reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 170 - TOURISM GENERALLY (§§ 14-170-201 — 14-170-214) › Subchapter 2 - TOURISM REVENUE BONDS (§§ 14-170-201 — 14-170-214) › Section 14-170-214 - Intergovernmental agreements

Municipalities and counties are authorized to enter into and carry out appropriate agreements with any agency or political subdivision of the federal government or of the State of Arkansas pertaining to the accomplishment of the purposes authorized by this subchapter, including, without limitation, loan agreements for the borrowing of money and agreements pertaining to grants.
Acts 1971, No. 380, § 11; A.S.A. 1947, § 13-1811.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 1 - GENERAL PROVISIONS (§ 14-171-101) › Section 14-171-101 - Restrictions on funds

Nothing in §
22-3-1009
shall prohibit the use of funds provided under the City-County Tourist Meeting and Entertainment Facilities Assistance Law, §
14-171-201
et seq., for eligible facilities as defined in §
14-171-203(7)
.
Acts 1995, No. 185, § 3; 1995, No. 269, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 2 - CITY-COUNTY TOURIST MEETING AND ENTERTAINMENT FACILITIES (§§ 14-171-201 — 14-171-218) › Section 14-171-201 - Title

This subchapter may be cited as the "City-County Tourist Meeting and Entertainment Facilities Assistance Law."
Acts 1977, No. 763, § 1; A.S.A. 1947, § 19-5501.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 2 - CITY-COUNTY TOURIST MEETING AND ENTERTAINMENT FACILITIES (§§ 14-171-201 — 14-171-218) › Section 14-171-203 - Definition

As used in this subchapter, unless the context otherwise requires, "eligible facility" means a facility:
(1)
With a valid agreement entered into with the State Board of Finance pursuant to this subchapter as of June 30, 2000; or
(2)
That has submitted an application to the State Board of Finance for assistance under the provisions of this subchapter as of January 1, 2001.
Acts 1977, No. 763, § 3; 1979, No. 212, § 2; A.S.A. 1947, § 19-5503; Acts 1991, No. 647, § 1; 1993, No. 164, § 3; 1995, No. 185, §§ 1, 2; 1995, No. 269, §§ 1, 2; 1995, No. 1156, § 3; 1997, No. 753, § 2; 2001, No. 1073, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 2 - CITY-COUNTY TOURIST MEETING AND ENTERTAINMENT FACILITIES (§§ 14-171-201 — 14-171-218) › Section 14-171-210 - State assistance

The payments provided for in this subchapter shall be subject to the approval of and specific appropriation by the General Assembly and shall be for a term of not longer than two (2) years, but may be extended from time to time for additional terms of not to exceed two (2) years each, subject to the approval of and appropriation by the General Assembly.
Acts 1977, No. 763, § 4; 1979, No. 212, § 5; 1979, No. 569, § 4; A.S.A. 1947, § 19-5504; Acts 1989, No. 821, § 4; 1993, No. 164, § 7; 1995, No. 1156, § 4; 1997, No. 753, § 4; 2001, No. 1073, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 2 - CITY-COUNTY TOURIST MEETING AND ENTERTAINMENT FACILITIES (§§ 14-171-201 — 14-171-218) › Section 14-171-211 - City-County Tourist Facilities Aid Fund - Creation

There is created and established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the City-County Tourist Facilities Aid Fund.
Acts 1977, No. 763, § 5; 1979, No. 212, § 6; 1979, No. 569, § 5; 1983, No. 356, § 1; A.S.A. 1947, § 19-5505.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 2 - CITY-COUNTY TOURIST MEETING AND ENTERTAINMENT FACILITIES (§§ 14-171-201 — 14-171-218) › Section 14-171-212 - City-County Tourist Facilities Aid Fund - Transfer of funds

