & M. Dig., § 5740; Pope's Dig., § 7381; A.S.A. 1947, § 20-314.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-91-101 — 14-91-107) › Section 14-91-106 - Suits on bonds

Suit may be brought by and in the name of a municipal board of improvement upon any bond given to the board, but the sum recovered shall be for the use of the fund of the improvement district for which the bond was given.
Acts 1881, No. 84, § 14, p. 161; C. & M. Dig., § 5738; Pope's Dig., § 7365; A.S.A. 1947, § 20-312.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-91-101 — 14-91-107) › Section 14-91-107 - Exemption from liability

No member of any municipal board of improvement shall be liable for any damages sustained by anyone in the prosecution of the work under his charge, unless it shall be made to appear that the member has acted with a corrupt or malicious intent.
Acts 1881, No. 84, § 19, p. 161; C. & M. Dig., § 5734; Pope's Dig., § 7362; A.S.A. 1947, § 20-313.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 2 - CONSTRUCTION OF IMPROVEMENTS GENERALLY (§ 14-91-201) › Section 14-91-201 - Powers of improvement boards

(a)
Municipal boards of improvement shall have control of the construction of the improvements in their improvement districts.
(b)
The boards may advertise for proposals for doing any work by contract and may accept or reject any proposals.
(c)
All contractors shall be required to give bond for the faithful performance of such contracts as may be awarded them, with good and sufficient securities, in double the amount of the contract work, and the board shall not remit or excuse the penalty or forfeiture of the bond for the breaches thereof.
(d)
The boards may appoint all necessary agents for carrying on the work and may fix their pay.
(e)
The boards may buy all necessary material and may sell any such materials or implements as may be on hand, and which may not be necessary for the completion of the improvement under way, or which may have been completed.
(f)
The boards may, in general, make all contracts in the prosecution of the work as may best subserve the public interest.
Acts 1881, No. 84, § 17, p. 161; C. & M. Dig., §§ 5710, 5737; Pope's Dig., §§ 7349, 7364; A.S.A. 1947, § 20-311.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 3 - CONSTRUCTION IN LEVEE OR FLOOD CONTROL DISTRICTS (§§ 14-91-301 — 14-91-309) › Section 14-91-301 - Applicability

This subchapter shall apply to any municipal levee or flood control district organized and existing under the laws of the State of Arkansas relative to the formation of improvement districts in cities and towns but shall not apply to any rural improvement district.
Acts 1947, No. 23, § 5; A.S.A. 1947, § 20-337.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 3 - CONSTRUCTION IN LEVEE OR FLOOD CONTROL DISTRICTS (§§ 14-91-301 — 14-91-309) › Section 14-91-302 - Definition

As used in this subchapter, unless the context otherwise requires, "levees and flood control projects" mean all sumps, drainage structures, and other works reasonably necessary or desirable for the construction, operation, and maintenance of a levee or flood control project.
Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 3 - CONSTRUCTION IN LEVEE OR FLOOD CONTROL DISTRICTS (§§ 14-91-301 — 14-91-309) › Section 14-91-303 - Authority generally

(a)
Any municipal levee or flood control improvement district organized and existing in accordance with the laws of the State of Arkansas relative to the formation of improvement districts in cities or towns may construct and maintain, or cause to be constructed and maintained, levees and flood control projects under, over, across, and along the waters and lands belonging to this state and along and over the public streets and highways of the municipality in which the district is located.
(b)
(1)
The district may also construct and maintain levees and flood control projects upon, along, and across any railroad right-of-way, on and over any lands belonging to the municipality in which the district is located, and on and over any lands belonging to the county in which the district is located, and on and over the lands belonging to corporations and individuals.
(2)
The ordinary use of the railroads shall not be obstructed and just damages shall be paid to the owners of any land structure and railroad right-of-way taken by eminent domain.
Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 3 - CONSTRUCTION IN LEVEE OR FLOOD CONTROL DISTRICTS (§§ 14-91-301 — 14-91-309) › Section 14-91-304 - Agreements with federal government

