reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-106 - Board of commissioners - Proceedings - Officers - Employees - Selection of depository

(a)
(1)
Within thirty (30) days after their appointment, the commissioners shall take and file with the county clerk their oaths of office in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board.
(2)
Any commissioner failing to file the oath within that period shall be deemed to have declined the office. The county court shall appoint some resident property holder as his successor who shall qualify in like manner within a like time.
(b)
The board shall organize by electing one (1) of its members chairman, and it shall select a secretary.
(c)
The board may also employ fire fighters and organize a voluntary fire department, as it deems best, and fix the compensation for paid fire fighters.
(d)
Each district shall be a body corporate with power to sue and be sued, and it shall have a corporate seal.
(e)
The board shall also select some solvent bank or trust company as the depository of its funds.
Acts 1939, No. 183, § 3; A.S.A. 1947, § 20-903.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-107 - Board of commissioners - Liability

No member of the board of improvement shall be liable for any damages unless it shall be made to appear that he had acted with a corrupt and malicious intent.
Acts 1939, No. 183, § 13; A.S.A. 1947, § 20-913.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-108 - Plans for improvement - Assessors and assessments generally

(a)
Immediately after their qualification, the commissioners shall form plans for the improvements they intend to make and the equipment they intend to purchase. To that end, they may employ an architect, if a fire station is to be built, and shall file a copy of the plans or specifications with the county clerk.
(b)
They shall appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district from making the improvement and operation of the fire fighting equipment, and fix their compensation. The assessors shall take an oath that they will well and truly assess all annual benefits that will accrue to the landowners of the district by the making of the proposed improvement and the acquisition and operation of the fire fighting equipment.
(c)
The assessors shall proceed to assess the annual benefits to the lands within the district, and shall inscribe in a book each tract of land and shall extend opposite each tract of land the amount of annual benefits that will accrue each year to the land by reason of building and equipping the fire station and operating the fire equipment for the extinguishing of fires, and the keeping in repair of the streets or roads liable to be traversed by the fire fighting equipment.
(d)
In case of any reassessment, the reassessment shall be advertised and equalized in the same manner as provided in this section for making the original assessment. The owners of all property whose assessment has been raised shall have the right to be heard and to appeal from the decision of the assessors as in the original assessment.
(e)
The assessors shall place opposite each tract the name of the supposed owner as shown by the last county assessment. However, a mistake in the name shall not vitiate the assessment, and the assessors shall correct errors which occur in the county assessment list.
(f)
The assessors shall hold their office at the pleasure of the board, which can fill any vacancy in the position of assessors.
Acts 1939, No. 183, § 4; A.S.A. 1947, § 20-904; Acts 1991, No. 1144, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-110 - Assessment - Annual reassessment

(a)
The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district, making it necessary to have the annual benefits revised.
(b)
(1)
It shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change or as requirements of the fire department change.
(2)
However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless the original benefits were uniformly assessed against all classes of land in the amount of one dollar ($1.00) per parcel of vacant land and ten dollars ($10.00) per parcel of improved land and providing there have been material changes in value or character made from one (1) or more tracts of land in the district since the original assessment of benefits, making it necessary for the assessors to equitably reassess the annual benefits.
Acts 1939, No. 183, § 6; A.S.A. 1947, § 20-906; Acts 1993, No. 460, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-111 - Assessment - Order of levy - Lien

