Title 14, Local Government

A district created under this chapter shall continue in existence in perpetuity unless dissolved by ordinance of the governing body of the city. However, no district shall be dissolved at any time during which there shall be outstanding bonded indebtedness of the district unless …

(a) For the purpose of providing funds to pay preliminary expenses, to construct improvements according to the plan, or to pay for an improvement already completed, the district may borrow money in an amount not exceeding the estimated cost thereof, including interest on the mone…

(a) The bonds may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination, may be in such form and denomination, may have such date or dates, may be stated to ma…

(1) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to:(1) The maintenance of various funds and reserves;(2) The nature and extent of the security;(3) The iss…

(a) The authorizing resolution may provide for the execution by the district with a bank or trust company within or without the State of Arkansas of a trust indenture. (b) The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board …

It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds shall be obligations only of the district, and that in no event shall they constitute any indebtedness for which the faith and credit of the municipali…

(a) The bonds shall be sold at public sale on sealed bids. (b) Notice of the sale shall be published once a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (…

(a) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary of the board. (b) The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board. (c) In cas…

The principal of and interest on, and paying agent's fees in connection with, the bonds shall be secured by a lien on and pledge of, and shall be payable from, the assessments levied against the real property within the district.

Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes. The exemption shall include income, inheritance, and estate taxes.

No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this chapter unless he shall have acted with corrupt intent.

(a) In order to effectuate the plan of improvement and to maintain the improvements constructed thereunder, it may be desirable to provide additional funds for operation, maintenance, repairs, and replacements and to levy a supplemental annual assessment upon the property owners …

The county courts of the several counties in this state containing lands subject to overflow may divide the territory of their respective counties subject to overflow into one (1) or more districts, having reference to the locality of the land and the character of the river front…

(a) No district shall be formed unless notice of an intention to apply therefor is first given by posting written notices in three (3) public places in the limits of the proposed district at least ten (10) days before the formation of the district. (b) Notice may be given by any …

The court shall designate a number or name for each district, and the district shall be known and designated by number or name, thus: “Levee District No. , County , Levee District County.”

(a) If there is land in one (1) or more counties subject to overflow from the same crevasses or direction, and which can be protected by the same system of levees, the directors of the several levee districts of the one (1) or more counties may, by the consent of the county court…

(a) The court may lay off levee districts or change or alter the boundaries of existing levee districts at any regular term. (b) When an alteration or change in the boundary line of any existing levee district is desired and the new territory sought to be embraced in the alterati…

(a) At the term of the court at which the districts may be laid off, or at any future term, the court shall designate and fix a day of election for three (3) directors of levees and three (3) assessors of lands in each of the districts and shall appoint three (3) judges of electi…

Nonresident bondholders, as well as resident landowners, shall be allowed to vote at such elections and also have a vote in determining when work shall be done, as prescribed in § 14-123-301, and the nonresident bondholders may cast their votes either by themselves or by their ag…

(a) In all elections held within this state for the election of directors or commissioners of any levee district, the names of unopposed candidates shall not be printed on the ballot, and the election commissioners of the county shall certify as elected the person who qualifies f…

(a) The judges of the election shall:(1) Open the polls;(2) Appoint two (2) clerks of election;(3) Proceed to hold the election by ballot;(4) Keep the polls open until sundown of election day; and(5) Cause poll books to be kept and the name of each voter to be recorded with the n…

(a) If it is more than ten (10) days until a regular term of the court after the election is held, the judge of the county court shall hold a special term of the court within ten (10) days of the election, at which the returns shall be opened by the court and clerk, who shall con…

(a) All directors and assessors elected under the provisions of this act shall, before they enter upon the discharge of their duties, take and subscribe the oath required by Arkansas Constitution, Article 19, § 20. (b) They shall each hold their office for three (3) years and unt…

Should a vacancy occur in the board of directors or assessors during the term for which they are elected, the county court shall order an election to fill the vacancy, notice of which election shall be given by posting written or printed handbills in at least twenty (20) public p…

(1) The board of directors shall:(1) Have the exclusive control and supervision of the levees in their district; and(2) Make all necessary rules for their protection. (1) Have the exclusive control and supervision of the levees in their district; and (2) Make all necessary rules …

The board of directors shall keep a record of their proceedings as well as a record of all the meetings of the district and shall, at the annual meeting on the first Monday of May in each year, report to the electors of the district an itemized statement, under oath, of the recei…

