reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 319 - COUNTY BRIDGE IMPROVEMENT DISTRICTS (§§ 14-319-101 — 14-319-105) › Section 14-319-103 - Suits to collect taxes - Costs and fees for summons

(a)
Wherever legal proceedings are commenced or are now pending against property owners who have failed to pay required assessments made against them in any bridge improvement district in this state and summons is or has been issued against the property owners, the circuit clerk issuing the summons shall be required to collect and account for the cost, fees, and the taxes now provided by law for each and every original summons so issued, whether the summons is against one (1) defendant or several defendants.
(b)
As used in this section, "original summons" includes every summons issued by the clerk against one (1) defendant or several defendants in the proceedings, whether the summons is a duplicate summons issued for the officer to make his return for service upon, and includes the name of only one (1) or all defendants and whether issued concurrently or consecutively, provided that the original summons shall not be construed to include the copy to be left with the defendant or posted upon his property by the officer serving it.
Acts 1939 (Ex. Sess.), No. 5, §§ 1, 2; A.S.A. 1947, §§ 76-1504, 76-1505.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 319 - COUNTY BRIDGE IMPROVEMENT DISTRICTS (§§ 14-319-101 — 14-319-105) › Section 14-319-104 - Unencumbered bridges - Prohibition on collection of tolls

(a)
All bridges in districts where there has been sufficient money collected to pay all outstanding lawful indebtedness of the district are declared free, and they shall become the sole property of the State of Arkansas and shall be maintained by the Arkansas Department of Transportation as is now provided by law.
(b)
It shall be unlawful for the commissioners of any bridge district in this state to collect any tolls for the use of any bridge where the bridge district has sufficient money already collected to pay all the lawful outstanding indebtedness of the bridge district.
(c)
Any commissioner, agent, or employee of any bridge district in this state which has sufficient tolls collected to pay all outstanding lawful indebtedness of the district who shall collect any tolls in violation of the provisions of this section shall be deemed guilty of a misdemeanor and on conviction shall be punished by a fine not to exceed one hundred dollars ($100). Each day on which tolls are unlawfully collected shall constitute a separate offense.
Amended by Act 2017, No. 707,§ 30, eff. 8/1/2017.
Acts 1938 (Ex. Sess.), No. 3, §§ 1-3; A.S.A. 1947, §§ 76-1506 -- 76-1508.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 319 - COUNTY BRIDGE IMPROVEMENT DISTRICTS (§§ 14-319-101 — 14-319-105) › Section 14-319-105 - Title to bridges and property of bridge improvement districts vested in State Highway Commission - Prior vesting ratified

(a)
The titles of the bridges and to all other real, personal, and mixed properties of bridge improvement districts which either are no longer under control by their commissioners by reason of the assumption heretofore of both the maintenance and control of their bridges by the State Highway Commission pursuant to the provisions of §
27-67-101
, §
27-67-201
, or any other law, or which have heretofore fully discharged the principal and interest of their bonds and other indebtedness in part to the state aid received by them are divested out of the districts and of any political subdivisions of the state to which title may have nominally passed and fully and finally vested in the State Highway Commission. All such divestitures and vestings of title as may have heretofore occurred, either actually or ostensibly by reason of the assumption of both the maintenance and control of the bridges by the State Highway Commission, are fully ratified and confirmed as of the dates when they respectively occurred or ostensibly occurred. But all such divestitures and vestings, both actual or nominal and prospective, shall not extend to the titles to lands within the districts which were acquired by the districts through foreclosure of their liens thereon and were not subsequently disposed of, nor to the liens for delinquent assessments due the districts, and all such titles to lands so acquired and all such delinquent assessments are fully and finally cancelled.
(b)
All funds on hand with the districts shall be paid over to the Treasurer of State for deposit as a nonrevenue receipt into the fund from which the Arkansas Department of Transportation is maintained, and there used for the same purposes for which other moneys in the fund may be used.
Amended by Act 2017, No. 707,§ 31, eff. 8/1/2017.
Acts 1953, No. 147, § 1; A.S.A. 1947, § 76-1523.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-101 - Scope

