Municipal Annexation, Incorporation and Other Boundary Changes

MUNICIP S AL A L S E N A A G K U R E A «

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E R

T E A A T T S

C T IT A IE E S GR MAKE A

Revised May 2019

Table of Contents I. State Statutes ...... 4 C. Consolidation ...... 13 A. Incorporation ...... 4 A.C.A. § 14-40-1201. Petition for consolidation. . . . 13 A.C.A. § 14-40-1202. Special election called...... 13 B. Annexation ...... 4 In General ...... 4 A.C.A. § 14-40-1203. Election results...... 14 A.C.A. § 14–40–101. Map required with A.C.A. § 14-40-1204. Election; contest actions. . . . . 14 Geographic Information Systems Office upon A.C.A. § 14-40-1205. Effect on certain . . 14 annexation, consolidation, or detachment...... 4 A.C.A. § 14-40-1206 (Act 879 of 2017). Plot A.C.A. § 14–40–102 (Act 655 of 2017). Notice to requirement...... 15 Secretary of State upon municipal boundary change A.C.A. § 14-40-1207 (Act 879 of 2017). Special -- Definitions...... 4 election of council members or all officials. . . . 15 A.C.A. § 14-40-206. annexed with prior A.C.A. § 14-40-1208 (Act 879 of 2017). Termination of permit or approval in use...... 5 office...... 15 A.C.A. § 14-40-207. Building situated or to be situated A.C.A. § 14-40-1209. Municipal property...... 15 upon municipal boundary line--Option to choose A.C.A. § 14-40-1210. Municipal debts...... 15 municipal location...... 5 A.C.A. § 14-40-1211. Enforcement of debts; preferences. 16 A.C.A. § 14-40-208. Annexation of territory under A.C.A. § 14-40-1212 (Act 879 of 2017). Betterments municipal territorial ...... 6 and improvements...... 16 Election Method ...... 6 A.C.A. § 14-40-1213. Contracts...... 16 A.C.A. § 14-40-301. Construction...... 6 D. Detachment ...... 17 A.C.A. § 14-40-302. Authority—Exceptions...... 6 A.C.A. § 14-40-608. Right to detach certain after A.C.A. § 14-40-303. Annexation Ordinance—Election an annexation proceeding...... 17 Procedures (as amended by Act 219 of 2019) . . . . 6 Simultaneous Detachment And Annexation . . . 17 A.C.A. § 14-40-304. Judicial Review...... 8 A.C.A. § 14-40-2101. Simultaneous detachment and A.C.A. § 14–40–2201. Annexation and provision of annexation by two [2] ...... 17 scheduled services...... 8 A.C.A. § 14-40-2002. Annexation into Adjoining A.C.A. § 14–40–2202. Inhabitants of annexed area. . . 8 (as amended by Act 838 of 2019). . . . 18 Annexation of Lands in Adjoining County . . . . 9 A.C.A. § 14-40-2003. No Split or Island...... 19 A.C.A. § 14-40-401. Authority...... 9 A.C.A. § 14-40-2004. Hearing in Circuit Court; Appeal. . 19 Ordinance Method ...... 9 A.C.A. § 14-40-2005. Filing...... 20 A.C.A. § 14-40-501. Authority—Exceptions...... 9 A.C.A. § 14-40-2006. Provision of . . 20 A.C.A. § 14-40-502. Hearing—Notice...... 9 II. Sample Annexation Ordinances, A.C.A. § 14-40-503. Procedure for Annexation. . . . . 10 Petitions, Orders, Etc...... 21 A.C.A. § 14–40–504. Enclaves prohibited...... 10 A. Election Method ...... 21 Petition Method ...... 10 B. Surrounded Lands ...... 23 A.C.A. § 14-40-601. Application By Petition...... 10 C. Petition Method A.C.A. § 14-40-602. Hearing on Petition...... 10 (by majority of landowners) . . . . .24 A.C.A. § 14-40-603. Order for Annexation...... 10 D. 100% Petition Method ...... 27 A.C.A. § 14-40-604. Proceedings to Prevent Annexation. 11 E. Notice of Annexations and Services A.C.A. § 14-40-605. Confirmation of Annexation. . . . 11 Provided ...... 30 A.C.A. § 14-40-606. Rights and Privileges of New Inhabitants...... 11 III. 2019 Acts Affecting Annexation 31 A.C.A. § 14–40–609 (Act 567 of 2017). Annexation Act 838 of 2019 ...... 31 by one hundred percent (100%) petition...... 11 Act 219 of 2019 ...... 34

3 I. State Statutes (3) (A) Within fourteen (14) days of receipt of a summons, complaint, circuit court order, or court A. Incorporation concerning a municipal boundary change, A.C.A. § 14-38-101—108 and 14-38-114—116 each municipality shall notify in writing the Secre- provide the procedures for the incorporation of tary of State and the respective county clerk of each municipalities in Arkansas. county in which the territory is or may be affected. B. Annexation (B) Upon receipt of notice of a court chal- lenge, the county clerk shall provide written notice In General to the Secretary of State of a summons, complaint, A.C.A. § 14–40–101. Map required with Arkansas circuit court order, or court judgment that may Geographic Information Systems Office upon affect a municipal boundary change. annexation, consolidation, or detachment. (c) Absent notice of a court challenge, within Before an entity undertakes an annexation, thirty (30) days of receipt of a notice of a municipal consolidation, or detachment proceeding under boundary change, the Secretary of State shall for- this chapter, the entity shall coordinate with the ward appropriate notice and a copy of the appropri- Arkansas Geographic Information Systems Office ate records to the: for preparation of legal descriptions and digital (1) Arkansas Geographic Information Systems mapping for the relevant annexation, consolidation, Office; and detachment areas. (2) Arkansas State and Transportation A.C.A. § 14–40–102 (Act 655 of 2017). Notice Department; and to Secretary of State upon municipal boundary (3) Department of Finance and Administration. change -- Definitions. (d) Within thirty (30) days of receipt of notice of (a) As used in this section: a municipal boundary change from the Secretary of (1) (A) “Municipal boundary change” means an State, the Arkansas Geographic Information Systems incorporation, annexation, consolidation, detach- Office shall provide notice and the appropriate ment, surrender of charter, revocation of charter, or electronic records to the: municipal disincorporation under this subchapter, § (1) Division of the Arkansas Public Service 14-38-101 et seq., or § 14-39-101 et seq. Commission; (B) “Municipal boundary change” includes (2) Arkansas State Highway and Transportation court orders, amendments, and judicial corrections Department; and of boundaries or property descriptions; and (3) Department of Finance and Administration. (2) “” means a city of the (e) Within thirty (30) days of receipt of notice first class, a city of the second class, or an incorpo- from the Arkansas Geographic Information Systems rated . Office or the Secretary of State of a municipal (b) (1) Within forty-five (45) days of the effec- boundary change, the Arkansas Public Service tive date of any ordinance or resolution effecting a Commission shall file and preserve the appropri- municipal boundary change under this subchapter, ate records and shall notify the entities under the § 14-38-101 et seq., or § 14-39-101 et seq., the commission’s jurisdiction that have property in the city clerk shall provide written notice, along with municipality of the annexation. complete documentation, to the county clerk of each (f) The Secretary of State may prescribe docu- county in which the territory is affected. ments for providing appropriate notice and may (2) Within thirty (30) days of receipt from prescribe a mandatory form for providing sufficient a municipality, each respective county clerk shall notice. provide written notice to the Secretary of State of filings and records related to the municipal bound- ary 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.

