reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 94 - MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT LAW (§§ 14-94-101 — 14-94-128) › Section 14-94-123 - Negotiable notes, bonds, or evidence of debt

(a)
(1)
In order to meet preliminary expenses and to finance the cost of the improvements to be accomplished, with costs incidental to them and to the issuance of the bonds, the board may issue bonds of the district and may pledge all assessments of benefits to the district and all or any part of the profits of the district derived from its operation of any improvements of the district to the payment of the bonds.
(2)
The board may also issue to the contractors who do the work evidences of debt bearing interest at the rate or rates prescribed by the board and secure them in the same manner.
(3)
As for the security for the payment of any indebtedness, the members of the board may, by resolution, establish the rates for use of the improvements to be collected from the users of the improvements and may mortgage any or all of its property, including improvements.
(b)
(1)
Bonds issued under the authority of this chapter shall:
(A)
Bear interest at such rate or rates;
(B)
Mature at such time or times;
(C)
Be payable, as to principal, premium, if any, and interest, at such places, within or without the State of Arkansas;
(D)
Be in such form, whether bearer or registered, negotiable or nonnegotiable;
(E)
Be subject to such exchange privileges; and
(F)
Have such other details as may be set forth in the resolution of the board authorizing their issuance.
(2)
The resolution may provide for the execution and delivery of a trust indenture or like instrument by the board securing the bonds and for the execution and delivery of other writings pertaining thereto.
(3)
The bonds, and coupons, if any, may be executed by the manual or facsimile signatures of the members of the board.
Acts 1987, No. 113, § 15.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 94 - MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT LAW (§§ 14-94-101 — 14-94-128) › Section 14-94-124 - Tax exemption

The bonds, and interest on them, shall be exempt from all state, county, and municipal taxes, including income, property, and inheritance taxes.
Acts 1987, No. 113, § 15.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 94 - MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT LAW (§§ 14-94-101 — 14-94-128) › Section 14-94-125 - Payment of bonds and interest

(a)
(1)
All bonds issued under the terms of this chapter shall be secured by a lien on all real property in the district.
(2)
The making of assessments, levies, and collections, as authorized by this chapter, may be enforced by mandamus.
(b)
(1)
(A)
If any bond, or interest thereon, is not paid within thirty (30) days after its maturity, it shall be the duty of the chancery court, on application of any holder of the bond or any interest coupon so overdue, to appoint a receiver to collect the taxes aforesaid and an assessor to reassess the benefits, if necessary.
(B)
The proceeds of the taxes and collections shall be applied, after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by the district which are then due and payable.
(2)
(A)
The receiver may be directed by suit to foreclose the lien of the taxes on the real property.
(B)
The suits brought by the receiver shall be conducted in all matters as suits by the board as provided in this chapter and with like effect, and the decree and deeds therein shall have the same presumption in their favor.
(C)
When all the sums have been paid, the receiver shall be discharged and the affairs of the district conducted by the board as provided in this chapter.
Acts 1987, No. 113, § 18.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 94 - MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT LAW (§§ 14-94-101 — 14-94-128) › Section 14-94-126 - Dissolution of district

(a)
(1)
After all bonds or other evidences of indebtedness, plus all interest on them, shall have been paid in full, then a district may, by unanimous vote of the members of the board, be dissolved and all further levies and assessments cancelled, the members of the board relieved from further duties, and the surplus funds of the district distributed in accordance with the procedures set forth in subsection (b) of this section.
(2)
The districts are authorized, at the discretion of the respective boards, to enter into repair and maintenance agreements and to expend funds of the districts for these purposes.
(b)
(1)
In the event that the board shall vote to dissolve a district under subsection (a) of this section, the board shall convert all assets into cash and shall first pay from the surplus funds all debts of the district, including any reasonable legal and other expenses incurred in connection with the dissolution.
(2)
(A)
The board shall then refund all remaining funds of the district pro rata to the property owners who hold title to the property in the district at the time the refund is made.
(B)
(i)
The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcel of property prior to dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district.
(ii)
No property or owner whose property is delinquent in any sum for district assessments, penalties, or interest at the time the refund is made shall be counted in calculating the pro rata distribution or receive any portion of the refund.
(C)
Within ninety (90) days after the distribution of surplus funds has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the district, verified by all members of the board, in the office of the clerk of the municipality in which the district was established.
Acts 1987, No. 113, § 17.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 94 - MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT LAW (§§ 14-94-101 — 14-94-128) › Section 14-94-127 - Lien for preliminary expenses

