This text of Arkansas § 14-120-311 (Consolidation procedure) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)No levee district, drainage district, or levee and drainage district coming within the provision of this subchapter shall exercise any of their powers conferred by this subchapter or consolidate the construction, operation, and maintenance of the project for which the district was originally created with those of the flood control or drainage project assumed by it under the provision of subchapter 2 of this chapter, and amendments thereto, until:
(1)The board of directors of the district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the consolidation would be to the best interest of the district and the landowners thereof;
(2)A special meeting of the landowners and bondholders of the district s
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(a) No levee district, drainage district, or levee and drainage district coming within the provision of this subchapter shall exercise any of their powers conferred by this subchapter or consolidate the construction, operation, and maintenance of the project for which the district was originally created with those of the flood control or drainage project assumed by it under the provision of subchapter 2 of this chapter, and amendments thereto, until: (1) The board of directors of the district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the consolidation would be to the best interest of the district and the landowners thereof; (2) A special meeting of the landowners and bondholders of the district shall have been held at which the question of consolidation shall have been presented and for the purpose of hearing objections to the consolidation. (b) Notice of the hearing shall be given by the secretary of the district by publication of a notice for at least two (2) consecutive weekly insertions in a newspaper published and having a bona fide circulation in each county within the district. This notice shall state: (1) The time and place at which the board of directors shall meet for the purpose of hearing objections; (2) That the meeting shall be open to the public; and (3) That at such meeting any landowner or bondholder of the district may offer objection to the action of the board in adopting the resolution. (c) (1) At the time and place specified in the notice, the board of directors shall meet at the office of the district for the purpose of hearing the objections. (2) The district shall furnish a stenographer who shall take and transcribe all the testimony introduced before the board. (3) The board shall keep a true and perfect record of its proceedings at the meeting which shall be filed as a public record in the office of the district. (4) A copy of the record, certified by the secretary of the district, shall be competent evidence in all courts of this state. (5) After consideration of all objections, if any, the board of directors, by proper resolution duly adopted by two-thirds (2/3) of the members of the board of directors, shall declare its decision regarding consolidation of the district. (6) Any landowner or bondholder aggrieved by the decision of the board may have the findings reviewed by the circuit court of the county in which the district has its domicile. (7) The appeal shall be perfected in thirty (30) days. (8) The review shall be heard by the court on the evidence introduced before the board of directors at the meeting aforesaid, and no additional or different evidence shall be admissible. (9) Appeals to the Supreme Court from the decision of the circuit court shall be perfected in thirty (30) days.