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14-188-105. Appointment of commissioners, etc.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-188-105. Appointment of commissioners, etc.
(a)(1) When the county court adopts a resolution as prescribed in § 14-188-104, the court shall appoint five (5) persons as commissioners of the rural development authority created for the county.
(2)(A) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. Thereafter, commissioners shall be appointed as indicated for a term of office of five (5) years, except that all vacancies shall be filled for the unexpired terms.
(B)(i) A certificate of the appointment or reappointment of any commissioner shall be filed with the county clerk.
(ii) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.
(3) The county court of the county shall designate one (1) of the commissioners who shall be the first chairman.
(b)(1) Immediately after appointment, the authority shall hold its first meeting, presided over by the first chairman, and elect a vice chairman from among its commissioners.
(2)(A) The authority shall employ a secretary who shall be executive director, technical experts, and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, and compensation.
(B) For such legal services as it may require, an authority may call upon the chief law officer of the county, or it may employ its own counsel.
(3) An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.
(c)(1) The powers of each authority shall be vested in its commissioners in office from time to time.
(2)(A) Three (3) commissioners shall constitute a quorum of th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-188-105
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:14-188-105
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cb5a8e92f7a240a9c083098fb727de26080d5a8ec3bd942c01715795982c83d5
Source location: content.xml paragraph 44176
Stored source content
14-188-105. Appointment of commissioners, etc.
(a)(1) When the county court adopts a resolution as prescribed in § 14-188-104, the court shall appoint five (5) persons as commissioners of the rural development authority created for the county.
(2)(A) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. Thereafter, commissioners shall be appointed as indicated for a term of office of five (5) years, except that all vacancies shall be filled for the unexpired terms.
(B)(i) A certificate of the appointment or reappointment of any commissioner shall be filed with the county clerk.
(ii) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.
(3) The county court of the county shall designate one (1) of the commissioners who shall be the first chairman.
(b)(1) Immediately after appointment, the authority shall hold its first meeting, presided over by the first chairman, and elect a vice chairman from among its commissioners.
(2)(A) The authority shall employ a secretary who shall be executive director, technical experts, and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, and compensation.
(B) For such legal services as it may require, an authority may call upon the chief law officer of the county, or it may employ its own counsel.
(3) An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.
(c)(1) The powers of each authority shall be vested in its commissioners in office from time to time.
(2)(A) Three (3) commissioners shall constitute a quorum of the authority for the purposes of conducting its business and exercising its powers and for all other purposes.
(B) Action may be taken by the authority upon a vote of a majority of the commissioners present, except as provided in this chapter and except as otherwise provided in the rules and regulations of the authority.
(3) Minutes of all authority meetings are to be kept by the secretary and shall be made available to the county court of the county at any time.
(4) A commissioner shall receive no compensation for his services, but he shall be entitled to necessary expenses including travel expenses incurred in the discharge of his duties.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-188-104. Creation of authorities.
(a)(1) In each county of the state there is created a public body corporate and politic to be known as the rural development authority.
(2) The authority shall not transact any business or exercise its powers under this chapter until or unless the county court, by proper resolution, shall declare, at any time, its need for a development authority to function in the county.
(b)(1)(A) The determination as to whether there is a need for an authority to function may be made by:
(i) The county court on its own motion; or
(ii) The county court upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in the county and requesting that the court so declare.
(B)(i) In either event, the court shall hold a public hearing on the matter as set forth in this section.
(ii) Prior to any hearing held to determine if there is need for an authority to function in the county, the clerk shall cause notice of the hearing to be published for at least two (2) successive weeks in a newspaper of general circulation in the county, setting forth the time and place of the hearing.
(iii) Not more than two (2) weeks after the last publication of the notice, the court shall hold a public hearing on it and adopt a resolution which shall state if there is a need for a development authority in the county and define the area of operation, which may be enlarged or reduced by a majority of the commissioners, appointed pursuant to this chapter, at any subsequent meeting.
(iv) The court may adopt a resolution declaring that there is a need for development authority in the county if it shall find that:
(a) Chronic unemployment or chronic underemployment exists in the area; o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-188-104
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 14-188-104. This identifies an authority to review, not proof of applicability.