4 A.C.A. § 14–40–102 (Act 653 of 2017). Effective A.C.A. § 14-40-206. Territory annexed with prior date of annexation, consolidation, or detachment county permit or approval in use. required. If a county had issued a permit or approval for [At this time there are two versions of A.C.A. § construction, operation, or development before 14-40-102 because of two similarly passed acts. The a municipal annexation proceeding begins for a numbering of these sections will change during the project in the area that the municipality intends to codification process.] annex, the municipality shall honor and give full (a) (1) An annexation, consolidation, or detach- effect to county permits and approvals on lands to ment action that affects territory under this chapter be annexed. shall include in its ordinance or resolution the A.C.A. § 14-40-207. Building situated or to be date upon which the annexation, consolidation, or situated upon municipal boundary line--Option detachment is considered final. to choose municipal location. (2) An ordinance or resolution that fails to (a) (1) A property owner who has a building that is include a specified effective date shall use the date currently situated upon the boundary line between of the municipal clerk or municipal recorder file two [2] municipalities may choose either one [1] mark or attestation, whichever is later in time, as the of the municipalities as the legal location of the effective date for all purposes. building. (b) (1) The date specified in the ordinance or (2) When the expansion of a building will resolution is the official effective date of the annexa- result in the expansion’s being situated upon the tion, consolidation, or detachment. boundary line between two [2] municipalities, the (2) An amendment to the ordinance or resolu- property owner of the building may choose either tion shall carry its own effective date or modification one [1] of the municipalities as the legal location of of the effective date. the building if the property owner has first obtained (3) An amendment that fails to include a speci- the necessary authorizations or permits for expan- fied effective date shall use the date of the municipal sion of the building from the municipality upon clerk or municipal recorder file mark or attestation, which the building is located before the expansion whichever is later in time, as the effective date of the or the municipality upon which the building expan- amendment for all purposes. sion will be located. (c) (1) If a municipality initiates an annexation, (b) (1) The property owner shall provide written consolidation, or detachment action under § notice to the governing body of both municipalities 14–40–204 or § 14–40–501, the effective date shall as to which municipality is chosen under subsection be specified. (a) of this section. (2) An ordinance or resolution that fails to (2) The written notice to the chosen municipal- include a specified effective date shall use the date ity shall include a request for annexation into the of the municipal clerk or municipal recorder file chosen municipality. mark or attestation, whichever is later in time, as the (c) The property upon which the building is effective date for all purposes. situated or will be situated after expansion and up (d) The effective date specified in an ordinance or to two [2] acres of the property owner’s property resolution issued under this chapter is the official ef- surrounding the building and expansion shall be fective date to be used by any county or state official annexed into the municipality chosen by the owner charged with recording, forwarding, maintaining, or under subsection (a) of this section. instituting the ordinance or resolution. (d) Within sixty [60] days of receipt of the writ- (e) (1) In the event of a circuit court challenge to a ten notice under subsection (b) of this section, the county court order approving a municipal boundary municipality chosen by the owner under subsection change under this chapter, the final order of the (a) of this section shall coordinate with the Arkansas circuit court shall specify a change to the effective Geographic Information Systems Office for prepara- date, if any. tion of legal descriptions and digital mapping for the (2) In the absence of a specific attestation, the relevant area. municipally designated effective date is the effective date.

5 A.C.A. § 14-40-208. Annexation of territory under (A) At the time of the adoption of the ordi- municipal territorial jurisdiction. nance, have a fair market value of lands used only (a) If a municipality states its intent by resolution for agricultural or horticultural purposes and the or ordinance to annex a specifically defined ter- highest and best use of the lands is for agricultural ritory, or portion of the territory, over which it is or horticultural purposes; exercising territorial jurisdiction under § 14-56-413, (B) Are lands upon which a new community the municipality shall initiate annexation proceed- is to be constructed with funds guaranteed, in whole ings within five [5] years of the stated intent. or in part, by the federal under Title (b) (1) During the five [5] years under subsection IV of the Housing and Urban Development Act of (a) of this section, the municipality may continue 1968 or under Title VII of the Housing and Urban to exercise its territorial jurisdiction under § 14-56- Development Act of 1970; 413, including the defined territory specified within (C) Are lands that do not include residents, its intent to annex. except as agreed upon by the and county (2) If the municipality does not initiate annexa- judge; or tion proceedings of the territory specified within its (D) Are lands that do not encompass the intent to annex within five [5] years of the effective entire width of public right-of-way or public date of the resolution or ordinance under subsection road easements within the lands sought to be an- (a) of this section, the municipality is prohibited nexed, except as agreed upon by the mayor and from again exercising territorial jurisdiction over county judge. the territory specified within its intent to annex for (2) Any person, firm, corporation, partnership the next five [5] years. or joint venturer desiring to come within this exclu- sion must have received from the Department of Election Method Housing and Urban Development a letter of pre- A.C.A. § 14-40-301. Construction. liminary commitment to fund the new community The provisions of this subchapter shall not be under one [1] of the federal acts. construed to give any municipality the authority to (3) If any lands are annexed which are being annex any portion of another city or incorporated used exclusively for agricultural purposes, the lands town. may continue to be used for such purposes so long A.C.A. § 14-40-302. Authority—Exceptions. as the owner desires, and the lands shall be assessed (a) By vote of two-thirds [2⁄3] of the total number as agricultural lands. of members making up its governing body, any (c) However, a municipality having a population municipality may adopt an ordinance to annex lands of less than one thousand [1,000] persons shall not contiguous to the municipality if the lands are any of annex in any one [1] calendar year contiguous lands the following: in excess of ten percent [10%] of the current (1) Platted and held for sale or use as municipal area of the municipality. lots; (d) (1) Whenever practicable, a city or incorpo- (2) Whether platted or not, if the lands are held rated town shall annex lands that are contiguous and to be sold as suburban property; in a manner that does not create enclaves. (3) When the lands furnish the abode for (2) As used in this section, “enclave” means an a densely settled community or represent the unincorporated improved or developed area that is actual growth of the municipality beyond its legal enclosed within and bounded on all sides by a single boundary; city or . (4) When the lands are needed for any proper A.C.A. § 14-40-303. Annexation Ordinance—Elec- municipal purposes such as for the extension of tion Procedures (as amended by Act 219 of 2019) needed regulation; or (a) The annexation ordinance shall: (5) When they are valuable by reason of their (1) Contain an accurate description of the adaptability for prospective municipal uses. lands desired to be annexed; (b) (1) Contiguous lands shall not be annexed if (2) Include a schedule of the services of the an- they: nexing municipality that will be extended to the area