(a)
The Treasurer of State, before making the percentage distributions of general revenues as provided by law, shall deduct from the General Revenue Fund Account of the State Apportionment Fund an amount of moneys necessary to meet the quarterly payments to cities and counties that are associated with the eligible facilities and shall credit them to the City-County Tourist Facilities Aid Fund.
(b)
The Treasurer of State shall make no deductions or credits pursuant to this section in any biennium for which the General Assembly has not approved payments under this subchapter and appropriated funds for them.
Acts 1977, No. 763, § 5; 1979, No. 212, § 6; 1979, No. 569, § 5; 1983, No. 356, § 1; A.S.A. 1947, § 19-5505; Acts 1993, No. 164, § 8; 1995, No. 1156, § 5; 1997, No. 753, § 5; 2001, No. 1073, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 2 - CITY-COUNTY TOURIST MEETING AND ENTERTAINMENT FACILITIES (§§ 14-171-201 — 14-171-218) › Section 14-171-214 - City-County Tourist Facilities Aid Fund - Accounting

Moneys deposited in the City-County Tourist Facilities Aid Fund shall be accounted for so as to determine that the moneys in it being held are paid to each participating city and county.
Acts 1977, No. 763, § 5; 1979, No. 212, § 6; 1979, No. 569, § 5; 1983, No. 356, § 1; A.S.A. 1947, § 19-5505.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 2 - CITY-COUNTY TOURIST MEETING AND ENTERTAINMENT FACILITIES (§§ 14-171-201 — 14-171-218) › Section 14-171-216 - Suspension of local tax

Any city or county entering into an agreement pursuant to §
14-171-210
may provide for suspension, in whole or in part, of the collection of any tax voted for payment of its general obligation bonds issued in accordance with an agreement under §
14-171-210
in any year when moneys derived from state assistance under this subchapter or from other sources are available for payment of all, or a portion of, the debt service on the bonds.
Acts 1977, No. 763, § 7; A.S.A. 1947, § 19-5507.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 2 - CITY-COUNTY TOURIST MEETING AND ENTERTAINMENT FACILITIES (§§ 14-171-201 — 14-171-218) › Section 14-171-217 - Pledge of state revenues prohibited

(a)
Nothing in this subchapter shall be construed as authorizing the pledging of the faith and credit of the state or any of its revenues, either for the performance of the obligations of the state under the agreements authorized by §§
14-171-204
-
14-171-210
or for the payment of bonds issued pursuant to such agreements.
(b)
All payments to cities and counties under agreements entered into in accordance with this subchapter are made subject to specific appropriations for such purpose and nothing in this subchapter, or in any agreement entered into pursuant to this subchapter, shall be construed to require the General Assembly to make any appropriation pursuant to this subchapter, or such agreement, or to prohibit the General Assembly from amending or repealing this subchapter at any time.
Acts 1977, No. 763, § 8; A.S.A. 1947, § 19-5508.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 171 - TOURIST FACILITIES (§§ 14-171-101 — 14-171-218) › Subchapter 2 - CITY-COUNTY TOURIST MEETING AND ENTERTAINMENT FACILITIES (§§ 14-171-201 — 14-171-218) › Section 14-171-218 - Future applicants

Any applications submitted after January 1, 2001, for state aid for the expansion of eligible facilities or for new facilities shall be submitted to the General Assembly and any appropriation for the expansion or new facility shall be made from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund.
Amended by Act 2019, No. 82,§ 6, eff. 7/1/2019.
Acts 2001, No. 1073, § 8.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-201 - Title

This subchapter shall be known and may be cited as the "Historic Districts Act."
Acts 1963, No. 484, § 1; A.S.A. 1947, § 19-5001.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-202 - Purpose

The purpose of this subchapter is to promote the educational, cultural, economic, and general welfare of the public through the preservation and protection of buildings, sites, places, and districts of historic interest through the maintenance of such as landmarks in the history of architecture of the municipality, of the state, and of the nation, and through the development of appropriate settings for such buildings, places, and districts.
Acts 1963, No. 484, § 2; A.S.A. 1947, § 19-5002.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-203 - Applicability

None of the provisions of this subchapter shall be in operation until and unless:
(1)
There shall have been filed, with the clerk of the city, town, or county in which an historic district is contemplated, a petition signed by a majority in numbers of the property owners within the proposed historic district agreeing that their property shall be included in the historic district; or
(2)
The boundaries of the proposed historic district are identical to and encompass the area of a National Register of Historic Places Historic District as certified by the United States Department of the Interior.
Acts 1963, No. 484, § 10; 1965, No. 170, § 2; 1979, No. 371, § 1; A.S.A. 1947, § 19-5010; Acts 1993, No. 194, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-204 - Penalty

