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14-38-104. Order of incorporation — Transcript.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-38-104. Order of incorporation — Transcript.
(a) The county court shall make out and endorse on the petition an order to the effect that the city or incorporated town as named and described in the petition may be organized if the court shall be satisfied after hearing the petition that:
(1) The greater of either two hundred (200) or a majority of the qualified voters residing within the described territory have signed the petition;
(2) The limits have been accurately described and an accurate map or plat of the limits made and filed;
(3) The name proposed for the city or incorporated town is proper and sufficient to distinguish it from others of like kind in the state; and
(4) Moreover, that it shall be deemed right and proper in the judgment and discretion of the court that the petition shall be granted.
(b)(1) The order shall be signed and delivered by the court, together with the petition and the map or plat, to the recorder of the county, whose duty it shall be to record it as soon as possible in the proper book or records and to file and preserve in his or her office the original papers, having certified thereon that it has been properly recorded.
(2) It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record. The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate thereon that a similar transcript has been forwarded to the Secretary of State as provided by this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-38-104
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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Record provenance
Stable record: arkansas_code:legal_authorities:14-38-104
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ff55b97793f470c09edfa1fa269e33565f3e3958cc508cdc1df6ec8854e05177
Source location: content.xml paragraph 8109
Stored source content
14-38-104. Order of incorporation — Transcript.
(a) The county court shall make out and endorse on the petition an order to the effect that the city or incorporated town as named and described in the petition may be organized if the court shall be satisfied after hearing the petition that:
(1) The greater of either two hundred (200) or a majority of the qualified voters residing within the described territory have signed the petition;
(2) The limits have been accurately described and an accurate map or plat of the limits made and filed;
(3) The name proposed for the city or incorporated town is proper and sufficient to distinguish it from others of like kind in the state; and
(4) Moreover, that it shall be deemed right and proper in the judgment and discretion of the court that the petition shall be granted.
(b)(1) The order shall be signed and delivered by the court, together with the petition and the map or plat, to the recorder of the county, whose duty it shall be to record it as soon as possible in the proper book or records and to file and preserve in his or her office the original papers, having certified thereon that it has been properly recorded.
(2) It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record. The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate thereon that a similar transcript has been forwarded to the Secretary of State as provided by this section.
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