If for any reason the improvement contemplated by any district organized under this chapter is not made, the preliminary expense shall be a first lien upon all the real property in the district and shall be paid by a levy of a tax on it. The levy shall be made by the chancery court of the county and shall be collected by a receiver to be appointed by the court.
Acts 1987, No. 113, § 20.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 94 - MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT LAW (§§ 14-94-101 — 14-94-128) › Section 14-94-128 - Continued existence of district

If the petition for formation of the district provides therefor or the owners of real property in the district agree thereto, a district shall not cease to exist upon the acquiring, construction, or completion of the improvement, but it shall continue to exist for the purpose of preserving, maintaining, and operating the improvement, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in this chapter. To this end, the board may, from time to time, make such additional levies based upon the assessment of benefits as may be necessary for such purposes. However, the amount of the total levies shall not exceed the assessed benefits and interest thereon.
Acts 1987, No. 113, § 17.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-95-101 — 14-95-105) › Section 14-95-101 - Intent

The intent of this chapter is:
(1)
To enable municipalities to establish urban service districts upon petition by residents in a proposed district for the provision of services;
(2)
To provide for the management of the services;
(3)
To authorize the levying of fees for payment of the services;
(4)
To allow for the termination of water, sewer, or garbage services upon nonpayment of the fees; and
(5)
For any other similar purposes.
Acts 1995, No. 1090, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-95-101 — 14-95-105) › Section 14-95-102 - Urban service districts generally

Urban service districts may be established, operated, combined, enlarged, reduced, or abolished, subject to the provisions of this chapter, by ordinance of the governing body of a city or town to provide one (1) or more of the services authorized to be provided by the municipal governments.
Acts 1995, No. 1090, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-95-101 — 14-95-105) › Section 14-95-103 - Area served

(a)
An urban service district may include all or any part of the jurisdictional areas of a municipality.
(b)
Two (2) or more cities, or one (1) or more cities and one (1) or more towns, may create a joint service district through an interlocal agreement.
Acts 1995, No. 1090, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-95-101 — 14-95-105) › Section 14-95-104 - Purposes of district

(a)
An urban service district shall be defined as a municipal service organization established to provide one (1) or more city services or additional municipal services and financed from revenues secured from within the designated service area through the levy and collection of service charges.
(b)
An urban service district may be created for the following purposes, all of which are found to be public purposes within the meaning of Arkansas Constitution, Amendment 65:
(1)
Emergency services, including ambulance services, civil defense services, fire prevention and protection services, and public safety and security services;
(2)
Solid waste services, including recycling services, and solid waste collection and disposal services;
(3)
Parking services and public transportation services;
(4)
Recreation services, including parks, playgrounds, bicycle paths, and recreation programs; and
(5)
Neighborhood improvement services, including without limitation:
(A)
Housing maintenance and redevelopment;
(B)
Neighborhood business district maintenance and redevelopment;
(C)
Community facilities maintenance and redevelopment;
(D)
Street and sidewalk maintenance and redevelopment, including without limitation lighting, cleaning, repairing, resurfacing, and access ramp installation;
(E)
Weed lot and alley maintenance services; and
(F)
Drainage system maintenance and redevelopment, including without limitation services provided by storm water management programs.
Amended by Act 2023, No. 13,§ 1, eff. 8/1/2023.
Acts 1995, No. 1090, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-95-101 — 14-95-105) › Section 14-95-105 - Financing

