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 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-233 - Notice of delinquency

(a)
County tax collectors shall, at least once annually, send a delinquency notification to each property owner who is delinquent in the payment of the assessed benefits levied by suburban improvement districts formed under this subchapter.
(b)
The notice shall be mailed to the last known address of the delinquent property owner and shall include an identification of the property, the amount of the delinquency, and any interest or penalties thereon.
Acts 1983, No. 903, § 1; A.S.A. 1947, § 20-745.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-234 - Notes, bonds, or evidences of debt

(a)
(1)
In order to meet preliminary expenses and to do the work, the board of commissioners may issue negotiable notes or bonds of the suburban improvement district signed by the chair and secretary of the board and bearing such rate or rates of interest as shall be determined by the board and may pledge and mortgage all assessments of benefits of the district and all or any part of the profits of the district derived from its operation of any waterworks, sewer system, gas system, recreational facilities, or hospital to the payment of the notes and bonds.
(2)
The board may also issue to the contractors who do the work negotiable evidences of debt bearing interest at the same rate or rates prescribed by the board and secure them in the same manner.
(3)
With the consent of the sellers of improvements, as provided in this chapter, it may issue to the sellers negotiable notes or bonds of the district bearing interest at the rate or rates prescribed by the board covering all or a portion of the purchase price of the improvements and secure the notes or bonds in the same manner as provided in this section.
(4)
As further security for the payment of any such indebtedness, the members of the board of any district organized for the construction of waterworks or water pipes, tanks, and wells, sewer systems, gas pipelines, recreational facilities, or hospitals may be resolved to establish the water or sewer rates, rates for use of gas pipelines, rates for use of recreational facilities, or rates for use of the hospitals to be collected from the users thereof. The board may mortgage any or all of its property, including the system, buildings, equipment, lands, leases, easements, and rights-of-way.
(b)
No bonds issued under the terms of this subchapter shall run for more than thirty (30) years, and all issues of bonds may be divided so that a portion thereof may mature each year as the assessments, revenues, or profits from the systems are collected, or they may all be made payable at the same time, with proper provision for a sinking fund.
(c)
The bonds shall not be sold for less than par without the unanimous vote of the board.
Acts 1941, No. 41, § 16; 1967, No. 286, § 4; 1969, No. 230, § 3; 1970 (Ex. Sess.), No. 53, § 1; 1981, No. 703, § 3; A.S.A. 1947, § 20-716; Acts 1997, No. 1134, §§ 3, 4; 2007, No. 602, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-235 - Payment of bonds

(a)
(1)
All bonds issued by a board of commissioners for a suburban improvement district under the terms of this subchapter shall be secured by a lien on all real property in the district that will be benefited by the acquiring or making of the improvement financed with the proceeds of such bonds.
(2)
(A)
The board shall see to it that a tax is levied annually and collected under the provisions of this subchapter, so long as it may be necessary to pay any bond issued or obligation contracted under its authority.
(B)
The making of said assessment or levy and collection may be enforced by mandamus.
(b)
(1)
(A)
If any bond or interest coupon on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of any court of competent jurisdiction, on application of any holder of the bond or interest coupon so overdue, to appoint a receiver to collect the taxes and an assessor to reassess the benefits, if necessary.
(B)
The proceeds of the taxes and collections shall be applied after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued by the board which are then due and payable.
(2)
(A)
The receiver may be directed, by suit, to foreclose the lien of taxes on lands.
(B)
The suits so brought by the receiver shall be conducted in all matters as suits by the board as provided in this subchapter and with like effect, and the decree and deeds therein shall have the same presumption in their favor.
(c)
When all the sums have been paid, the receiver shall be discharged and the affairs of the district conducted by the board as provided in this subchapter.
Acts 1941, No. 41, § 19; A.S.A. 1947, § 20-719; Acts 1997, No. 1134, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-236 - Public contributions to road or street improvement districts

