reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-107 - Bonds - Indebtedness as special obligation - Payment of principal and interest

(a)
(1)
The revenue bonds shall not be general obligations of the municipality or county, but they shall be special obligations. In no event shall the revenue bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation.
(2)
It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation.
(b)
(1)
The principal of, and interest on, the revenue bonds and paying agent's fees shall be payable in the first instance from gross revenues derived from the lands, buildings, and facilities acquired, constructed, reconstructed, extended, and improved, in whole or in part, with the proceeds of the bonds, and, for that purpose, the municipality or county may pledge all or any part of the gross revenues.
(2)
In addition, the municipality or county is authorized to pledge to, and use for, the payment of the principal of and interest on the bonds, and for paying agent's fees, surplus revenues derived from water, sewer, gas, and electric utilities owned by the municipality or county.
(3)
As used in this subsection, "surplus revenues" means revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and after all requirements of ordinances, orders, and indentures securing bonds theretofore or thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, and improving the utilities, have been fully met and complied with.
(c)
The municipality or county is also authorized to use, for the payment of the principal of and interest on the bonds and for paying agent's fees, moneys in the general fund of the municipality or county.
Acts 1961, No. 175, § 4; A.S.A. 1947, § 19-4716.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-108 - Bonds - Statutory mortgage lien - Enforcement by holder of bonds

(a)
Subject to the subsequent provisions of this section, there shall exist a statutory mortgage lien upon the land, buildings, and facilities acquired or constructed, in whole or in part, with the proceeds of the revenue bonds, which shall exist in favor of the holders of the bonds and in favor of the holders of the coupons attached to the bonds.
(b)
The land, buildings, and facilities shall remain subject to the statutory mortgage lien until payment in full of the principal of and interest on the revenue bonds.
(c)
The nature and extent of the mortgage lien on the land, buildings, and facilities may be controlled by the indenture referred to in §
14-265-105(b)
, including, without limitation, provisions pertaining to the release of all or part of the land, buildings, and facilities from the lien and the priority of the lien in the event of additional bond issues under this chapter for the purpose of reconstructing, replacing, extending, or improving the same land, buildings, and facilities.
(d)
Subject to the restrictions as may be contained in the ordinance, order, or indenture authorizing and securing the bonds, any holder of bonds issued under the provisions of this chapter or of any coupons representing interest accrued thereon may enforce, either at law or in equity, the statutory mortgage lien conferred by this section and may compel, by proper suit, the performance of the duties of the officials of the issuing municipality or county as set forth in this chapter and in any ordinance, order, or indenture authorizing and securing the revenue bonds.
Acts 1961, No. 175, § 6; A.S.A. 1947, § 19-4718.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-109 - Bonds - Default in payment

(a)
In the event of a default in the payment of the principal of, or interest on, any revenue bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of revenue bonds issued under this chapter, upon which land, buildings, or facilities, or any part thereof, there is a mortgage lien securing the revenue bonds with reference to which there is a default in the payment of principal or interest.
(b)
The receiver shall have the power to operate and maintain the land, buildings, or facilities, to charge and collect rates or rents sufficient to provide for the payment of the principal of and interest on the bonds, after providing for the payment of any cost of receivership and operating expenses of the land, buildings, or facilities, and to apply the income and revenues derived from the land, buildings, or facilities in conformity with this chapter and the ordinance, order, or indenture authorizing or securing the bonds.
(c)
When the default has been cured, the receivership shall be ended and the properties returned to the municipality or county.
(d)
The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the ordinance, order, or indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge or revenues from, and mortgage lien on, the land, buildings, or facilities as specified in, and fixed by, the ordinances, orders, or indentures authorizing or securing successive bond issues.
Acts 1961, No. 175, § 7; A.S.A. 1947, § 19-4719.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-110 - Bonds - Tax exemption

Bonds issued under the provisions of this chapter shall be exempt from all state, county, and municipal taxes including income and estate taxes.
Acts 1961, No. 175, § 8; A.S.A. 1947, § 19-4720.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 265 - HEALTH CARE FACILITIES (§§ 14-265-101 — 14-265-112) › Section 14-265-111 - Bonds - Investment of public funds

