reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 11 - DRAINAGE DISTRICTS (§§ 14-121-1101 — 14-121-1110) › Section 14-121-1105 - Merger procedure

(a)
No drainage district coming within the provisions of this subchapter shall exercise any of its powers conferred by this subchapter or merge the operation and maintenance of a levee or project for which the district was originally created with those of another drainage district's operations or maintenance until:
(1)
The board of directors of each merging district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the merger would be in the best interest of the district and of the landowners; and
(2)
A special meeting of the landowners and bondholders of the district shall have been held at which the question of merger shall have been presented and for the purpose of hearing support for or objections to the merger.
(b)
Notice of the hearing shall be given by the secretary of the district by publication of a notice for at least two (2) consecutive weekly insertions in a newspaper published and having a bona fide circulation in each county within the district. This notice shall state:
(1)
The time and place at which the board of directors shall meet for the purpose of hearing support for or objections to the merger;
(2)
That the meeting shall be open to the public; and
(3)
That at such meeting any landowner or bondholder of the district may offer support for or objection to the action of the board in adopting the resolution.
(c)
(1)
At the time and place specified in the notice, the board of directors shall meet at the office of the district for the purpose of the hearing.
(2)
The district shall furnish a stenographer who shall take and transcribe all the testimony introduced before the board.
(3)
The board shall keep a true and perfect record of its proceedings at the meeting, which shall be filed as a public record in the office of the district.
(4)
A copy of the record certified by the secretary of the district shall be competent evidence in all courts of this state.
(5)
After consideration of all comments in support of or in objection to the merger, if any, the board of directors, by proper resolution duly adopted by two-thirds (2/3) of the members of the board of directors, shall declare its decision regarding the merger of the district.
(6)
Any landowner or bondholder aggrieved by the decision of the board may have the findings reviewed by the circuit court of the county in which the district has its domicile.
(7)
The appeal shall be perfected in thirty (30) days.
(8)
The review shall be heard by the court on the evidence introduced before the board of directors at the meeting aforesaid, and no additional or different evidence shall be admissible.
(9)
Appeals to the Supreme Court from the decision of the circuit court shall be perfected in thirty (30) days.
Acts 1999, No. 329, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 11 - DRAINAGE DISTRICTS (§§ 14-121-1101 — 14-121-1110) › Section 14-121-1106 - Board of directors for merged districts

(a)
Upon the merger's becoming effective, the new board of directors of the merged drainage district shall consist of one (1) member from each of the merging districts' boards of directors to be selected by each board and named in its resolution of merger, but in no event shall a new board of directors consist of less than three (3) members. In the event only two (2) districts have merged, the merging district with the majority of the value of real property within the merged district shall be entitled to name two (2) members to the board.
(b)
Each of these members of the board shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will not directly or indirectly be interested in any contract made by the board and that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby.
(c)
Any member failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the county judge.
(d)
All vacancies on the board shall be filled by the county judge, but if a majority in value of the owners of real property in the merged district shall petition for the appointment of particular persons as members of the board, it shall be the duty of the county judge to appoint the persons so designated.
(e)
The county judge shall remove any member of the board on the petition of a majority in value of the owners of real property in the district. He or she may remove any member and appoint his or her successor upon proof of incompetency or neglect of duty, but the charges shall be in writing, and the charged member shall have the right to be heard in his or her defense and to appeal to the circuit court.
(f)
The board of directors provided for in this subchapter shall receive as compensation the sum of twenty-five dollars ($25.00) each day for attending meetings of the board, together with their necessary expenses.
(g)
Actions by the board of directors of any merged district affected by this section shall be by a majority vote of the membership of the board.
Acts 1999, No. 329, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 11 - DRAINAGE DISTRICTS (§§ 14-121-1101 — 14-121-1110) › Section 14-121-1108 - Merger and use of assets - Prior liabilities and obligations

