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14-38-117. Effective date of incorporation required.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-38-117. Effective date of incorporation required.
(a)(1) The county court order of incorporation affecting territory under this chapter shall include the effective date upon which the petition for incorporation is granted and the municipality is considered organized.
(2) County court orders that fail to include a specified effective date in the order shall require using the date of the county clerk's file mark as the effective date for all purposes.
(b) The effective date specified in the order of incorporation issued under § 14-38-104 is the official effective date to be used by any county or state official charged with recording, forwarding, maintaining, or instituting the order of incorporation.
(c)(1) In the event of a circuit court challenge to the county court order of incorporation, the final order of the circuit court shall specify a change to the effective date, if any.
(2) In the absence of a specific attestation, the county court-ordered effective date is the effective date.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-38-117
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:14-38-117
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0cdb34d8852119d457b1cd7c77bff13cc22348655fd1b42d8a4a426ee75b197a
Source location: content.xml paragraph 8283
Stored source content
14-38-117. Effective date of incorporation required.
(a)(1) The county court order of incorporation affecting territory under this chapter shall include the effective date upon which the petition for incorporation is granted and the municipality is considered organized.
(2) County court orders that fail to include a specified effective date in the order shall require using the date of the county clerk's file mark as the effective date for all purposes.
(b) The effective date specified in the order of incorporation issued under § 14-38-104 is the official effective date to be used by any county or state official charged with recording, forwarding, maintaining, or instituting the order of incorporation.
(c)(1) In the event of a circuit court challenge to the county court order of incorporation, the final order of the circuit court shall specify a change to the effective date, if any.
(2) In the absence of a specific attestation, the county court-ordered effective date is the effective date.
Cross-references
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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. The source passage cites 14-38-104. This identifies an authority to review, not proof of applicability.