(a)
A person who violates this subchapter is guilty of a violation and upon conviction shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500).
(b)
Each day that a violation under this section continues to exist constitutes a separate offense.
Amended by Act 2023, No. 203,§ 25, eff. 8/1/2023.
Acts 1963, No. 484, § 11; A.S.A. 1947, § 19-5011.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-205 - Enforcement

The chancery court having jurisdiction over the property in question shall have jurisdiction in equity to enforce the provisions of this subchapter in the rulings issued under it and may restrain by injunction violations of it.
Acts 1963, No. 484, § 10; 1965, No. 170, § 2; 1979, No. 371, § 1; A.S.A. 1947, § 19-5010.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-206 - Historic district commissions

(a)
(1)
An historic district commission shall consist of no less than five (5) members nor more than nine (9) members.
(A)
When the district is located within the boundaries of any city or incorporated town, the commission members shall:
(i)
Be appointed by the mayor, subject to confirmation by the governing body of the city;
(ii)
Be electors of the municipality; and
(iii)
Hold no salaried or elective municipal office.
(B)
When a district is located outside the boundaries of any city or incorporated town, the commission members shall:
(i)
Be appointed by the county judge subject to confirmation by the quorum court;
(ii)
Be electors of the county; and
(iii)
Hold no salaried or elective county office.
(2)
(A)
The appointments to membership on the commission shall be so arranged that the term of at least one (1) member will expire each year, and their successors shall be appointed in a like manner for terms of three (3) years.
(B)
Vacancies shall be filled in like manner for the unexpired term.
(b)
All members shall serve without compensation.
(c)
The commission shall elect a chairman and vice chairman annually from its own number.
(d)
The commission may adopt rules and regulations not inconsistent with the provisions of this subchapter and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept money, gifts, or grants and use them for these purposes.
Acts 1963, No. 484, § 4; A.S.A. 1947, § 19-5004; Acts 1993, No. 194, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-208 - Certificate of appropriateness required - Definition

(a)
(1)
No building or structure, including stone walls, fences, light fixtures, steps, and paving or other appurtenant fixtures, shall be erected, altered, restored, moved, or demolished within an historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the historic district commission. The municipality or county shall require a certificate of appropriateness to be issued by the commission prior to the issuance of a building permit or other permit granted for purposes of constructing or altering structures. A certificate of appropriateness shall be required whether or not a building permit is required.
(2)
For purposes of this subchapter, "exterior architectural features" shall include the architectural style, general design, and general arrangement of the exterior of a structure, including the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures.
(b)
The style, material, size, and location of outdoor advertising signs and bill posters within an historic district shall also be under the control of the commission.
Acts 1963, No. 484, § 5; A.S.A. 1947, § 19-5005; Acts 1993, No. 194, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-209 - Determination on application for certificate

(a)
Within a reasonable time, not to exceed thirty (30) days after the filing of an application for a certificate of appropriateness with the historic district commission, the commission shall determine the property to be materially affected by the application and immediately send by mail, postage prepaid, to the applicant and to the owners of all such properties to be materially affected notice of the hearing to be held by the commission on the application.
(b)
(1)
The commission may hold such public hearings as are necessary in considering any applications for certificates of appropriateness.
(2)
The commission shall act on an application for certificate of appropriateness within a reasonable period of time.
(3)
The commission shall determine whether the proposed construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, or appurtenant fixtures involved will be appropriate to the preservation of the historic district for the purposes of this subchapter, or whether, notwithstanding that it may be inappropriate, owing to conditions especially affecting the structure involved, but not affecting the historic district generally, failure to issue a certificate of appropriateness will involve a substantial hardship, financial or otherwise, to the applicant, and whether the certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this subchapter.
(c)
(1)
If the commission determines that the proposed construction, reconstruction, alteration, restoration, moving, or demolition is appropriate or is not appropriate, owing to conditions as aforesaid, but that failure to issue a certificate of appropriateness would involve substantial detriment or derogation as aforesaid, or if the commission fails to make a determination within a reasonable time prescribed by ordinance, the commission shall forthwith approve the application and shall issue to the applicant a certificate of appropriateness.
(2)
If the commission determines that a certificate of appropriateness should not be issued, it shall place upon its records the reasons for the determination and may include recommendations respecting the proposed construction, reconstruction, alteration, restoration, moving, or demolition.
(3)
The commission shall immediately notify the applicant of the determination.
Acts 1963, No. 484, § 7; A.S.A. 1947, § 19-5007.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-210 - Certain changes not prohibited

Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change in design, material, color, or outer appearance thereof; nor to prevent the construction, reconstruction, alteration, restoration, or demolition of any such feature which the building inspector, or similar agent, shall certify is required for the public safety because of an unsafe or dangerous condition; nor to prevent the construction, reconstruction, alteration, restoration, or demolition of any such feature under a permit issued by a building inspector, or similar agent, prior to the effective date of the establishment of the historic district.
Acts 1963, No. 484, § 8; A.S.A. 1947, § 19-5008.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-211 - Interior architectural features

In its deliberations under this subchapter, the historic district commission shall not consider interior arrangement or use and shall take no action under this subchapter except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, or appurtenant fixtures in the historic district obviously incongruous with the historic aspects of the district.
Acts 1963, No. 484, § 6; A.S.A. 1947, § 19-5006.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 172 - HISTORIC DISTRICTS (§§ 14-172-201 — 14-172-212) › Subchapter 2 - CITIES AND TOWNS (§§ 14-172-201 — 14-172-212) › Section 14-172-212 - Appeal from decision

(a)
(1)
Any applicant aggrieved by the determination of the historic district commission, within thirty (30) days after the making of the decision, may appeal to the chancery court of the county wherein the property is located.
(2)
The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the reasons given for the determination to be unsupported by the evidence or to be insufficient in law and may make such other decree as justice and equity may require.
(b)
The remedy provided by this section shall be exclusive; but the applicant shall have all rights of appeal as in other equity cases.
Acts 1963, No. 484, § 9; A.S.A. 1947, § 19-5009.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 173 - ECONOMIC DEVELOPMENT GRANTS (§§ 14-173-101 — 14-173-105) › Section 14-173-101 - Title

This chapter shall be known and cited as the "City and County Economic Development Grant Authorization Act".
Acts 1989, No. 405, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 173 - ECONOMIC DEVELOPMENT GRANTS (§§ 14-173-101 — 14-173-105) › Section 14-173-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"City" means any city of the first class, any city of the second class, or any incorporated town established by the laws of the State of Arkansas;
(2)
"County" means any county in the State of Arkansas;
(3)
"Economic development grant program" means a governmental program to award grants to nonprofit corporations to encourage the location, relocation, creation, or development of a business, industry, manufacturing facility, transportation facility, or other economic unit which creates jobs, employs people, or generates economic activity;
(4)
"Grant" means an award or transfer of public funds to a nonprofit corporation under a set of prescribed criteria to accomplish the public purpose of economic development in the city or in the county or in their surrounding areas; and
(5)
"Grantee" means the nonprofit corporation to whom the grant is awarded based on the prescribed criteria for awarding the funds under the establishing ordinance.
Acts 1989, No. 405, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 173 - ECONOMIC DEVELOPMENT GRANTS (§§ 14-173-101 — 14-173-105) › Section 14-173-103 - Authority to establish programs

(a)
The governing body of any city or the quorum court of any county in Arkansas shall be authorized under this subchapter to establish by ordinance a program for the awarding of grants to any nonprofit corporation, organization, or association to aid or assist or otherwise promote economic development in the city or the county or in their surrounding areas.
(b)
The grants shall be paid from funds appropriated by the governing body of the city or the quorum court for the economic development grant program authorized by this subchapter.
Acts 1989, No. 405, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 173 - ECONOMIC DEVELOPMENT GRANTS (§§ 14-173-101 — 14-173-105) › Section 14-173-104 - Grant ordinance

