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14-125-405. Directors — Certification of commission determination.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-405. Directors — Certification of commission determination.
(a) If the commission shall determine that the proposed division or combination is practicable and feasible in its entirety, it shall appoint for each district to result from the proposed division or combination two (2) directors to act with three (3) directors to be elected in accordance with, and subject to, the terms and conditions set forth in §§ 14-125-301 and 14-125-302, except that the nominating petitions shall be filed within thirty (30) days of the determination of the commission and notice thereof to the eligible voters, as the governing body of each such district.
(b) Any existing director shall be eligible to be appointed or elected as a new director.
(c) The commission shall then certify to the new directors, and to the directors of each existing district which is to be divided or combined, hereinafter sometimes called “old directors”, the determination of the commission as to the administrative practicability and feasibility of the division or combination, the boundaries of the proposed district, the names, addresses, and positions of the directors appointed or elected for each new district, and such other data as it deems appropriate.
(d) Thereupon, the old directors of each district to be divided, if any, shall decide the proportion and manner of division of its property, assets, and rights, exclusive, however, of any executory contracts, among the new districts into which the old district is to be divided, taking into consideration the nature and source of the property, assets, and rights, the comparative sizes of the new divisions, the number of landowners of each division, and general considerations of fairness in making the allocation.
(e) The directors shall notify the com
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-405
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:14-125-405
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3e94b8677de5c1cae28d43f5faa0232c125456296a4f599b7c7d35f721c32260
Source location: content.xml paragraph 33630
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14-125-405. Directors — Certification of commission determination.
(a) If the commission shall determine that the proposed division or combination is practicable and feasible in its entirety, it shall appoint for each district to result from the proposed division or combination two (2) directors to act with three (3) directors to be elected in accordance with, and subject to, the terms and conditions set forth in §§ 14-125-301 and 14-125-302, except that the nominating petitions shall be filed within thirty (30) days of the determination of the commission and notice thereof to the eligible voters, as the governing body of each such district.
(b) Any existing director shall be eligible to be appointed or elected as a new director.
(c) The commission shall then certify to the new directors, and to the directors of each existing district which is to be divided or combined, hereinafter sometimes called “old directors”, the determination of the commission as to the administrative practicability and feasibility of the division or combination, the boundaries of the proposed district, the names, addresses, and positions of the directors appointed or elected for each new district, and such other data as it deems appropriate.
(d) Thereupon, the old directors of each district to be divided, if any, shall decide the proportion and manner of division of its property, assets, and rights, exclusive, however, of any executory contracts, among the new districts into which the old district is to be divided, taking into consideration the nature and source of the property, assets, and rights, the comparative sizes of the new divisions, the number of landowners of each division, and general considerations of fairness in making the allocation.
(e) The directors shall notify the commission and the new directors, who are to receive any of the property, rights, and assets, of their decision; and the property, assets, and rights shall then be divided and transferred accordingly.
(f) If no division of a district is to be made, the directors shall simply transfer the assets, property, and rights of the district to the new directors of the combined district of which it will comprise a part.
(g) If the directors of a district to be divided are unable to agree on the division of the property, assets, and rights to be made, within sixty (60) days after the certification of determination from the commission, they shall notify the commission. After a hearing of the directors and any other persons within the district who may be, in the commission's judgment, reasonably entitled to be heard, the commission shall decide and determine finally the proportions and manner of the division and shall certify its decision to the directors, who shall proceed forthwith to divide the property, assets, and rights accordingly.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-301. Directors generally.
(a)(1) The governing body of the district shall consist of five (5) directors, elected or appointed pursuant to this chapter.
(2) The three (3) elected directors shall be qualified electors residing in the district.
(3) The two (2) directors appointed by the Arkansas Natural Resources Commission shall be persons who are owners of land within the district and who are by training and experience qualified to perform the services which will be required of them in the performance of their duties under this chapter.
(b) The directors shall designate a chair and may, from time to time, change the designation.
(c) The term of office of each director shall begin on the first day of the month next following his or her date of election or appointment, as the case may be, and shall be for three (3) years. The directors who are first appointed shall be designated to serve for terms of one (1) year and two (2) years, respectively, from the date of their appointment.
(d) Before entering on the duties of office, each director shall take and subscribe to the oath of office required by Arkansas Constitution, Article 19, § 20.
(e) A director shall hold office until his or her successor has been elected or appointed and has qualified.
(f) All vacancies shall be filled by appointment by the commission. Vacancies in the office of an elected director shall be filled for the unexpired term. Vacancies in the office of an appointed director shall be filled for a new full term.
(g) In making appointments, the commission shall consider any recommendation which may be made by the remaining members of the local board.
(h) A majority of the directors shall constitute a quorum, and the concurrence of the majority in any matter within their duties sh
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-301
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 14-125-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-302. Election of directors.
(a) Within thirty (30) days after the date of issuance by the Secretary of State of a certificate of organization of a conservation district, nominating petitions may be filed with the Arkansas Natural Resources Commission to nominate candidates for directors of the district.
(b)(1) The commission shall have authority to extend the time within which nominating petitions may be filed.
(2) No such nominating petition shall be accepted by the commission unless it shall be subscribed by twenty-five (25) or more qualified electors within the boundaries of the district.
(3) Qualified electors may sign more than one (1) such nominating petition to nominate more than one (1) candidate for director.
(4) The commission shall give due notice of an election to be held for the election of three (3) directors for the district.
(5) The names of all nominees on behalf of whom the nominating petitions have been filed within the time herein designated shall be printed, arranged in alphabetical order of the surnames upon ballots, with a direction to vote for three (3) by placing an “X” in the square beside the name of each person for whom the voter wishes to vote.
(6) All qualified electors within the district shall be eligible to vote in the election.
(7) The three (3) candidates who shall receive the largest number, respectively, of the votes cast in the election shall be the elected directors for the district.
(8) The commission shall:
(A) Pay all the expenses of the election;
(B) Supervise the conduct thereof;
(C) Prescribe rules governing the conduct of the election and the determination of the eligibility of voters therein; and
(D) Publish the results and report results of the election to the Secretary of State.
(c)(1) S
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-302
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 14-125-302. This identifies an authority to review, not proof of applicability.