Notwithstanding any provisions of law requiring uniform taxation within a municipality, a municipal governing body, by ordinance, may establish urban service districts and levy service charges to provide and finance any municipal service or function which a municipality is otherwise authorized to undertake.
Acts 1995, No. 1090, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 2 - ESTABLISHMENT (§§ 14-95-201 — 14-95-203) › Section 14-95-201 - Establishment of urban service districts - Procedure generally

An urban service district may be established in the following manner:
(1)
(A)
Upon petition to the governing body of a city or town signed by not less than twenty-five percent (25%) of the electors of a proposed urban service district, the governing body of a city or town may establish an urban service district by ordinance adopted after notice and public hearing.
(B)
The governing body shall set a date for a public hearing and give notice of the hearing.
(C)
Following the public hearing, the governing body may either:
(i)
Adopt an ordinance creating the urban service district;
(ii)
Refuse to act further on the matter; or
(iii)
Submit the matter to the electors of the proposed district by referendum.
(2)
(A)
Where an ordinance is adopted establishing an urban service district, the governing body of the city or town shall, in addition to all other requirements, at a minimum, publish notice of the adoption of the ordinance.
(B)
The notice shall include a statement setting out the elector's right to protest.
(C)
If, within thirty (30) days of the notice, fifty percent (50%) or more of the electors residing in the proposed urban service district file a written protest, by individual letter or petition, then the ordinance creating the urban service district shall be void.
(D)
If hearings on protests indicate that a geographic area desires exclusion from the proposed urban service district, the ordinance may be amended to exclude the property in that area.
(3)
No service charges shall be assessed until after the thirty-day period has elapsed.
Acts 1995, No. 1090, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 2 - ESTABLISHMENT (§§ 14-95-201 — 14-95-203) › Section 14-95-202 - Ordinance requirements

An ordinance to establish an urban service district shall include:
(1)
The name of the proposed district;
(2)
The services to be provided by the proposed district;
(3)
The convenience or necessity of the proposed district;
(4)
A map containing the boundaries of the proposed district;
(5)
The estimated cost of services to be provided and methods of financing the proposed services;
(6)
The method for administering the proposed district; and
(7)
The time period for which the fee is to be levied, but in no case to exceed ten (10) years from the date of the establishment of the district, unless the fees are pledged to service a bond indebtedness, in which case the time period of the levy shall be on a parity with the maturity of the bonds.
Acts 1995, No. 1090, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 2 - ESTABLISHMENT (§§ 14-95-201 — 14-95-203) › Section 14-95-203 - Initiative and referendum

All provisions of Arkansas Constitution, Amendment 7, shall apply to an ordinance establishing an urban service district.
Acts 1995, No. 1090, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 3 - MODIFICATION OR DISSOLUTION (§§ 14-95-301 — 14-95-304) › Section 14-95-301 - Modification or dissolution - Prohibitions - Exception

(a)
Once an urban service district has incurred bond indebtedness, it shall not be dissolved or modified in any respect until all bonds are retired.
(b)
This prohibition shall not prevent the creation of a new or additional district with boundaries larger, smaller, or coextensive with, an existing urban service district.
Acts 1995, No. 1090, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 3 - MODIFICATION OR DISSOLUTION (§§ 14-95-301 — 14-95-304) › Section 14-95-302 - Modification or dissolution generally

The governing body of a city or town may, by ordinance, with notice and public hearing:
(1)
Decrease or terminate the type of services and associated fees that the urban service district is authorized to provide, unless fifty percent (50%) or more of the electors residing in the district protest;
(2)
Enlarge the district to include adjacent land if fifty percent (50%) or more of the electors residing in the proposed addition do not protest and the advisory board or administrative board of the original district consents;
(3)
Combine the urban service district with another urban service district for ease of administration, unless fifty percent (50%) or more of the electors in either district protest, but it may not combine advisory boards or administrative boards without the concurrence of each;
(4)
Abolish the urban service district unless fifty percent (50%) or more of the electors in the district protest;
(5)
(A)
Change the method for administering the urban service district, unless fifty percent (50%) of the electors in the district protest.
(B)
Provided, that existing advisory boards or administrative boards cannot be dissolved, diminished, or combined without their consent; and
(6)
Increase or change the services or service charges that the urban service district is authorized to provide upon petition of no less than twenty-five percent (25%) of the electors of the district;
Acts 1995, No. 1090, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 3 - MODIFICATION OR DISSOLUTION (§§ 14-95-301 — 14-95-304) › Section 14-95-303 - Dissolution - Combination of service district