The city or county economic development grant ordinance shall:
(1)
Provide for the mayor or county judge or a designee to administer the grant program authorized under this subchapter;
(2)
Require the mayor or county judge to take the necessary action to ensure that the funds are used for the purposes for which the grant is to be awarded and that they are expended in accordance with all state laws and local ordinances and other local procedures and regulations of the awarding government;
(3)
Specify the procedure for receiving applications for grants, who is eligible to apply for grants, the economic development goals and objectives of the city or county economic development grant program, and the procedures for awarding the grants; and
(4)
Require the grantee to file a report with the governing body of the city or the quorum court of the county within thirty (30) days after the end of the calender year in which the grant is awarded, explaining the exact amount of expenditures of the grant funds, the purpose for which the grant fund was awarded and expended, and the economic development goals and objectives that were accomplished as a result of the expenditure of the grant funds.
Acts 1989, No. 405, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 173 - ECONOMIC DEVELOPMENT GRANTS (§§ 14-173-101 — 14-173-105) › Section 14-173-105 - Application and award

(a)
The mayor or county judge or a designee shall promulgate the forms to be used in applying for the city or county economic development grant.
(b)
All applications shall be submitted as required by the establishing ordinance.
(c)
After receipt of the application, the mayor or county judge or a designee shall review the economic development grant applications and shall select the applications by rank order which will best fulfill the economic goals and objectives of the economic development grant program as described by the enabling ordinance. The mayor or county judge or a designee shall then award the economic development grants to the grant applicants based on their rank order on the list of grant applications.
(d)
The grants may be awarded until all funds appropriated by the governing body of the city or the county quorum court for grants have been expended.
Acts 1989, No. 405, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 174 - ECONOMIC DEVELOPMENT TAX (§§ 14-174-101 — 14-174-109) › Section 14-174-101 - Purpose

The purpose of this subchapter is to provide cities and counties with the authority to levy taxes to raise revenue for funding economic development projects to stimulate the local economy and to support private sector job creation opportunities. No funds generated by any tax levied pursuant to this subchapter shall be used as general operating revenue, but shall be expended for the purposes prescribed by §§
14-174-105
-
14-174-107
or §
14-174-109
.
Acts 1993, No. 1012, § 1; 1993, No. 1069, § 1; 2005, No. 1372, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 174 - ECONOMIC DEVELOPMENT TAX (§§ 14-174-101 — 14-174-109) › Section 14-174-102 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"County" means each of the counties of this state;
(2)
"Municipality" and "city" mean any city or incorporated town in this state; and
(3)
[Repealed.]
(4)
"Local government" means city or county.
Amended by Act 2019, No. 910,§ 3393, eff. 7/1/2019.
Acts 1993, No. 1012, § 2; 1993, No. 1069, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 174 - ECONOMIC DEVELOPMENT TAX (§§ 14-174-101 — 14-174-109) › Section 14-174-103 - Levy of new taxes permitted

(a)
(1)
In addition to all other authority of local governments to levy taxes provided by law, any county, acting through its quorum court, or any municipality, acting through its governing body, may levy any tax.
(2)
(A)
However, no ordinance levying any tax authorized by this subchapter shall be valid until adopted at a special election in accordance with §
7-11-201
et seq. by qualified electors of the city or in the county where the tax is to be imposed, as the case may be.
(B)
An election will also be required to increase, decrease, or repeal a tax levied pursuant to this subchapter.
(b)
Nothing in this subchapter shall be construed to diminish the existing powers of county governments or city governments.
(c)
Nothing in this subchapter shall terminate, repeal, or otherwise affect any other tax levied by a local government.
(d)
The local government levying the tax shall collect and administer the tax.
Acts 1993, No. 1012, § 3; 1993, No. 1069, § 3; 2005, No. 2145, § 48; 2007, No. 1049, § 69; 2009, No. 1480, § 88.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 174 - ECONOMIC DEVELOPMENT TAX (§§ 14-174-101 — 14-174-109) › Section 14-174-104 - Levy of sales and use taxes currently authorized