The terms and provisions of this chapter shall only be applicable for the creation of bridge districts for the construction, operation, and maintenance of interstate bridges and approaches thereto over and across the navigable rivers where the river forms a state boundary. Bridges to be constructed under the terms and provisions of this chapter can be constructed within or without the boundaries or territorial limits of the district.
Acts 1951, No. 381, § 20; A.S.A. 1947, § 76-2020.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-102 - Board of commissioners

(a)
When the circuit court has established the bridge district, it shall appoint five (5) owners of real property within the district to act as commissioners.
(b)
Each commissioner shall take the oath of office required by the Arkansas Constitution, Article 19, Section 20, and shall also swear that he will not, directly or indirectly, be interested in any contract made by the board of commissioners and that he will well and truly assess all benefits resulting from the improvement. Any commissioner failing to take the oath within thirty (30) days after his appointment shall be deemed to have declined, and his place shall be filled by the circuit court, if in session, if not, by the circuit judge.
(c)
All vacancies on the board shall be filled by the circuit court or the circuit judge in vacation; but if a majority, in number or value, of the owners of real property in the district shall petition for the appointment of particular persons as commissioners, it shall be the duty of the circuit court or circuit judge to appoint the persons so designated.
(d)
The board shall select from its members a chairman, vice chairman, secretary, and treasurer. A majority of the members of the board shall constitute a quorum.
(e)
The circuit judge shall remove any member of the board upon petition signed by a majority, in number or value, of the owners of real property in the district.
(f)
The commissioners herein provided for shall receive the sum of ten dollars ($10.00) each for every day or fraction thereof in which they are called upon to attend meetings of the board, together with their necessary traveling expenses.
Acts 1951, No. 381, §§ 3, 4; A.S.A. 1947, §§ 76-2003, 76-2004.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-103 - Employment of personnel

The board of commissioners shall have the power to employ engineers, attorneys, auditors, manager, or superintendent, and such other employees as may be necessary for the orderly functioning of the district and to fix their respective compensation.
Acts 1951, No. 381, § 5; A.S.A. 1947, § 76-2005.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-104 - Plans - Map and specifications

(a)
As soon as the board of commissioners shall have formed plans for the bridge and the approaches thereto, and shall have ascertained the cost thereof, it shall file the plans with the circuit clerk.
(b)
The plans shall be accompanied by a map showing the location of the bridge and the approaches thereto, together with specifications fully describing the construction and character of the improvement to be made.
Acts 1951, No. 381, § 6; A.S.A. 1947, § 76-2006.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-105 - Petition for district establishment - Contents and signatures

(a)
When twenty-five (25) or more owners of real property within a proposed district shall petition the circuit court of the county in which the largest portion of the lands of the proposed district are situated to establish a bridge district to construct, maintain, and operate an interstate bridge and the approaches thereto embracing their property, the petition describing the region or area to be embraced within the district, and describing generally the location of the bridge, the proposed plan of financing the construction, maintenance, and operation of the bridge, together with a general idea of its character and expenses, accompanied by a certificate or resolution from the State Highway Commission showing the need and necessity for the construction of the bridge, then it shall be the duty of the circuit court to enter upon its records an order fixing a day and date for a hearing on the petition to determine whether or not the petition should be granted or denied.
(b)
The petitions provided for herein may be signed by any person, firm, or corporation owning real property therein. Guardians may sign for their wards, and trustees, executors, and administrators may sign for the estates they represent.
Acts 1951, No. 381, §§ 1, 2; A.S.A. 1947, §§ 76-2001, 76-2002.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-106 - Petition - Notice, hearing, and appeal

(a)
The circuit clerk shall thereupon give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the counties within which the lands of the proposed district are situated, calling upon all persons owning property therein to appear before the court on the day and date fixed by the court to show cause in favor of or against the establishment of the district.
(b)
At the time named in the notice, the circuit court, or the judge thereof in vacation, shall meet and hear all property owners within the proposed district who wish to appear and advocate or resist the establishment of the district. If it is deemed to the best interest of the owners of real property within the district that the district shall be created under the terms of this chapter, the court shall enter an order of record establishing the real property as an interstate bridge district which shall be subject to all the terms and provisions of this chapter.
(c)
If upon the hearing provided for in subsection (b) of this section petitions are presented to the circuit court signed by a majority, either in number or in value, of the owners of real property within the proposed district praying that the improvement be made, it shall thereupon be the duty of the circuit court to make an order establishing the district without further inquiry. If no such petitions are filed, it shall be the duty of the circuit court to investigate as provided in the preceding section and to establish the district if it is of the opinion that the establishment thereof will be to the advantage of the owners of real property therein.
(d)
Any landowner feeling himself aggrieved by the order of the court shall have the right of appeal within thirty (30) days from the date the order was entered.
Acts 1951, No. 381, §§ 1, 2; A.S.A. 1947, §§ 76-2001, 76-2002.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-107 - Assessment of lands - Procedure