(a)
(1)
The county court is authorized to turn over to any road or street improvement district organized under this subchapter that proportion of the road tax, as may be just and equitable, or any portion of the automobile or gasoline tax.
(2)
The county court is further authorized to contribute these funds in money or scrip to the expense of the improvement from the general revenue of the county as it may deem appropriate.
(b)
(1)
Any such district is authorized to receive any part of the funds that may be set aside by the United States Government for the improvement of public roads and any that may be set aside by the government of this state for aid in the improvement of public roads.
(2)
The board of commissioners of the district and the Arkansas Department of Transportation are authorized and directed to take such action as may be necessary to secure any of these funds for these districts as an improvement of a part of the public roads of the state in which the state has an interest.
Amended by Act 2017, No. 707,§ 25, eff. 8/1/2017.
Acts 1941, No. 41, § 27; A.S.A. 1947, § 20-726.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-238 - Lien for preliminary expenses

(a)
In case, for any reason, the improvement contemplated by any suburban improvement district organized under this subchapter is not made, the preliminary expense shall be a first lien upon all the land in the district and shall be paid by a levy of a tax thereon upon the assessed value for county and state taxation.
(b)
The levy shall be made by the chancery court of the county and shall be collected by a receiver to be appointed by the court.
Acts 1941, No. 41, § 22; A.S.A. 1947, § 20-722.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-239 - Continued existence of district

Suburban improvement districts shall not cease to exist upon the acquiring, construction, or completion of the improvement but shall continue to exist for the purpose of preserving, maintaining, and operating the improvement, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in this subchapter. To this end, the board of commissioners may, from time to time, make such additional levies based upon the assessment of benefits as may be necessary for these purposes. However, the amount of the total levies shall not exceed the assessed benefits and interest thereon.
Acts 1941, No. 41, § 18; 1953, No. 420, § 3; 1963, No. 150, § 1; 1967, No. 286, § 5; A.S.A. 1947, § 20-718.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-301 - Authority to contract

(a)
Where there are contiguous or adjacent districts organized under the suburban improvement district laws or the municipal improvement district laws for either water, sewer or gas pipeline services, or any combination thereof, it shall be permissible for all or any two (2) or more of such districts, suburban, municipal, or any combination thereof, to enter into a contract with each other for the joint operation, maintenance, improvement, enlargement, and betterment of their respective systems or of the consolidated system, to be paid for by charges for the services.
(b)
(1)
Any such district which has paid its outstanding bonds in indebtedness, but which has not been turned over to the municipality for operation, may join in contracts for joint operation.
(2)
Any facilities constructed by any districts outside their boundaries shall be included in the consolidated systems.
Acts 1959, No. 262, § 1; A.S.A. 1947, § 20-732; Acts 1997, No. 1134, § 6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-302 - Commission members

(a)
(1)
When two (2) or more districts enter into a contract described in §
14-92-301
, they shall jointly petition the county judge of the county in which the districts lie to appoint a commission of three (3) members, all of whom shall be property owners and electors within the territory affected.
(2)
In the event there are more than two (2) districts joining in the petition, no two (2) of the commissioners shall be appointed from the same district.
(b)
The members of the commission shall proceed to organize by:
(1)
First taking the oath of office as prescribed for a commissioner of a suburban improvement district;
(2)
Electing a chairman and a secretary; and
(3)
Selecting a name for the consolidated system.
(c)
(1)
The commission members shall have the authority to carry out the powers conferred by this subchapter.
(2)
In all other respects, the commission shall be governed by and have all the authority of §
14-234-301
et seq.
Acts 1959, No. 262, § 4; A.S.A. 1947, § 20-735.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-303 - Authority as body politic

(a)
Any consolidation of improvement districts shall be a body politic as a governmental and political subdivision of the state.
(b)
The consolidated systems shall exercise the authority conferred in this subchapter according to the provisions, applicable and not in conflict herewith, of §
14-234-201
et seq. for the details of the issuance of revenue bonds, the pledge in the resolution of the commissioners, the determination of revenue for the payment of bonds, depreciation account, audits, rights of bondholders, and all other matters connected therewith.
Acts 1959, No. 262, § 2; A.S.A. 1947, § 20-733.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-304 - Resolution for financial matters

(a)
After the execution of the contract for consolidation, the commissioners provided for in §
14-92-302
shall adopt a resolution setting forth their estimate of the cost of retiring outstanding bond issues, together with the cost of the contemplated improvements and betterments, and a brief description thereof, and provide for the issuance of revenue bonds including the amount, rate of interest, time and place of payment, and other details connected with them.
(b)
The resolution shall also:
(1)
Declare that a statutory mortgage lien shall exist upon the property of the consolidated system;
(2)
Fix the minimum rates to be collected prior to the payment of the bonds; and
(3)
Pledge the revenues derived from its services for the purpose of paying the bonds and interest.
Acts 1959, No. 262, § 2; A.S.A. 1947, § 20-733.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-305 - Notice and hearing on bonds