(a)
Any municipality; any board, commission, or other authority duly established by ordinance of any municipality; the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality, or any county; or the board of trustees of any retirement system created by the General Assembly, in its discretion, may invest any of its funds not immediately needed for its purposes in the revenue bonds issued under the provisions of this chapter.
(b)
Revenue bonds issued under this chapter shall be eligible to secure the deposit of public funds.
Acts 1961, No. 175, § 9; A.S.A. 1947, § 19-4721.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 266 - AMBULANCE LICENSING (§§ 14-266-101 — 14-266-110) › Section 14-266-101 - Title

This chapter shall be known as the "Ambulance Licensing Act".
Amended by Act 2017, No. 1122,§ 1, eff. 8/1/2017.
Acts 1981 (Ex. Sess.), No. 23, § 1; A.S.A. 1947, § 19-5901.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 266 - AMBULANCE LICENSING (§§ 14-266-101 — 14-266-110) › Section 14-266-103 - Definitions

As used in this chapter:
(1)
"Emergency medical services" means the transportation and emergency medical services personnel care provided to the critically ill or injured before arrival at a medical facility by licensed emergency medical services personnel and within a medical facility subject to the individual approval of the medical staff and governing board of that facility; and
(2)
(A)
"Nonemergency ambulance services" means the transport in a motor vehicle to or from medical facilities, including without limitation hospitals, nursing homes, physicians' offices, and other healthcare facilities of persons who are infirm or injured and who are transported in a reclining position.
(B)
"Nonemergency ambulance services" does not include transportation provided by licensed hospitals that own and operate the ambulance for their own admitted patients.
Amended by Act 2013, No. 1218,§ 1, eff. 8/16/2013.
Acts 1981 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 19-5903; Acts 2009, No. 689, § 3; 2011, No. 778, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 266 - AMBULANCE LICENSING (§§ 14-266-101 — 14-266-110) › Section 14-266-104 - Applicability and construction

(a)
This chapter does not apply to nonprofit or hospital-based ambulance services operated on November 1, 1981, by a nonprofit organization or an Arkansas hospital licensed by the Department of Health.
(b)
This chapter does not expand the authority of emergency medical technicians or other ambulance personnel beyond the authority existing under applicable law.
(c)
This chapter does not give cities or counties the power to regulate regional or state emergency medical service communication facilities.
Amended by Act 2017, No. 1122,§ 3, eff. 8/1/2017.
Acts 1981 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 19-5903.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 266 - AMBULANCE LICENSING (§§ 14-266-101 — 14-266-110) › Section 14-266-106 - Authority of EMS board

(a)
(1)
In addition to the powers granted under the Public Facilities Boards Act, §
14-137-101
et seq., the EMS board, unless limited by the governing body of the city or county, has unlimited authority, by negotiation or by bidding, to own, acquire, lease, construct, contract, operate, manage, improve, extend, maintain, control, permit, license, supervise, and regulate emergency medical services, ambulances, ambulance companies, their related properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations in the city or county.
(2)
The authority under subdivision (a)(1) of this section includes without limitation the right to employ, regulate, license, and remove personnel, assistants, and employees and to regulate and fix their compensation.
(b)
The EMS board may also appoint an executive director who shall not be a member of the EMS board and who shall serve at the pleasure of the EMS board and receive such compensation as shall be fixed by the EMS board.
(c)
The members of the EMS board shall receive no compensation but shall be entitled to reimbursement of expenses incurred in the performance of their duties.
Amended by Act 2017, No. 1122,§ 5, eff. 8/1/2017.
Acts 1981 (Ex. Sess.), No. 23, § 5; A.S.A. 1947, § 19-5905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 266 - AMBULANCE LICENSING (§§ 14-266-101 — 14-266-110) › Section 14-266-107 - Franchise