Dissolution or any combination of service districts shall provide for the following:
(1)
The transfer or other disposition of property and other rights, claims, and assets of the district;
(2)
The payment of all obligations from the resources of the district;
(3)
The payment of all costs of abolishing or combining a district from the resources of the districts involved;
(4)
The honoring of any bonds, debt, contract, obligation, or cause of action accrued or established under the urban service district;
(5)
The provision for the:
(A)
Equitable disposition of the assets of the district;
(B)
Adequate protection of the legal rights of employees of the district; and
(C)
Adequate protection of the legal rights of creditors; and
(6)
The transfer of all property and assets to the jurisdiction of the city or town.
Acts 1995, No. 1090, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 3 - MODIFICATION OR DISSOLUTION (§§ 14-95-301 — 14-95-304) › Section 14-95-304 - Voter approval

All changes in urban service districts may be submitted to the electors of the existing or proposed district, whichever is larger, by initiative or referendum.
Acts 1995, No. 1090, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 4 - ADMINISTRATION (§§ 14-95-401 — 14-95-403) › Section 14-95-401 - Administration of urban service districts

(a)
An urban service district shall be administered directly as a part of the office of the mayor, or the city manager or city administrator, as a part of a department with or without an advisory or administrative board, or as a separate department with or without an advisory or administrative board, as defined in the petition and establishing ordinance.
(b)
The budget for each urban service district shall be appropriated as other funds of the city.
Acts 1995, No. 1090, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 4 - ADMINISTRATION (§§ 14-95-401 — 14-95-403) › Section 14-95-402 - Service charges - Levy

(a)
The governing body of the city or town is authorized to levy, by ordinance, service charges for the district to establish, operate, maintain, support, and otherwise provide any and all services authorized for the district.
(b)
(1)
Service charges adopted by the governing body shall be equally administered on a per capita or per household basis, or on a per unit of service basis, or a combination of these methods.
(2)
Services charge levied on a per capita or per household basis shall be collected equally without regard to whether or not an individual or household avails itself of the service.
(c)
Except as otherwise provided for in this chapter, no service fee may be levied for a period of time exceeding ten (10) years except upon a new petition from electors in the service district and by passage of a new authorizing ordinance by the city or town's governing body per the provisions in this chapter.
Acts 1995, No. 1090, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 4 - ADMINISTRATION (§§ 14-95-401 — 14-95-403) › Section 14-95-403 - Service charges - Billing

(a)
(1)
Service charges for urban service districts may be entered on the municipal water bill, sewer bill, or garbage bill.
(2)
Funds collected on the bills by the municipal utilities shall be paid over to the depository for the district's funds.
(3)
Upon nonpayment of service fees, the municipality or municipal utility may discontinue water, sewer, or garbage services as provided in its own ordinances.
(b)
(1)
Funds raised through service charges for an urban service district may be used only for urban service district purposes.
(2)
These public funds shall be maintained in the town or city treasury and accounted for as a separate enterprise fund.
(3)
Disbursements of all urban service district funds shall be made only upon voucher or claim presented to and approved by the mayor, city manager, or city administrator.
Acts 1995, No. 1090, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 5 - CAPITAL CONSTRUCTION AND IMPROVEMENTS PROGRAM (§§ 14-95-501 — 14-95-502) › Section 14-95-501 - Creation

(a)
The governing body of a city or town which has established an urban service district is authorized to compile a program of capital construction, reconstruction, and improvements within the district and submit the program to the Arkansas Development Finance Authority.
(b)
Each program shall specify:
(1)
The capital construction, reconstruction, and improvements to be made within the district;
(2)
The estimates of cost of the specific projects; and
(3)
The total cost for each district within a municipality.
(c)
The mayor, city manager, or city administrator is authorized to employ architects and other like professional and technical assistance as is determined to be necessary for laying out, compiling, and implementing the program of capital construction, reconstruction, and improvements within the district.
Acts 1995, No. 1090, § 6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 5 - CAPITAL CONSTRUCTION AND IMPROVEMENTS PROGRAM (§§ 14-95-501 — 14-95-502) › Section 14-95-502 - Financing