(a)
After the adoption of the resolution, it shall be published once in a newspaper published in the county where the system lies. If there is no newspaper so published, then the resolution shall be posted in at least three (3) public places in the county, with a notice to all persons concerned stating that the resolution has been adopted, that the consolidated system contemplates the issuance of the bonds so described, and that any person interested may appear before the county judge of the county upon a certain date, not less than ten (10) days subsequent to the publication or posting, to present protests.
(b)
The judge shall hear all objections and suggestions and take such action as he shall deem proper in the premises.
Acts 1959, No. 262, § 3; A.S.A. 1947, § 20-734.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-306 - Borrowing of money

(a)
Consolidated systems may borrow money to pay and discharge any outstanding bond issues and indebtedness of the districts joining in the consolidations and may borrow money also for improvement, enlargement, and betterment of the facilities of the consolidated systems.
(b)
To accomplish these purposes, the consolidated systems may issue negotiable coupon bonds or certificates of indebtedness evidencing the money so borrowed, to:
(1)
Be secured solely by a pledge of the net revenues derived from the operation of the facilities;
(2)
Bear interest not to exceed six percent (6%) per annum;
(3)
Mature at such times and places as the issuer shall decide best, but in no event to mature later than forty (40) years after date of issue;
(4)
Be issued with such terms of payment, call provisions, and interest rates as the issuer may decide best; and
(5)
Be sold with the privilege of conversion to lower interest rates.
Acts 1959, No. 262, § 1; A.S.A. 1947, § 20-732.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-307 - Schedule of rates

The commission of the consolidated systems shall have the power to fix the schedule of rates for its services.
Acts 1959, No. 262, § 6; A.S.A. 1947, § 20-737.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-308 - Use of net revenues

(a)
The net revenues from a joint operation shall be used first to pay the principal and interest as they mature of revenue bonds issued under this subchapter.
(b)
Any remaining net revenues may be used to provide funds or pay bonds and interest issued for improvements, extensions, and betterments.
Acts 1959, No. 262, § 5; A.S.A. 1947, § 20-736.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-309 - Extension of facilities

(a)
(1)
Consolidated systems may extend facilities to serve adjacent or nearby areas without applying for a certificate of convenience and necessity.
(2)
These systems shall not be limited by the original boundaries of the districts joining in the consolidation.
(b)
The operations shall be a governmental function of the consolidated systems, and they may not be required to so extend their services.
Acts 1959, No. 262, § 7; A.S.A. 1947, § 20-738.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 3 - CONSOLIDATED SYSTEMS FOR JOINT OPERATION (§§ 14-92-301 — 14-92-310) › Section 14-92-310 - Right of eminent domain

For the purpose of carrying out the provisions of this subchapter, the consolidated systems shall have the right of eminent domain as is provided in §§
18-15-301
-
18-15-307
.
Acts 1959, No. 262, § 8; A.S.A. 1947, § 20-739.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 4 - SALE OF PROPERTY BY DISTRICT (§§ 14-92-401 — 14-92-403) › Section 14-92-401 - Petition by landowners

(a)
(1)
The owners of a two-thirds (2/3) majority in value as shown by the last county assessment of the real property within any suburban improvement district may, by written petition, require the board of commissioners of the district to sell all or any portion of the real or personal property, or both, owned by the district.
(2)
(A)
The petition shall specify with reasonable certainty what property is to be sold and shall stipulate the sale price and may specify such other terms and conditions of the sale as to the petitioners may seem desirable.
(B)
The sale price shall in no event be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the property to be sold.
(b)
Upon the filing of the petition, the board shall give notice by publication once a week for two (2) weeks in some newspaper having a general circulation throughout the district, advising the owners of real property within the district that on a day therein named the commissioners will hear the petition and determine whether those signing it constitute a two-thirds (2/3) majority in value of the owners of real property within the district.
(c)
(1)
At the meeting named in the notice, the owners of real property within the district shall be heard before the board which shall determine whether the signers of the petition constitute a two-thirds (2/3) majority in value.
(2)
(A)
The finding of the commissioners 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 district was organized.
(B)
In determining whether those signing the petition constitute a two-thirds (2/3) majority in value of the owners of the real property within the district, the commissioners and the court shall be guided by the record of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.
Acts 1965, No. 377, § 1; A.S.A. 1947, § 20-740.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 4 - SALE OF PROPERTY BY DISTRICT (§§ 14-92-401 — 14-92-403) › Section 14-92-402 - Procedure for sale