(a)
Cities of the first class, cities of the second class, and counties, whether or not they establish an EMS board as provided in this chapter, have all the powers that an EMS board is granted in this chapter and may exercise those powers alone or in conjunction with an EMS board.
(b)
The cities and counties may franchise, exclusively or otherwise, emergency medical services, ambulances, ambulance companies, their related properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations within the cities or counties, whether or not owned and operated by the cities or counties.
(c)
If an exclusive franchise is issued, the process employed in the issuance shall provide periodic opportunity for competitive solicitation of ambulance franchise applications.
Amended by Act 2017, No. 1122,§ 6, eff. 8/1/2017.
Acts 1981 (Ex. Sess.), No. 23, § 6; A.S.A. 1947, § 19-5906; Acts 1989, No. 196, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 266 - AMBULANCE LICENSING (§§ 14-266-101 — 14-266-110) › Section 14-266-108 - Financing of services and facilities

(a)
The emergency medical services and emergency medical health care facilities anticipated by this chapter may be financed by service charges and bonds or by subsidy by some governmental agency.
(b)
(1)
The bonds, which shall be issued under §§
14-137-101
-
14-137-123
, may be financed by service charges and rates levied by ordinance.
(2)
The service charges and rates shall be assessed and collected on a per unit of service basis as determined by the EMS Board.
Acts 1981 (Ex. Sess.), No. 23, § 4; A.S.A. 1947, § 19-5904.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 266 - AMBULANCE LICENSING (§§ 14-266-101 — 14-266-110) › Section 14-266-109 - Rules, standards, and regulations

(a)
All rules, standards, and regulations concerning clinical medical standards, including, but not limited to, equipment standards, personnel standards, and training standards shall be submitted to the State Board of Health with advice from the Governor's Advisory Council for EMS through the Department of Health for review and approval before becoming effective.
(b)
(1)
Approval shall not be required if the clinical medical standards are developed and approved by an organization of physicians licensed under the Arkansas Medical Practices Act, and authorized by local ordinance adopted pursuant to this chapter to establish clinical medical standards which are not in conflict with the Arkansas Medical Practices Act, and are not less than those established by this state.
(2)
In this instance, the clinical medical standards so developed and approved shall be submitted to the State Board of Health with advice from the Governor's Advisory Council for EMS through the Department of Health for review and comment only.
Acts 1981 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 19-5903.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 266 - AMBULANCE LICENSING (§§ 14-266-101 — 14-266-110) › Section 14-266-110 - Effect of termination of permit by state

The revocation, suspension, or expiration of any permit, license, or certification issued by the Department of Health to an ambulance company or ambulance personnel shall cause an automatic revocation of the holder's permit, license, certification, or franchise granted under this chapter.
Acts 1981 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 19-5903.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-101 - Legislative determination

(a)
Pollution control facilities are legislatively determined to be essential to the securing and developing of industry and essential to the health, safety, and physical and economic welfare of the people of this state.
(b)
The availability of permanent financing for pollution control facilities on favorable terms is necessary in the case of new and existing projects so that the people may obtain the benefits of additional jobs and payrolls, in the case of new projects, and may retain and, where applicable, expand jobs and payrolls which might otherwise be lost, in the case of existing projects. This chapter is in implementation of Arkansas Constitution, Amendment 49 [repealed], and is necessary for the full accomplishment and realization of the public purposes contemplated by the people in adopting Arkansas Constitution, Amendment 49 [repealed].
Acts 1973, No. 247, § 1; A.S.A. 1947, § 13-1901.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-103 - Construction

(a)
This chapter is to be liberally construed to accomplish the purposes hereof and shall be the sole act and authority necessary to be complied with. To that end, this chapter and the authority conferred by it shall be supplemental to all other authority set forth in any other act authorizing or dealing with industrial or pollution control facilities and their financing.
(b)
The pollution control facilities authorized by this chapter may pertain to any aspect of the securing and developing of industry including those directly involved and those indirectly involved therewith, such as, without limiting the generality of the foregoing, utility facilities and services, whether rendered by political subdivisions or private persons, corporations, or organizations.
(c)
Nothing in this chapter shall be construed to authorize any municipality or county to sell bonds and use the proceeds of that sale to condemn a utility plant or distribution system owned or operated by a regulated public utility.
Acts 1973, No. 247, § 13; A.S.A. 1947, § 13-1913.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-104 - Authority