(a)
(1)
The board of commissioners of the district shall, at the same time that the annual benefit assessment is equalized or at any time thereafter, enter upon its records an order. This order shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district, and collected annually, the annual benefit assessment set opposite each tract of land described, which annual benefit is to be paid by the owner of the real property in the district, payable as provided in the order.
(2)
However, the commissioners shall, promptly after an entry of an order of levy of annual benefit assessment, publish one (1) time a week for two (2) consecutive weeks in some newspaper having general circulation in the district a notice setting forth the order of levy and warning all persons affected that the order of levy shall become final unless suit is brought to contest it within thirty (30) days of the date of first publication of the notice. No property owner shall be barred from contest of the levy within the thirty-day publication period.
(b)
(1)
The uncollected annual benefit assessment as extended shall be a lien upon the real property in the district against which it is extended from the time the same is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whenever created, and shall continue until the assessment, with any penalty and costs that may accrue thereon, shall have been paid.
(2)
Notice of the amount due shall be given, by mail at his last known address to each landowner who fails to pay his assessment on or before the third Monday in April.
(3)
The remedy against the annual benefit assessment shall be by suit in chancery, and the suits must be brought within thirty (30) days from the time that the notice is mailed. On the appeal, the presumption shall be in favor of the legality of the annual benefit assessment.
Acts 1939, No. 183, § 7; 1961, No. 152, § 1; A.S.A. 1947, § 20-907.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-112 - Assessment - Filing and collection

(a)
The original assessment record, or any reassessment record, shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved.
(b)
It shall then be the duty of the collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid by the collector over to the depository of the district at the same time that he pays over the county funds.
(c)
(1)
If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. It shall be the duty of the county collector to collect the taxes so extended.
(2)
In lieu of filing the reassessment, the assessors may make the changes in the assessments in red ink on the assessment already on file, or the assessment record may contain many columns, at the head of which the year shall be designated and, in the column, the new annual benefits may be shown in red ink which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended.
Acts 1939, No. 183, § 8; A.S.A. 1947, § 20-908.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-113 - Assessment - Time for payment - Failure to pay - Redemption

(a)
(1)
All annual benefits extended and levied under the terms of this subchapter shall be payable between the third Monday in February and the third Monday in April of each year.
(2)
If any annual benefit assessments levied by the board in pursuance to this subchapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he shall sell the lands, but he shall report the delinquencies to the board of commissioners of the district who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%).
(b)
The board of commissioners shall enforce the collection by chancery proceedings in the chancery court of the county in the manner provided by §§
14-121-426
-
14-121-432
.
(c)
The owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his lands have been stricken off by the commissioner making the sale.
Acts 1939, No. 183, § 9; A.S.A. 1947, § 20-909.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-114 - Expenditures - Filing of report

(a)
The depository shall pay out no money save upon the order of the board and upon a voucher check signed by at least two (2) of the commissioners. Every voucher check shall state upon its face to whom payable, the amount, and the purpose for which it is issued. All voucher checks shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of each.
(b)
(1)
The board of commissioners shall file with the county clerk in January of each year a certified itemized report showing all moneys received, the date of receipt, and the source from which received. The report shall further show all moneys paid out, the date paid, to whom paid, and for what purpose during the preceding year, together with an itemized list of all delinquent taxes showing the owner, a description of the property, the years for which taxes are delinquent, and the amount of total delinquency.
(2)
Copies of the report shall be made and furnished to the chief of the fire department, who shall keep the reports at the fire station to be handed out on request by property holders of the district.
Acts 1939, No. 183, § 10; A.S.A. 1947, § 20-910; Acts 1995, No. 426, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-115 - Street and road maintenance

(a)
The board of commissioners may make the necessary repairs upon the streets or roads within the district.
(b)
(1)
It is realized that the fire fighting apparatus must rush with great speed to the place of the fire and that holes or ruts in the streets or roads which it traverses may result in injury or death to fire fighters and in wrecking the fire fighting apparatus.
(2)
Therefore, any district organized pursuant to this subchapter is authorized to spend a sum not exceeding two hundred fifty dollars ($250) per annum in maintaining the streets or roads in a safe condition.
(3)
It is realized that the expenditure would be a benefit to all the real property in the district.
(4)
The petition for and the court order creating the district shall designate the maximum amount that may be expended for labor and material in any year in maintaining the public thoroughfares of the district, but in no case shall the amount exceed two hundred fifty dollars ($250) annual expenditure.
Acts 1939, No. 183, §§ 1, 3; 1973, No. 302, § 1; 1979, No. 486, § 1; A.S.A. 1947, §§ 20-901, 20-903.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-116 - Awarding of contracts