(a)
The local government may levy a sales or use tax pursuant to any other currently existing statutory authority to levy the tax and provide that the proceeds generated by the tax are to be used for any purpose authorized by this subchapter.
(b)
The Department of Finance and Administration will administer and collect any sales or use tax levied under this section if the Department of Finance and Administration would have administered and collected the tax had the tax been levied solely pursuant to the primary statutory authority to levy the tax. The primary statutory authority to levy the tax is the statute upon which the local government relied for levying the tax, not this subchapter.
Acts 1993, No. 1012, § 4; 1993, No. 1069, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 174 - ECONOMIC DEVELOPMENT TAX (§§ 14-174-101 — 14-174-109) › Section 14-174-105 - Disposition of funds - Definitions

(a)
As used in this section:
(1)
"Economic development project" means the land, buildings, furnishings, equipment, facilities, infrastructure, and improvements that are required or suitable for the development, retention, or expansion of:
(A)
Manufacturing, production, and industrial facilities;
(B)
Research, technology, and development facilities;
(C)
Recycling facilities;
(D)
Distribution centers;
(E)
Call centers;
(F)
Warehouse facilities;
(G)
Job training facilities;
(H)
Regional or national corporate headquarters facilities; and
(I)
Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments;
(2)
"Economic development service" means:
(A)
Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion;
(B)
Supervision and operation of industrial parks or other such properties; and
(C)
Negotiation of contracts for the sale or lease of industrial parks or other such properties; and
(3)
"Infrastructure" means:
(A)
Land acquisition;
(B)
Site preparation;
(C)
Road and highway improvements;
(D)
Rail spur, railroad, and railport construction;
(E)
Water service;
(F)
Wastewater treatment;
(G)
Employee training, which may include equipment for such purpose; and
(H)
Environmental mitigation or reclamation.
(b)
The taxes levied under this subchapter may be utilized:
(1)
For construction, reconstruction, demolition, site development, contracts, and related costs associated with the creation, expansion, and rehabilitation of water or sewer systems, streets and roads, bridges, drainage, and other vital public facilities;
(2)
To establish and operate local economic development programs;
(3)
To obtain or appropriate money for a corporation, association, institution, or individual to:
(A)
Finance an economic development project; or
(B)
Provide economic development services; and
(4)
As a pledge to secure the issuance of bonds under the Local Government Bond Act of 1985, §
14-164-301
et seq., by a municipality, a county, or a corporation organized under the Public Corporations for Economic Development Act, §
14-175-101
et seq.
Amended by Act 2019, No. 1072,§ 4, eff. 7/24/2019.
Amended by Act 2017, No. 686,§ 2, eff. 3/27/2017.
Acts 1993, No. 1012, § 5; 1993, No. 1069, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 174 - ECONOMIC DEVELOPMENT TAX (§§ 14-174-101 — 14-174-109) › Section 14-174-106 - Public facilities

To secure, develop, preserve, and maintain the local economy, local governments are authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of any facility. For the purposes of this section, "facility" means land, interests in land, buildings, furnishings, machinery, equipment, or related improvements necessary or useful for the securing, developing, preserving, or maintaining of economic activity within or near the municipality or county.
Acts 1993, No. 1012, § 6; 1993, No. 1069, § 6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 174 - ECONOMIC DEVELOPMENT TAX (§§ 14-174-101 — 14-174-109) › Section 14-174-107 - Services

To secure professional economic and industrial development management expertise, local governments are authorized to contract for such services with a community-based not-for-profit economic development corporation. For the purposes of this section, "management" means economic and industrial development planning, marketing, advertising, public relations, supervision and operation of industrial parks or other such properties, negotiation of contracts for the sale or lease of such properties, and such other operating expenses as the governing body may deem necessary, convenient, or appropriate. A "community-based not-for-profit economic development corporation" means an organization formed for the same or similar purposes as those contained in this subchapter, which may be a chamber of commerce, industrial development corporation, or similar corporation.
Acts 1993, No. 1012, § 7; 1993, No. 1069, § 7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 174 - ECONOMIC DEVELOPMENT TAX (§§ 14-174-101 — 14-174-109) › Section 14-174-108 - Joint agreements

Any two (2) or more local governments within a single county, or any two (2) or more adjacent counties, may enter into agreements to jointly perform any power granted under this subchapter.
Acts 1993, No. 1012, § 8; 1993, No. 1069, § 8.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 174 - ECONOMIC DEVELOPMENT TAX (§§ 14-174-101 — 14-174-109) › Section 14-174-109 - Public corporation for economic development