Any municipality and any county in this state is authorized to own, acquire, contruct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of, or make loans to finance the acquisition, construction, reconstruction, extension, equipment, or improvement of pollution control facilities for the disposal or control of sewerage, solid waste, water pollution, air pollution, or any combination thereof; any such undertaking, or combination of such undertakings, shall be sometimes referred to in this chapter as a "pollution control project."
Acts 1973, No. 247, § 2; 1975, No. 153, § 1; A.S.A. 1947, § 13-1902.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-105 - Agreements with federal or state agencies

Municipalities and counties are authorized to enter into and carry out appropriate agreements with any agency or political subdivision of the United States of America or of the State of Arkansas pertaining to the accomplishment of the purposes authorized by this chapter including, without limitation, loan agreements for the borrowing of money and agreements pertaining to grants.
Acts 1973, No. 247, § 11; A.S.A. 1947, § 13-1911.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-106 - Bonds - Authority to issue

(a)
Municipalities and counties are authorized to use any available revenues for the accomplishment of pollution control projects, either alone or together with other available funds and revenues. They may issue bonds, as authorized in this chapter, for the accomplishment of pollution control projects, either alone or together with other available funds and revenues.
(b)
Bonds may be issued in such principal amount as shall be sufficient to pay the cost of accomplishing the pollution control project involved, the cost of issuing bonds, the amount necessary for a reserve, if deemed desirable, the amount necessary to provide for debt service on the bonds until revenues for the payment thereof are available, and any other costs and expenditures of whatever nature incidental to the accomplishment of the pollution control project involved.
Acts 1973, No. 247, § 3; A.S.A. 1947, § 13-1903.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-108 - Bonds - Issuance for refunding of obligations

(a)
Bonds may be issued for the purpose of refunding any obligations issued under this chapter.
(b)
The refunding bonds may be combined with bonds issued under the provisions of §
14-267-107
into a single issue.
(c)
(1)
When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.
(2)
If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.
(d)
All bonds issued under this section shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of those bonds.
(e)
The ordinance or order under which chapter refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.
Acts 1973, No. 247, § 6; A.S.A. 1947, § 13-1906.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-109 - Bonds - Indebtedness as special obligation - Payment of principal and interest

(a)
The bonds issued under this chapter shall not be general obligations of the municipality or county but shall be special obligations. In no event shall the bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation.
(b)
It shall be plainly stated on the face of each bond that the same has been issued under the provisions of this chapter, and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation.
(c)
The principal of and interest on the bonds shall be secured by a pledge of, and shall be payable from, revenues derived from the pollution control project acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds.
(d)
In addition, the municipality or county is authorized to pledge to and use for the payment of the principal of and interest on the bonds, together with other expenses in connection therewith, surplus revenues derived from water, sewer, gas, and electric utilities owned by the municipality or county.
(e)
Surplus revenues, as used in this section, are defined to mean revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, or indentures securing bonds, theretofore and thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the utilities, have been fully met and complied with.
Acts 1973, No. 247, § 5; 1985, No. 453, § 1; A.S.A. 1947, § 13-1905.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-110 - Bonds - Mortgage lien

(a)
The ordinance, order, or indenture referred to in §
14-267-107
may, but need not, impose a foreclosable mortgage lien upon the land, buildings, and facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter. The nature and extent of the mortgage lien may be controlled by the ordinance, order, or indenture, including, without limitation, provisions pertaining to the release of all or part of the land, buildings, and facilities from the mortgage lien and the priority of the mortgage lien in the event of successive bond issues, as authorized by §
14-267-107
.
(b)
The ordinance, order, or indenture authorizing or securing the bonds may authorize any holder or registered owner of bonds issued under the provisions of this chapter, or a trustee on behalf of all holders and registered owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuing municipality or county as set forth in this chapter and in the ordinance, order, or indenture authorizing or securing the bonds.
(c)
References in this chapter to "mortgage lien" shall include a security interest in any personal property embodied in a pollution control project acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter.
Acts 1973, No. 247, § 7; 1975, No. 153, § 2; A.S.A. 1947, § 13-1907.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-111 - Bonds - Default in payment