6 within three [3] years after the date the annexation all qualified electors residing within that area shall becomes final; and not invalidate or otherwise affect the results of the (3) Fix the date for the annexation election election. under this section; and (C) All of the qualified electors residing (4) Be heard at three (3) consecutive regular within the territory to be annexed shall be entitled meetings of the governing body of the annexing to vote in the election. municipality. (D) The city clerk shall give notice of the (b) (1) The annexation ordinance shall not become election by publication by at least one [1] insertion effective until the question of annexation is submit- in some newspaper having a general circulation in ted to the qualified electors of the annexing mu- the city. nicipality and of the area to be annexed at the next (2) (A) The county clerk shall give notice of the general election or at a special election. The special voter registration deadlines at least forty (40) days election shall be called by ordinance or proclama- before the election by ordinary mail to those persons tion of the mayor of the annexing municipality in whose names and addresses are on the list provided accordance with § 7-11-201 et seq. by the city clerk. (2) (A) If a majority of the qualified electors (B) The county clerk shall prepare a list voting in the election vote for the annexation, no by precinct of all those qualified electors residing later than fifteen [15] days following the election, within the area to be annexed who are qualified the county clerk shall certify the election results and to vote in that precinct and furnish that list to the record the same, along with the description and a election officials at the time the ballot boxes are map of the annexed area, in the county records, and delivered. file a certified copy thereof with the Secretary of (3) If the county clerk or the county election State. commission shall fail to perform any duties required (B) The annexation shall be effective, and of it, then any interested party may apply for a writ the lands annexed shall be included within the of mandamus to require the performance of the corporate limits of the annexing municipality thirty duties. The failure of the county clerk or the county [30] days following the date of recording and filing election commission to perform the duties shall not of the description and map, as provided in this void the annexation election unless a court finds section, or in the event an action is filed with the that the failure to perform the duties substantially circuit court as provided in § 14-40-304, on the date prejudiced an interested party. the judgment of the court becomes final. (d) If the annexation is approved and becomes (3) If a majority of the qualified electors voting final, the governing body of the city shall, by ordi- on the issue at the election vote against the annexa- nance, as soon as practical after the annexation, at- tion, the annexation ordinance shall be null and tach and incorporate such annexed territory to and void. in one [1] or more wards of the city lying adjacent (c) (1) (A) The city clerk shall certify two [2] copies thereto, and the territory so assigned and attached to of the annexation ordinance and a plat or map of the a ward shall thereafter be considered and become a area to be annexed and convey one [1] copy to the part thereof as fully as any other part of the city. county clerk and one [1] copy to the county elec- (e) From the map or plat provided by city ordi- tion commission at least sixty [60] days before the nance of the wards assigned, the county clerk shall election. proceed to ascertain and determine the voters’ (B) (i) No later than forty-five (45) days proper precinct and shall enter the same upon the prior to the election, the city shall identify all voter registration records of those inhabitants of the persons who reside within the area proposed to be territory so annexed and give notice of that change annexed, and the county clerk shall assist the city in within thirty [30] days after the adoption of the city determining the names and addresses of all qualified ordinance assigning the territory to wards. electors residing within that area. (f) (1) In the event that within thirty [30] days (ii) The failure to identify all persons of the date that one [1] city calls for an annexation residing within the area proposed to be annexed or election, another city calls for an annexation elec- the failure to determine the names and addresses of tion on all or part of the same land proposed to

7 be annexed by the first city, then both annexation land is annexed to the other city, but such land shall elections shall be held, provided that the second city remain part of the county if it is not so contiguous. must call for its annexation election to be held on A.C.A. § 14-40-304. Judicial Review. the next available date in accordance with § 7-11- (a) If it is alleged that the area proposed to be 201 et seq. before or after the holding of the first annexed does not conform to the requirements and city’s election. standards prescribed in § 14-40-302, a legal action (2) (A) If the annexation election held first may be filed in the circuit court of the county where is approved by the voters, the results of it shall be the lands lie, within thirty [30] days after the elec- stayed until the second annexation election is held. tion, to nullify the election and to prohibit further (B) (i) If only one [1] of the annexation proceedings pursuant to the election. elections is approved by the voters, then the city that (b) In any such action filed in the circuit court of called that election shall proceed with the annexa- the county where the lands lie, the court shall have tion of the land. jurisdiction and the authority to determine whether (ii)(a) Except as provided in subdivi- the procedures outlined in this subchapter have sions (f)(2)(B)(ii)(b) and (c) of this section, if both been complied with and whether the municipality annexation elections are approved by the voters, has used the proper standards outlined in § 14-40- then a third election shall be held three [3] weeks 302 in determining the lands to be annexed. after the second annexation election. The provisions A.C.A. § 14–40–2201. Annexation and provision of § 7-11-201 et seq., governing the procedures and of scheduled services. dates on which special elections may be held shall (a) (1) Beginning 1, 2014, and each succes- not apply to the third annexation election provided sive year thereafter, the mayor or city manager of in this subsection. a city or incorporated town shall file annually with (b) If the date of the third election falls upon a the city clerk or recorder, town recorder, and county legal holiday, the election shall be held four [4] clerk a written notice describing any annexation weeks after the second annexation election. elections that have become final in the previous (c) If the date of the election under eight [8] years. (f)(2)(B)(ii)(b) of this section is a legal holiday, the (2) The written notice shall include: election shall be held five [5] weeks after the second (A) The schedule of services to be provided annexation election. to the inhabitants of the annexed portion of the city; (iii) Notice of the third election shall be and published in a newspaper circulated in the area to (B) A statement as to whether the scheduled be annexed during the period following the second services have been provided to the inhabitants of the election. annexed portions of the city. (iv) Only the residents of the area (b) If the scheduled services have not been pro- proposed to be annexed by both cities shall vote in vided to the new inhabitants within three [3] years the third election. after the date the annexation becomes final, the (v) The issue on the ballot in the third written notice reporting the status of the extension election shall be into which of the two [2] cities the of scheduled services shall include a statement of the residents of the area want to be annexed. rights of inhabitants to seek detachment. (vi) The area shall be annexed into the (c) A city or incorporated town shall not proceed city receiving the most votes in the third election. with annexation elections if there are pending (vii) In the event of a tie vote in the scheduled services that have not been provided in third election, the area shall be annexed to the city three [3] years as prescribed by law. that had the highest percentage vote in favor of the A.C.A. § 14–40–2202. Inhabitants of annexed annexation in the first or second election. area. (3) If the city that does not get to annex the (a) In all annexations under § 14–40–303 and in area voted on by both cities included land in its accordance with § 14–40–606, after the territory annexation election other than the land voted on by declared annexed is considered part of a city or both cities, then that land shall be annexed into such city if it is still contiguous to such city after the other