Upon determination of the sufficiency of the petition, the board of commissioners shall proceed to sell the property which the property owners have petitioned to have sold, subject to the terms of the petition.
Acts 1965, No. 377, § 2; A.S.A. 1947, § 20-741.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 4 - SALE OF PROPERTY BY DISTRICT (§§ 14-92-401 — 14-92-403) › Section 14-92-403 - Provisions cumulative

This subchapter shall not be deemed to repeal any other legislation authorizing the sale of improvement district property, but shall be cumulative to all such existing legislation.
Acts 1965, No. 377, § 3; A.S.A. 1947, § 20-741n.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 5 - SYSTEMS TURNED OVER TO MUNICIPALITIES (§§ 14-92-501 — 14-92-502) › Section 14-92-501 - Applicability

Any municipality that has a population of twenty-five thousand (25,000) or more according to the last federal census shall be entitled to exercise the authority conferred by this subchapter.
Acts 1959, No. 146, § 1; A.S.A. 1947, § 20-730.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 5 - SYSTEMS TURNED OVER TO MUNICIPALITIES (§§ 14-92-501 — 14-92-502) › Section 14-92-502 - Water or sewer systems

(a)
In those cases where improvement districts have been organized under the suburban improvement district law, or any consolidation of suburban and municipal improvement districts, either for furnishing of water or sewer services, or both, and all, or any part, of it lies outside a municipality within the class affected by this subchapter which desires to operate it as a municipal waterworks or a municipal sewer system, the boards of commissioners of the suburban district, in order to secure more adequate service for the inhabitants within the district, shall have the authority to turn over to the municipality the operation and maintenance of the system.
(b)
(1)
The municipality may issue revenue bonds, fix the rates for the services, and use the net revenues from the operation to pay the principal and interest and paying charges of its revenue bonds for payment and discharge of the outstanding bonds of the districts.
(2)
If the net revenues are not sufficient to prevent a default in the bonds or interest, a tax sufficient to produce enough revenue to cure the default shall be levied on the assessments of benefits in the districts.
(3)
Nothing in this section shall impair the rights of the holders of the outstanding bonds to demand and receive sufficient annual collections on the assessments of benefits to meet interest and principal payments as they become due.
Acts 1959, No. 146, § 2; A.S.A. 1947, § 20-731.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 6 - COLLECTION OF TAXES (§§ 14-92-601 — 14-92-603) › Section 14-92-601 - Applicability

(a)
(1)
This subchapter shall be applicable to suburban improvement districts organized and existing pursuant to the provisions of §
14-92-201
et seq. with an area of not less than five thousand (5,000) acres and not more than seven thousand (7,000) acres.
(2)
These districts will be referred to as "eligible districts."
(b)
This subchapter shall apply to taxes to be collected in 1986 and subsequent years.
Acts 1985, No. 430, § 1; A.S.A. 1947, § 20-746.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 6 - COLLECTION OF TAXES (§§ 14-92-601 — 14-92-603) › Section 14-92-602 - Election to collect taxes

(a)
(1)
Any eligible district may elect to collect the taxes levied by it pursuant to the provisions of §§
14-92-228
and
14-92-239
. This election shall be made by resolution of the board of commissioners of the eligible district.
(2)
Certified copies of the resolution shall be filed with the county clerk and county tax collector of each county in which any of the territory of the district is located, not later than July 15 of the year immediately preceding the first year in which the district will collect the taxes.
(b)
Once the election is made and so long as it continues in force, the clerk shall not extend the district taxes upon the county tax books, and the collector shall not collect the district taxes. The district shall be solely responsible for collecting the district taxes, which shall be due and payable on or before October 15 of each year.
(c)
(1)
Once an eligible district makes the election provided for in this section to collect its own taxes, the election shall continue in effect and the district shall collect its own taxes unless and until the election is revoked.
(2)
(A)
The election may be revoked by resolution of the board of the district, and the filing of certified copies thereof with the clerk and collector of each county in which any of the territory of the district is located, such filing to be made on or before July 15 of any year.
(B)
The revocation shall be effective as to taxes to be collected in the year immediately succeeding the year in which the revocation is filed.
Acts 1985, No. 430, § 2; A.S.A. 1947, § 20-747; Acts 2011, No. 175, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 6 - COLLECTION OF TAXES (§§ 14-92-601 — 14-92-603) › Section 14-92-603 - Collection of delinquent taxes