(a)
The board of commissioners shall proceed to assess the lands within the district and shall inscribe in a book the description of each tract, piece, and parcel of land and assess the benefits to accrue to each tract, piece, and parcel of land by reason of such improvement and shall enter the assessment of benefits opposite the description thereof.
(b)
The assessment shall embrace not merely the lands, but all public and corporate roads, railroads, tramroads, and other improvements on the lands that will be benefited by the improvement.
(c)
They shall place opposite each tract, piece, and parcel of land the supposed name of the owner as shown by the last general assessment, but a mistake in name shall not vitiate the assessment. They may correct evident errors which occur in the county assessment list.
Acts 1951, No. 381, § 7; A.S.A. 1947, § 76-2007.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-108 - Notice and filing of assessment - Hearing and appeal

(a)
When the assessment of benefits is completed, the board of commissioners shall subscribe the assessment and file it with the circuit clerk where it shall be kept and preserved as a public record.
(b)
Upon the filing of the assessment of benefits, the circuit clerk shall give notice of filing by publication for two (2) weeks in some newspaper having a bona fide circulation in the counties in which the lands of the district are situated.
(c)
The notice shall give a description of the lands assessed, and the owners of the lands may appear, if they desire, before the circuit court on a day therein named and present complaints, if they have any, against the assessment of any lands in the district.
(d)
Any owner of real property within the district who conceives himself to be aggrieved by the assessment of benefits or deems the assessment of any lands to be inequitable shall present his complaint to the circuit court at the first regular, adjourned, or special session held more than ten (10) days after publication of the notice. The circuit court shall consider the complaint and enter its findings thereon, either confirming the assessment or increasing or diminishing it.
(e)
Its findings shall have the force and effect of a judgment, from which an appeal may be taken within twenty (20) days, either by the property owners or by the board of commissioners of the district.
Acts 1951, No. 381, § 8; A.S.A. 1947, § 76-2008.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-109 - Paying the assessment

(a)
When the assessment of benefits has been made and filed, as provided herein, the property owner shall have the right to pay such assessment of benefits in full within sixty (60) days thereafter, but, if he does not avail himself of this privilege, the assessment of benefits shall bear interest at the rate of six percent (6%) per annum.
(b)
The interest need not be computed until necessary to be sure the collections have not exceeded the total amount of the benefits so levied.
Acts 1951, No. 381, § 8; A.S.A. 1947, § 76-2008.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-110 - Determination of construction costs

(a)
The circuit court, in determining the question of whether the cost of the improvement exceeds the benefits, shall be required to take into consideration only the amount that the district will be required to pay for the cost of the improvement. It shall credit against the total cost of the bridge and approaches thereto any and all grants or allocations of money made by the federal government through the Federal Highway Administration, grants of state aid made by the State Highway Commission, state aid made by the state or highway commission of any adjoining state, aid and grants from any county, city, or town of this state or adjoining state, and the annual amounts to be received by the district from tolls collected as provided in this chapter, and other financial assistance the district may receive from any other sources whatsoever.
(b)
The interest to accrue on account of the issuance of bonds by the district shall not be construed as a part of the cost of construction.
Acts 1951, No. 381, § 9; A.S.A. 1947, § 76-2009.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-111 - Levy of tax

