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14-94-106. Hearing on petition and determination.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-94-106. Hearing on petition and determination.
(a)(1)(A) Upon the filing of the petition with the clerk, it shall be the duty of the clerk to present the petition to the mayor.
(B) The petition shall be accompanied by a certificate from a title insurance company transacting business in the municipality:
(i) Stating that the signatures on the petition constitute all of the owners of real property to be located in the district; and
(ii) Identifying any mortgagee holding a first mortgage lien on real property constituting more than ten percent (10%) in area of the real property to be located in the district.
(2)(A) The mayor shall thereupon set a date and time, not more than sixty (60) days and not less than thirty (30) days after the date of the presentation of the petition to the mayor, for a hearing before the governing body for consideration of the petition.
(B) Notice of the hearing shall be sent by certified mail to any mortgagee holding a first mortgage lien on real property constituting more than ten percent (10%) in area of the real property to be located in the district.
(C) The notice of hearing under subdivision (a)(2)(B) of this section shall state that any existing mortgage shall be subordinated pursuant to this section and § 14-94-118(b) if the mortgagee fails to appear at the hearing and object to formation of the district.
(b)(1) At the hearing, it shall be the duty of the governing body to hear the petition and to ascertain whether those signing the petition constitute all the owners of the real property to be located in the district.
(2)(A) Except as provided in subdivision (b)(2)(B) of this section, if the governing body determines that all the owners of the real property to be located in the district have petitioned for the improve
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-94-106
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:14-94-106
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cd82122bbe9bea1813c913ba72166b2e2fa904595f3b0264df36b2975324341d
Source location: content.xml paragraph 26626
Stored source content
14-94-106. Hearing on petition and determination.
(a)(1)(A) Upon the filing of the petition with the clerk, it shall be the duty of the clerk to present the petition to the mayor.
(B) The petition shall be accompanied by a certificate from a title insurance company transacting business in the municipality:
(i) Stating that the signatures on the petition constitute all of the owners of real property to be located in the district; and
(ii) Identifying any mortgagee holding a first mortgage lien on real property constituting more than ten percent (10%) in area of the real property to be located in the district.
(2)(A) The mayor shall thereupon set a date and time, not more than sixty (60) days and not less than thirty (30) days after the date of the presentation of the petition to the mayor, for a hearing before the governing body for consideration of the petition.
(B) Notice of the hearing shall be sent by certified mail to any mortgagee holding a first mortgage lien on real property constituting more than ten percent (10%) in area of the real property to be located in the district.
(C) The notice of hearing under subdivision (a)(2)(B) of this section shall state that any existing mortgage shall be subordinated pursuant to this section and § 14-94-118(b) if the mortgagee fails to appear at the hearing and object to formation of the district.
(b)(1) At the hearing, it shall be the duty of the governing body to hear the petition and to ascertain whether those signing the petition constitute all the owners of the real property to be located in the district.
(2)(A) Except as provided in subdivision (b)(2)(B) of this section, if the governing body determines that all the owners of the real property to be located in the district have petitioned for the improvements, it shall then be its duty by ordinance to establish and lay off the district as defined in the petition and to appoint the commissioners as named in the petition if commissioners are named in the petition and are property owners in or creditors of the district, or as is otherwise provided from among such property owners or creditors.
(B) If at the hearing on the petition any mortgagee holding a first mortgage lien on real property constituting more than ten percent (10%) in area of the real property to be located within the district objects to the formation of the district, then the governing body shall reject the petition for creation of the district.
(3) The petition shall state the specific purposes for which the district is to be formed, and the ordinance establishing the district shall give it a name which shall be descriptive of the purpose. It shall also receive a number to prevent its being confused with other districts for similar purposes.
(c) The ordinance establishing the district shall be published within thirty (30) days after its adoption by one (1) insertion in some newspaper of general circulation in the municipality in which the district lies.
(d) The findings of the governing body shall be conclusive unless attacked by a suit in the circuit court of the county in which the municipality is located, brought within thirty (30) days after the publication.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-94-118. Levy of tax.
(a)(1) At the same time that the assessment of benefits is equalized or at any time thereafter, the board shall enter upon its records an order, which shall have all the force of a judgment, providing that there is levied upon the real property of the district a tax sufficient to pay the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies.
(2) The tax is to be paid by the real property owners in the district in the proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, as provided in the order.
(b) The tax so levied shall be a lien upon all the real property in the district from the time it is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whenever created, and shall continue until the assessment, with any penalty costs that may accrue thereon, shall have been paid. Provided, however, with the prior written approval of the board, the county clerk shall release from the lien for the assessment and tax any lot, block, or tract with respect to which the assessment and tax shall have been paid or prepaid.
(c)(1) Promptly after entry of an order levying the tax, the board shall publish at least one (1) time in some newspaper having general circulation in the municipality a notice setting forth the order of levy and warning all persons affected by it that the order shall become final unless suit is brought to contest the order within thirty (30) days of the date of first publication of the notice; and
(2) No property owner shall be barred from contest of the levy within the thirty-days' publication period.
(d)(1) The remedy against such levy of taxes shall be by suit in chancery.
(2) The suit must be brou
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-94-118
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 14-94-118. This identifies an authority to review, not proof of applicability.