(a)
(1)
All contractors shall be required to give bond for the faithful performance of contracts as may be awarded them, with good and sufficient sureties in an amount to be fixed by the board of commissioners.
(2)
The board shall not remit or excuse the:
(A)
Penalty or forfeiture of the bond; or
(B)
Breaches of the bond.
(b)
(1)
The board may appoint all necessary agents for carrying on the work and may fix their pay.
(2)
The board shall pay a reasonable fee for legal services in organizing the district.
(c)
(1)
The board may sell all unnecessary material and implements that may be on hand and which may not be necessary for the completion of the improvement under way or for its operation.
(2)
The board may in general make all contracts in the conduct of the affairs of the district as may best serve the public interest.
(d)
(1)
The board shall make no contract for the purchase of material or equipment costing ten thousand dollars ($10,000) or more except upon sealed bids opened in public.
(2)
It shall be the duty of the secretary of the district to deliver a news item notice of intention to receive bids on certain equipment to the daily papers in the county and at least one (1) weekly paper.
Acts 1939, No. 183, § 11; A.S.A. 1947, § 20-911; Acts 1992 (1st Ex. Sess.), No. 10, § 2; 2005, No. 1224, § 1; 2007, No. 61, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-117 - Issuance of notes

(a)
(1)
In order to acquire and maintain equipment and facilities and do the work of the fire protection district, the board of commissioners may issue the negotiable notes of the fire protection district signed by the members of the board and bearing a rate of interest not exceeding the maximum rate of interest under §
4-57-104
, and the board may pledge and mortgage a portion of the future annual benefit assessments as collected for payment.
(2)
The petition for the creation of a fire protection district in the court order creating the fire protection district shall limit the total amount of notes that may be outstanding at any time, but the limits may be increased to the maximum prescribed in subdivision (a)(3) of this section.
(3)
Subject to Arkansas Constitution, Amendment 78, if applicable, a fire protection district created under this subchapter shall not have notes outstanding at any one time:
(A)
In excess of one hundred fifty thousand dollars ($150,000); or
(B)
With an annual amortized amount that exceeds two (2) times the available cash reserves of the fire protection district.
(b)
A fire protection district shall not issue bonds.
Amended by Act 2019, No. 739,§ 1, eff. 7/24/2019.
Acts 1939, No. 183, § 12; 1975, No. 979, § 1; A.S.A. 1947, § 20-912; Acts 2009, No. 399, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-118 - Dissolution

(a)
The district shall not cease to exist upon the completion of the improvement, but it shall continue to exist for the purpose of operating the fire fighting equipment and keeping it in repair until such time as the owners of a majority in value of the real property within the district petition the county court for dissolution of the district.
(b)
Publication of the petition for dissolution, as provided for in creating the district, shall be made, and, if the county court finds that a majority in value of the real property in the district have petitioned for the dissolving of the district, the district shall be dissolved.
(c)
Parties for or against the dissolution shall have the same right of appeal as in the creation of the district.
Acts 1939, No. 183, § 14; A.S.A. 1947, § 20-914.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-119 - Certain suits in public interest

(a)
All cases involving the validity of such districts or the annual benefit assessments and all suits to foreclose the lien of annual benefit assessments shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment.
(b)
All appeals therefrom must be taken and perfected within thirty (30) days.
Acts 1939, No. 183, § 15; A.S.A. 1947, § 20-915.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-120 - Alteration of plans and specifications

(a)
The commissioners may at any time alter the plans and specifications, which shall be filed with the county court. Notice of the filing shall be given by publication for two (2) weeks in some newspaper issued and having a bona fide circulation in the county.
(b)
If by reason of a change of plans the board of commissioners deems that the assessment of benefits has become inequitable, it shall direct the assessors to make a reassessment. If any property owner deems that by reason of the change of plans his assessment has become inequitable, he may, within two (2) weeks after the last publication of the notice, petition the board to order a reassessment. The decision of the board upon his petition shall be final unless an appeal is taken within ten (10) days to the county court. In case of a reassessment, the reassessment shall be filed, advertised, and equalized as provided for in the original assessment.
Acts 1939, No. 183, § 16; A.S.A. 1947, § 20-916.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-121 - Fee of collector and county clerk