(a)
(1)
The circuit court shall, at the time the assessment of benefits is filed or at any subsequent time when called upon by the commissioners of the district, enter upon its records an order which shall have the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the district's proportionate part of the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies.
(2)
This tax shall be paid by the real property owners in the district in the proportion to the amount of the assessment of benefits thereon and shall be paid in annual installments not to exceed twenty-five percent (25%) for any one (1) year as provided in the order.
(3)
The tax so levied shall be a lien upon all the real property in the district from the time the tax is levied by the circuit court and shall be entitled to preference over all demands, executions, incumbrances, or liens whensoever created and shall continue until the assessment with penalty and costs that may accrue thereon have been paid.
(4)
The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within twenty (20) days from the time the assessment has been made by the circuit court, and on appeal the presumption shall be in favor of the validity of the tax.
(b)
If the commissioners do not deem it to the advantage of the district to proceed immediately with the construction of the improvement upon the filing and confirmation of the assessment of benefits, then they may report to the circuit court the rate of taxation necessary to be levied to pay the preliminary expenses of the district. They shall petition the court to continue the actual construction of the improvement to a more advantageous time, and thereupon it shall be the duty of the court to make a levy of taxes upon the real property in the district sufficient to pay the preliminary expenses with ten percent (10%) added for unforeseen contingencies, and shall continue the actual construction of the improvement to a more advantageous time.
Acts 1951, No. 381, § 10; A.S.A. 1947, § 76-2010.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-112 - Collection of taxes - Delinquency

(a)
The amount of taxes provided for in this chapter shall be annually extended upon the tax books of the county by the county clerk. The tax shall be collected by the collector of the county along with other taxes. For his services in making the collection, the collector shall receive the same compensation he now receives or may hereafter receive, as fixed by law, for the collection of state and county taxes. The taxes so collected shall be paid over by the collector to the board of commissioners of the district at the same time as he is required to make settlement with the county treasurer for general taxes.
(b)
All taxes levied under the terms of this chapter shall be payable at the same time and in the same manner as state and county taxes. If any taxes levied by the circuit court in pursuance to this chapter are not paid as aforesaid, the collector shall certify the delinquents, together with a penalty of twenty-five percent (25%), to the clerk of the chancery court in the same manner as provided by §§
14-86-1101
,
14-86-1102
, and
14-86-1104
-
14-86-1106
and acts amendatory thereto.
(c)
The board of commissioners shall enforce the collection of delinquent tax, penalty, and costs by chancery proceedings in a court of the county in which the lands are situated in accordance with the same procedure as now prescribed for the foreclosure of delinquent taxes due drainage districts as set forth in §§
14-121-426
-
14-121-432
.
Acts 1951, No. 381, § 11; A.S.A. 1947, § 76-2011.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-113 - Additional tax levy

If the tax first levied shall prove insufficient to complete the improvement or to pay the bonds, both principal and interest, issued by the board of commissioners for the improvement, as provided in this chapter, as the principal and interest shall become due and payable, then the board of commissioners shall from time to time report the amount of deficiency to the circuit court. It shall thereupon make levies upon the property previously assessed for sums sufficient to complete the improvement and to pay the bonds and interest in the same manner as the first levy.
Acts 1951, No. 381, § 12; A.S.A. 1947, § 76-2012.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-114 - Borrowing money - Bond issues

In order to carry out the purposes for which the district is organized and created, the board of commissioners may borrow money at a rate of interest not exceeding six percent (6%) per annum and issue negotiable bonds therefor signed by the chairman or vice chairman and secretary when so authorized by the board of commissioners and may pledge all assessments of benefits for the repayment thereof. No bonds issued under the terms of this chapter 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 are collected.
Acts 1951, No. 381, § 13; A.S.A. 1947, § 76-2013.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-115 - Lien of bonds - Tax levy - Default