(a)
To finance the cost of the program, the governing body of each municipality shall adopt a resolution pledging the urban service district's service charges, or a portion thereof, to finance the program compiled for the district.
(b)
The resolution shall specify:
(1)
The district's projected revenues;
(2)
The projected costs of the program; and
(3)
The period of time for which the district's revenues shall be obligated.
Acts 1995, No. 1090, § 6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-601 - Pledge of revenues

(a)
On and after the effective date of this chapter, the Arkansas Development Finance Authority is authorized:
(1)
To receive from an urban service district a pledge of revenues; and
(2)
To package several programs of the districts from several counties and municipalities into a single bond issue to finance the various programs of the several districts.
(b)
The authority is authorized to execute and deliver the pledges, resolutions, instruments, and other undertakings and writings and to take any action as may be appropriate to evidence the debt obligations and the security therefor and to carry out the purposes of this chapter.
Acts 1995, No. 1090, § 7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-602 - Revenue bonds

(a)
Pursuant to the intention of the General Assembly expressed in §
15-5-303
, the Arkansas Development Finance Authority is hereby authorized and empowered to issue revenue bonds, at one (1) time or from time to time, and to use the proceeds there of to:
(1)
Provide urban service districts in various counties or municipalities with money for a program of capital construction, reconstruction, improvements, and services within the districts for purposes set forth in this chapter;
(2)
Pay all incidental expenses in connection with those purposes;
(3)
Pay the expenses of authorizing and issuing the bonds;
(4)
Establish a debt service reserve to secure the payment of the bonds, if the authority deems it desirable; and
(5)
Make provision for the payment of interest and trustee's fees on the bonds.
(b)
The bonds outstanding under this chapter may be in such principal amount as the authority shall determine to be necessary for the accomplishment of the purposes of this chapter.
(c)
The bonds shall be authorized, shall be sold by the means, shall bear the rate or rates of interest, and shall be executed and delivered in the manner as the authority may determine pursuant to the provisions of §§
15-5-301
-
15-5-316
, inclusive.
(d)
The bonds issued shall mature over a period of not more than thirty (30) years.
(e)
The authority is authorized to enter into authorizing resolutions and trust indentures as it deems necessary to secure the revenue bonds.
Acts 1995, No. 1090, § 7, 8.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-603 - Issuance

(a)
Bonds may be issued for the purpose of refunding any bonds issued under this chapter.
(b)
Refunding bonds may be issued by the Arkansas Development Finance Authority pursuant to the provisions of §
15-5-314
.
Acts 1995, No. 1090, § 13.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-604 - Restrictions

All pledged revenues are hereby specifically declared to be restricted in their use and dedicated and to be used solely as provided and authorized in this chapter.
Acts 1995, No. 1090, § 10.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-605 - Bond fund

(a)
Commencing the first day of the month succeeding the issuance of the bonds under this chapter and so long as any bonds are outstanding under this chapter, the pledged revenues of each municipality's urban service district shall be periodically transferred to the authority and shall not be subject to appropriation by the municipality, but, as and when received by the authority, shall be deposited in a bank or banks selected by the authority to the credit of a fund designated as the "Urban Service District Revenue Bond Fund", with appropriate identification for separate issues or series.
(b)
(1)
So long as any bonds are outstanding under this chapter, all moneys in any bond fund shall be used solely for the payment of the principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds, with the maintenance of necessary funds and reserves.
(2)
Except that, the authorizing resolution or trust indenture may provide for the withdrawal, for other purposes, of surplus moneys, as defined in the authorizing resolution or trust indenture.
(c)
Nothing in §
14-95-604
, this section, or §
14-95-608
is intended to prohibit the authority from investing moneys received under this section, §
14-95-604
, or §
14-95-608
, as provided in this chapter.
Acts 1995, No. 1090, § 10.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-606 - Deposit of proceeds