8 incorporated town, the inhabitants residing in the Ordinance Method annexed portion shall: A.C.A. § 14-40-501. Authority—Exceptions. (1) Have all the rights and privileges of the (a) (1) (A) (i) Whenever the incorporated limits inhabitants of the annexing city or incorporated of a municipality have completely surrounded an town; and , the governing body of the (2) (A) Be extended the scheduled services municipality may propose an ordinance calling within three [3] years after the date the annexation for the annexation of the land surrounded by the becomes final. municipality. (B) The mayor of the municipality shall file (ii) Subdivision (a)(1)(A)(i) of this a report with the city clerk or recorder, town record- section includes situations in which the incorpo- er, and county clerk of the extension of scheduled rated limits of a municipality have surrounded an services. unincorporated area on only three [3] sides because (b) If the scheduled services have not been ex- the fourth side is a boundary line with another state, tended to the area and property boundaries of the a military base, a state park, a national forest, a lake, new inhabitants within three [3] years after the date or a river. annexation becomes final, the written notice report- (B) If the incorporated limits of two [2] or ing the status of the extension of scheduled services more municipalities have completely surrounded shall: an unincorporated area, the governing body of the (1) Include a written plan for completing the municipality with the greater distance of extension of services and estimated date of comple- adjoining the unincorporated area’s perimeter may tion; and propose an ordinance calling for the annexation of (2) Include a statement of the rights of inhabit- the land surrounded by the municipalities, unless it ants to seek detachment. is agreed by the adjoining municipalities that an- (c) A city or incorporated town shall not proceed other of the adjoining municipalities should propose with any additional annexation elections if there an ordinance calling for the annexation. are pending scheduled services that have not been (2) The ordinance will provide a legal descrip- extended as required under this subchapter. tion of the land to be annexed and describe gener- Annexation of Lands in Adjoining County ally the services to be extended to the area to be annexed. A.C.A. § 14-40-401. Authority. (b) (1) The unincorporated area to be annexed (a) The General Assembly finds that there are shall comply with the standards for lands qualifying areas within adjoining that are so necessary for annexation which are set forth in § 14-40-302. to the satisfactory conducting of a city’s business (2) Privately owned lakes exceeding six [6] that there is a need to annex land lying in the acres of water surface which are used exclusively for adjoining county into the city. This law will aid the recreational purposes and lands adjacent to them residents to receive needed services to improve the not exceeding twenty [20] acres in size which are quality of life in the unincorporated area. used exclusively for recreational purposes in relation (b) Any lands contiguous to a municipality having to the lake shall not qualify for annexation under the a population of seventy-five thousand (75,000) or provisions of this subchapter. less, although located in an adjoining county, may A.C.A. § 14-40-502. Hearing—Notice. become annexed to the municipality in the manner (a) A public hearing shall be conducted within provided in this chapter. sixty [60] days of the proposal of the ordinance calling for annexation. (b) At least fifteen [15] days prior to the date of the public hearing, the governing body of the munici- pality shall publish a legal notice setting out the legal description of the territory proposed to be annexed and notify by certified mail all the property owners within the area proposed to be annexed of their

9 right to appear at the public hearing to present their Petition Method views on the proposed annexation. A.C.A. § 14-40-601. Application By Petition. A.C.A. § 14-40-503. Procedure for Annexation. (a) When a majority of the real estate owners of (a) (1) (A) Except as provided in subdivision (a)(1) any part of a county contiguous to and adjoining (B) of this section, at the next regularly scheduled any city or incorporated town desires to be annexed meeting following the public hearing, the governing to the city or town, they may apply by attested body of the municipality proposing annexation may petition in writing to the county court of the county bring the proposed ordinance up for a vote. in which the city or town is situated shall name the (B) An ordinance shall not be enacted persons authorized to act on behalf of the petition- within fifty one (51) days of a scheduled election to ers, and may include a schedule of services of the consider annexing all or part of the area in question. annexing municipality that will be extended to the (2) If a majority of the total number of mem- area within three [3] years after the date the annexa- bers of the governing body vote for the proposed tion becomes final. annexation ordinance, then a prima facie case for (b) The “majority of real estate owners” referred to annexation shall be established, and the city shall in this section means a majority of the total number proceed to render services to the annexed area. of real estate owners in the area affected if the (b) The decision of the municipal council shall majority of the total number of owners own more be final unless suit is brought in circuit court of than one-half ( ½ ) of the acreage affected. the appropriate county within thirty [30] days after A.C.A. § 14-40-602. Hearing on Petition. passage to review the actions of the governing body. (a) (1) When the petition shall be presented to the A.C.A. § 14–40–504. Enclaves prohibited. county court, the clerk shall file it, and the court (a) As used in this section, “enclave” means an shall set a date for a hearing on the petition. unincorporated improved or developed area that is (2) The date for the hearing shall not be less enclosed within and bounded on all sides by a single than thirty [30] days after the filing of the petition. city or incorporated town. (b) (1) (A) Between the time of the filing of the (b) Whenever practicable, a city or incorporated petition and the date of the hearing, the petitioners town shall annex lands that are contiguous and in a shall cause a notice to be published in some newspa- manner that does not create enclaves. per of general circulation in the county. (B) The notice shall be published one [1] time a week for three [3] consecutive weeks. (2) If there is no newspaper of general circula- tion in the county, notice shall be posted at some public place within the limits of the incorporated town or city for at least three [3] weeks before the date of the hearing. (3) The notice referred to in this subsection shall contain the substance of the petition and state the time and place appointed for the hearing thereof. (c) The hearing procedure set forth in § 14-38-103 shall be followed in the proceedings concerned in this section insofar as such procedure is not in conflict with any provision expressly set out in this subchapter. A.C.A. § 14-40-603. Order for Annexation. (a) After the hearing, if the county court shall be satisfied that the allegations of the petition were sustained by the proof, if the court shall be satisfied that the requirements for signatures under § 14- 40-601 have been complied with and if the court