(a)
A municipal levee or flood control improvement district may enter into contracts with the federal government, or any of its agencies, for the construction of levee or flood control projects and may give such assurances to the federal government, or any of its agencies, as may be required by or under any act of Congress, subject only to such limitations as may be imposed on the district by the Constitution of the State of Arkansas or the acts of the General Assembly under which the district is organized.
(b)
The district may authorize the federal government, and its officers, agents, and contractors, to construct levee and flood control projects and to enter upon lands or rights-of-way acquired or occupied by the district pursuant to the terms of this subchapter.
Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 3 - CONSTRUCTION IN LEVEE OR FLOOD CONTROL DISTRICTS (§§ 14-91-301 — 14-91-309) › Section 14-91-305 - Assistance by municipality

(a)
The municipality in which a municipal levee or flood control district is located may enter into contracts with, and give assurances to, the federal government, or any of its agencies, that the municipality, on completion of the project, will operate and maintain it.
(b)
The municipality may, from its own funds, assist the district and it may also donate to the district, by proper conveyance, any land belonging to the municipality reasonably necessary or desirable for the construction, maintenance, and operation of the project.
Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 3 - CONSTRUCTION IN LEVEE OR FLOOD CONTROL DISTRICTS (§§ 14-91-301 — 14-91-309) › Section 14-91-306 - Authorization to use county land

The county court in which a municipal levee or flood control district is located may, by its order, authorize the district, without the payment of compensation or damages, to enter upon and use any land belonging to the county which is reasonably required or desirable for the construction, operation, and maintenance of the project upon a finding by the court that the interests of the public and the county will be benefited thereby.
Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 3 - CONSTRUCTION IN LEVEE OR FLOOD CONTROL DISTRICTS (§§ 14-91-301 — 14-91-309) › Section 14-91-307 - Right to acquire lands

A municipal levee or flood control improvement district may acquire and occupy all lands and rights-of-way reasonably necessary or desirable for the construction, operation, and maintenance of levees and flood control projects.
Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 3 - CONSTRUCTION IN LEVEE OR FLOOD CONTROL DISTRICTS (§§ 14-91-301 — 14-91-309) › Section 14-91-308 - Failure to obtain rights by agreement

In the event the district shall fail, upon application to the individuals, corporations, railroads, county, or municipality, to secure the needed right-of-way or lands by consent, contract, or agreement or if the owners of them are unknown, uncertain, nonresidents, or under disability, then the district shall have the right to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in §
14-91-309
.
Acts 1947, No. 23, § 2; A.S.A. 1947, § 20-335.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 4 - OPERATION OF FACILITIES GENERALLY (§§ 14-91-401 — 14-91-402) › Section 14-91-401 - Operation of water and electric light plants in cities of the first class

(a)
The commissioners on boards of improvement for water and electric light improvement districts in cities of the first class shall control and manage the affairs of the district until the bonds issued to pay therefor and all other indebtedness have been retired. At that time, they shall turn over the works to the city council or other governing body of the city, together with any and all cash on hand, bonds, or other securities, resulting from the operation of the water or electric light plant.
(b)
(1)
As long as the commissioners continue to operate the water and electric light districts, they shall make an annual report to the city or town council showing, in detail, all receipts and disbursements made by them.
(2)
(A)
(i)
As long as they continue such operation, they shall have the right to fix the rates to be paid by consumers of water and electric light or power.
(ii)
The rates shall be fixed as nearly as possible at amounts which will pay the bonds of the district as they mature, so as to relieve the real property of the district as far as possible from the burden of taxation therefor.
(B)
(i)
From the rates fixed by the board, any property owner may take an appeal to the circuit court of the county, which shall confirm or set aside the rates as it finds just.
(ii)
If it sets aside rates fixed by the board, it shall itself fix rates which will be reasonable and adequate for the purposes prescribed.
Acts 1929, No. 64, § 18; Pope's Dig., § 7367; Acts 1949, No. 242, § 1; A.S.A. 1947, § 20-315.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 4 - OPERATION OF FACILITIES GENERALLY (§§ 14-91-401 — 14-91-402) › Section 14-91-402 - Operation of waterworks, gas, or electric light works