(a)
Any drainage district which shall merge the duties, obligations, and purposes for which it was originally created with those of another district under the provisions of this subchapter shall merge all assets held by it and arising from any projects and shall also assume all liabilities of the district whether created for purposes for which the district was originally created or those assumed by it under the provisions of this subchapter.
(b)
(1)
The assets may be used by the merged district for any and all purposes now or hereafter authorized by law, and the liabilities of the merged district may be paid with funds arising from any source.
(2)
However, if at the time of the merger, a merging drainage district has remaining cash balances which were dedicated to specific projects that remain uncompleted at the time of the merger, then those balances shall be spent only on the specific uncompleted projects, or if the district has made assessments which were dedicated for the construction of a specific project or improvement, then those assessments shall be used only on the specific projects within the boundaries of the former drainage district from which the assessments were made.
(c)
All the provisions, rights, securities, pledges, covenants, and limitations contained in the instrument creating the liability shall not be affected by the merger but shall apply with the same force and effect as provided in the original creation of the liability.
(d)
All bonds or notes heretofore issued by the drainage district shall not be affected by this merger, but they shall bear the same rate of interest as now provided and shall be due and payable at the time and place provided in the original issue of the bonds or notes.
Acts 1999, No. 329, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 11 - DRAINAGE DISTRICTS (§§ 14-121-1101 — 14-121-1110) › Section 14-121-1109 - Valid indebtedness unimpaired

No merger of a district under the terms of this subchapter shall impair or deny any creditor of the merging districts the right to the collection of its bona fide and valid indebtedness existing against the districts, but the creditors of the districts shall be subject to the provisions of this subchapter in connection with the presentation, allowance, or other adjudication with reference to their claim.
Acts 1999, No. 329, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 121 - DRAINAGE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-121-101 — 14-121-1110) › Subchapter 11 - DRAINAGE DISTRICTS (§§ 14-121-1101 — 14-121-1110) › Section 14-121-1110 - Claims against district

(a)
All claims against the district existing at the time of the merger of the district shall be presented to the board of directors duly itemized and verified as is required in actions of account. If not presented to the board of directors of the district within six (6) months from the date of the effectiveness of the merger, the claims shall forever be barred.
(b)
(1)
Within ten (10) days from the allowance or disallowance of any claim presented, the claim shall be filed by the board in the county court with an endorsement thereon as their allowance or disallowance of the same, and within thirty (30) days from the filing of the claim or account in the county court, the county court shall make its order either approving, rejecting, or modifying the actions of the board with reference to any such indebtedness.
(2)
Within the time allowed by law for appeal from orders of the county court, either the district, any landowner in the district, or any party claiming to be a creditor of the district may either appeal from the order of the county court to the circuit court or may institute an action against the district in any court of competent jurisdiction for the determination of the existence and amount of the claim.
Acts 1999, No. 329, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-101 - Chapter cumulative

This chapter shall be construed to be cumulative of existing laws relating to the creation, operation, and existence of municipal improvement districts and shall not repeal any existing law unless that law is in direct conflict herewith, it being the intent of this chapter to provide additional authority to municipalities for creation of improvement districts and to authorize and enumerate additional powers for those districts.
Acts 1975, No. 746, § 16; A.S.A. 1947, § 20-1816.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-102 - Creation of drainage improvement districts by certain cities

Any city of the first class in this state having a mayor-council form of government, may, by ordinance of the governing body, create a drainage improvement district in that city encompassing all or any part of the territory within the limits of the city.
Acts 1975, No. 746, § 1; A.S.A. 1947, § 20-1801; Acts 1989, No. 526, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-103 - Publication of notice of adoption of ordinance

When the governing body of any city enacts an ordinance pursuant to the authority granted herein, creating a drainage improvement district encompassing all or any part of the territory within the limits of the city, the governing body shall cause a notice of the adoption of the ordinance and a complete copy of the ordinance enacted to be published in a newspaper of general circulation in the district within seven (7) days after the enactment thereof.
Acts 1975, No. 746, § 2; A.S.A. 1947, § 20-1802.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-104 - Filing referendum petitions - Special election