(a)
If an eligible district has elected to collect its own taxes under §
14-92-602
, the district is responsible for and may take action for collecting taxes that have become delinquent.
(b)
(1)
An eligible district that has not elected to collect its own taxes under §
14-92-602
may elect to assume sole responsibility for the collection of the eligible district's taxes that have become delinquent.
(2)
(A)
An election under subdivision (b)(1) of this section shall be made by resolution of the board of commissioners of the eligible district, and a certified copy of the resolution shall be filed with the county tax collector of each county in which any of the territory of the eligible district is located, prior to October 15 of any year.
(B)
The election shall be effective for taxes becoming delinquent in the year of filing.
(c)
(1)
If an eligible district has responsibility under this section for collecting the delinquent taxes of the district, or if the eligible district elects to assume this responsibility, the county collector shall take no action to enforce collection of delinquent taxes.
(2)
If the eligible district has elected to collect only delinquent taxes, the county collector shall report delinquencies to the board of the eligible district.
(d)
If it is the responsibility of the eligible district to collect delinquent taxes, the district shall add to the amount of the tax a penalty of twenty-five percent (25%) and shall enforce collection by civil proceedings in the circuit court of the county and in the manner provided by §§
14-121-426
-
14-121-432
.
(e)
(1)
Once an eligible district makes the application to collect the delinquent taxes of the district, the election continues in effect until revoked.
(2)
(A)
Revocation shall be by resolution of the board and the filing of certified copies of the resolution with the collector of each county in which any of the territory of the eligible district is located.
(B)
A filing under subdivision (e)(2)(A) of this section shall be made on or before October 15 of any year and shall be effective as to taxes becoming delinquent in that year.
Acts 1985, No. 430, § 3; A.S.A. 1947, § 20-748; Acts 2011, No. 175, § 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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-101 - Title

This chapter may be known and cited as the "Property Owners' Improvement District Law."
Acts 1983, No. 613, § 1; 1985, No. 296, § 1; A.S.A. 1947, § 20-2401.
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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-102 - Legislative intent

(a)
It is the intent and purpose of this chapter to authorize the formation of improvement districts by the unanimous approval of all owners of real property located in the territory to be included in the district.
(b)
It is the intention of Acts 1985, No. 296, to amend or repeal only such sections or subsections of Acts 1983, No. 613, as are specifically mentioned in Acts 1985, No. 296, and the remainder of Acts 1983, No. 613, shall remain in full force and effect as enacted until Acts 1983, No. 613, shall be further amended or repealed.
Acts 1983, No. 613, § 1; 1985, No. 296, §§ 1, 11; A.S.A. 1947, §§ 20-2401, 20-2401n; Acts 1999, No. 475, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-103 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means any board of commissioners appointed pursuant to this chapter;
(2)
"District" means any improvement district formed under the provisions of this chapter;
(3)
"Improvement" means any lands, structures, improvements, fixtures, and appurtenant equipment acquired, constructed, improved, or equipped by a district;
(4)
"Nearby municipality" means any municipality located within ten (10) miles of any boundary of a district;
(5)
"Person" means an individual, corporation, partnership, association, firm, or other entity recognized by law as having capacity to own real property in the State of Arkansas. As used in this chapter, person shall include a husband and wife owning property jointly;
(6)
"Land" or "real property" means all property subject to taxation for the purposes of this chapter;
(7)
"County court", "county judge", or "county clerk" means "circuit court", "circuit judge", or "circuit clerk" in the cases where the district contains lands in more than one (1) county.
Acts 1983, No. 613, §§ 2, 3, 7; 1985, No. 296, § 2; A.S.A. 1947, §§ 20-2402, 20-2403, 20-2407.
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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-104 - Construction