(a)
The sales and use taxes levied or authorized under this subchapter may be used for the sole use and benefit of a corporation organized under the Public Corporations for Economic Development Act, §
14-175-101
et seq.
(b)
(1)
On receipt from the Secretary of the Department of Finance and Administration of the net proceeds of the sales and use tax levied or authorized under this subchapter, the local government shall deliver all of the proceeds to the corporation to use in carrying out its functions.
(2)
However, if the sales and use taxes levied under this subchapter are pledged to secure the issuance of bonds by a corporation under §
14-174-105(b)(4)
, upon approval by resolution of the corporation, the local government shall hold the proceeds separate and apart in trust, as directed by the corporation.
(c)
At an election called and held under §
14-174-103
, the local government may also allow the voters to vote on a ballot proposition that limits the length of time that a sales and use tax may be imposed.
Amended by Act 2019, No. 910,§ 3394, eff. 7/1/2019.
Amended by Act 2017, No. 686,§ 3, eff. 3/27/2017.
Acts 2005, No. 1372, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 175 - PUBLIC CORPORATIONS FOR ECONOMIC DEVELOPMENT ACT (§§ 14-175-101 — 14-175-116) › Section 14-175-101 - Title

This chapter shall be known and may be cited as the "Public Corporations for Economic Development Act".
Acts 2005, No. 1372, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 175 - PUBLIC CORPORATIONS FOR ECONOMIC DEVELOPMENT ACT (§§ 14-175-101 — 14-175-116) › Section 14-175-102 - Intent

It is the intent of the General Assembly by the enactment of this chapter to authorize in each municipality and county in this state the incorporation of a public corporation as a political subdivision of the state for the purpose of securing and developing industry and fostering economic development and to invest the corporation with all powers that may be necessary to enable it to accomplish those purposes.
Acts 2005, No. 1372, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 175 - PUBLIC CORPORATIONS FOR ECONOMIC DEVELOPMENT ACT (§§ 14-175-101 — 14-175-116) › Section 14-175-104 - Construction

(a)
This chapter shall be liberally construed in conformity with its intent.
(b)
(1)
All acts and activities of the public corporation performed under the authority of this chapter are legislatively determined and declared to be essential governmental functions.
(2)
The General Assembly determines and declares that this chapter is the sole authority necessary for the performance of the acts authorized by this chapter.
Acts 2005, No. 1372, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 175 - PUBLIC CORPORATIONS FOR ECONOMIC DEVELOPMENT ACT (§§ 14-175-101 — 14-175-116) › Section 14-175-105 - Authority generally

There is conferred upon corporations incorporated as public corporations under this chapter the authority to take such action and to do or cause to be done such things as shall be necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import of this chapter.
Acts 2005, No. 1372, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 175 - PUBLIC CORPORATIONS FOR ECONOMIC DEVELOPMENT ACT (§§ 14-175-101 — 14-175-116) › Section 14-175-106 - Authority and procedure to incorporate

(a)
Whenever any number of natural persons, but not fewer than three (3), files with the governing body an application in writing for authority to incorporate a public corporation under this chapter, if it is made to appear to the governing body that each of the persons is a duly qualified elector of the municipality or county creating the corporation and if the governing body adopts a resolution that declares that it will be wise, expedient, and necessary that a public corporation be formed and that the persons filing the application may proceed to form a corporation, then the persons shall become the incorporators of and shall proceed to incorporate the corporation in the manner provided in this chapter.
(b)
No corporation shall be formed under this chapter unless:
(1)
The application provided for in this section is made; and
(2)
The resolution provided for in this section is adopted.
(c)
No county or municipality may authorize more than one (1) corporation under this chapter.
Acts 2005, No. 1372, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 175 - PUBLIC CORPORATIONS FOR ECONOMIC DEVELOPMENT ACT (§§ 14-175-101 — 14-175-116) › Section 14-175-107 - Articles of incorporation