The collector of taxes in any county, in collecting annual benefit assessments in any district created under this subchapter or in collecting taxes in any improvement district created under Acts 1921, No. 660 [repealed] or Acts 1923, No. 126 [superseded], shall deduct one percent (1%) of the annual benefit assessments or taxes so collected, retain one-half of one percent (1/2 of 1%) as the fee of the collector for collecting the assessments or taxes, and pay over the remaining one-half of one percent (1/2 of 1%) of the assessments or taxes collected to the county clerk of the county as the fee of the county clerk for extending on the assessment records of the county the annual benefit assessments or taxes.
Acts 1939, No. 183, § 17; A.S.A. 1947, § 20-917.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-122 - Authority to contract with other governmental entities to provide fire protection services

Fire protection improvement districts or fire protection districts organized under this subchapter are authorized to contract with a city, town, county, the state, the federal government, or an existing fire protection improvement district or fire protection district for the provision of fire protection services.
Acts 1983, No. 500, § 1; A.S.A. 1947, § 20-949.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-123 - Formation in certain towns

(a)
The real property owners in any incorporated town in this state having a population of not less than four hundred twenty-five (425) persons nor more than four hundred thirty-five (435) persons according to the 1970 Federal Decennial Census are authorized to form a fire protection district under the provisions of this subchapter for the purpose of acquiring, maintaining, and operating fire fighting equipment and facilities to provide fire protection to the residents of the incorporated town.
(b)
A fire protection district formed pursuant to the authority granted in this section shall be formed in the manner and for the purposes prescribed in this subchapter and shall have all powers, authority, and responsibility of other fire protection districts created under it.
Acts 1977, No. 205, §§ 1, 2; A.S.A. 1947, §§ 20-901.1, 20-901.2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-125 - Boundaries of overlapping districts

The State Forestry Commission shall have authority to adjust the boundaries of fire protection districts having overlapping boundaries. The commission shall adjust the boundaries of overlapping fire districts upon the request of either district. The commission shall adjust the boundaries so that each district receives approximately fifty percent (50%) of the area that is within the boundaries of both districts.
Acts 1997, No. 1178, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-284-101 — 14-284-126) › Section 14-284-126 - Residency requirement - Definition

(a)
(1)
As used in this section, "firefighter" means a full-time, paid member of a fire protection district who is employed by the board of commissioners of a fire protection district and whose primary duty is fighting fires.
(2)
"Firefighter" does not include the chief or head of the fire protection district.
(b)
A residency requirement for a fire protection district may be established by ordinance or resolution for firefighters or persons applying to be a firefighter only if the fire protection district:
(1)
Uses full-time, paid firefighters and volunteer firefighters;
(2)
Is a volunteer fire department; or
(3)
Uses part-time, paid firefighters and firefighters who are paid an appearance fee.
(c)
A residency requirement that is enacted under subsection (b) of this section shall not affect the residency or employment status of a firefighter who is employed with the fire protection district at the time the residency requirement is adopted.
(d)
For the purpose of hiring, a fire protection district may give preference to a person applying to be a firefighter who is a resident of the state or a county adjacent to the county in which the fire protection district is located.
(e)
This section does not affect a fire protection district's policies concerning:
(1)
The use of a vehicle owned by the fire protection district by a firefighter who is not on duty; or
(2)
Firefighters who, based on their assignment, are required to respond to an emergency or call out within a specific time period.
Added by Act 2023, No. 487,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-201 - Applicability