(a)
In case of the construction of waterworks or gas or electric light works by any municipal improvement district, the city or town council, after the works are constructed, shall have full power and authority to operate and maintain them instead of the improvement district board.
(b)
The council may supply water and light to private consumers and make and collect uniform charges for the service and apply the income therefrom to the payment of operating expenses and maintenance of the works.
Acts 1893, No. 158, § 2, p. 271; C. & M. Dig., § 5739; Pope's Dig., § 7366; A.S.A. 1947, § 20-316.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 6 - CONTINUANCE OF DISTRICTS FOR MAINTENANCE AND REPAIR (§§ 14-91-601 — 14-91-605) › Section 14-91-601 - Procedure generally

(a)
(1)
All improvement districts in cities and towns organized under §§
14-88-203
-
14-88-205
,
14-88-207
-
14-88-210
,
14-88-301
-
14-88-303
,
14-88-305
,
14-88-306
,
14-88-308
, and
14-88-407
may be prolonged or continued after the completion of the improvement for which they were organized for the purpose of maintaining and keeping those improvements in a good state of repair, upon a petition of a majority in value of the owners of real property within the district adjoining the locality to be affected, to the city or town council, requesting that the life of the district be prolonged or continued for that purpose.
(2)
The petition shall designate the time during which the maintenance and repair shall be undertaken, and the manner and estimated cost thereof, requesting that the cost be assessed and charged upon the real property situated within the district.
(b)
(1)
Thereupon, the council shall provide by ordinance for the prolongation or continuation of the district as requested, and the board of assessors shall thereupon assess the value of all benefits to be received by the land owned by reason of the maintenance and keeping in repair of the improvement as affecting each of the blocks, lots, or parcels of land within the district.
(2)
The board shall at once proceed to inscribe in the assessment book of the district the value of the benefits to accrue to each of the blocks, lots, or parcels of land.
Acts 1909, No. 245, § 1, p. 742; C. & M. Dig., § 5728; Acts 1921, No. 477, § 1; Pope's Dig., § 7384; A.S.A. 1947, § 20-317.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 6 - CONTINUANCE OF DISTRICTS FOR MAINTENANCE AND REPAIR (§§ 14-91-601 — 14-91-605) › Section 14-91-602 - Levy of assessment

(a)
The city or town council shall provide, by ordinance, for the levy of the assessment of the benefits as made by the assessors under §
14-91-601
and shall fix the day in the year when the assessment shall be paid.
(b)
The assessment shall be a charge and lien against all the real property in the district from the date of the ordinance and shall be entitled to preference over all judgments, executions, encumbrances, or liens whensoever created, except the lien for original assessment, and shall continue until the assessments, with any penalty and costs that may accrue, shall be paid.
(c)
As between grantor and grantee, all payments not due at the date of the transfer of the real property shall be payable by the grantee.
Acts 1909, No. 245, § 4, p. 742; C. & M. Dig., § 5731; Pope's Dig., § 7387; A.S.A. 1947, § 20-320.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 6 - CONTINUANCE OF DISTRICTS FOR MAINTENANCE AND REPAIR (§§ 14-91-601 — 14-91-605) › Section 14-91-603 - Limitations on assessment

The assessments for maintenance and repair made pursuant to §
14-91-601
may be in addition to the twenty percent (20%) maximum assessment permitted for the original cost of the improvement by §
14-90-801
, but no additional assessment shall be made in excess of five percent (5%) of the value of the real property in the district as shown by the last county assessment, and not more than ten percent (10%) of the additional assessment of benefits shall be collected in any one (1) year.
Acts 1909, No. 245, § 3, p. 742; C. & M. Dig., § 5730; Pope's Dig., § 7386; A.S.A. 1947, § 20-319.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 6 - CONTINUANCE OF DISTRICTS FOR MAINTENANCE AND REPAIR (§§ 14-91-601 — 14-91-605) › Section 14-91-604 - Readjustment of assessment