If petitions signed by not less than fifteen percent (15%) of the qualified electors voting on the office of mayor in the city at the last preceding general election are filed with the city clerk of the city within forty-five (45) days after the enactment of the ordinance creating the municipal drainage improvement district requesting that the ordinance be referred to a vote of the qualified electors of the district, the petitions shall be referred to the people at a special election to be called by the mayor of the municipality in accordance with §
7-11-201
et seq. to be held at the next special election date under §
7-11-205
.
Amended by Act 2021, No. 610,§ 20, eff. 1/1/2022.
Acts 1975, No. 746, § 3; A.S.A. 1947, § 20-1803; Acts 2005, No. 2145, § 44; 2007, No. 1049, § 65; 2009, No. 1480, § 84.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-105 - Establishment of drainage improvement district - Conditions

If referendum petitions are not filed within the time prescribed herein or if such petitions are filed and the electors voting at the special election held thereon do not reject the ordinance, the governing body of the municipality shall proceed to establish the drainage improvement district proposed in the ordinance in the manner and for the purposes provided in this chapter.
Acts 1975, No. 746, § 4; A.S.A. 1947, § 20-1804.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-106 - District board of commissioners - Members

(a)
The board of commissioners for the district, consisting of five (5) owners of real property in the district or officers or stockholders of a corporation owning real property within the district shall be appointed as follows:
(1)
Four (4) commissioners shall be appointed by the governing body of the city, and if the district includes all territory within the corporate limits of the city no more than one (1) member of the board shall be appointed from each of the wards in the city;
(2)
One (1) commissioner shall be appointed by the mayor of the city from the district at large.
(b)
Any vacancy occurring on the board shall be filled in the same manner herein prescribed for the initial appointments.
(c)
The members of the board shall receive no compensation for their services but may be reimbursed for their actual expenses incurred in the performance of their duties.
(d)
The governing body of the city shall have the authority to remove any member of the board by a two-thirds (2/3) vote of the membership of the governing body for cause, after a hearing thereon at which the board member proposed to be removed and all other interested parties shall be given an opportunity to be heard.
Acts 1975, No. 746, § 5; A.S.A. 1947, § 20-1805.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-107 - Board meeting and organization - Formulation and filing of plans

The board shall meet as soon as is practicable after appointment and qualification of its members, shall elect a chairman, a secretary, and such other officials as it deems necessary to carry out its responsibilities, and shall form plans for the improvement of drainage facilities in the district and obtain estimates of the cost thereof. The plan formed by the board shall be filed in the office of the city clerk.
Acts 1975, No. 746, § 6; A.S.A. 1947, § 20-1806.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-108 - Employment of personnel - Payment of costs if improvement not made

(a)
In the preparation of the plan of improvement, the district is authorized to employ architects and engineers to prepare plans, specifications, and estimates of cost for the construction of the improvements and to supervise and inspect the construction.
(b)
In addition, the district is authorized to engage and pay attorneys, accountants, and consultants and to obtain and pay for the other professional and technical services as it shall determine to be necessary or desirable in assisting it to effectively carry out the functions, powers, and duties conferred and imposed upon it to accomplish and maintain the proposed improvement.
(c)
The district is further authorized to employ on a full-time basis persons necessary to maintain, operate, supervise, repair, administer, or otherwise render assistance in the effecting of the plan and its continued benefit.
(d)
All expenditures hereunder shall be taken as a cost of the improvement.
(e)
If for any cause the improvement shall not be made, the cost shall be a charge upon the real property in the district and shall be raised and paid by an assessment upon the real property in the district as assessed for state and county purposes, which shall be levied by the governing body on the application of any person interested, and shall be paid to the district to be distributed amongst the creditors of the district.
(f)
When any improvement is abandoned, it is made the duty of the board to report to the governing body the total amount of the debts which it has incurred, to the end that the governing body may make adequate provision for their payment.
Acts 1975, No. 746, § 7; A.S.A. 1947, § 20-1807.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-109 - Powers of district to execute plans