The provisions of this chapter shall be liberally construed to accomplish the purposes of this chapter, and this chapter shall be the sole authority necessary to accomplish its purposes. To this end, it shall not be necessary to comply with the requirements of other laws in acting pursuant to this chapter to accomplish its purposes.
Acts 1983, No. 613, § 24; A.S.A. 1947, § 20-2424.
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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-105 - Petition to form district

(a)
Upon the petition of all the owners of the record title as reflected by the deed records in the office of the circuit clerk and ex officio recorder of the pertinent county of real property in any territory, it shall be the duty of the county court to:
(1)
Lay off into an improvement district the territory described in the petition for the purpose of:
(A)
Purchasing, accepting as a gift, constructing, or maintaining waterworks, recreational facilities, systems of gas pipelines, and sewers;
(B)
Grading, draining, paving, curbing, and guttering streets and highways and laying sidewalks;
(C)
Establishing, equipping, and maintaining rural fire departments; or
(D)
More than one (1) of such purposes; and
(2)
Name as commissioners of the district the three (3) persons whose names appear in the petition if the petition contains names, or if not, three (3) individuals of integrity and good business ability.
(b)
Portions of municipalities may be included in these districts if the portion of area located within municipalities shall be less than fifty percent (50%) of the area of the entire district.
(c)
All districts shall be numbered consecutively or else shall receive names selected by the court.
(d)
If the court does not act promptly in complying with the terms of this section, or of any other section of this chapter essential to the creation and operation of the district, it may be compelled to do so by mandamus.
(e)
(1)
If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court in which the largest portion of the lands lie, and all proceedings shall be had in that court.
(2)
Any notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land.
(f)
(1)
Any number of petitions may be circulated, and identical petitions with additional names may be filed at any time until the court acts.
(2)
A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district.
Amended by Act 2019, No. 1025,§ 4, eff. 7/24/2019.
Acts 1983, No. 613, § 3; A.S.A. 1947, § 20-2403; Acts 1987, No. 787, § 1; 1999, No. 475, § 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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-106 - Hearing on petition and determination

(a)
(1)
Upon the filing of a petition, it shall be the duty of the county clerk to present the petition to the county judge.
(2)
(A)
The judge shall thereupon set a date and time, not more than sixty (60) days and not less than thirty (30) days after the date of the presentation of the petition to the judge, for a hearing, before the county court, for consideration of the petition.
(B)
A notice of the hearing shall be published for two (2) consecutive weeks in a newspaper of general circulation in the county and, if available, on the website of the county or of the Secretary of State.
(b)
(1)
At the hearing, it shall be the duty of the court to hear the petition and to ascertain whether those signing it constitute all the owners of the real property to be located in the district.
(2)
(A)
If the court determines that all the owners of the real property to be located in the district have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners named in the petition if commissioners are named therein and are property holders in the district.
(B)
If the court finds that fewer than all the owners have signed the petition, it shall enter its order denying the petition.
(c)
(1)
Any petitioner or any opponent of the petition may appeal from the judgment of the court creating or refusing to create the district. However, appeal must be taken and perfected within thirty (30) days after entry of the judgment.
(2)
If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.
(d)
(1)
The petition shall state the specific purpose for which the district is to be formed, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose.
(2)
The district shall also receive a number to prevent its being confused with other districts formed for similar purposes.
Amended by Act 2019, No. 1025,§ 5, eff. 7/24/2019.
Acts 1983, No. 613, § 4; A.S.A. 1947, § 20-2404.
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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-107 - Board of commissioners generally

