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14-117-401. Plans — Construction areas.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-401. Plans — Construction areas.
(a) Plans prepared by “local organizations,” as defined by the Watershed Protection and Flood Prevention Act, with assistance from the United States Department of Agriculture, Soil Conservation Service, and plans prepared by the Department of the Army, Chief of Engineers, or any other federal or state agency may be adopted by the board of directors and when so adopted shall become the plan of improvement of the district and may be used in lieu of the engineer's survey and other requirements pertaining thereto mentioned in § 14-117-202, or as a supplement to the preliminary survey and report filed under the provisions of § 14-117-203. As soon as the board has adopted its plan for improvement of the district and has ascertained the cost thereof, it shall file the plan with the chancery or circuit clerk. The plans shall be accompanied by a map showing the location of the proposed improvements.
(b)(1) If, in the preparation of the final work plan, it is determined by the board that the location and character of the works of improvement are so varied that it would be impracticable to let contracts on all of them in the same year, or if federal funds would not be available for all of them in the same year, the final work plan may be segregated or divided into one (1) or more units of construction constituting any work or group of works proposed in the final work plan which can be constructed and operated as a feasible unit alone and which can also be operated economically in conjunction with the other proposed works in the plan.
(2) The final work plan shall indicate the area included in each unit of construction and establish each such area as a separate construction area, set forth the percentage or portion of the total project
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-117-401
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cb2e9d5f72cabd84e3dc0be40279af7c961e4b39b602cd5c863fd4ea2ad7ad26
Source location: content.xml paragraph 28412
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14-117-401. Plans — Construction areas.
(a) Plans prepared by “local organizations,” as defined by the Watershed Protection and Flood Prevention Act, with assistance from the United States Department of Agriculture, Soil Conservation Service, and plans prepared by the Department of the Army, Chief of Engineers, or any other federal or state agency may be adopted by the board of directors and when so adopted shall become the plan of improvement of the district and may be used in lieu of the engineer's survey and other requirements pertaining thereto mentioned in § 14-117-202, or as a supplement to the preliminary survey and report filed under the provisions of § 14-117-203. As soon as the board has adopted its plan for improvement of the district and has ascertained the cost thereof, it shall file the plan with the chancery or circuit clerk. The plans shall be accompanied by a map showing the location of the proposed improvements.
(b)(1) If, in the preparation of the final work plan, it is determined by the board that the location and character of the works of improvement are so varied that it would be impracticable to let contracts on all of them in the same year, or if federal funds would not be available for all of them in the same year, the final work plan may be segregated or divided into one (1) or more units of construction constituting any work or group of works proposed in the final work plan which can be constructed and operated as a feasible unit alone and which can also be operated economically in conjunction with the other proposed works in the plan.
(2) The final work plan shall indicate the area included in each unit of construction and establish each such area as a separate construction area, set forth the percentage or portion of the total project costs allocated to each construction area, and delineate the lands in each construction area which, on the basis of preliminary estimates, will derive some benefit from the works of improvement to be installed therein.
(3) Each construction area shall be appropriately identified by name and number, such as “Construction Area No.….”.
(4) The determination of the board that the works of improvement proposed in the final work plan, even though divided into units of construction, do not lack unity or singleness of purpose and that the works in each unit of construction confer some benefit on the lands therein shall be final and conclusive.
(c)(1) The board of commissioners shall have the authority to let contracts for carrying out the works of improvement on a construction area basis, to borrow money and issue notes or bonds, and to assess benefits and damages on a construction area basis.
(2) A separate assessment book shall be prepared and maintained for each construction area.
(3) The tax levied under § 14-117-413 to secure and repay notes or bonds shall be limited to and be a lien only on the lands located within each construction area found to be benefited by the works installed in the construction area, and that fact shall be indicated on the face of the notes or bonds.
(4) All published notices with respect to the assessment of benefits and damages and the borrowing of money and issuance of notes or bonds shall list the lands according to the construction area in which they are located.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-202. Petition for establishment — Engineer and survey — Bond.