(a)
The district shall have all powers necessary or desirable to undertake and carry out any and all parts of the plan for constructing, reconstructing, expanding, improving, or otherwise providing appropriate drainage facilities in the district, and to employ persons as it deems necessary to accomplish the purposes of the plan, including the authority to issue bonds as hereinafter provided except as otherwise provided in this chapter, Acts 1881, No. 84, and Acts 1899, No. 183, and all other laws of the State of Arkansas pertaining to municipal improvement districts, in general, as they have been and may be from time to time amended.
(b)
This chapter shall be applicable to a drainage improvement district established hereunder, and shall govern the procedures for the operation of a district's affairs including without limitation, the giving of any notice, appointment of assessors, making and filing of assessments of benefits or reassessments of benefits, annexation of additional territory to a district, collection of assessments, enforcement of delinquent assessments, and all other matters relating to the internal operation of a district.
Acts 1975, No. 746, § 8; A.S.A. 1947, § 20-1808.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-110 - Powers of municipality

The governing body of any municipality in which a drainage improvement district is created as authorized in this chapter shall have all the powers necessary or desirable to undertake and carry out, or to assist a district to undertake and carry out, all improvements described in the drainage improvement plan of the district.
Acts 1975, No. 746, § 9; A.S.A. 1947, § 20-1809.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-111 - Eminent domain

(a)
The right and power of eminent domain is conferred upon a district to enter upon, take, and condemn private property for the construction of improvements described in the plan of improvement, and the right and power of eminent domain conferred shall be exercised by the district in accordance with the procedures in §§
18-15-301
-
18-15-307
, as amended.
(b)
The right and power conferred shall include without limitation the right and power to enter upon lands and proceed with the work of construction prior to the assessment and payment of damages and compensation upon posting a deposit by the district in accordance with the procedure described in §§
18-15-301
-
18-15-303
, as amended.
(c)
The rights and powers granted in this section shall apply outside the boundaries of the municipality if the board of commissioners determines in writing that the exercise of the powers is necessary to accomplish the plan of improvement.
(d)
The rights and powers granted in this section shall not apply outside the boundaries of the county in which the municipality is located nor shall the rights and powers apply within the boundaries of another municipality within the county.
Acts 1975, No. 746, § 10; A.S.A. 1947, § 20-1810; Acts 1989, No. 526, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-122-101 — 14-122-112) › Section 14-122-112 - Dissolution of districts

A district created under this chapter shall continue in existence in perpetuity unless dissolved by ordinance of the governing body of the city. However, no district shall be dissolved at any time during which there shall be outstanding bonded indebtedness of the district unless funds sufficient to retire the indebtedness, including all interest, redemption premiums, if any, trustee's and paying agent's fees, and cost of publication of notice of redemption, shall have been deposited in trust according to the terms of the resolution or trust indenture authorizing the bonded indebtedness.
Acts 1975, No. 746, § 15; A.S.A. 1947, § 20-1815.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-201 - Authority to borrow money and issue bonds or certificates - Security

(a)
For the purpose of providing funds to pay preliminary expenses, to construct improvements according to the plan, or to pay for an improvement already completed, the district may borrow money in an amount not exceeding the estimated cost thereof, including interest on the money borrowed to a date six (6) months subsequent to the estimated date of completion of the work and a reserve not to exceed one (1) year's principal and interest requirements, and may to that extent issue negotiable bonds or certificates of indebtedness.
(b)
In order to secure the bonds, the district may pledge and mortgage all uncollected assessments of benefits for the payments of the bonds, and, in addition thereto, the municipality in which the district is created may pledge surplus utility revenues of the city to secure the bonds of the district.
(c)
The bonds of the district shall be authorized and issued upon a majority vote of the qualified electors of the municipality.
Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-202 - Nature of bonds

(a)
The bonds may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination, may be in such form and denomination, may have such date or dates, may be stated to mature at such times, may bear interest payable at such times and at such rate or rates, may be payable at such places within or without the State of Arkansas, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the board shall determine.
(b)
The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth in this section.
Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-203 - Authorizing resolution

The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to:
(1)
The maintenance of various funds and reserves;
(2)
The nature and extent of the security;
(3)
The issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event;
(4)
The custody and application of the proceeds of the bonds;
(5)
The collection and disposition of revenues;
(6)
The investing and reinvesting in securities specified by the board of any moneys during the periods not needed for authorized purposes; and
(7)
The rights, duties, and obligations of the district, the board, and of the holders and of the registered owners of the bonds.
Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-204 - Trust indenture