(a)
All bonds issued by the board of commissioners shall be secured by a lien on all lands, railroads, and tramroads in the district. The board of commissioners shall be required to levy a tax annually and to collect the tax under the provisions of this chapter so long as it is necessary and required to pay any bonds issued or obligations contracted under the authority granted in this subchapter. The making of such levy of tax on the assessment of benefits and collection thereof may be enforced by mandamus.
(b)
If any bond or interest coupon on any bond issued by the board of commissioners is not paid within thirty (30) days after its maturity, it shall be the duty of the chancery court of the proper county, upon application of any holder of the bond or interest coupon so overdue and unpaid, to appoint a receiver or to appoint the board of commissioners as receiver of the court to collect the taxes aforesaid. The proceeds of the taxes so collected shall be applied after payment of cost, first to the overdue interest and then to the payment, pro rata, of all bonds issued by the board of commissioners which are then due and payable. The receiver or board of commissioners may be directed by suit to foreclose the lien of the taxes on the lands, and the suits so brought by the receiver or board of commissioners shall be conducted in all matters as suits are conducted as hereinbefore provided and with like effect. The decrees and deeds in this chapter shall have the same presumption in their favor. However, when all sums have been paid, the receiver or board of commissioners shall be discharged as the receiver, and the affairs of the district shall thereafter be conducted by the board of commissioners as provided in this chapter.
Acts 1951, No. 381, § 14; A.S.A. 1947, § 76-2014.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-116 - Revenue bonds - Tax levy when tolls insufficient

(a)
If the board of commissioners shall have ascertained that the construction, maintenance, and operation of the interstate bridge can be financed in whole or in part by the issuance of revenue bonds payable from the tolls so charged and collected, then the board of commissioners is given and granted the full power and authority to issue revenue bonds for the part or portion which can be so financed, the bonds to be payable over a period of not exceeding thirty (30) years, and shall bear interest at a rate not exceeding six percent (6%) per annum.
(b)
To secure the payment of the revenue bonds, together with the interest thereon, the board of commissioners is granted the power and authority to pledge all or any part or portion of the tolls charged and collected or to be collected therefrom as hereinafter provided, and as required to do so in order to finance the bonds. The board of commissioners shall have the right to pledge all or any part or portion of the assessment of benefits as additional security in the event the tolls collected are insufficient to pay the principal and interest of the bonded indebtedness.
(c)
If it becomes necessary in order to obtain proper financing of the construction of the bridge, the board of commissioners is granted the power and authority to enter into contracts with the bond-holders or the trustees of the bond issues to guarantee and underwrite the payment of the principal and interest on the bonded indebtedness, and to obligate the board of commissioners and the district to levy or cause to be levied a sufficient tax against the assessment of benefits if the tolls collected in any year shall be insufficient to fully pay off the principal and interest on the bonded debt.
(d)
In the event the tolls charged and collected are insufficient to pay the principal and interest of the bonded debt as it matures, then the board of commissioners is required to file a petition in the circuit court setting out the deficiency. Thereupon, the court shall levy a tax of a sufficient amount to make up the deficit with ten percent (10%) added for unforeseen contingencies.
(e)
The board of commissioners and the circuit court may be required by mandamus to levy the tax in any proceedings instituted by the trustee or trustees of the bondholders or any individual bond-holder who may hold any unpaid bond or interest coupon. The right to require a levy of tax against the assessment of benefits shall be a continuing right which may be exercised by the trustees or bond-holders until the full amount of the principal and interest of the bonded debt has been paid.
Acts 1951, No. 381, § 15; A.S.A. 1947, § 76-2015.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-117 - Applicability of federal law

All interstate bridges shall be constructed under the terms and provisions of the "General Bridge Act of 1946" and any act amendatory thereto.
Acts 1951, No. 381, § 16; A.S.A. 1947, § 76-2016.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-118 - Tolls - Transfer of bridge to state

(a)
The board of commissioners is granted the right and power to construct, operate, and maintain the bridge as a toll bridge. It shall have the power to fix and determine, subject to the terms and provisions of the General Bridge Act, the tolls to be charged for transit over the bridge for motor-propelled vehicles, animals, foot passengers, pipelines, or other persons, firms, or corporations using the bridge, and the rates so prescribed shall be the legal rate or rates demanded and received for the transit.
(b)
The rates for tolls may be increased or decreased by the board of commissioners, subject however, to the terms and provisions of the General Bridge Act of Congress.
(c)
The board of commissioners shall make an annual report of all tolls collected to the trustees representing the bond-holders and to the State Highway Commission. One (1) copy of the report shall be filed with the clerk of the circuit court of the county in which the bridge is located.
(d)
When the bonded indebtedness and all claims and liabilities have been fully paid and discharged, the bridge shall become a free bridge, and the board of commissioners shall thereupon convey all of its right, title, and interest in the bridge to the State of Arkansas. Thereafter, the State Highway Commission shall maintain and operate the bridge as a part of its highway system.
(e)
The tolls so charged and collected for the use of the bridge shall be used as follows:
(1)
To the payment of reasonable cost of maintaining, repairing, and operating the bridge and approaches thereto under economical management;
(2)
To the payment of the principal and interest on the bonded indebtedness; and
(3)
The balance, if any, to be placed in a sinking fund to be used for future maintenance and operation and the retirement of bond indebtedness.
Acts 1951, No. 381, § 17; A.S.A. 1947, § 76-2017.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-119 - Contracts with federal government, highway commission, local governments, or other states