10 shall be satisfied that the limits of the territory to copy of the order of the court to the Director of the be annexed have been accurately described and an Tax Division of the Arkansas Public Service Com- accurate map thereof made and filed, and that the mission, who shall file and preserve them and shall prayer of the petitioner is right and proper, then the notify all utility companies having property in the court shall enter its order granting the petition and municipality of the annexation. annexing the territory. (2) The clerk shall forward a certified copy of (b) The order shall be recorded by the clerk of the the order of the court to the council. county. A.C.A. § 14-40-606. Rights and Privileges of New A.C.A. § 14-40-604. Proceedings to Prevent Inhabitants. Annexation. As soon as the resolution or ordinance declaring (a) (1) No further action shall be taken for a the annexation has been adopted or passed, the period of thirty [30] days after the order for annexa- territory shall be deemed and taken to be a part and tion has been entered. Within that time any person parcel of the limits of the city or incorporated town, interested may institute a proceeding in the circuit and the inhabitants residing therein shall have and court to have the annexation prevented. enjoy all the rights and privileges of the inhabitants (2) (A) If the court or judge hearing the pro- within the original limits of the city or incorporated ceeding shall be satisfied that the requirements for town. annexation as set out in this subchapter have not A.C.A. § 14–40–609 (Act 567 of 2017). Annexa- been complied with, that the territory proposed to tion by one hundred percent (100%) petition. be annexed is unreasonably large, or that the ter- (a) As used in this section, “city or town” means: ritory is not properly described, the court or judge (1) A city of the first class; shall make an order restraining any further action (2) A city of the second class; and under the order of the county court and annulling it. (3) An incorporated town. However, such proceeding shall not bar any subse- (b) (1) Individuals who own property in a county quent petition. that is contiguous to a city or town may petition (B) If the court or judge shall determine the governing body of the city or town to annex the that the order of the county court was proper, then property that is contiguous to the city or town. the order of the county court shall be affirmed, and (2) The petition under subdivision (b)(1) of the proceedings to prevent the annexation shall be this section shall: dismissed. (A) Be in writing; (b) When any complaint shall be made in accor- (B) Contain an attestation signed before a dance with this section to prevent an annexation of notary or notaries by the property owner or owners territory, notice thereof shall be given to the city or of the relevant property or properties confirming the incorporated town authorities and the agent of the desire to be annexed; petitioners. (C) Contain an accurate description of the A.C.A. § 14-40-605. Confirmation of Annexation. relevant property or properties; (a) If no notice shall be given within thirty [30] (D) Contain a letter or title opinion from days from the making of the order of annexation a certified abstractor or title company verifying by the county court, the proceeding before the that the petitioners are all owners of record of the court shall in all things be confirmed, if the city or relevant property or properties; incorporated town council shall, by ordinance or (E) Contain a letter or verification from resolution, accept the territory. a certified surveyor or engineer verifying that the (b) (1) If the council accepts the territory, the relevant property or properties are contiguous with county clerk shall duly certify one [1] copy of the the annexing city or town and that no enclaves will plat of the annexed territory and one [1] copy of the be created if the property or properties are accepted order of the court and the resolution or ordinance of by the city or town; and the council. The clerk shall forward a copy of each (F) Include a schedule of services of the an- document to the Secretary of State, who shall file nexing city or town that will be extended to the area and preserve them. The clerk shall forward one [1] within three (3) years after the date the annexation copy of the plat of the annexed territory and one [1] becomes final. 11 (3) The petition shall be filed with the county (e) Upon receipt of the order of the county judge assessor and the county clerk, and within fifteen confirming the annexation, the county clerk shall (15) business days of the filing, the county assessor forward a copy of each document received under and the county clerk shall verify that the petition subdivision (D)(3) of this section to the: meets the requirements of subdivision (b)(2) of this (1) Secretary of State, who shall file and pre- section. serve each copy; and (c) (1) Upon completion of the requirements (2) Director of the Tax Division of the Arkan- under subsection (b) of this section, the county clerk sas Public Service Commission, who shall file and shall present the petition and records of the matter preserve each copy and notify all utility companies to the county judge who shall review the petition having property in the city or town of the annexa- and records for accuracy. tion proceedings. (2) Within fifteen (15) days of the receipt of the (f) (1) Notwithstanding any other provisions in petition and records, the county judge shall: this chapter, thirty (30) days after passage of the (A) Review the petition and records for ordinance or resolution by the governing body of completeness and accuracy; the city or town under this section, the annexation (B) Determine that no enclaves will be shall be final and the property shall be within the created by the annexation; corporate limits of the city or town. (C) Confirm that the petition contains a (2) The inhabitants residing in the newly schedule of services; annexed property shall have and enjoy all the rights (D) Issue an order articulating the findings and privileges of the inhabitants within the original under subdivisions (c)(2)(A)-(C) of this section and limits of the city or town. forward the petition and order to the contiguous (g) (1) During the thirty-day period under subdi- city or town; and vision (f)(1) of this section, a cause of action may be (E) Require at his or her discretion that the filed in the circuit court of the county of the annexa- city or town annex dedicated public and rights tion by a person asserting and having an ownership of way abutting or traversing the property to be right in the property objecting to the petition or by annexed. any person asserting a failure to comply with this (d) (1) (A) By ordinance or resolution, the city or section. town may grant the petition and accept the property (2) After the thirty-day period, an action under for annexation to the city or town. subdivision (g)(1) of this section is not timely. (B) The city or town is not required to grant the petition and accept the property petitioned to be annexed. (2) The ordinance or resolution shall contain an accurate description of the property to be annexed. (3) (A) If the governing body of the city or town accepts the contiguous property, the clerk or recorder of the city or town shall certify and send one (1) copy of the plat of the annexed property and one (1) copy of the ordinance or resolution of the governing body of the city or town to the county clerk. (B) (i) The county clerk shall forward a copy of each document received under subdivision (D)(3) (A) of this section to the county judge. (ii) If the county judge determines the requirements of this section have been complied with and the annexation is in all respects proper, the county judge shall enter an order confirming the annexation.

12 C. Consolidation with a certified copy of the ordinance, in the office of A.C.A. § 14-40-1201. Petition for consolidation. the county clerk of the county in which the munici- (a) (1) (A) Beginning July 1, 1995, when the pal corporations are situated. inhabitants of any city or incorporated town adjoin- A.C.A. § 14-40-1202. Special election called. ing or contiguous to another smaller municipal (a) (1) (A) Upon presentation of the petition to the corporation of any class in the same county shall county court by the authorized persons, the court desire that the city or incorporated town annex shall at once order and call a special election, to be to it or consolidate with it the smaller municipal held in accordance with § 7-11-201 et seq., in both corporation, they may apply, by a petition in writing of the municipal corporations on the question of the signed by a number of qualified electors from each annexation and the name of the proposed consoli- of the municipal corporations equal to not less than dated municipality. fifteen percent (15%) of the total vote cast for the (B) The court shall give thirty [30] days’ office of mayor in the respective city or town in the notice of the election by publication one [1] time a last preceding general election, to the city or town week in some newspaper with a bona fide circula- council of the larger municipal corporation. tion in the territory and by notices posted in con- (B) Municipal corporations separated by a spicuous places in the territory. river shall be deemed contiguous. (2) The court shall appoint one [1] judge and (2) The petition shall: one [1] clerk in each ward or other division of each (A) Describe the municipal corporations to municipal corporation, and the mayor and city be consolidated; and council of each of the municipal corporations shall (B) Name the persons authorized to act in select two [2] judges and one [1] clerk for each of behalf of the petitioners presenting the petition as the wards or other divisions having the qualifica- provided in this section. tions of electors, to act as judges and clerks of (3) (A) Beginning July 1, 1995, the petitions election within the respective wards. shall be filed with the city clerk or town recorder of (3) The court shall fix all polling places at each municipal corporation, who shall determine which the voting shall take place. the sufficiency of the petitions in each municipality. (b) (1) The election shall be held and conducted (B) (i) If any petition is determined insuffi- in each corporation in the manner prescribed by cient, he or she shall notify the petitioners in writing law for holding elections for cities or incorporated without delay, and the petitioners shall be permitted , so far as they are applicable. Election expens- ten [10] days from the notification to solicit addi- es are to be paid by the larger city or incorporated tional signatures or to prove any rejected signatures. town. (ii) If the city clerk or town recorder (2) (A) All elections held under this subchapter of the respective municipalities decides the peti- are made legal elections. tions are sufficient, he or she each shall notify the (B) (i) The elections shall be governed by petitioners in writing and shall present the petitions and subject to all the laws relating to general elec- to the city or town council of the larger municipal tions so far as applicable. corporation. (ii) All judges, clerks, and persons vot- (b) (1) (A) When the petition is presented to the ing in the elections shall be subject to the penalties council, the council shall pass an ordinance in favor prescribed by the general election laws of the state of the annexation and approving and ratifying the for any violation of the general election laws to the petition. same extent as though the elections were specifically (B) If the council fails to pass the ordinance included in the general election laws of the state. required under subdivision (b)(1)(A) of this sec- (3) The returns of the elections shall be made tion, then any interested party may apply for a writ to the court and the result thereof declared by the of mandamus to require the performance of the court. requirement. (c) In order to provide for an orderly transition of (2) In that event, it shall be the duty of the affairs if the petition calls for a delay in the imple- persons named in the petition authorized to act in mentation of the consolidation, the consolidation behalf of the petitioners to file the petition, together shall not take effect until the date specified in the 13 petition, except that the consolidation shall be de- (ii) The inhabitants thereof shall in layed not longer than eighteen [18] months from the all respects be citizens of the larger municipal date the election results are declared by the court. corporation. A.C.A. § 14-40-1203. Election results. (2) If a majority of the votes of either municipal (a) At any election held under this subchapter, all corporation shall be against annexation, then the qualified electors who are residents of either mu- city or incorporated town shall not be again permit- nicipality shall be allowed to vote on the adoption or ted to attempt the consolidation for two [2] years. rejection of the proposed annexation or consolida- A.C.A. § 14-40-1204. Election; contest actions. tion and the name of the proposed consolidated Any elector shall have the right to test the legality municipality. and fairness of the election and the declared results (b) (1) (A) (i) If a majority of the votes cast in each in a proceeding before the circuit court without of the respective municipalities, considered as a being required to give bond for costs. However, no separate and distinct unit and without reference such contest shall interfere with the consolidation to the vote cast in the other, shall be in favor of the until finally decided. consolidation or annexation, then the county court A.C.A. § 14-40-1205. Effect on certain shall declare, by an appropriate order, the annexa- municipalities. tion or consolidation consummated unless the (a) As soon as practicable after the annexation, petition has requested a delayed date for implemen- the council of the larger city or incorporated town tation of the consolidation. shall, by ordinance, form the territory of the smaller (ii) If the petition calls for a delay in municipality into such number of wards as shall the implementation of the consolidation and if a seem to be the best interest of the combined city majority of the votes cast in each of the respective or incorporated town, or shall change the number municipalities is in favor of the consolidation, then and boundaries of all the wards of the entire city the county court shall order the annexation or or incorporated town, or any part of them, as shall consolidation consummated on the date specified in seem to be to the best interests of the combined city the petition, except that the date shall not be more or incorporated town. In such way, however, the than eighteen (18) months after the date election wards shall have as nearly an equal population and results are declared by the court. assessed valuation of property as practicable and as, (B) (i) If a majority of the votes cast in each in the opinion of the council, would best subserve of the respective municipalities, considered as a the true interest of the citizens and taxpayers of the separate and distinct unit and without reference combined city or incorporated town. to the vote cast in the other, shall be in favor of the (b) The territory and inhabitants of the smaller same name of the municipality, then the county municipal corporation shall receive that fair and just court shall declare, by appropriate order, the name representation in the as the size, popula- of the consolidated municipality. tion, and assessed valuation of property demands, as (ii) If a majority of the votes cast in compared with the representation accorded to other each of the respective municipalities, considered as wards of the city or incorporated town. a separate and distinct unit and without reference (c) If inhabitants of the smaller municipal cor- to the vote cast in the other, shall not be in favor of poration feel aggrieved at the number of wards, the same name of the municipality, then the county or in any manner dissatisfied with the division of court shall declare, by appropriate order, the name the territory into wards, upon petition of fifty (50) of the consolidated municipality to be the name of qualified electors, the circuit court is authorized to the larger municipality. make changes in the number of wards as the justice (C) (i) Upon the making of the order, the of the case requires, in the manner provided in § smaller municipal corporation and the territory 14-43-311, so far as applicable. comprising it shall, in law, be deemed and be taken to be included and shall be a part of the larger municipal corporation.

