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Home » US Law » 2020 Arkansas Code » Title 14 - Local Government » Subtitle 3 - Municipal Government » Chapter 38 - Incorporation and Organization of Municipalities

§ 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 […]

§ 14-38-103. Hearing on petition

(a) (1) Every incorporation hearing under this chapter shall be public and may be adjourned from time to time. (2) Any person interested may appear and contest the granting of the prayer of the petition, and affidavits in support of or against the petition, which may be prepared and submitted, shall be examined by the […]

§ 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 […]

§ 14-38-105. Completion of incorporation

(a) As soon as the record shall be made and the transcript certified, forwarded, and delivered, the inhabitants within the limits described in the petition shall be deemed a city or incorporated town, to be organized and governed under the provisions of this subtitle in like manner as if specially named therein. (b) As soon […]

§ 14-38-106. Complaint to prevent organization

(a) One (1) month shall elapse from the time the transcripts are forwarded and delivered before notice shall be given of an election of officers in the city or incorporated town. (b) At any time within the one (1) month, any person interested may make complaint in writing, in the nature of an application for […]

§ 14-38-107. Hearing on complaint — Annulment

(a) It shall be the duty of the court or judge to hear the complaint in a summary manner, receiving answers, affidavits, and proofs, as may be deemed pertinent. (b) If it shall appear to the satisfaction of the court or judge that the proposed city or incorporated town does not contain the requisite number […]

§ 14-38-108. First election of officers

(a) Unless the agent of the petitioners, within thirty (30) days after a transcript shall be delivered as provided in § 14-38-104, shall be notified of a complaint having been made to the circuit court of the county, or a judge thereof, then, at the end of the thirty (30) days after the dismissal of […]

§ 14-38-109. City or town lying in more than one county

(a) Every city and incorporated town presently lying in more than one (1) county and presently exercising the rights, privileges, and powers of a municipal corporation, de facto or de jure, and heretofore incorporated or attempted to have been incorporated under any special act of the General Assembly of the State of Arkansas, or in […]

§ 14-38-114. Preservation of papers

The Secretary of State shall receive and preserve in his or her office all papers transmitted to him or her in relation to the organization, incorporation, or annexation of territory to cities and towns.

§ 14-38-115. Alternative method of incorporation — Petition and election

(a) (1) In addition to the procedures for incorporating a city or town under §§ 14-38-101 — 14-38-108, the inhabitants of a part of any county not embraced within the limits of any city or incorporated town may apply to the county judge of the proper county to call for an election on the issue […]

§ 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 […]