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14-92-209. Removal of commissioners — Vacancies.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-92-209. Removal of commissioners — Vacancies.
(a) A commissioner of a suburban improvement district established pursuant to this subchapter may be removed from office as follows:
(1) An owner of realty within the district may petition the county court to call a public hearing for the purpose of the removal of a commissioner named in the petition and the election of a successor;
(2) Upon determining that at least twenty-five percent (25%) of the number of owners of realty within the proposed district have signed the recall petition, the court shall call a public hearing on the matter and shall notify each owner of realty within the proposed district in the manner prescribed by § 14-92-204, except that the notice shall be mailed by first class mail;
(3) Upon the affirmative vote of a majority, but not less than twenty-five percent (25%) of all votes entitled to be cast, of all votes cast by owners in attendance, in person or by proxy, at the public meeting as recorded through the number voting “yea” and the number voting “nay”, a commissioner named in the recall petitions may be removed;
(4) The court shall at the meeting declare the commissioner removed and accept nominations for a successor commissioner;
(5)(A) The successor commissioner shall be nominated by a realty owner in attendance, in person or by proxy, at the public hearing.
(B) The nominee shall meet the qualifications required of the commissioner originally elected; and
(6) A successor commissioner shall be elected from among those so nominated at a subsequent public meeting called and held by the court in accordance with the provisions of § 14-92-204, except that any required notice shall be mailed by first class mail.
(b) A successor commissioner to fill a vacancy on the board of commis
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-92-209
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:14-92-209
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 08c58f5d539d6e79b3e64794f8266ec87a22186fd2cae4ca2a375dd9305c9344
Source location: content.xml paragraph 25354
Stored source content
14-92-209. Removal of commissioners — Vacancies.
(a) A commissioner of a suburban improvement district established pursuant to this subchapter may be removed from office as follows:
(1) An owner of realty within the district may petition the county court to call a public hearing for the purpose of the removal of a commissioner named in the petition and the election of a successor;
(2) Upon determining that at least twenty-five percent (25%) of the number of owners of realty within the proposed district have signed the recall petition, the court shall call a public hearing on the matter and shall notify each owner of realty within the proposed district in the manner prescribed by § 14-92-204, except that the notice shall be mailed by first class mail;
(3) Upon the affirmative vote of a majority, but not less than twenty-five percent (25%) of all votes entitled to be cast, of all votes cast by owners in attendance, in person or by proxy, at the public meeting as recorded through the number voting “yea” and the number voting “nay”, a commissioner named in the recall petitions may be removed;
(4) The court shall at the meeting declare the commissioner removed and accept nominations for a successor commissioner;
(5)(A) The successor commissioner shall be nominated by a realty owner in attendance, in person or by proxy, at the public hearing.
(B) The nominee shall meet the qualifications required of the commissioner originally elected; and
(6) A successor commissioner shall be elected from among those so nominated at a subsequent public meeting called and held by the court in accordance with the provisions of § 14-92-204, except that any required notice shall be mailed by first class mail.
(b) A successor commissioner to fill a vacancy on the board of commissioners due to any other reason than proceedings under subsection (a) of this section shall be nominated at a public hearing called by the county court within thirty (30) days of notification of the vacancy, and any required notice shall be mailed by first class mail. The successor commissioner shall be elected at a subsequent public hearing in the same manner as provided in subsection (a) of this section.
(c)(1) The provisions of subsection (a) of this section shall apply to a district in existence on March 16, 1981.
(2) A vacancy created by the recall of a commissioner shall be filled in the manner as provided in subsection (a) of this section.
(d)(1) The provisions of subsection (b) of this section shall apply to a district in existence on March 16, 1981, and which is an improvement district in any city or incorporated town in this state established for the purpose of providing water or sewer services for municipal purposes.
(2) Any other vacancy on the board of commissioners of any other district in existence on March 16, 1981, shall continue to be filled in the manner as provided by law prior to March 16, 1981.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-92-204. Hearing prior to filing petition to form district.
(a)(1)(A) Prior to filing the petition for formation of a district, each owner of realty within the boundaries of the proposed district shall be notified by certified letter of the intent of formation of the proposed district.
(B) The notice shall be accompanied by:
(i) A copy of the petition;
(ii) A list of those candidates nominated for commissioner;
(iii) Proxy materials for the use of those owners not able to attend the public meeting; and
(iv) The name and mailing address of the senior justice of the peace within the area encompassed by the proposed district.
(2) The notice shall indicate the date and location of a public meeting to be held not less than fifteen (15) days nor more than thirty (30) days prior to filing the petitions with the court.
(3) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the public hearing.
(4)(A) The notice shall also be published in a newspaper having general circulation within the counties where the proposed district is located.
(B) The publication shall be once a week for two (2) weeks prior to the public meeting, and the notice shall indicate the date and location of the public hearing.
(b)(1) The public hearing shall be held within the boundaries of the proposed district, unless public meeting facilities of sufficient size are not available, in which instance the meeting shall be held in the nearest public facility of sufficient size.
(2) The public hearing shall be chaired by the senior justice of the peace within the area encompassed by the proposed district or his appointee.
(3) The public hearing shall commence between the hours of 6:00 p.m. and 9:00 p.m.
(4)(A) The purpos
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-92-204
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 14-92-204. This identifies an authority to review, not proof of applicability.