(a)
The Arkansas Development Finance Authority shall include necessary provisions in the authorizing resolution or trust indenture to provide for the deposit of the proceeds of the bonds pursuant to the provisions of §
15-5-209
.
(b)
The authority may create and establish one (1) or more special funds in such depositories and make such investment as it may designate to provide for the construction, secure the bonds, establish reserves, and fund other necessary functions or activities authorized by this chapter.
Acts 1995, No. 1090, § 12.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-607 - Liens and pledges

(a)
The principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds shall be secured by a lien on and pledge of, and shall be payable from, the pledged revenues defined in §
14-95-608
.
(b)
The authorizing resolution or trust indenture shall set forth details of the nature and extent of the lien and pledge, including provisions for the use of surplus revenues, if any, for any other lawful purposes.
Acts 1995, No. 1090, § 9.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-608 - Pledged revenues

The principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with all bonds issued under this chapter shall be secured solely by a lien on and pledge of each municipality's urban service district's revenues derived from their service charges credited to the town or city treasury, and the pledging of those revenues, the "pledged revenues", is hereby authorized.
Acts 1995, No. 1090, § 10.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-609 - Resolutions and indentures

(a)
Any authorizing resolution and trust indenture shall, together with this chapter, constitute a contract between the Arkansas Development Finance Authority and the holders and registered owners of the bonds, which contract, and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of the contract, and the covenants, agreements, and obligations of the authority may be enforced by mandamus or other appropriate proceedings at law or in equity.
(b)
In this regard, in addition to other provisions referred to above, the authority is hereby expressly authorized to include in any authorizing resolution or trust indenture a covenant that, to the fullest extent possible, each municipality's urban service district's revenues derived from its service charges will be collected under this chapter to the fullest extent possible so as to avoid any impairment of the security for the bonds and that the authority will always maintain reserves at proper levels, and otherwise comply with any provisions of authorizing resolutions or trust indentures concerning revenues and bonds.
Acts 1995, No. 1090, § 11.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 95 - URBAN SERVICE DISTRICT (§§ 14-95-101 — 14-95-610) › Subchapter 6 - ARKANSAS DEVELOPMENT FINANCE AUTHORITY (§§ 14-95-601 — 14-95-610) › Section 14-95-610 - Bond description and liability

(a)
It shall be plainly stated on the face of each bond that:
(1)
It has been issued under the provisions of this chapter;
(2)
The bonds shall be obligations only of the Arkansas Development Finance Authority, as specified in the applicable trust indenture; and
(3)
In no event shall they constitute indebtedness for which the faith and credit of the State of Arkansas or any of its revenues, within the meaning of Arkansas Constitution, Amendment 20, are pledged.
(b)
No member of the authority shall be personally liable on the bonds.
Acts 1995, No. 1090, § 9.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 96 - BROADBAND IMPROVEMENT DISTRICTS (§§ 14-96-201 — 14-96-202) › Subchapter 2 - BROADBAND IMPROVEMENT DISTRICTS GENERALLY (§§ 14-96-201 — 14-96-202) › Section 14-96-201 - Definitions