(a)
For the purpose of carrying into effect the objects and purposes of this chapter, the board of commissioners shall have full power and authority to:
(1)
Negotiate and enter into contracts with the federal government or any of its agencies, the State Highway Commission, or the state highway commission of any adjoining state where the bridge may be located;
(2)
To contract with any counties, cities, or towns of the State of Arkansas and any adjoining state whereby the district may receive financial aid in the construction, maintenance, and operation of the bridge and approaches thereto;
(3)
To contract for the joint ownership thereof and the means and manner of operating and maintaining the bridge and approaches thereto.
(b)
The powers herein granted to the board of commissioners shall be broad and liberal powers to carry out the purposes of this chapter.
Acts 1951, No. 381, § 18; A.S.A. 1947, § 76-2018.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 320 - INTERSTATE BRIDGE DISTRICTS (§§ 14-320-101 — 14-320-120) › Section 14-320-120 - Acquisition of real property - Eminent domain

(a)
The board of commissioners acting for and on behalf of the district shall have the right, power, and authority to purchase, hold, and possess real estate necessary for the purposes for which the district was organized. In addition thereto, the district organized under this chapter shall have the right of eminent domain.
(b)
If condemnation proceedings become necessary, such proceedings shall be instituted and conducted in the same manner as now provided by §
14-91-104
.
Acts 1951, No. 381, § 19; A.S.A. 1947, § 76-2019.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 321 - VIADUCT IMPROVEMENT DISTRICTS (§§ 14-321-101 — 14-321-107) › Section 14-321-101 - Scope

This chapter shall apply to all improvement districts created for the construction of a free viaduct connecting with a bridge over a navigable river.
Acts 1923 (1st Ex. Sess.), No. 21, § 1; Pope's Dig., § 6541; A.S.A. 1947, § 76-1301.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 321 - VIADUCT IMPROVEMENT DISTRICTS (§§ 14-321-101 — 14-321-107) › Section 14-321-102 - Commissioners

In all viaduct districts described in §
14-321-101
, commissioners shall be elected in the manner provided by the laws applying to such districts respectively.
Acts 1923 (1st Ex. Sess.), No. 21, § 8; Pope's Dig., § 6548; A.S.A. 1947, § 76-1307.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 321 - VIADUCT IMPROVEMENT DISTRICTS (§§ 14-321-101 — 14-321-107) › Section 14-321-103 - Limitations on bond issue - Interest

(a)
In all the viaduct improvement districts described in §
14-321-101
, limitations on bonds that may be issued by a district shall not apply to interest on any bonds or borrowed money.
(b)
If bonds are issued before the construction work is completed, limitations on the issuance of bonds to a part of the total cost of construction shall apply to the estimated total cost of construction as estimated by the engineer for the district and approved by the commissioners at the time the bonds are issued. Bonds may be issued from time to time on revisions of the estimates.
Acts 1923 (1st Ex. Sess.), No. 21, § 2; Pope's Dig., § 6542; A.S.A. 1947.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 321 - VIADUCT IMPROVEMENT DISTRICTS (§§ 14-321-101 — 14-321-107) › Section 14-321-104 - Bonds sold for less than par when carrying lower interest rate

If any viaduct improvement district described in §
14-321-101
, where it is or may be provided by law that the interest on bonds issued by the district shall not exceed six percent (6%) per annum, nor the bonds be sold for less than par, bonds bearing a lower rate of interest may be issued by the district and sold at less than par, provided that the proceeds of the sale of the bonds issued by the district shall not be less than the proceeds of the sale of six percent (6%) bonds at par.
Acts 1923 (1st Ex. Sess.), No. 21, § 3; Pope's Dig., § 6543; A.S.A. 1947, § 76-1303.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 321 - VIADUCT IMPROVEMENT DISTRICTS (§§ 14-321-101 — 14-321-107) › Section 14-321-105 - Plans to be submitted to county court