(a) The board of directors shall at their annual meeting on the first Monday in May, or as soon thereafter as practicable, elect a treasurer for the levee district, whose term of office shall continue until the first Monday in the following May or until his successor is duly elec…

(a) The board of levee directors shall draw warrants on the treasurer of the district to pay for work done on the levees, which shall be paid by the treasurer in the order of presentation. (b) The board of levee directors shall:(1) Have charge of all the public levees in their di…

(a) It shall be the duty of the board of directors to determine what work is necessary to be done, or levees to be constructed, to protect their district from overflow. (b) They shall cause accurate surveys of all work deemed necessary by them and accurate estimates and calculati…

The ownership of timber located on the right-of-way of any levee district, embracing lands in four (4) or more counties, shall be vested in the board of directors of the district. The board may use, sell, or dispose of the timber as it deems best.

(a) The board of directors or commissioners of any levee district organized under general or special laws, which is or may be hereafter authorized to select depositories for the funds of the district, shall select the depositories at the time, in the manner, and for the term as i…

The rate of depository interest to be paid by the depositories selected in accordance with § 14-123-314 and by those depositories selected in accordance with existing laws shall be such as, in the opinion of the board of directors or commissioners, is consistent with the security…

(a) The directors and assessors shall each receive the sum of up to fifty dollars ($50.00) per day for attending meetings of the board and while actually and necessarily engaged in the performance of their duties under this act. (b) The directors shall be authorized to employ an …

(1) Assessors shall:(1) Assess the value of lands in the district subject to overflow and benefited by the work, having reference to the value of the land without the work, and the value thereof as benefited by work; and(2) Assess the value thereof as improved by the work in an a…

(a) The lands shall be entered upon the books in convenient subdivisions, as surveyed by the federal government, with appropriate columns showing the names and residences of owners of the land, and of any person holding recorded liens or encumbrances thereon, if known to the asse…

The board of directors shall then call a meeting of all the landholders of the district at some place convenient to some part of the work and shall give at least five (5) days' notice of the time and place of the meeting, by written or printed handbills put up in ten (10) public …

(a) At the landowners' meetings the reports and estimates of the engineers, the assessments of the assessors, and an estimate of the probable cost of the work shall be laid before the landowners present. If a majority of the landowners present, either in person or by proxy, shall…

If it shall be decided at the meeting, in the manner aforesaid, to do the work, the directors shall proceed to let the work out to the lowest and best bidder. However, the directors shall have the right to reject all bids if the bids shall be deemed too high.

The contractors shall give bond to the directors in a sum sufficient to secure the prompt execution of their contract, conditioned to pay any damages which shall result to the landholders of the district from a failure to perform their contracts or by reason of a negligent perfor…

The work shall be done by contractors, under the supervision of the board of directors or any engineers to be selected by them and, when completed, if performed according to the terms of their contract and the plans and specifications submitted to the meeting of landholders, shal…

(a) The board of assessors shall:(1) Make an assessment of the cost of the work upon the lands situated in the district benefited by the work and reported to the meeting of landholders upon the value of the lands as increased by the work; and(2) Also make a list of the lands as a…

(a) The assessments shall be a lien on all the lands of the district, in the nature of a mortgage, and shall bear interest at the rate of six percent (6%) per annum after thirty (30) days from the filing of the assessments in the county clerk's office, and until paid. (b) If at a…

(a) If, for any cause, any of the lands in any district now existing, or hereafter formed, has not been assessed or subjected to its proportional share of any work voted to be done, or to the annual tax provided in § 14-123-419, it shall be the duty of the assessors to at once ma…

(a) When the assessment list is delivered to the treasurer, he shall proceed immediately to collect the assessments. (b) If the assessments are not paid within thirty (30) days, a penalty of ten percent (10%) shall at once attach for the delinquency. The board of directors shall …

(a) In all suits brought by any levee district formed under the general statutes or under any special act of this state to enforce the collection of assessments, the levee district shall give notice of the pendency thereof as against all landowners, whether known or unknown, when…

(a) Notice of the pendency of the suit shall be given as against nonresidents of the county and unknown owners, respectively, when the suits may be pending, by publication weekly for four (4) weeks prior to the day of the term of court on which final judgment may be entered for t…