(a)
The authorizing resolution may provide for the execution by the district with a bank or trust company within or without the State of Arkansas of a trust indenture.
(b)
The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds, and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting, in securities specified by the board, of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the board and the holders and registered owners of the bonds.
Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-205 - Contents of bonds

It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds shall be obligations only of the district, and that in no event shall they constitute any indebtedness for which the faith and credit of the municipality or any of its revenues, other than surplus utility revenues, are pledged.
Acts 1975, No. 746, § 12; A.S.A. 1947, § 20-1812.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-206 - Sale of bonds

(a)
The bonds shall be sold at public sale on sealed bids.
(b)
Notice of the sale shall be published once a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale, and may be published in such other publications as the district may determine.
(c)
The bonds may be sold at such price as the board may accept, including sale at a discount.
(d)
The award, if made, shall be to the bidder whose bid results in the lowest net interest cost.
Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-207 - Execution of bonds - Seal

(a)
The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary of the board.
(b)
The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board.
(c)
In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.
(d)
The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district.
Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-208 - Security and payment of bonds

The principal of and interest on, and paying agent's fees in connection with, the bonds shall be secured by a lien on and pledge of, and shall be payable from, the assessments levied against the real property within the district.
Acts 1975, No. 746, § 12; A.S.A. 1947, § 20-1812.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-209 - Bonds - Tax exemption

Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes. The exemption shall include income, inheritance, and estate taxes.
Acts 1975, No. 746, § 13; A.S.A. 1947, § 20-1813.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-210 - Board liability on bonds

No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this chapter unless he shall have acted with corrupt intent.
Acts 1975, No. 746, § 12; A.S.A. 1947, § 20-1812.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 122 - MUNICIPAL DRAINAGE IMPROVEMENT DISTRICTS (§§ 14-122-101 — 14-122-211) › Subchapter 2 - DISTRICT FINANCING (§§ 14-122-201 — 14-122-211) › Section 14-122-211 - Additional funds - Supplemental annual assessment

(a)
In order to effectuate the plan of improvement and to maintain the improvements constructed thereunder, it may be desirable to provide additional funds for operation, maintenance, repairs, and replacements and to levy a supplemental annual assessment upon the property owners within the district in order to provide funds for such purposes.
(b)
The supplemental annual assessment for operation, maintenance, repairs, and replacements shall be in addition to that levied and collected upon the assessment of benefits which has been, or may be, pledged and mortgaged to retire bonded indebtedness of the district as authorized in this chapter.
(c)
The petition requesting the creation of the district, and the ordinances creating the district and levying the tax on the assessment of benefits to provide for the retirement of bonded indebtedness, may also provide for a continuing supplemental annual levy of an assessment, which shall be designated for the purposes of operation, maintenance, repairs, and replacements of the improvements.
(d)
However, if the petition requesting the creation of the district does not contain a provision requesting the levy of a supplemental annual assessment for operation, maintenance, repairs, and replacements, a majority in value of the owners of real property within the district may at any time petition the governing body for the adoption of an ordinance levying the supplemental assessment.
(e)
If such petition is later filed, it shall be the duty of the governing body to adopt the requested ordinance upon inquiry only as to the sufficiency of the petition.
(f)
The levy and collection of the supplemental annual assessment for operation, maintenance, repairs, and replacements shall not operate to reduce the total of the assessed benefits which may be, or may have been, mortgaged and pledged to secure bonded indebtedness of the district.
(g)
Upon request of the board, the annual supplemental assessment may be adjusted no more frequently than annually by the governing body.
(h)
Collection of the supplemental assessment for operation, maintenance, repairs, and replacements shall be in the same manner as for the collection of assessment of benefits pledged to retire indebtedness of the district. The failure to pay the supplemental assessments shall be enforced by proceedings in the same manner as other delinquent assessments.
Acts 1975, No. 746, § 14; A.S.A. 1947, § 20-1814.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 123 - LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-123-201 — 14-123-608) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-123-201 — 14-123-205) › Section 14-123-201 - Authority to create districts