The assessment made pursuant to §
14-91-601
may be annually readjusted according to additional improvements upon the lands by board of assessors. Immediately upon the recording of the assessment, notice thereof shall be inserted in some newspaper, and appeals may be filed and shall be heard and disposed of all in the same manner as provided by law for publishing notice of and protesting against the original assessment for the improvement.
Acts 1909, No. 245, § 2, p. 742; C. & M. Dig., § 5729; Pope's Dig., § 7385; A.S.A. 1947, § 20-318.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 6 - CONTINUANCE OF DISTRICTS FOR MAINTENANCE AND REPAIR (§§ 14-91-601 — 14-91-605) › Section 14-91-605 - Law controlling assessments

Under this subchapter, the publication of a copy of the ordinance, the infliction of a penalty for nonpayment, and the enforcement and foreclosure of the lien shall all be had and done in the same manner as is provided in reference to the original assessment.
Acts 1909, No. 245, § 5, p. 742; C. & M. Dig., § 5732; Pope's Dig., § 7388; A.S.A. 1947, § 20-321.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 7 - NEW DISTRICTS TO ENLARGE OR RECONSTRUCT EXISTING WORKS (§ 14-91-701) › Section 14-91-701 - Formation generally

(a)
It shall be lawful for an improvement district in a city or town to be formed for the purpose of enlarging or reconstructing waterworks and electric light plants previously constructed by other improvement districts or owned or controlled by the city or town council, and extending the pipes, wires, and other equipment for it.
(b)
The district shall be organized and all the proceedings in it had in pursuance of the provisions of the laws governing improvement districts in cities and towns.
(c)
The council, the commissioners of the improvement district board, and assessors shall have the powers and duties prescribed thereby.
(d)
When the improvement districts are organized, possession and control of the waterworks and electric light plants shall be taken by the commissioners in the districts.
(e)
When the work of the improvement is finished and all debts of the preceding districts have been paid, the control of the waterworks and electric light plants shall pass to the council, as provided by §
14-91-402
.
(f)
The commissioners may secure the payment of any borrowed money by a mortgage on the plant and a first lien pledge and mortgage of the assessment of benefits made on the reconstruction.
Acts 1915, No. 5, § 10; C. & M. Dig., § 57271/2; A.S.A. 1947, § 20-338.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 8 - IMPROVEMENT OF WATER PLANTS FOR VETERANS' HOSPITALS (§§ 14-91-801 — 14-91-802) › Section 14-91-801 - Authority generally

All water improvement districts in any and all of the cities of the first and second class of the State of Arkansas that may be designated as sites for United States Veterans' Hospitals and their respective boards of managers and boards of improvements, or any of them, are authorized to extend, develop, and improve water plants and systems, and to acquire real estate as to them may seem necessary and advisable for this purpose. They may issue their certain negotiable promissory obligations in payment thereof, payable out of the surplus, from year to year, of the revenue arising from the operation of any such plant of the district, after all operating expenses have been paid or provided for, and to sell and negotiate such obligations for the purpose of securing cash funds with which to so extend, develop, and improve the plant and to acquire real estate.
Acts 1932 (2nd Ex. Sess.), No. 3, § 1; A.S.A. 1947, § 20-325.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 8 - IMPROVEMENT OF WATER PLANTS FOR VETERANS' HOSPITALS (§§ 14-91-801 — 14-91-802) › Section 14-91-802 - Assistance by city

All cities of the first and second class in this state are authorized, by ordinance, in consideration of the benefits to be received by the cities by reason of the matters set out in §
14-91-801
, to obligate itself to aid or assume the obligations of the improvement districts, or of its board of managers or board of improvement, payable out of the surplus revenues of the city, after the necessary expenses of the city have been paid or provided for. They shall be paid out of such surplus, from year to year, until the obligations assumed shall have been fully paid.
Acts 1932 (2nd Ex. Sess.), No. 3, § 2; A.S.A. 1947, § 20-326.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 9 - SEWER CONNECTIONS TO LANDS OUTSIDE DISTRICT (§§ 14-91-901 — 14-91-903) › Section 14-91-901 - Authority to connect