(a)
(1)
Fire protection districts established under this subchapter shall cover only territory within the county, or within the defined district, outside the corporate limits of cities and towns.
(2)
(A)
However, if any city or town within the district does not have an organized or volunteer fire department and desires to be included within the fire protection district, upon the adoption of an ordinance by the governing body of the city or town, addressed to the county judge and quorum court, the area covered by the fire protection district shall be extended to provide fire protection within the city limits of the city or town by ordinance adopted by the quorum court.
(B)
A limited fire protection district shall be established by county ordinance upon the petition adopted by ordinance addressed to the county judge and quorum court from a city or town fire department that serves an area outside the city or town for the purpose of contracting for the collection of assessments under this subchapter.
(b)
A fire protection district under this subchapter shall be established for fire protection in rural areas for buildings, structures, and other man-made improvements and may provide other emergency services, including hazardous and toxic materials response, search and rescue services, emergency medical services, ambulance services, patient transport services, and other functions as may be assigned.
(c)
This subchapter does not relieve the Arkansas Forestry Commission of responsibility for providing fire protection for forest lands.
Amended by Act 2019, No. 1077,§ 2, eff. 4/17/2019.
Acts 1979, No. 35, § 3; A.S.A. 1947, § 20-925; Acts 1997, No. 1093, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-202 - Provisions supplemental

The provisions of this subchapter are supplemental to any other laws and procedures for the establishment, funding, and operation of fire protection districts and shall not be construed to modify, amend, supersede, or otherwise affect other laws and procedures.
Acts 1979, No. 35, § 21; A.S.A. 1947, § 20-943.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-203 - Methods of establishment

Fire protection districts may be established to serve all or any defined portion of any county in any of the following ways:
(1)
By ten percent (10%) of the qualified electors in the proposed district's petitioning the quorum court to hold a public hearing and to form a district, and by the quorum court's adopting an ordinance calling for notice and a public hearing within the district;
(2)
By the county court pursuant to an election of the qualified electors of the proposed district initiated, called, and conducted as provided in this subchapter; or
(3)
By the county court pursuant to a resolution of a suburban improvement district, approved by unanimous vote of its board of commissioners, to convert to a fire protection district to be administered under this subchapter.
Acts 1979, No. 35, § 1; A.S.A. 1947, § 20-923; Acts 1997, No. 323, § 2; 2001, No. 1205, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-205 - Establishment by election

(a)
When petitions are filed with the county court of any county wherein the fire protection district to be established is located in a single county or if the fire protection district is to be located in more than one (1) county and the petitions are filed with the county courts of all counties wherein the fire protection district is to be established, and the petitions contain the signatures of ten percent (10%) or more of the qualified electors within the proposed fire protection district boundaries, as determined by the number of votes cast by the qualified electors within the proposed fire protection district boundaries for all candidates for Governor at the last preceding general election, requesting the establishment of a fire protection district in the county or a designated portion thereof and requesting that assessments be made on the property or assessments be made on the landowners, or assessments be made both on the property and the landowners located in the district to finance the operation of the district, the county court, or county courts if the fire protection district is located in more than one (1) county, shall call a special election in accordance with §
7-11-201
et seq. within the proposed fire protection district to determine whether a fire protection district shall be established for the area.
(b)
(1)
The county court or county courts, if the proposed fire protection district is located in more than one (1) county, shall call a special election in accordance with §
7-11-201
et seq. to submit the question of the establishment and financing of a fire protection district to the electors of a proposed district.
(2)
The special election shall be held within ninety (90) days after the filing of the petitions requesting the election.
(3)
If the proposed fire protection district is located within more than one (1) county, the county courts shall set the date of the election on the same date and set the places of the election within the proposed fire protection district boundaries.
(4)
At the election, the question of establishing and financing the district shall be placed on the ballot in substantially the following form:
"FOR the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[]
AGAINST the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[]"
Acts 1979, No. 35, §§ 2, 5; A.S.A. 1947, §§ 20-924, 20-927; Acts 1995, No. 766, § 1; 2005, No. 2145, § 53; 2007, No. 1049, § 75; 2009, No. 1480, § 94.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-206 - Definition of area in petition