14 A.C.A. § 14-40-1206 (Act 879 of 2017). Plot to be elected in the same manner and for the same requirement. term as council members are elected in cities and (a) The council of the larger city or incorporated incorporated towns. town shall cause a plat to be made of the entire city A.C.A. § 14-40-1208 (Act 879 of 2017). Termina- or incorporated town after the annexation thereto tion of office. and the division into wards of the smaller municipal (a) The term of office of all officers, council mem- corporation. bers, and employees of the smaller municipality and (b)(1) A certified copy of the plat shall be filed all laws in force therein shall cease upon and after and recorded in the office of the circuit court and ex the consolidation. officio recorder of the county and with the Secretary (b) (1) Any mayor who is forced from office of State. because of a merger of two [2] or more municipali- (2) (A) Thereafter, the plat shall stand, be, and ties under this subchapter is presumed to meet the remain the division of the city or incorporated town minimum service period under § 24-12-123. into wards, and the number and boundaries thereof, (2) If the mayor who is forced from office has until such time as it may be afterwards changed less than ten [10] years of actual service as mayor, according to law. then he or she is entitled to a prorated retirement (B) However, a change in the boundaries benefit that is equivalent to an amount that is equal of the wards of the larger city or incorporated town to the percentage of the mayor’s actual amount of shall not determine or affect the time of service of service divided by the minimum ten [10] years of any previously elected council member of any ward service required under § 24-12-123. in the larger city or incorporated town. A.C.A. § 14-40-1209. Municipal property. A.C.A. § 14-40-1207 (Act 879 of 2017). Special All public property of the smaller municipality election of council members or all city officials. shall belong to the consolidation city or incorpo- (a) (1) (A) Except as provided under subdivision rated town. (a)(1)(B) of this section, the city or town council A.C.A. § 14-40-1210. Municipal debts. shall call a special election of council members to (a) (1) The debts of each municipality owing be held at such times and places as the council may prior to or at the time of the consolidation shall direct pursuant to a proclamation issued by the be paid by the consolidated municipality by ap- mayor in accordance with § 7-11-101 et seq., in the propriating the revenues derived from year to year wards of the smaller municipality and for the elec- from the territory and the inhabitants of what was tion of council members from any other new wards formerly the larger municipality to the payment of that may be created by the council out of territory the debts of the larger municipality owing before the included in the larger city or incorporated town be- consolidation. fore the annexation, as provided in this subchapter. (2) In like manner, the debts of the smaller (B) If the petition calls for a citywide elec- municipality owing prior to and at the time of tion for all officials of the new consolidated city or the consolidation shall be paid by appropriating incorporated town, then the city or town council the revenues derived from what was formerly the shall call a special election pursuant to a proclama- smaller municipality in such manner as to do the tion issued by the mayor in accordance with § 7-11- least injustice to the inhabitants of each former mu- 101 et seq. for all city or town officials to be held at nicipality in the way of a decrease in the improving the times and places as the city or town council may or bettering of the territory as it formerly existed. direct throughout each ward of the consolidated city (b) In appropriating the revenues of either mu- or incorporated town. nicipality to pay its own debts existing prior to the (2) If the implementation of the consolidation consolidation, neither the territory nor inhabitants of the cities or towns is delayed, the special election of what was formerly the larger or smaller munici- for new council members to a city or town council pality shall be discriminated against in the distribu- or all city officials shall be held at least forty-five (45) tion of police protection, board of health service, days before the effective date of the consolidation. fire protection, public lighting, or other like public (b) Each ward of the consolidated city or incor- service. porated town shall have two [2] council members,