The county courts of the several counties in this state containing lands subject to overflow may divide the territory of their respective counties subject to overflow into one (1) or more districts, having reference to the locality of the land and the character of the river front, including in each of the districts as nearly as is possible all lands subject to overflow from the same crevasses or direction, which can be protected by the same system of levees.
Acts 1891, No. 163, § 1, p. 297; C. & M. Dig., §§ 6811, 6812; Pope's Dig., §§ 4537, 4538; A.S.A. 1947, § 21-601.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 123 - LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-123-201 — 14-123-608) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-123-201 — 14-123-205) › Section 14-123-202 - Notice of proposed district formation

(a)
No district shall be formed unless notice of an intention to apply therefor is first given by posting written notices in three (3) public places in the limits of the proposed district at least ten (10) days before the formation of the district.
(b)
Notice may be given by any land holder in the district or by order of the court made at a preceding term.
Acts 1879, No. 78, § 1, p. 117; C. & M. Dig., § 6814; Pope's Dig., § 4540; A.S.A. 1947, § 21-603.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 123 - LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-123-201 — 14-123-608) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-123-201 — 14-123-205) › Section 14-123-203 - District name

The court shall designate a number or name for each district, and the district shall be known and designated by number or name, thus:
"Levee District No. ..............., County ..............., Levee District ............... County."
Acts 1879, No. 78, § 5, p. 117; C. & M. Dig., § 6821; Pope's Dig., § 4547; A.S.A. 1947, § 21-607.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 123 - LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-123-201 — 14-123-608) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-123-201 — 14-123-205) › Section 14-123-204 - Consolidation of levee districts and boards - Cooperation with other states

(a)
If there is land in one (1) or more counties subject to overflow from the same crevasses or direction, and which can be protected by the same system of levees, the directors of the several levee districts of the one (1) or more counties may, by the consent of the county court or courts of the county or counties entered of record, consolidate the several levee districts into one (1) levee district, and the directors of the several levee districts shall constitute the board of directors of the consolidated levee district and shall represent the several levee districts in the consolidated levee district.
(b)
The board of directors of the consolidated levee district shall elect a president, secretary, treasurer, and auditor and allow salary to each as his or her services may justify.
(c)
The board of directors of the consolidated levee district shall control and supervise the interests of the several levee districts within the consolidated levee district, and the officers of all county levee boards within the consolidated levee district shall report to the board of directors of the consolidated levee district through their county directors.
(d)
The board of directors of the consolidated levee district may cooperate with any levee board of another state if necessary to complete the system of levees within the consolidated levee district.
(e)
The notice required under §
14-123-202
for the formation of a new levee district is not required for the consolidation of existing levee districts under this section.
Amended by Act 2021, No. 265,§ 1, eff. 7/28/2021.
Acts 1891, No. 163, § 1, p. 297; C. & M. Dig., §§ 6811, 6812; Pope's Dig., §§ 4537, 4538; A.S.A. 1947, § 21-601.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 123 - LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-123-201 — 14-123-608) › Subchapter 2 - DISTRICT ESTABLISHMENT (§§ 14-123-201 — 14-123-205) › Section 14-123-205 - Boundaries - Change or alteration

(a)
The court may lay off levee districts or change or alter the boundaries of existing levee districts at any regular term.
(b)
When an alteration or change in the boundary line of any existing levee district is desired and the new territory sought to be embraced in the alteration or change lies in two (2) or more counties, either county, with the consent of the county court of the other county or counties, entered of record, may make the change or alteration. The court of the county making the change or alteration shall have the same jurisdiction and power over the lands and officers of the district as if the district were wholly within the county.
(c)
The notice required by §
14-123-202
, for the formation of any new district, shall not be required for the change or alteration in the boundaries of an existing district.
Acts 1879, No. 78, § 1, p. 117; 1889, No. 26, § 1, p. 27; C. & M. Dig., § 6813; Pope's Dig., § 4539; A.S.A. 1947, § 21-602.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 123 - LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-123-201 — 14-123-608) › Subchapter 3 - BOARD OF DIRECTORS OR ASSESSORS (§§ 14-123-301 — 14-123-316) › Section 14-123-301 - Election of directors and assessors - In general - Erroneous selection of commissioners or directors