(a)
The articles of incorporation of the corporation shall state:
(1)
The names of the persons forming the corporation, together with the residence of each person forming the corporation, and a statement that each person is a qualified elector of the municipality or county;
(2)
The name of the corporation, which shall be:
(A)
"The Economic Development Corporation of [City], Arkansas";
(B)
"The Economic Development Corporation of [Town], Arkansas";
(C)
"The Economic Development Corporation of [County], Arkansas"; or
(D)
Some other name of similar import; and
(3)
Any other matters relating to the corporation required by the Arkansas Nonprofit Corporation Act of 1993, §
4-33-101
et seq., or that the incorporators may choose to insert, and which are not inconsistent with this chapter or with the laws of this state.
(b)
(1)
The form and content of the articles of incorporation shall be submitted to the governing body for its approval.
(2)
The governing body shall evidence approval by a resolution entered upon the minutes of the governing body.
Acts 2005, No. 1372, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 175 - PUBLIC CORPORATIONS FOR ECONOMIC DEVELOPMENT ACT (§§ 14-175-101 — 14-175-116) › Section 14-175-108 - Execution and recording of articles

(a)
The articles of incorporation shall be signed and acknowledged by the incorporators and shall have attached to them a certified copy of the resolution required by §
14-175-107
.
(b)
(1)
The articles of incorporation, together with a certified copy of the resolution required by §
14-175-107
, shall be filed in the location or locations required by the Arkansas Nonprofit Corporation Act of 1993, §
4-33-101
et seq.
(2)
When the articles of incorporation and attached resolution have been so filed, the corporation referred to in the articles shall come into existence and shall constitute a body corporate and politic and a political subdivision of the state under the name set forth in the articles of incorporation, whereupon the corporation shall be vested with the rights and powers granted in this chapter.
Acts 2005, No. 1372, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 175 - PUBLIC CORPORATIONS FOR ECONOMIC DEVELOPMENT ACT (§§ 14-175-101 — 14-175-116) › Section 14-175-109 - Board of directors

(a)
The corporation shall have a board of directors composed of five (5) to fifteen (15) members, as specified in the corporation's articles of incorporation.
(b)
All powers of the corporation shall be exercised by the board or pursuant to its authorization.
(c)
(1)
(A)
The directors shall be residents of the municipality or county creating the corporation and shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county.
(B)
The directors shall serve terms not exceeding five (5) years as determined by the governing body of the municipality or county and set in such manner as will result in the expiration of terms on a staggered basis.
(2)
Upon the expiration of a director's term, a successor director shall be appointed for a five-year term by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county.
(3)
Each director shall serve until his or her successor is elected and qualified.
(4)
A director shall be eligible to succeed himself or herself.
(5)
In the event of a vacancy in the membership of the board, however caused, a director shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county.
(d)
Each director shall qualify by taking and filing with the clerk of the municipality or county creating the corporation the oath of office in which the member shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law.
(e)
A director shall receive no compensation for his or her services but shall be entitled to reimbursement for reasonable and necessary expenses incurred in the performance of his or her duties.
(f)
After reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal, the mayor of the municipality or the county judge of the county which created the board may remove any director for misfeasance, malfeasance, or willful neglect of duty.
(g)
(1)
A majority of the members of the board shall constitute a quorum for the transaction of business.
(2)
No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the corporation.
Acts 2005, No. 1372, § 3; 2009, No. 1271, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 10 - ECONOMIC DEVELOPMENT AND TOURISM GENERALLY (§§ 14-163-201 — 14-176-113) › Chapter 175 - PUBLIC CORPORATIONS FOR ECONOMIC DEVELOPMENT ACT (§§ 14-175-101 — 14-175-116) › Section 14-175-110 - Officers

(a)
(1)
The officers of the corporation shall consist of:
(A)
A chair;
(B)
A vice chair;
(C)
A secretary;
(D)
A treasurer; and
(E)
Such other officers as the board shall deem necessary to accomplish the purposes for which the corporation was organized.
(2)
The offices of secretary and treasurer may be held, but need not be held, by the same person.
(b)
(1)
The chair and vice chair of the corporation shall be elected by the board from its membership.
(2)
The secretary, the treasurer, and any other officers of the corporation who may be, but need not be, members of the board shall also be elected by the board.
Acts 2005, No. 1372, § 3.