As used in this subchapter:
(1)
"Broadband improvement district" means an improvement district established for the purpose of providing or aiding in the development and maintenance of broadband internet service and deemed a special-purpose unit of local government under
41 C.F.R. § 105-50.001-4
;
(2)
"Broadband internet service" means the provision of regulated or nonregulated connectivity to a high-speed, high-capacity transmission medium that can carry signals from multiple independent network carriers over electric power lines, communication lines, antennas, and related facilities, whether above or below ground;
(3)
"Broadband system" means the infrastructure, materials, equipment, and other facilities installed to facilitate the provision of broadband internet service;
(4)
"Party" means:
(A)
A municipal improvement district formed under §
14-88-201
et seq.;
(B)
A suburban improvement district formed under §
14-92-201
et seq.;
(C)
A property owners' improvement district formed under the Property Owners' Improvement District Law, §
14-93-101
et seq.;
(D)
A municipal property owners' improvement district formed under the Municipal Property Owner's Improvement District Law, §
14-94-101
et seq.;
(E)
A horizontal property regime or property owners' association formed under the Horizontal Property Act, §
18-13-101
et seq.; or
(F)
A rural development authority formed under the Rural Development Authority Act, §
14-188-101
et seq.;
(5)
"Private actor" means a cooperative, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity that is experienced in the construction, financing, implementation, maintenance, or operation of the facilities to be acquired or constructed; and
(6)
"Public-private partnership" means a partnership between a party and a private actor.
Added by Act 2021, No. 795,§ 5, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 114 - GENERAL PROVISIONS (§§ 14-114-101 — 14-114-104) › Section 14-114-101 - Conflict of regulations

In the event that the regulations of water and soil improvement districts under subtitle 7 of title 14 of the Code conflict, and in the event that the water and soil improvement districts are unable to resolve the conflict, the Arkansas Soil and Water Conservation Commission shall have all powers necessary to resolve the conflict including the power to require any district to modify or rescind any regulation in conflict.
Acts 1989, No. 618, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 114 - GENERAL PROVISIONS (§§ 14-114-101 — 14-114-104) › Section 14-114-102 - Definitions - Financial statement

(a)
As used in this section, unless the context otherwise requires:
(1)
"Commission" means the Arkansas Soil and Water Conservation Commission; and
(2)
"District" means all levee, drainage, irrigation, watershed, and river impoundment districts.
(b)
Financial reporting.
(1)
On or before March 1 of each year, each district shall file with the county clerk where the majority of lands in a district are located a financial statement as of the preceding December 31.
(2)
The financial statements shall include, but not be limited to, the following:
(A)
A statement of revenues, expenses, and fund balances;
(B)
A balance sheet;
(C)
A statement of the cash on hand as of January 1 of the year for which the report is made, together with all other assets of the district;
(D)
The total receipts for the preceding year;
(E)
The disbursements for administration, construction, and maintenance for bonds redeemed and for interest paid on outstanding bonds; and
(F)
Interest due on outstanding bonds, together with all other indebtedness of the district.
(3)
Each district's accounts shall be open for inspection according to the rules governing freedom of information as set forth in §
25-19-101
et seq.
(4)
Failure of an official to perform the duties and acts required herein shall be a violation punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000).
Acts 1993, No. 1175, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 114 - GENERAL PROVISIONS (§§ 14-114-101 — 14-114-104) › Section 14-114-103 - Watershed or basin studies and funding for costs

(a)
(1)
Irrigation, drainage, watershed, regional water distribution, levee, and conservation districts may participate in watershed or basin studies within their basins to assess:
(A)
The water quantity or quality issues within the basin; or
(B)
The impacts, feasibility, planning, and design of any proposed project within the watershed or basin that could impact the districts' facilities and operation.
(2)
The study may be conducted by one (1) or more districts, with or without the assistance of the state or federal government.
(b)
A district may use any operation and maintenance funds or other funds not otherwise pledged to assist with study costs.
Acts 1999, No. 52, § 1; 2001, No. 1553, § 23.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 115 - INTERSTATE WATERSHED COOPERATION ACT (§§ 14-115-101 — 14-115-106) › Section 14-115-101 - Title

This chapter may be known as the "Interstate Watershed Cooperation Act."
Acts 1967, No. 31, § 1; A.S.A. 1947, § 21-1801.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 115 - INTERSTATE WATERSHED COOPERATION ACT (§§ 14-115-101 — 14-115-106) › Section 14-115-102 - Purpose - Construction