The commissioners of the viaduct improvement districts described in §
14-321-101
shall submit their plans for the improvement to the county court in the county in which the viaduct is to be situated for its approval or disapproval. Appeals from the order of the court may be taken by the commissioners for the district, or any interested property owner, and shall be perfected within thirty (30) days from the time the order is entered of record.
Acts 1923 (1st Ex. Sess.), No. 21, § 4; Pope's Dig., § 6544; A.S.A. 1947, § 76-1304.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 321 - VIADUCT IMPROVEMENT DISTRICTS (§§ 14-321-101 — 14-321-107) › Section 14-321-106 - Assessment of benefits

The assessment of benefits in any viaduct improvement district described in §
14-321-101
shall be made according to the actual benefits the lands will realize from the making and maintenance of the improvement. The commissioners or assessors in the district, in making the assessment of benefits, shall not be required to make them in zones of any form, or proportion them in circular zones of any particular width with reference to the viaduct. However, the commissioners or assessors are not prohibited from making their assessment of benefits on the basis of zones circular or in other form, if, in their opinion, this is the best basis on which to ascertain and fix the amount of the benefits to the several tracts and parcels of land in the district.
Acts 1923 (1st Ex. Sess.), No. 21, § 5; Pope's Dig., § 6545; A.S.A. 1947, § 76-1305.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 321 - VIADUCT IMPROVEMENT DISTRICTS (§§ 14-321-101 — 14-321-107) › Section 14-321-107 - Land in different counties - Assessment hearings in respective counties

In any viaduct improvement district described in §
14-321-101
embracing lands in more than one (1) county, the hearing on the assessment of benefits as they affect the lands in each county shall be had at a place in each county as set forth in the notices of the hearing on the assessment of benefits.
Acts 1923 (1st Ex. Sess.), No. 21, § 6; Pope's Dig., § 6546; A.S.A. 1947, § 76-1306.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 322 - IMPROVEMENT DISTRICTS FOR CITY STREETS (§§ 14-322-101 — 14-322-111) › Section 14-322-101 - Chapter supplemental

The procedure prescribed herein for the establishment of improvement districts in municipalities of this state shall be supplemental to all other laws of this state with respect to the establishment of municipal improvement districts and shall not be construed to amend, repeal, or otherwise affect those laws.
Acts 1967, No. 251, § 9; A.S.A. 1947, § 20-1509.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 322 - IMPROVEMENT DISTRICTS FOR CITY STREETS (§§ 14-322-101 — 14-322-111) › Section 14-322-102 - Street improvement studies - Resolution

(a)
When the governing body of any city or incorporated town in this state shall deem it desirable to enter into a street improvement program in that city or town or any defined portions thereof, the governing body of the city or town may cause studies to be made of the needs for street improvements including grading, paving, curbing, guttering, and drainage and storm sewers in the city or town or the designated areas thereof. The governing body may cause studies to be made of the approximate cost of the improvements and the approximate amount which would need to be assessed against each parcel of property to pay the cost of the proposed improvement.
(b)
Upon the completion of the study and determination as provided for in this section, the governing body of the municipality shall adopt a resolution setting out the findings and determinations and shall cause the findings and determinations to be published one (1) time in a newspaper of general circulation in the municipality.
Acts 1967, No. 251, § 1; A.S.A. 1947, § 20-1501.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 322 - IMPROVEMENT DISTRICTS FOR CITY STREETS (§§ 14-322-101 — 14-322-111) › Section 14-322-103 - Filing of petition requesting improvement district

If, within sixty (60) days after the adoption and publication of the resolution by the governing board of the municipality, petitions are filed with the clerk or recorder of the municipality containing the signatures of a majority in value, number, and area of the real property to be located within the proposed district as shown by the last county assessment in the municipality, or the designated areas requesting that an improvement district be created for the purpose of making the improvements, then the clerk or recorder shall set a date and place for a public hearing on the sufficiency of the petitions.
Acts 1967, No. 251, § 2; 1983, No. 735, § 1; A.S.A. 1947, § 20-1502.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 322 - IMPROVEMENT DISTRICTS FOR CITY STREETS (§§ 14-322-101 — 14-322-111) › Section 14-322-104 - Notice of hearing - Special meeting