(a)
Petitions filed under §
14-284-203
shall specifically define the area proposed to be included in a fire protection district and shall specify the maximum assessed benefits that may be levied against property within the district for the support of the district.
(b)
The maximum assessed benefits may be reassessed using the procedures under this subchapter.
Amended by Act 2015, No. 1234,§ 1, eff. 7/22/2015.
Acts 1979, No. 35, § 4; A.S.A. 1947, § 20-926.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-207 - Quorum court to establish fire protection district service area - Furnishing of maps

(a)
(1)
The quorum court of each county in which a fire protection district is located shall establish the service area of the fire protection district.
(2)
The service area of a fire protection district created after January 1, 2021, shall not include any area within the territorial jurisdiction of the governing body of a municipality as established in §
14-56-413
that has adopted an ordinance to provide fire protection services to the area in accordance with §
14-53-102
, unless waived by majority vote of the governing body of the municipality.
(b)
The quorum court shall furnish the fire protection district with a map indicating the service area of the fire protection district.
Amended by Act 2021, No. 382,§ 2, eff. 7/28/2021.
Acts 1985, No. 160, § 2; A.S.A. 1947, § 20-925.1; Acts 1991, No. 801, § 1; 1991, No. 958, § 1; 1991, No. 1028, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-209 - Board of commissioners - Officers and employees

(a)
The board shall annually choose from among its members a chairman and a secretary-treasurer. The chairman and secretary-treasurer shall furnish bonds, conditioned upon faithful performance of their duties, in the amount of five thousand dollars ($5,000) each. The cost of securing and maintaining the bonds shall be paid from funds of the district.
(b)
The board may employ a director and such other employees as it deems necessary to carry out the purposes of the district. Employees of the board shall have such responsibilities and receive such compensation, if any, as may be prescribed by the board.
Acts 1979, No. 35, § 7; A.S.A. 1947, § 20-929.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-210 - Board of commissioners - Proceedings - Meeting and office space

(a)
The county in which any district is located shall cooperate with and assist the board by providing suitable office space and meeting facilities for the board and its staff if facilities and space are available.
(b)
The board shall meet at least quarterly and at such other times as it may deem necessary to properly carry out its responsibilities.
(c)
Meetings shall be called by the chairman or a majority of the members of the board.
(d)
Three (3) members of the board shall constitute a quorum, and any substantive action of the board shall require an affirmative vote of at least three (3) members.
Acts 1979, No. 35, § 8; A.S.A. 1947, § 20-930.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-211 - Board of commissioners - Power and authority

The board of commissioners of any district created pursuant to this subchapter shall have the power and authority to:
(1)
Execute contracts and other instruments for and in behalf of the district;
(2)
Cooperate with any other fire protection district, municipal fire department, or any political subdivision or agency of this state or the United States in carrying out the purposes of the district;
(3)
Establish rules and regulations for the transaction of the district's business and for carrying out the purposes of the district;
(4)
Make assessments of benefits against real property in the district benefited by fire protection services of the district and provide for the collection of the assessments;
(5)
Issue bonds as provided in this subchapter to finance the district and its purposes. However, districts established by ordinance of the quorum court shall have no authority to issue bonds unless the question is first submitted to and approved by the electors of the district as provided in §§
14-284-204
and
14-284-205
; and
(6)
Do any and all other actions necessary or desirable to enable the board to carry out its responsibilities and to accomplish the purposes of the district.
Acts 1979, No. 35, § 9; A.S.A. 1947, § 20-931.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-214 - Assessments - Annual reassessments

(a)
The board of commissioners shall once a year order the assessors to reassess the annual benefits of protected property in the fire protection district if there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the fire protection district, making it necessary to have the annual benefits revised.
(b)
(1)
(A)
Whereupon, it shall be the duty of the assessors to reassess the benefits of the fire protection district, and the annual benefits assessed may be raised or lowered as fire protection services benefiting the property change.
(B)
If the annual benefits assessed exceed one hundred dollars ($100) per parcel, the quorum court of the county in which the fire protection district lies shall review and approve or disapprove the reassessment.
(2)
If the board of commissioners determines that there have been no significant changes in improvements on the lands in the fire protection district, the board of commissioners may direct that assessed benefits remain the same as the benefits assessed the preceding year.
Amended by Act 2019, No. 1077,§ 4, eff. 4/17/2019.
Acts 1979, No. 35, § 12; A.S.A. 1947, § 20-934.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-215 - Assessments - Filing and collection