(a)
(1)
(A)
Within thirty (30) days after their appointment, the members of a board of commissioners shall take and file with the county clerk their oath of office, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and to not be interested, directly or indirectly, in any contract let by the board except upon the approval of all the owners of real property located in the district.
(B)
Any commissioner failing to file this oath within this period shall be deemed to have declined the office and the county court shall appoint some property holder as his successor, who shall qualify in like manner within a like time.
(2)
(A)
In case of a vacancy on the board, after the members have organized, the remaining commissioners shall select the successor.
(B)
The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners.
(b)
(1)
(A)
The board shall organize by electing one (1) of its members chairman and another as secretary.
(B)
The board may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary.
(2)
The board shall also select some solvent bank or trust company as the depository of its funds.
(c)
In addition to and not by way of limitation of the above powers, the board shall have the power to:
(1)
Make and execute all contracts, leases, conveyances, and other instruments of the district;
(2)
Join with any other political subdivision, municipality, district, or government agency, either state or federal, in the acquisition, construction, maintenance, operation, and financing of any of the facilities, works, or operations authorized by this chapter or as to the performance of any of its functions;
(3)
Establish rules and regulations for the transaction of the district's business and for the services, use, and right to use of its facilities or services, or both, or to effectuate any purpose of this chapter;
(4)
Do all things incidental or auxiliary to the exercise of the express powers granted by this chapter; and
(5)
Perform all actions useful to carry out the purposes of this chapter, unlimited by any express provision of this section.
(d)
No member of the board shall be liable for any damages unless it shall be made to appear that he acted with a corrupt and malicious intent.
Acts 1983, No. 613, §§ 5, 16; 1985, No. 296, § 3; A.S.A. 1947, §§ 20-2405, 20-2416.
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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-108 - Removal of board members

(a)
When the owners of two-thirds (2/3) in assessed value of the real property located within any district shall sign a petition stating that the petitioners believe it to be in the best interest of the district that the board, or any member thereof, be removed and shall file it with the county court of the county in which the district is located, the court shall set a date for a hearing thereon and shall give notice thereof by one (1) publication in a newspaper of general circulation in the district at least ten (10) days before the date of the hearing.
(b)
(1)
The purpose of the hearing shall be to determine the sufficiency of the petition.
(2)
Any property owner of the district may appear and present evidence either in support of or against the sufficiency of the petition.
(c)
(1)
If, after hearing the evidence presented, the court shall determine that the petition is signed by at least two-thirds (2/3) in assessed value of the real property owners in the district, the court shall forthwith enter an order of the court removing the member of the board in accordance with the petition.
(2)
The vacancies thereby created shall be filled in the manner prescribed by law.
Acts 1983, No. 613, § 23; A.S.A. 1947, § 20-2423.
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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-109 - Planning by board

(a)
The board shall form plans relative to the acceptance, purchase, or construction of the improvement.
(b)
To that end, the board may employ such engineers, attorneys, and other assistants as it may find necessary and shall file copies of all pertinent reports and actions by its members with the county clerk.
Acts 1983, No. 613, § 7; A.S.A. 1947, § 20-2407.
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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-111 - Powers of districts generally

(a)
Any district, in aid to and furtherance of the purposes prescribed in §
14-93-110
, shall have the authority to hire managers and other employees and to pay their salaries incident to the operation and maintenance of any of the improvements authorized in this chapter. It shall also have the authority to acquire and purchase equipment and machinery incident to the operation and maintenance of such facilities and shall be further authorized to do any and all other actions which shall be deemed necessary in order to purchase, construct, accept as a gift, operate, and maintain any and all improvements authorized in this chapter.
(b)
Any district shall have the power to sell or lease any improvement owned by it to any adjacent or nearby municipality, or district therein or another improvement district within or near the county, to public service corporations serving on behalf of the property owners of the district, or to any other corporation, organization, or person, and may make contracts with the inhabitants of nearby municipalities, or it may operate any such improvement and may connect any such improvement with the improvements, systems, and transmission lines of any municipality or other district, and with respect to sewers, may carry its sewers to any proper outlet within or without the district.
(c)
Any district may accept as a gift any or all of the improvements and facilities authorized in this chapter upon the assumption of the maintenance and operation of the improvement and shall have the authority to effect the assessment of benefits and to levy the necessary tax against the assessment of benefits, as provided in this chapter, in order to provide the revenue for the costs of maintenance and operation.
Acts 1983, No. 613, § 6; 1985, No. 296, § 4; A.S.A. 1947, § 20-2406.
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 93 - PROPERTY OWNERS' IMPROVEMENT DISTRICTS (§§ 14-93-101 — 14-93-133) › Section 14-93-112 - Corporate powers

Each district shall be a body corporate with power to sue and to be sued, and it shall have a corporate seal.
Acts 1983, No. 613, § 5; 1985, No. 296, § 3; A.S.A. 1947, § 20-2405.