(a)
Notice of the public hearing shall be published one (1) time in a newspaper of general circulation in the municipality, at least five (5) days prior to the date fixed for the hearing.
(b)
The governing body of the municipality may hold a special meeting for the purpose of conducting the hearing.
Acts 1967, No. 251, § 2; 1983, No. 735, § 1; A.S.A. 1947, § 20-1502.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 322 - IMPROVEMENT DISTRICTS FOR CITY STREETS (§§ 14-322-101 — 14-322-111) › Section 14-322-105 - Hearing - Publication - Effect of ruling

(a)
At the time and place stated in the notice, the governing body of the municipality shall meet and hear all owners of real property in the proposed district who wish to be heard on the question of whether the petitions contain the signatures of a majority in value of the real property owners in the district. It shall make a finding and ruling as to whether the petitions contain the signatures of a majority in value of the real property owners and shall publish the finding one (1) time in a newspaper of general circulation in the municipality.
(b)
The finding and ruling of the governing body of the municipality with respect to the sufficiency of the petitions shall be final and conclusive unless questioned by action filed in the chancery court of the county in which the municipality is located within thirty (30) days after the date of publication of the finding.
(1)
If the governing body of the municipality determines that the petitions and signatures thereon are sufficient, it shall proceed to establish the proposed district by ordinance. The governing body of the municipality shall, by virtue of their offices, constitute a board of commissioners to make the assessments and carry out the improvements provided for in the ordinance. After the board of commissioners determines the amount of the initial proposed assessment of benefits, and prior to levying the benefits, the initial petition shall once again be presented to the governing body of the city or town and that governing body shall ascertain whether persons who would be liable for a majority of the assessed benefits proposed to be levied had signed the original petition for formation.
(2)
If the municipal governing body determines that petitions and signatures are insufficient, then the assessments may not be levied until enough additional signatures of property owners within the boundaries of the proposed district are obtained on the petition so that persons who would be liable for more than fifty percent (50%) of the assessed benefits have signed the formation petition. When the petition is deemed adequate in that respect, the assessed benefits shall be levied, and the assessment shall continue annually for five (5) years and thereafter reassessments may occur as otherwise provided by law.
Acts 1967, No. 251, § 3; 1983, No. 735, § 2; A.S.A. 1947, § 20-1503.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 322 - IMPROVEMENT DISTRICTS FOR CITY STREETS (§§ 14-322-101 — 14-322-111) › Section 14-322-106 - Assessments - Filing, notice, and appeal

(a)
Upon the establishment of the district, the board shall cause an assessment to be made against each lot or parcel of real property in the district based upon the cost of the improvements and the benefits accruing to each lot and parcel of property, with all assessments on property in the district to be ad valorem, according to the value of the benefits and uniform.
(b)
A copy of the assessed benefits shall be filed with the city clerk and county clerk.
(c)
Notice that the assessed benefits have been filed with the city clerk and county clerk shall be published in a newspaper of general circulation in the municipality.
(d)
The assessment of benefits against each parcel of property shall be final and conclusive unless questioned by action filed in the chancery court within thirty (30) days after the date of publication of notice of filing assessed benefits.
Acts 1967, No. 251, § 4; A.S.A. 1947, § 20-1504.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 19 - ROADWAYS, BRIDGES, AND PARKING IMPROVEMENT DISTRICTS (§§ 14-316-101 — 14-322-111) › Chapter 322 - IMPROVEMENT DISTRICTS FOR CITY STREETS (§§ 14-322-101 — 14-322-111) › Section 14-322-107 - Payment generally

(a)
All assessments shall be payable in the manner and within the time prescribed by ordinance of the governing body of the municipality.
(b)
Property owners may be given the option to pay the amount of the assessments in one (1) lump sum payment or to pay the amount of the assessments in installments, within the time and at the rate of interest prescribed by ordinance of the governing body of the municipality.
Acts 1967, No. 251, § 5; 1971, No. 581, § 1; A.S.A. 1947, § 20-1505.