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14-40-103. Notice to Secretary of State upon municipal boundary change — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-40-103. Notice to Secretary of State upon municipal boundary change — Definitions.
(a) As used in this section:
(1)(A) “Municipal boundary change” means an incorporation, annexation, consolidation, detachment, surrender of charter, revocation of charter, or municipal disincorporation under this subchapter, § 14-38-101 et seq., or § 14-39-101 et seq.
(B) “Municipal boundary change” includes court orders, amendments, and judicial corrections of boundaries or property descriptions; and
(2) “Municipality” means a city of the first class, a city of the second class, or an incorporated town.
(b)(1) Within forty-five (45) days of the effective date of any ordinance or resolution effecting a municipal boundary change under this subchapter, § 14-38-101 et seq., or § 14-39-101 et seq., the city clerk shall provide written notice, along with complete documentation, to the county clerk of each county in which the territory is affected.
(2) Within thirty (30) days of receipt from a municipality, each respective county clerk shall provide written notice to the Secretary of State of filings and records related to the municipal boundary change as required by statute or by the Secretary of State, to be kept by the county clerk, and shall provide those records with notice delivered to the Secretary of State.
(3)(A) Within fourteen (14) days of receipt of a summons, complaint, circuit court order, or court judgment concerning a municipal boundary change, each municipality shall notify in writing the Secretary of State and the respective county clerk of each county in which the territory is or may be affected.
(B) Upon receipt of notice of a court challenge, the county clerk shall provide written notice to the Secretary of State of a summons, complaint, circuit court ord
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-40-103
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:14-40-103
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8d3673ac5658ecd4985440003f4657fa6a2a155373c0fb9068c130bb8d39d1eb
Source location: content.xml paragraph 8473
Stored source content
14-40-103. Notice to Secretary of State upon municipal boundary change — Definitions.
(a) As used in this section:
(1)(A) “Municipal boundary change” means an incorporation, annexation, consolidation, detachment, surrender of charter, revocation of charter, or municipal disincorporation under this subchapter, § 14-38-101 et seq., or § 14-39-101 et seq.
(B) “Municipal boundary change” includes court orders, amendments, and judicial corrections of boundaries or property descriptions; and
(2) “Municipality” means a city of the first class, a city of the second class, or an incorporated town.
(b)(1) Within forty-five (45) days of the effective date of any ordinance or resolution effecting a municipal boundary change under this subchapter, § 14-38-101 et seq., or § 14-39-101 et seq., the city clerk shall provide written notice, along with complete documentation, to the county clerk of each county in which the territory is affected.
(2) Within thirty (30) days of receipt from a municipality, each respective county clerk shall provide written notice to the Secretary of State of filings and records related to the municipal boundary change as required by statute or by the Secretary of State, to be kept by the county clerk, and shall provide those records with notice delivered to the Secretary of State.
(3)(A) Within fourteen (14) days of receipt of a summons, complaint, circuit court order, or court judgment concerning a municipal boundary change, each municipality shall notify in writing the Secretary of State and the respective county clerk of each county in which the territory is or may be affected.
(B) Upon receipt of notice of a court challenge, the county clerk shall provide written notice to the Secretary of State of a summons, complaint, circuit court order, or court judgment that may affect a municipal boundary change.
(c) Absent notice of a court challenge, within thirty (30) days of receipt of a notice of a municipal boundary change, the Secretary of State shall forward appropriate notice and a copy of the appropriate records to the:
(1) Arkansas Geographic Information Systems Office;
(2) Tax Division of the Arkansas Public Service Commission;
(3) Arkansas Department of Transportation; and
(4) Department of Finance and Administration.
(d) Within thirty (30) days of receipt of notice of a municipal boundary change from the Secretary of State, the Arkansas Geographic Information Systems Office shall provide notice and the appropriate electronic records to the:
(1) Tax Division of the Arkansas Public Service Commission;
(2) Arkansas Department of Transportation; and
(3) Department of Finance and Administration.
(e) Within thirty (30) days of receipt of notice from the Arkansas Geographic Information Systems Office or the Secretary of State of a municipal boundary change, the Arkansas Public Service Commission shall file and preserve the appropriate records and shall notify the entities under the jurisdiction of the Arkansas Public Service Commission that have property in the municipality of the annexation.
(f) The Secretary of State may prescribe documents for providing appropriate notice and may prescribe a mandatory form for providing sufficient notice.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-38-101. Petition for incorporation.
(a)(1) When the inhabitants of a part of any county not embraced within the limits of any city or incorporated town shall desire to be organized into a city or incorporated town, they may apply, by a petition in writing, signed by the greater of either two hundred (200) or a majority of the qualified voters residing within the described territory, to the county court of the proper county.
(2) The petition shall:
(A) Describe the territory proposed to be embraced in the incorporated town and have annexed to it an accurate map or plat of the territory;
(B) State the name proposed for the incorporated town; and
(C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition.
(b)(1) Unless the governing body of the municipal corporation has affirmatively consented to the incorporation by written resolution or the area that seeks to be incorporated contains a population of one thousand five hundred (1,500) or more, the court shall not approve the incorporation of a municipality if any portion of the territory proposed to be embraced in the incorporated town lies within:
(A) Three (3) miles of an existing municipal corporation; or
(B) The area in which that existing municipal corporation is exercising its planning territorial jurisdiction.
(2) The planning territorial jurisdiction limitation shall not apply if the area proposed to be incorporated is land upon which a real estate development by a single developer, containing not less than four thousand (4,000) acres, has been or is being developed under a comprehensive plan for a community containing streets and other public services, parks, and other recreational facilities for common use by the residents of the community, churches, schoo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-38-101
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 14-38-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-39-101. Authority generally.
(a) The charters, and all the amendments thereto, of all municipal corporations within this state designated as cities of the second class and incorporated towns may be surrendered, all offices held thereunto abolished, and the territory and inhabitants thereof remanded to the government of this state in the manner provided in this chapter.
(b) Before a municipal corporation undertakes a surrender of charter under this chapter, the municipal corporation shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping of the relevant territory.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-39-101
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 14-39-101. This identifies an authority to review, not proof of applicability.