(a)
In the event of a default in the payment of the principal of or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, upon which land, buildings, or facilities, or any part thereof, there is a mortgage lien securing the bonds with reference to which there is a default in the payment of principal or interest.
(b)
The receiver shall have the power to operate and maintain the land, buildings, or facilities, to charge and collect rates or rents sufficient to provide for the payment of the principal of and interest on the bonds after providing for the payment of all costs of receivership and operating expenses of the land, buildings, or facilities and to apply the income and revenues derived from the land, buildings, or facilities in conformity with this chapter and the ordinance, order, or indenture authorizing or securing the bonds.
(c)
When the default has been cured, the receivership shall be ended and the properties returned to the municipality or county.
(d)
The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded to the trustee for the holders and registered owners of the bonds and the holders and registered owners of the bonds in the ordinance or indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of holders and registered owners of the bonds as to the pledge of revenues from, and the mortgage lien on, the land, buildings, or facilities as specified in, and fixed by, the ordinance, order, or indenture authorizing or securing successive bond issues.
Acts 1973, No. 247, § 8; A.S.A. 1947, § 13-1908.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-112 - Bonds - Tax exemption

Bonds issued under this chapter shall be exempt from all state, county, and municipal taxes, including income and inheritance taxes.
Acts 1973, No. 247, § 9; A.S.A. 1947, § 13-1909.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 267 - POLLUTION CONTROL FACILITIES (§§ 14-267-101 — 14-267-113) › Section 14-267-113 - Bonds - Investment of public funds

(a)
Any municipality; any board, commission, or other authority duly established by ordinance of any municipality; the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality; or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this chapter.
(b)
Bonds issued under the provisions of this chapter shall be eligible to secure the deposit of public funds.
Acts 1973, No. 247, § 10; A.S.A. 1947, § 13-1910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 268 - FLOOD LOSS PREVENTION (§§ 14-268-101 — 14-268-106) › Section 14-268-101 - Legislative determination

It is found and declared:
(1)
That there are communities and areas in this state which have suffered from, and are threatened by, floods and the incidents and hazards of flooding;
(2)
That flooding in the areas causes destruction of life and property, contributes to the spread of disaster-related diseases, and constitutes a hindrance to the economic development of this state and to the health, safety, and welfare of the residents of this state;
(3)
That flood hazards in these flood-prone areas impair their economy and tax revenues;
(4)
That insurance with federal reinsurance or other federal assistance will not be available to property owners in these communities unless adequate land use and control measures, consistent with federal criteria, are adopted by the communities prior to June 30, 1970;
(5)
That it is the policy of this state to encourage and support all appropriate actions to prevent and lessen these flood hazards and losses;
(6)
That it is necessary to adopt state and local measures which, to the maximum extent feasible, will:
(A)
Discourage the development of land by improvements which are exposed to flood damage;
(B)
Guide the development of proposed construction away from locations which are threatened by flood hazards;
(C)
Assist in reducing damage caused by floods; and
(D)
Otherwise improve long-range land management in, and use of, flood-prone areas; and
(7)
That the enactment of these measures by cities, towns, counties, or the state constitutes a public purpose necessary to the protection and promotion of the economic development of this state and to the health, safety, and welfare of the residents of this state.
Acts 1969, No. 629, § 1; A.S.A. 1947, § 21-1901.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 268 - FLOOD LOSS PREVENTION (§§ 14-268-101 — 14-268-106) › Section 14-268-102 - Definitions

As used in this chapter:
(1)
"Commission" means the Arkansas Natural Resources Commission;
(2)
"Floodplain administrator" means the person designated by a city, town, or county to administer and implement this chapter and other federal and state laws and local ordinances and regulations relating to the management of flood-prone areas; and
(3)
"Flood-prone areas" means areas that are subject to or are exposed to flooding and flood damage.
Acts 1969, No. 629, § 2; A.S.A. 1947, § 21-1902; Acts 2003, No. 745, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 268 - FLOOD LOSS PREVENTION (§§ 14-268-101 — 14-268-106) › Section 14-268-103 - Penalty

