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14-217-107. Rights and powers of districts pertaining to assessments, repairs, and sale of property.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-217-107. Rights and powers of districts pertaining to assessments, repairs, and sale of property.
(a) Any district, whether created before or after March 19, 1975, shall be governed by and shall have the rights and powers conferred by the provisions of §§ 14-92-201, 14-92-203 — 14-92-208, 14-92-210 — 14-92-232, 14-92-235 — 14-92-239 in particular §§ 14-92-201, 14-92-207, 14-92-208, 14-92-216, 14-92-221, 14-92-223 — 14-92-232, 14-92-235 — 14-92-239, as they pertain to appointment of an assessor, assessment of benefits, filing of assessments of benefits, giving of notices, reassessment of benefits, levy of assessments and taxes, payment and collection of assessments and taxes, enforcement of delinquent assessments, accrual of interest on assessments, preservation and repair of systems, and sale of property.
(b) No assessment of benefits shall be levied except with the approval of two-thirds (2/3) in assessed value, as shown by the last county assessment and the deed records in the office of the circuit clerk and ex officio recorder, of the owners of real property in the district. This approval may, however, be reflected by the petition referred to in § 14-217-105(a). Subject to such approval, nothing in this chapter shall be construed to limit the number of assessments that may be levied by a district.
(c) Any assessment of benefits imposed pursuant to this chapter, and any taxes collected thereon, may be pledged to secure the payment of assessment-secured bonds issued under this chapter or used to accomplish any of the purposes authorized by this chapter, including without limitation the operation and maintenance of any consolidated utility system.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-217-107
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:14-217-107
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 787ced449ce3b1eed213e3a50950f7e27026f88544ca7c8f126c32796a313bdc
Source location: content.xml paragraph 46701
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14-217-107. Rights and powers of districts pertaining to assessments, repairs, and sale of property.
(a) Any district, whether created before or after March 19, 1975, shall be governed by and shall have the rights and powers conferred by the provisions of §§ 14-92-201, 14-92-203 — 14-92-208, 14-92-210 — 14-92-232, 14-92-235 — 14-92-239 in particular §§ 14-92-201, 14-92-207, 14-92-208, 14-92-216, 14-92-221, 14-92-223 — 14-92-232, 14-92-235 — 14-92-239, as they pertain to appointment of an assessor, assessment of benefits, filing of assessments of benefits, giving of notices, reassessment of benefits, levy of assessments and taxes, payment and collection of assessments and taxes, enforcement of delinquent assessments, accrual of interest on assessments, preservation and repair of systems, and sale of property.
(b) No assessment of benefits shall be levied except with the approval of two-thirds (2/3) in assessed value, as shown by the last county assessment and the deed records in the office of the circuit clerk and ex officio recorder, of the owners of real property in the district. This approval may, however, be reflected by the petition referred to in § 14-217-105(a). Subject to such approval, nothing in this chapter shall be construed to limit the number of assessments that may be levied by a district.
(c) Any assessment of benefits imposed pursuant to this chapter, and any taxes collected thereon, may be pledged to secure the payment of assessment-secured bonds issued under this chapter or used to accomplish any of the purposes authorized by this chapter, including without limitation the operation and maintenance of any consolidated utility system.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-92-201. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Last federal census” means the most recent federal census taken prior to the filing of any petition as provided in this subchapter for the formation of any suburban improvement district;
(2) “Majority in value” means a majority in assessed value as shown by the latest county assessment records for general taxes;
(3) “Land” or “real property” means all property subject to taxation for the purposes of this subchapter;
(4) “County court,” “county judge,” or “county clerk” means “circuit court,” “circuit judge,” or “circuit clerk” in the cases where the district contains lands in more than one (1) county;
(5) “Nearby municipalities” means municipalities within ten (10) miles of any boundary of the district.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-92-201
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 14-92-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-92-203. Penalty.
(a) It shall not be lawful for the board of commissioners of any suburban improvement district or any officer, member, or agent thereof to appropriate or use any money arising from the sale of any bonds authorized to be issued under this subchapter to any use or purpose whatever other than is specified and expressly directed.
(b) And any officer, member, or agent of the board of a district who shall violate any of the provisions of this subchapter as prescribed in this section shall be deemed guilty of a felony and, upon conviction shall be punished by imprisonment in the penitentiary for not less than one (1) year nor more than five (5) years.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-92-203
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 14-92-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-92-208. Interest of commissioners in purchase, acquisition, or donation.
(a) No commissioners, nor the board of commissioners of a suburban improvement district, shall be financially interested, directly or indirectly, in any firm, corporation, or association from which any property, services, materials, or facilities are purchased, acquired, or received by donation for the district, unless it is first submitted to, and approved by, the court having original jurisdiction under which the district was organized; nor shall any commissioners, or the board, enter into any contract with, or accept a donation of property or facilities from, any person with whom they are, directly or indirectly, engaged in business, without court approval as prescribed.
(b)(1) The court may not act upon such matters until after twenty (20) days from the date of first publication of the notice.
(2)(A) The clerk of the court shall give notice of the hearing by publication once each week for two (2) successive weeks.
(B) The notice shall be commenced the week following the date upon which application is made to the court.
(c) In the event any prohibited transaction shall occur or shall have occurred without court approval as prescribed, then, by action commenced in the circuit court in the county in which the larger portion of land within the district is located, any property owner within the district shall have the right, within one (1) year from the date thereof, to require that the purchase, acquisition, or donation be rescinded. Each commissioner participating in the action shall be subject to removal from office as provided in this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-92-208
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 14-92-208. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-92-210. Powers of board generally.
In addition to, and not by way of limitation of the powers prescribed in § 14-92-220, the board of commissioners of a suburban improvement district shall have the powers to:
(1) Make and execute all contracts, leases, conveyances, and other instruments of the district;
(2) Join with any other political subdivision, municipality, district, or governmental agency, either state or federal, in the acquisition, construction, maintenance, operation, and financing of any of the facilities, works, or operations authorized by this subchapter or as to the performance of any of its functions;
(3) Establish rules and regulations for the transaction of the district's business and for the services, use, and right to use of its facilities or services, or both, or to effectuate any purpose of this subchapter;
(4) Do all things incidental or auxiliary to the exercise of the express powers granted by this subchapter; and
(5) Perform all actions useful to carry out the purposes of this subchapter, unlimited by any express provision of it.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-92-210
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 14-92-210. This identifies an authority to review, not proof of applicability.