(a)
At the term of the court at which the districts may be laid off, or at any future term, the court shall designate and fix a day of election for three (3) directors of levees and three (3) assessors of lands in each of the districts and shall appoint three (3) judges of election to hold the election.
(b)
The election shall be held in accordance with the general election laws of the state, except that none but landholders of the district and mortgagees in possession after condition broken shall be allowed to vote at the election, be eligible to election to either of the offices, or to act as judges at the election, except that guardians duly appointed, and who shall have given bond and received letters of guardianship of infant heirs or insane persons owning land in the district, may vote in right of their respective wards.
(c)
Where any levee district in Arkansas organized under any general or special act of the General Assembly provided for election of commissioners or directors and, through error, such commissioners or directors have not been elected but selected by some other method, and such commissioners or directors have served as such commissioners or directors in good faith, the acts of such commissioners and directors are hereby validated and shall have the same force and effect as though such commissioners or directors had been selected in the manner provided by law.
(d)
In any levee district heretofore established which is now operating with a board of commissioners or directors, all of whom have taken, or, within thirty (30) days after March 26, 1991, take the oath required by law, said commissioners or directors may continue to serve for the terms prescribed by law, and the acts of such boards are hereby validated.
Acts 1879, No. 78, § 2, p. 117; C. & M. Dig., §§ 6815, 6816; Pope's Dig., §§ 4541, 4542; A.S.A. 1947, § 21-604; Acts 1991, No. 778, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 123 - LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-123-201 — 14-123-608) › Subchapter 3 - BOARD OF DIRECTORS OR ASSESSORS (§§ 14-123-301 — 14-123-316) › Section 14-123-302 - Voting by nonresident bondholders

Nonresident bondholders, as well as resident landowners, shall be allowed to vote at such elections and also have a vote in determining when work shall be done, as prescribed in §
14-123-301
, and the nonresident bondholders may cast their votes either by themselves or by their agents or attorney in fact, duly appointed.
Acts 1879, No. 78, § 18, p. 117; C. & M. Dig., § 6841; Pope's Dig., § 4567; A.S.A. 1947, § 21-609.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 123 - LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-123-201 — 14-123-608) › Subchapter 3 - BOARD OF DIRECTORS OR ASSESSORS (§§ 14-123-301 — 14-123-316) › Section 14-123-303 - Certification of unopposed candidates without election

(a)
In all elections held within this state for the election of directors or commissioners of any levee district, the names of unopposed candidates shall not be printed on the ballot, and the election commissioners of the county shall certify as elected the person who qualifies for the office.
(b)
In the event all of the candidates within the county are unopposed, no election shall be held in the county. The person qualifying for the office shall be certified by the county board of election commissioners as the duly elected director or commissioner of the district and shall receive from the county board of election commissioners a certificate of election to the office.
Acts 1967, No. 504, § 1; A.S.A. 1947, § 21-605.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 123 - LEVEE IMPROVEMENT DISTRICTS GENERALLY (§§ 14-123-201 — 14-123-608) › Subchapter 3 - BOARD OF DIRECTORS OR ASSESSORS (§§ 14-123-301 — 14-123-316) › Section 14-123-304 - Procedure at polls - Depositing ballots and returns

(a)
The judges of the election shall:
(1)
Open the polls;
(2)
Appoint two (2) clerks of election;
(3)
Proceed to hold the election by ballot;
(4)
Keep the polls open until sundown of election day; and
(5)
Cause poll books to be kept and the name of each voter to be recorded with the number of his ballot.
(b)
Ballots shall be counted, and the result of the election shall be declared and recorded and the returns signed by the judges and clerks of the election.
(c)
The returns and ballots shall be:
(1)
Sealed up and directed to the judge of the county court;
(2)
Sealed up in separate envelopes; and
(3)
Deposited in the clerk's office of the county by one (1) of the judges of the election within five (5) days after the election is held.
Acts 1879, No. 78, § 3, p. 117; C. & M. Dig., § 6817; Pope's Dig., § 4543; A.S.A. 1947, § 21-605.