(a)
Any person or corporation who violates any measure adopted under this chapter which prohibits the development of land by improvements that are exposed to flood damage or that are threatened by flood hazards may be fined not more than five hundred dollars ($500) for each offense.
(b)
Each day during which a violation exists is a separate offense.
Acts 1969, No. 629, § 4; A.S.A. 1947, § 21-1904; Acts 2003, No. 745, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 268 - FLOOD LOSS PREVENTION (§§ 14-268-101 — 14-268-106) › Section 14-268-104 - Authority to adopt measures

(a)
In addition to all other powers, and notwithstanding any provision of any other law, each city, town, or county in this state is authorized to enact, adopt, and enforce ordinances, building or zoning codes, or other appropriate measures regulating, restricting, or controlling the management and use of land, structures, and other developments in flood-prone areas.
(b)
The measures, in addition to all other matters, may:
(1)
Restrict the development and use of land which is exposed to flood damage;
(2)
To the extent possible, guide the development of proposed construction away from locations threatened by flood hazards;
(3)
Prescribe assistance in reducing flood damage;
(4)
Require flood-proofing of structures which are permitted to remain in, or are to be constructed in, flood-prone areas;
(5)
Prescribe regulation of the types, purposes, and uses of structures, buildings, developments, or fills permitted to be erected or improved in flood-prone areas;
(6)
Require drainage and such other action as is feasible to minimize flooding; and
(7)
Assure the adequacy of sewerage and water systems that may be affected by flooding.
Acts 1969, No. 629, § 2; A.S.A. 1947, § 21-1902.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 268 - FLOOD LOSS PREVENTION (§§ 14-268-101 — 14-268-106) › Section 14-268-105 - Public nuisance - Injunction or abatement

Every structure, building, fill, or development placed or maintained within any flood-prone area in violation of measures enacted under the authority of this chapter is a public nuisance. The creation of any of these may be enjoined and the maintenance thereof may be abated by action or suit of any city, town, or county, the state, or any citizen of this state.
Acts 1969, No. 629, § 4; A.S.A. 1947, § 21-1904.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 268 - FLOOD LOSS PREVENTION (§§ 14-268-101 — 14-268-106) › Section 14-268-106 - Floodplain administrator

(a)
Each county, city, or town ordinance adopted under this chapter shall designate a person to serve as the floodplain administrator to administer and implement the ordinance and any local codes and regulations relating to the management of flood-prone areas.
(b)
Beginning July 1, 2004, each floodplain administrator shall become accredited by the Arkansas Natural Resources Commission under the commission's authority regarding flood control under §§
15-24-102
and
15-24-109
.
Acts 2003, No. 745, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-101 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Governing body" means the council, board of directors, or city commission of any municipality;
(2)
"Municipality" means a city of the first or second class or an incorporated town;
(3)
"Equip" means to install or place in or on any building or structure, equipment of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind.
(4)
"Sell" means to sell for such price, in such manner, and upon such terms as the municipality shall determine including, without limitation, public or private sale and, if public pursuant to such advertisement as the municipality shall determine. "Sell" also means to sell for cash or credit, payable in a lump sum or in installments over such period as the municipality shall determine, and if on credit, with or without interest and at such rate or rates as the municipality shall determine;
(5)
"Lease" means to lease for such rentals, for such period or periods and upon such terms and conditions as the municipality shall determine including, without limitation, the granting of such renewal or extension options for such rentals, for such period or periods and upon such terms and conditions as the municipality shall determine and the granting of such purchase options for such prices and upon such terms and conditions as the municipality shall determine;
(6)
"Facilities" means any real, personal, or mixed property of any and every kind that can be used, or that will be useful, in developing and providing public parks and facilities under this subchapter, including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind.
Acts 1965, No. 486, § 12; 1981, No. 425, § 6; A.S.A. 1947, § 19-3642.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-102 - Construction