(a)
The original benefit assessment or flat fee assessment or any reassessment shall be filed with the county clerk of each county within which the district is located, and it shall be the duty of the county clerk to extend the annual benefit assessment or flat fee assessment annually upon the tax books of each county for the property within the fire protection district as located within that county until the district is dissolved.
(b)
It is the duty of the collector each year to collect the annual benefit assessment, flat fee assessment, or reassessment so extended, along with the other taxes.
(1)
The collector shall deduct three percent (3%) of the assessments collected, shall retain one-half (1/2) thereof as his fee for collecting the benefits, and shall pay over the remaining one-half (1/2) of this amount to the clerk of the county, or to the appropriate county official who extended the assessment, as his fee for extending the assessments on the assessment records.
(2)
The collector shall remit the remainder of the assessments collected to the secretary-treasurer of the district at the same time the collector remits tax collections to the county treasurer.
(3)
Upon receipt of the assessed benefits, the secretary-treasurer of the district shall execute a receipt for the funds, deliver it to the county collector, and shall deposit the funds so received in a bank or banks that are located within the district or a bank or banks designated by the board of commissioners if no bank or banks are located within the district, with said funds to be used solely and exclusively for district purposes.
(c)
(1)
If there is any change in the annual assessments, a certified copy of the revised assessment shall be filed with the county clerk, who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in like manner. The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. It shall be the duty of the county collector to collect the taxes so extended.
(2)
In lieu of filing the reassessment, the assessors may make the changes in the assessment in red ink on the assessment already on file, or the assessment record may contain many columns, at the head of which the year shall be designated, and, in the corresponding column, the new annual assessment may be shown in red ink which will indicate any increase or decrease in the original annual assessment extended. When the change is made, a red ink line shall be drawn through the figures showing the previous annual assessment extended.
Acts 1979, No. 35, § 13; A.S.A. 1947, § 20-935; Acts 1993, No. 811, § 1; 1995, No. 766, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 284 - FIRE PROTECTION DISTRICTS (§§ 14-284-101 — 14-284-412) › Subchapter 2 - FIRE PROTECTION DISTRICTS OUTSIDE OF CITIES AND TOWNS (§§ 14-284-201 — 14-284-227) › Section 14-284-216 - Assessments - Time for payment - Failure to pay

(a)
(1)
(A)
All annual assessments extended and levied under this subchapter are payable at the time ad valorem real property taxes are payable.
(B)
The county shall list the fire protection district assessments as an involuntary collection beginning with the next ad valorem real property tax statement.
(2)
A property owner shall pay the assessments under this subchapter as a prerequisite to paying his or her ad valorem real property taxes.
(3)
The collector shall report delinquent assessments annually to the board of commissioners of the fire protection district for informational purposes.
(4)
(A)
The collector shall add to the amount of the delinquent assessment a penalty of ten percent (10%) and shall collect the delinquent assessment in the same manner as delinquent ad valorem real property taxes.
(B)
(i)
The collector may return delinquent assessments for collection after January 1 each year.
(ii)
A delinquent assessment that existed before January 1, 2020, is deemed uncollectible.
(b)
The board of commissioners shall enforce the collection by proceedings in the circuit court of the county in the manner provided by §§
14-121-426
-
14-121-432
.
(c)
(1)
The collector may retain in reserve up to ten percent (10%) of monthly remittances to a fire protection district for a period of no more than sixty (60) days.
(2)
The reserve shall be refunded at the end of the sixty (60) days without interest, and the reserve fund may accompany a dues remittance payment.
Amended by Act 2021, No. 83,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 1077,§ 5, eff. 4/17/2019.
Acts 1979, No. 35, § 14; A.S.A. 1947, § 20-936; 1995, No. 766, § 5; 2011, No. 264, § 1.