All municipal sewer improvement districts shall have authority to permit lands outside the boundaries of the district to connect sewer lines serving the lands with the sewer lines and mains of the district and to make a charge for this privilege.
Acts 1941, No. 53, § 1; A.S.A. 1947, § 20-332.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 9 - SEWER CONNECTIONS TO LANDS OUTSIDE DISTRICT (§§ 14-91-901 — 14-91-903) › Section 14-91-902 - Terms of connection

(a)
The commissioners on the board of a municipal sewer improvement district shall have the right to consent to or refuse to allow connections within their discretion.
(b)
(1)
The connections shall be made on such terms as the commissioners may dictate. However, no lands outside of the district shall be permitted to connect with the sewer line of the district except upon payment to the district of a sum equal to the charge made against similarly benefited lands within the district.
(2)
In case such connections have been made without the payment of a charge for the connection, the district may refuse to allow sewer service to the lands until permission for the connection is granted and the charge for the service is paid to the district.
Acts 1941, No. 53, § 2; A.S.A. 1947, § 20-333.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 9 - SEWER CONNECTIONS TO LANDS OUTSIDE DISTRICT (§§ 14-91-901 — 14-91-903) › Section 14-91-903 - Recording required

(a)
In any instance where a municipal sewer improvement district has contracted for the furnishing of sanitary sewer service to lands lying outside the boundaries of the district, that district shall cause to be recorded, in the land records of the county in which the land is located, an instrument containing:
(1)
A full and complete description of the lands which are subject to the contract;
(2)
A fair summary of the terms and provisions of the contract; and
(3)
Such other information as might be pertinent to the transaction.
(b)
If the instrument referred to in subsection (a) of this section is not recorded as there required, a subsequent purchaser of all, or any part, of the land covered by the contract shall have the right to connect improvements located on the lands to the sanitary sewer lines of the district without charge for the connections, unless the purchaser had actual notice of the contract and the terms thereof concerning connection charges.
Acts 1969, No. 304, §§ 1, 2; A.S.A. 1947, §§ 20-333.1, 20-333.2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 91 - CONSTRUCTION, OPERATION, REPAIR, AND SALE OF MUNICIPAL IMPROVEMENTS (§§ 14-91-101 — 14-91-1106) › Subchapter 10 - SALE OF WATERWORKS (§§ 14-91-1001 — 14-91-1006) › Section 14-91-1002 - Proceedings to approve sale

(a)
The council of any municipal corporation may sell its system of waterworks, together with the right to operate it, when they shall determine, by resolution adopted by a majority vote of the council, that it would be for the best interest of the town or city that the sale be consummated.
(b)
(1)
Before any such sale shall be consummated, there shall be filed, within one (1) year after the adoption of the resolution, with the council a petition signed by a majority in value as shown by the last county assessment of the owners of real property within the town or city proposing to make the sale, asking that the sale be made and stating the minimum price at which the sale shall be made, which shall in no event be a sum less than the appraised value thereof.
(2)
(A)
Upon the filing of this petition, the council of the city or town shall give notice by publication once a week for two (2) weeks in some newspaper published in the county in which the city or town is located, advising the owners of real property within the city or town that on a day therein named the council of the city or town will hear the petition and determine whether those signing it constitute a majority in value of the owners of real property.
(B)
(i)
At the meeting named in the notice, the owners of real property within the city or town shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value.
(ii)
The finding of the council shall be conclusive unless, within thirty (30) days thereafter, suit is brought to review its action in the chancery court of the county in which the city or town lies.
(C)
In determining whether those signing the petition constitute a majority in value of the owners of the real property within the city or town, the council and the chancery court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instruments.
Acts 1929, No. 103, § 2; Pope's Dig., § 7396; A.S.A. 1947, § 20-328.