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14-121-308. Authority to improve or extend districts, borrow money, and issue bonds.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-121-308. Authority to improve or extend districts, borrow money, and issue bonds.
(a) The commissioners of any drainage district organized under the provisions of §§ 14-121-101 — 14-121-104, 14-121-201 — 14-121-207, 14-121-301, 14-121-303 — 14-121-305, 14-121-307, 14-121-309 — 14-121-314, 14-121-401 — 14-121-406, 14-121-408, 14-121-411, 14-121-412, 14-121-420 — 14-121-424, 14-121-425 (a), (b), 14-121-426 — 14-121-433, 14-121-440 — 14-121-442, 14-121-501, 14-121-502, 14-121-802 — 14-121-808, and 14-121-810 shall have the power as hereinafter provided, either before or after the completion of the plans for the work therein, to deepen or widen the drains in the district and to build additional laterals for the better drainage of its lands, and to borrow money for that purpose.
(b) To that end, they shall have power to issue negotiable bonds bearing a rate or rates of interest as provided in the resolution of the commissioners authorizing their issuance for the purpose of securing funds with which to complete the work of improvement in the district, and of widening or deepening the ditches, adding laterals, and for maintenance of the ditches and levees.
(c) They may secure the payment of the bonds by a pledge and a mortgage of the assessment of the benefits in the district, and of all reassessments thereof.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-308
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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Record provenance
Stable record: arkansas_code:legal_authorities:14-121-308
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 404b7adbca3c41ff5eaa7bbdf2a6d3b0013575a89de1c8bf72935243ce75cba0
Source location: content.xml paragraph 30813
Stored source content
14-121-308. Authority to improve or extend districts, borrow money, and issue bonds.
(a) The commissioners of any drainage district organized under the provisions of §§ 14-121-101 — 14-121-104, 14-121-201 — 14-121-207, 14-121-301, 14-121-303 — 14-121-305, 14-121-307, 14-121-309 — 14-121-314, 14-121-401 — 14-121-406, 14-121-408, 14-121-411, 14-121-412, 14-121-420 — 14-121-424, 14-121-425 (a), (b), 14-121-426 — 14-121-433, 14-121-440 — 14-121-442, 14-121-501, 14-121-502, 14-121-802 — 14-121-808, and 14-121-810 shall have the power as hereinafter provided, either before or after the completion of the plans for the work therein, to deepen or widen the drains in the district and to build additional laterals for the better drainage of its lands, and to borrow money for that purpose.
(b) To that end, they shall have power to issue negotiable bonds bearing a rate or rates of interest as provided in the resolution of the commissioners authorizing their issuance for the purpose of securing funds with which to complete the work of improvement in the district, and of widening or deepening the ditches, adding laterals, and for maintenance of the ditches and levees.
(c) They may secure the payment of the bonds by a pledge and a mortgage of the assessment of the benefits in the district, and of all reassessments thereof.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-121-101. Definitions.
(a) As used in this act, unless the context otherwise requires:
(1) “Real property” shall have the same meaning as when used in § 26-1-101 et seq. and shall embrace all railroads and tramroads within the district;
(2) “Ditch” includes branch or lateral ditches, tile drains, levees, sluiceways, floodgates, and any other construction work found necessary for the reclamation of wet and overflowed land.
(b) Whenever the words “county court” or “county judge” are used in this act, they shall be construed to mean “circuit court” or “circuit judge,” and the words “county clerk” shall mean “circuit clerk” in cases where the district contains lands in more than one (1) county.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-101
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 14-121-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-121-104. Appeals not to delay work.
No appeal provided for in this chapter shall be allowed to delay the organization of the district or the progress of the work of improvement.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-104
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 14-121-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-121-201. Petition for establishment — Engineer and survey — Bond.
(a) It shall be the duty of the county court to enter upon its records an order appointing an engineer to be selected by the petitioners when three (3) or more owners of real property within a proposed district shall:
(1) Petition the county court to establish a drainage district or a district to construct drainage or drainage and levee improvements in conjunction with the federal government and thereafter to maintain the whole of the improvements, or to maintain drainage or levee improvements constructed wholly or in part by the federal government, to embrace their property, describing generally the region which it is intended shall be embraced within the district; and
(2) File a good bond to pay for the expense of survey of the proposed district, in case the district is not formed.
(b) However, the engineer whom they select shall be a suitable person, and if not, an engineer shall be named who is satisfactory to the court. He 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, and shall be liable upon such bond for negligence or incompetency causing loss to the district.
(c) The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed system of drainage.
(d) The engineer shall file with the county clerk a report showing the territory which will be benefited by the proposed improvement, giving a general idea of its character and expense and making such suggestions as to the size of the drainage ditches and their location as he may deem advisable.
(e) All expense incident to the survey and cost of publication shall be paid by the co
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-201
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 14-121-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-121-207. Reorganization of districts formed under other laws.
Any district organized under the existing statutes may become a drainage district under the terms of this act as follows:
(1) If three (3) owners of real property within the district shall petition the county court to constitute them a drainage district under the terms hereof, the county court shall give notice of the application by two (2) weeks' publication in some newspaper published and having a bona fide circulation in the county, and of a time when the petition will be heard.
(2) All owners of real property within the district shall have the right to appear and contest the petition or to support it.
(3) The county court shall hear the evidence and shall either grant the petition or deny it, as it deems most advantageous to the property owners of the district. If it grants the petition, the district shall have all the rights and powers and be subject to all the obligations provided by the terms of this act.
(4) However, if the majority of the landowners of the district or the owners of a majority of the acreage therein petition for the adoption of this act, the county court must make an order declaring that the district shall henceforth be governed by the terms of this act and shall appoint commissioners of his own selection, who shall carry into effect, without delay, the proposed drainage improvement.
(5) The provisions of this act and the act of which it is amendatory shall not apply to or in any way affect Drainage District No. 2 and Drainage District No. 5, both in Poinsett County, as originally organized in and by the county court of the county. The court shall proceed to carry out the proposed improvements as if this act and the act of which it is amendatory had never been passed or
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-207
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 14-121-207. This identifies an authority to review, not proof of applicability.