(a)
This subchapter shall be liberally construed to accomplish its purposes.
(b)
Nothing in this subchapter shall be construed to authorize any municipality to issue or sell revenue bonds, or use the proceeds of the bonds, to purchase or condemn a utility plant or distribution system owned or operated by a regulated public utility.
Acts 1965, No. 486, §§ 14, 15; A.S.A. 1947, §§ 19-3644, 19-3645.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-104 - Commission

(a)
Any municipality, at its option, may establish a commission to acquire, construct, reconstruct, extend, equip, improve, and operate any project under this subchapter.
(b)
The commission shall have full and complete authority with respect to the project and its operation and with respect to the collection and disposition of revenues derived from the operation of the project.
(c)
The commission shall consist of either three (3), six (6), or nine (9) members, as the governing body of the municipality appointing the commission shall determine.
(d)
(1)
Of the initial members of the commission, one-third (1/3) shall serve for a term of one (1) year, one-third (1/3) shall serve for a term of two (2) years, and one-third (1/3) shall serve for a term of three (3) years.
(2)
The term of each replacement member shall be for three (3) years.
(e)
Members of the commission may be removed only for cause.
(f)
The original members of the commission shall be named by the governing body of the municipality by resolution. Thereafter, each successor member, including a member appointed to fill the unexpired term of an existing member, shall be filled by appointment on the basis of a person selected by the remaining members of the commission and reported to the governing body of the municipality, which governing body must approve the appointment of the person so selected by the remaining members of the commission.
(g)
Each member of the commission shall take and file with the clerk or recorder of the municipality an oath of office.
(h)
In order to be eligible for membership on the commission, a person need only be a qualified elector at the time of original appointment and need not reside within the municipality.
(i)
The members of the commission shall receive no compensation for their services, but they shall employ such agents, servants, and employees and shall compensate them upon such terms as shall be necessary in order to effectively carry out the purposes of this subchapter. In this regard, the commission shall have full and complete authority to do any and every act and to take any and every action necessary to carry out the purposes of this subchapter including, without limitation, the authority to contract and the authority to prescribe rates and charges and to enter into necessary rental and lease agreements; however, only the municipality shall have the authority to issue revenue bonds or, in any way, to pledge, obligate, or create a lien upon the project or any of the revenues derived therefrom.
Acts 1965, No. 486, § 13; A.S.A. 1947, § 19-3643.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-105 - Bonds - Authority to issue

(a)
Municipalities are authorized to use any available revenues for the accomplishment of the purposes set forth in §
14-269-103
, and are authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes set forth in §
14-269-103
, either alone or together with other available funds and revenues.
(b)
The amount of bonds issued shall be sufficient to pay the cost of accomplishing the specified purposes, the cost of issuing the bonds, the amount necessary for a reserve, if desirable, the amount necessary to provide for debt service on the bonds until revenues for the payment thereof are available, and any other costs and expenditures of whatever nature incidental to the accomplishment of the specified purposes.
Acts 1965, No. 486, § 2; A.S.A. 1947, § 19-3632.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-107 - Bonds - Issuance for refunding of obligations

(a)
Revenue bonds may be issued under this subchapter for the purpose of refunding any obligations issued under this subchapter.
(b)
The refunding bonds may be combined with bonds issued under the provisions of §
14-269-106
into a single issue.
(c)
(1)
When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.
(2)
If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.
(d)
All bonds issued under this section shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those bonds.
(e)
The ordinance under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.
Acts 1965, No. 486, § 5; A.S.A. 1947, § 19-3635.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 269 - PARKS AND RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-306) › Subchapter 1 - ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF RECREATIONAL FACILITIES (§§ 14-269-101 — 14-269-112) › Section 14-269-108 - Bonds - Indebtedness as special obligation - Payment of principal and interest

(a)
The revenue bonds issued under this subchapter shall not be general obligations of the municipality but shall be special obligations. In no event shall the revenue bonds constitute an indebtedness of the municipality within the meaning of any constitutional or statutory limitation.
(b)
It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitation.
(c)
The principal of and interest on the revenue bonds and paying agent's fees shall be payable from gross revenues derived from the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds.
Acts 1965, No. 486, § 4; A.S.A. 1947, § 19-3634.