(a) It shall be the duty of the court to enter upon its record an order appointing an engineer to be selected by the petitioners when a majority in number of the owners, exclusive of the owners of real property in incorporated towns or cities, of the lands or the owners of a majority in value of the lands, exclusive of the owners of real property in incorporated towns or cities, as shown by the last assessment of real property within a proposed district shall:
(1) Petition the chancery or circuit court to establish a district to embrace their property:
(A) Describing generally the region which it is intended shall be included within the district.
(B) Setting forth:
(i) The proposed name of the district;
(ii) The purpose or purposes of the district;
(iii) The general nature of the work to be done;
(iv) The necessity of the work;
(v) The feasibility of the work; and
(vi) The estimated cost of the project, as then estimated by those filing the petition from information they have at the time, with reasonable detail and definiteness in order that the court may understand the purpose, utility, feasibility, and need or necessity for the project; and
(2) File a good bond to pay for the expenses of survey of the proposed district, in case the district is not formed.
(b) The engineer selected by the petitioners shall be a suitable person, and if not, an engineer shall be named who is satisfactory to the court.
(c) The engineer shall give bond in a sum not less than one thousand dollars ($1,000) to be fixed by the court for the faithful discharge of his duties. He shall be liable upon such bonds for negligence or incompetency causing loss to the district.
(d) The engineer shall forthwi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-117-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-203. Alternative petition for establishment.
(a) If, upon the presentation of the petition for the formation of a district, provided for in § 14-117-202, a preliminary survey has been made and a report prepared with assistance from the United States Department of Agriculture, Soil Conservation Service, or from the Chief of Engineers, United States Army Corps of Engineers, or any other federal or state agency, and that report sets forth the proposed name of the district, the purpose or purposes of the district, delineates the area to be benefited, describes the general nature of the works of improvement, the necessity thereof, the feasibility thereof, and the estimated cost of the project, with reasonable detail and definiteness in order that the court may understand therefrom the purpose, utility, feasibility, and need or necessity therefor, a majority in number of the owners of title to real property and the owners of a majority in value of the real property in the proposed district, as shown by the last assessment, may present a petition to the chancery or circuit court, accompanied by the aforesaid survey and report, praying the establishment of the district.
(b) Upon the presentation of such a petition, it shall be the duty of the court to make the order establishing the district without the appointment of an engineer and without further inquiry.
(c) Any detailed plans prepared following the formation of the improvement district will be filed with the court as a supplement to the preliminary survey and report when the plans are adopted by the board of directors, as provided in § 14-117-401.
(d) If no such petition is filed, it shall be the duty of the court to investigate as provided in § 14-117-202 and to establish the district if it is of the opinio
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-117-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-413. Levy of tax — Preliminary expenses.
(a) At the same time that the assessment of benefits is filed or at any subsequent time when called upon by the board of directors, the circuit court shall enter upon its records an order, which shall have all the force of a judgment providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies.
(b)(1) The tax is to be paid by the real property in the district in proportion to the amount of the assessment of benefits on the real property and shall be paid in annual installments not to exceed ten percent (10%) for any one (1) year, as provided in the order.
(2) The circuit court may order that any tax of less than ten dollars ($10.00) per acre per year to be paid by the real property in the improvement district in proportion to the amount of the assessment of benefits is to be paid in one (1) year.
(c) The tax so levied shall be a lien upon all the real property in the district from the time that the lien is levied by the circuit court, shall be entitled to preference over all demands, executions, encumbrances, or liens whenever created, and shall continue until the assessment, with penalty and costs that may accrue on the assessment, shall have been paid.
(d) The remedy against the assessment of taxes shall be by appeal. The appeal must be taken within twenty (20) days from the date of the order by the circuit court. On the appeal the presumption shall be in favor of the legality of the tax.
(e) Any owner of real property within the district by mandamus may by the circuit court compel compliance with the terms of this section.
(f) If the board deems it not to the advantage o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-413
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-117-413. This identifies an authority to review, not proof of applicability.