(a)
The purpose of this chapter is to enable existing improvement districts or any improvement districts to be created, to make, or contribute to the cost of, improvements for the purpose of flood prevention and control, preventing erosion, floodwater, and sediment damage, and of furthering the conservation, development, utilization, and disposal of water in interstate watershed projects.
(b)
The provisions of this chapter shall not be construed to impair or limit in any way the interstate rights of the federal government or any of its departments or agencies, with respect to its jurisdiction, management, or control over waters or other matters or projects of an interstate nature. It is the purpose and intention of this chapter that neither the powers granted herein nor any agreement pursuant hereto shall interfere directly or indirectly with the federal jurisdiction or authority.
(c)
None of the additional powers granted by this chapter shall be exercised except for the purpose of participating in programs authorized by the Congress of the United States relating to the control and prevention of floodwater and sediment damages and the conservation, development, utilization, and disposal of water.
Acts 1967, No. 31, § 3; A.S.A. 1947, § 21-1803.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 115 - INTERSTATE WATERSHED COOPERATION ACT (§§ 14-115-101 — 14-115-106) › Section 14-115-103 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Interstate watershed project" means any undertaking in cooperation with the federal government for preparing and carrying out works of improvement for the control and prevention of floodwater, erosion, and sediment damage, and the conservation, development, utilization, and disposal of water lying wholly or in part outside the boundaries of this state, the installation of which will benefit lands and property in this state;
(2)
"Improvement district" or "district" includes drainage, soil or water conservation, irrigation, levee, flood control, or other special improvement district, and all other political subdivisions including incorporated cities and towns;
(3)
"Bonds" means any notes, bonds, or other obligations without regard to form or source of payment, issued by any district pursuant to any law of this state;
(4)
"Taxes" means general taxes levied on an ad valorem basis or special benefit taxes levied pursuant to the laws governing improvement districts.
Acts 1967, No. 31, § 2; A.S.A. 1947, § 21-1802.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 115 - INTERSTATE WATERSHED COOPERATION ACT (§§ 14-115-101 — 14-115-106) › Section 14-115-104 - Authority to cooperate with state and federal governments

With respect to planning, constructing, operating, and maintaining works of improvement in the interstate watershed projects, the governing authority of any improvement district is authorized to cooperate and enter into agreements with, and to furnish financial and other assistance to, and receive financial and other assistance from:
(1)
The federal government, or any department or agency thereof;
(2)
The state government of other states; and
(3)
Other improvement districts in this state and in adjoining states.
Acts 1967, No. 31, § 4; A.S.A. 1947, § 21-1804.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 115 - INTERSTATE WATERSHED COOPERATION ACT (§§ 14-115-101 — 14-115-106) › Section 14-115-105 - Contents of agreements between Arkansas and another state

(a)
Any such agreement between a district in this state and a district in an adjoining state shall contain as a minimum the following:
(1)
A statement of the obligations of each district as to the installation of the works of improvement and the amount or proportionate share of the nonfederal installation costs to be borne by each district;
(2)
A statement of the obligations of each district as to the operation and maintenance of the works of improvement lying within each district and the amount or proportionate part of the cost of the operation and maintenance to be borne by each district;
(3)
The obligation of each district to pay a proportionate part of any damages which may be recovered against either district resulting from the injury to, or taking of, lands or other property necessary for carrying out the works of improvement;
(4)
A statement that any installation funds remaining after completion of the work and payment of all costs shall be divided and returned to each district in the same proportion that each contributed to the cost.
(b)
However, no such agreement with an adjoining state or district of that state shall be inconsistent with the Constitution of the United States of America, or of either state, for the carrying out of the proposed works of improvement.
Acts 1967, No. 31, § 5; A.S.A. 1947, § 21-1805.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 7 - WATER AND SOIL IMPROVEMENT DISTRICTS (§§ 14-114-101 — 14-126-103) › Chapter 115 - INTERSTATE WATERSHED COOPERATION ACT (§§ 14-115-101 — 14-115-106) › Section 14-115-106 - Raising funds to carry out obligations under contracts entered

The governing authority of any improvement district is authorized to appropriate sums, issue bonds, and levy taxes in the manner and for the purposes provided by the law under which it is organized to raise funds as necessary to fulfill the district's obligations under the terms of any agreement entered into under this chapter.
Acts 1967, No. 31, § 6; A.S.A. 1947, § 21-1806.