15 A.C.A. § 14-40-1211. Enforcement of debts; (1) At all times, to demand of the city or town preferences. council the benefit of the revenue collected from the (a) Creditors of either municipal corporation, on wards, as provided for in this section; and account of obligations made prior to consolidation, (2) On the refusal by the city or town council of shall not be paid sooner or shall not be permitted to the demand made under subdivision (b)(1) of this enforce the collection of their debts sooner against section, to enforce the revenue rights by mandamus the consolidated city or incorporated town than the or other appropriate proceedings. separate municipality prior to consolidation could (c) In the event the council members, or fifty have paid its own debts or could have been forced to [50] qualified electors of the territory annexed, feel do so. aggrieved in reference to the amount of revenue (b) In any proceeding in court, by mandamus or expended on the territory or as to the other rights otherwise, against a consolidated city or incorpo- guaranteed in this section to the annexed munici- rated town to enforce the obligations created by pality, they may submit the matter to the circuit either municipal corporation prior to consolidation, court, which is authorized by appropriate orders to no greater part of the revenue of the consolidated compel the consolidated city or incorporated town city or incorporated town shall be subject to be to give the former territory of the smaller municipal applied by the court at the instance of the creditor to corporation the full benefit of its revenue as pro- the payment of the obligations than could have been vided in this section. subjected against the revenues of the particular city A.C.A. § 14-40-1213. Contracts. or incorporated town creating the obligation prior No franchises, contracts, or other obligations to consolidation if the particular municipal corpora- of an extraordinary nature, or other than those tion having so created the obligation had not been necessary for the ordinary and usual running of the annexed. affairs of either municipal corporation, which have A.C.A. § 14-40-1212 (Act 879 of 2017). Better- been granted, made, or created by either municipal ments and improvements. corporation after the passage of an ordinance favor- (a) The wards formed out of the territory compris- ing annexation, and prior to the consummation of ing the former territory of the smaller municipal the annexation, shall be valid and binding against corporation annexed under the provisions of this the consolidated municipality, or any part thereof, in subchapter shall always receive betterments and the event that a consolidation is effected within sixty improvements in an amount equal to the amount of [60] days after passage of the ordinance, unless they revenue derived by the consolidated municipality shall be afterward ratified by the consolidated city or from the territory and inhabitants of the smaller incorporated town. municipal corporation, after having deducted the pro rata share of the territory of the running expenses necessary to be expended in maintaining the government of the entire city or incorporated town and after having taken into consideration the amount of revenues necessarily appropriated to pay the indebtedness due by the smaller municipality before consolidation, until the indebtedness is paid. In addition, those wards shall always receive their fair and equitable proportion of the police, board of health, fire protection, and lighting service of the larger city or incorporated town. They shall in all other ways receive fair and liberal treatment and their fair proportion of the expenditure of moneys by the larger city or incorporated town. (b) Council members representing the wards composing the territory of the smaller municipal corporation before consolidation have a right:

16 D. Detachment (B) The affidavit shall be filed along with a For procedures to detach territory from a mu- certified copy of the plat of the annexed land he or nicipality see §§ 14-40-1801—14-40-1803, which she desires to be detached and a copy of the order of provides for submission of the question to a vote of the county court approving the annexation and the the people and petition to the county court. Also, resolution or ordinance of the municipal governing §§ 14-40-1901—14-40-1903 provide that the city body accepting the annexation. council may by resolution provide for the detach- (c) If the municipal governing body approves ment from said city or town of any area which for the ordinance to detach the territory, the clerk or more than ten [10] years has not been recognized recorder of the municipality shall duly certify and by city officials and is deemed unsuitable for urban send one [1] copy of the plat of the detached terri- development and petition to the county court for tory, one [1] copy of the ordinance detaching the detachment of the designated area. After a hearing territory, and one [1] copy of the qualifying affidavit upon such petition by the county court, an order to the county clerk. may be issued excluding such territory from the (d) (1) The county clerk shall forward a copy of corporate limits. Special rules apply to regional each document to the Secretary of State, who shall airports, as Act 1420 of 1999 (§ 14-362-132) ex- file and preserve them. empts them from any rules, regulations, ordinances, (2) The county clerk shall forward one [1] copy or permit requirements of a municipality. Act 1420 of the plat of the detached territory and one [1] of 1999 also provides that the regional airport copy of the ordinance detaching the territory to the authority may elect to de-annex from a city or town Director of the Tax Division of the Arkansas Public after a municipality in which the airport property Service Commission, who shall file and preserve is located is annexed or consolidated with another them and shall notify all utility companies having municipality. In addition, individual landowners can property in the municipality of the detachment request that their property be detached through the proceedings. procedure set out in § 14-40-608. Simultaneous Detachment And Annexation A.C.A. § 14-40-608. Right to detach certain lands A.C.A. § 14-40-2101. Simultaneous detachment after an annexation proceeding. and annexation by two [2] cities. (a) Within three [3] years after an annexation (a) When the boundaries of two [2] municipalities proceeding is completed under the provisions of are contiguous to and adjoining one another, and this subchapter and the land remains the boundary one [1] municipality desires to detach and annex of the city or town, the person owning all lands territory in another municipality, then the governing originally annexed into the city or town may be body of the municipality desiring to detach and an- authorized to detach those annexed lands from the nex territory may propose an ordinance calling for city or town under the provisions of this section, the simultaneous detachment of the lands from the so long as the city or town has provided no utility one [1] municipality and the annexation of the lands services to those lands. into its municipal limits. The municipality desiring (b) (1) When a qualifying landowner notifies the to annex land in the adjoining city, after the passage municipality that he or she wishes to detach his or of the ordinance calling for detachment and annexa- her land from the city or town under this section, tion, shall send the ordinance to the governing body the governing body of the municipality may pass of the city or town in which the lands are located. an ordinance within thirty [30] days to detach the (b) (1) The ordinance will provide a legal descrip- annexed, qualifying land from the municipality. tion of the lands proposing to be detached and (2) (A) In order to notify the city or town, the annexed and describe generally the reasons for landowner shall file an affidavit with the city clerk or proposing the action. recorder stating that: (2) The governing body of the city or town in (i) His or her land was annexed; which the lands are located shall conduct a public (ii) His or her land is located inside the hearing within sixty [60] days of the proposal city or town along the municipal boundary; and of the ordinance calling for the detachment and (iii) He or she desires the annexed land annexation. to be detached from the municipality. 17 (3) At least fifteen [15] days prior to the date (2) However, before annexation is allowed, the of the public hearing, the governing body of the municipality in which the land is located shall have proposing municipality shall publish a legal notice an opportunity to provide the additional services. setting out the legal description of the territory (b) The following procedure shall apply: proposed to be detached and annexed. Municipal (1) The landowner or landowners shall file a officials of the proposing city or town, officials of statement with the municipality in which the land the city or town in which the lands are located, is located listing the additional municipal service or and property owners within the area proposed to services being sought and stating that: be detached and annexed may appear at the public (A) The municipality is not providing hearing to present their views on the proposal. services necessary to create improvements, provide (c) (1) At the next regularly scheduled meeting employment or additional employment, subdivide, following the public hearing, the governing body or otherwise maximize the use and value of the of the municipality in which the lands are located property; may bring the proposed ordinance up for a vote to (B) All the land in the request composes one concur in the detachment and annexation. [1] area that is contiguous to another municipality; (2) If a majority of the total number of mem- (C) The additional services are available in bers of the governing body vote for the proposed another municipality that the land subject detachment and annexation ordinance, then a prima to the request; and facie case for detachment and annexation shall be (D) (i) The municipality is requested to established, and the proposing municipality shall make a commitment to take substantial steps, proceed to render services to the newly annexed within ninety (90) days after the statement is filed, area. toward providing the additional services available (d) The decision of the municipal governing and within each thirty-day period thereafter to bodies shall be final unless suit is brought in the continue taking steps to demonstrate a consistent chancery court of the appropriate county within commitment to provide the service within a reason- thirty [30] days after passage of the ordinance to able time, as determined by the kind of services review the mutual actions of the governing bodies. requested. (e) (1) As soon as the ordinance proposing the (ii) The commitment shall be made in detachment and annexation is final, the territory writing to the landowner within thirty [30] calendar shall be deemed and taken to be a part and parcel days of the filing of the statement, or the landowner of the limits of the city or town annexing it, and the may seek to have the land detached from the mu- inhabitants residing therein shall have and enjoy all nicipality and annexed into the other municipality. the rights and privileges of the inhabitants within (iii) The landowner shall take ap- the original limits of the city or town. propriate steps to make the land accessible to the (2) The governing body of the annexing city or service and comply with reasonable requests of the town shall direct the municipal clerk or recorder to municipality that are necessary for the service to be duly certify one [1] copy of the plat of the annexed provided; territory and one [1] copy of the proposing ordi- (2) The landowner or landowners may request nance as adopted by both governing bodies to the the annexation of the land into the other municipal- county clerk. ity and thereby detach the land from the boundaries (3) The clerk shall forward a copy of each docu- of the municipality in which the land is currently ment to the Secretary of State, who shall file and located, if: preserve them. (A) The municipality in which the land is A.C.A. § 14-40-2002. Annexation into Adjoining located fails to execute a commitment to services Municipality (as amended by Act 838 of 2019). within thirty [30] days after the statement is filed; or (a) (1) A landowner or group of landowners (B) The municipality executes the commit- seeking additional municipal services may have its ment to services but fails to take the action required land detached from the municipality in which it is under subdivision (b)(1)(D) of this section; located and annexed into another municipality that (3) (A) The land shall be annexed into the other borders the land. municipality if, after a request by the landowner or

18 landowners, the governing body of the municipal- creating an island of that city within the boundaries ity into which annexation is sought indicates by of another city. ordinance, resolution, or motion its commitment to (b) Any detachment and annexation occurring make the services available and its approval of the that creates a split or island shall be void and all request for annexation. properties returned to their original municipality. (B) (i) The annexation shall be void and the A.C.A. § 14-40-2004. Hearing in Circuit Court; land shall be returned to the original municipality Appeal. if the annexing municipality fails to take substantial (a) (1) The circuit courts of the state shall have steps within ninety (90) days after the passage of exclusive jurisdiction to hear all matters related to the ordinance, resolution, or motion to make the this subchapter. services available and, within each thirty-day period (2) The circuit court of the county in which the thereafter, continues taking steps demonstrating municipalities are located or, in the event that the a consistent commitment to make the additional municipalities are located in different counties or service available within a reasonable time, as deter- judicial , the circuit court of the county or mined by the kind of services requested. judicial that has within the county’s or judi- (ii) The landowner must have taken cial district’s boundaries the smallest of the two [2] appropriate steps to make the land accessible to the municipalities in population according to the latest service and complied with the reasonable requests of federal decennial census, shall have exclusive juris- the municipality that are necessary for the service to diction to hear all matters related to this subchapter. be provided. (b) (1) (A) Upon petition of either affected munici- (iii) However, if the requested services pality, the landowner or group of landowners, or its are not available within one hundred eighty (180) representatives, the circuit judge shall hold a hearing days after the property is accepted by the annexing or series of hearings related to the provisions of this jurisdiction or substantial steps are not taken to subchapter. make the services available within this time period, (B) The municipalities, the landowner who then the detachment and annexation shall be void requested annexation, and a landowner who began and all property returned to its original jurisdiction; owning land after the annexation request are parties and to the hearing. (4) The land shall remain in the original (2) The circuit judge shall make findings as municipality until it is annexed into the other are necessary to determine whether there has been municipality. substantial compliance or noncompliance with the (c) Land annexed pursuant to this section shall not requirements of this subchapter. be eligible for reannexation under this section for a (c) The petition under subdivision (b)(1)of this period of two [2] years. section shall be filed no later than twenty [20] days, (d) This section shall apply to residential, com- after the adoption or rejection of the ordinance, mercial, industrial, and unimproved land. resolution or motion bringing the subject property (e) For the purposes of this section, “services” into the annexing jurisdiction. means electricity, water, sewer, fire protection, police (d) In the event an action is brought in circuit protection, drainage and storm water management, court by any party, the time period for the requested or any other offering by the municipality that mate- services to be available as provided in § 14-40- rially affects a landowner’s ability to develop, use, or 2002(b)(3)(B)(iii) shall be tolled until entry of a expand the uses of the landowner’s property. ruling by the circuit judge and the conclusion of any A.C.A. § 14-40-2003. No Split or Island. appeals from that court. (a) In no event shall the provisions of this sub- chapter allow a municipality to be split in half or to have any of its land separately encircled, thereby

19 A.C.A. § 14-40-2005. Filing. (a) All documents produced by landowners, municipalities, or others relating to detachment and annexation as enumerated in this subchapter shall be filed with the circuit clerk with copies served upon the municipality and landowners. (b) (1) The circuit clerk shall establish a system of filing for these matters upon action’s having been taken by a landowner or group of landowners pursuant to the provisions of this subchapter. (2) The circuit clerk’s file shall be considered the official record of all matters and proceedings under this subchapter. A.C.A. § 14-40-2006. Provision of municipal services. In a municipal services matter under this subchap- ter, if a city or incorporated town from which the inhabitants detached determines that the scheduled services are available or became available to the detaching inhabitants by the city or incorporated town to which the inhabitants were annexed into, the inhabitants shall automatically be detached and annexed back into the original city or incorporated town after the expiration of one hundred eighty (180) days following the date the schedule of ser- vices became available to the inhabitants and the inhabitants have not used the services.

20 II. Sample Annexation SECTION 3. If at such election a majority of the quali- fied electors voting in such election shall vote for such Ordinances, Petitions, Orders, Etc. annexation, the annexation shall be effective and the ter- A. Election Method ritory included within the corporate limits of the City to thirty [30] days following the County Clerk’s certification of the election results and recording of the same, along ORDINANCE NO. with the description and a map of the annexed area, in the AN ORDINANCE SUBMITTING county records, and filing a certified copy thereof with the TO THE VOTERS OF THE CITY OF Secretary of State; or in the event an action is filed with , the Circuit Court, on the date the judgment of said Court ARKANSAS, AND OTHER AF- becomes final. If a majority of the qualified electors voting FECTED PERSONS, THE QUES- on the issue at the election vote against the annexation, TION OF ANNEXATION TO SAID the annexation ordinance shall be null and void. CITY OF CERTAIN CONTIGUOUS SECTION 4. No later than forty-five (45) days prior to TERRITORY; AND DECLARING AN the election, the city shall identify all persons who reside EMERGENCY within the area proposed to be annexed, and the county clerk shall assist the city in determining the names and (Use at least one of the following addresses of all qualified electors residing within that applicable WHEREAS clauses.) area. WHEREAS, it appears to the City Council of the City of SECTION 5. The city clerk shall give notice of the election , Arkansas, that the annexation by publication by at least one [1] insertion in some news- of certain hereinafter described territory, contiguous to paper having a general circulation in the city. the City of , is necessary for the SECTION 6. If the annexation is approved and becomes orderly growth and development of the City; final, the governing body of the city shall, by ordinance, WHEREAS, the lands furnish the abode for a densely as soon as practical after the annexation, attach and incor- settled community or represent the actual growth of the porate such annexed territory to and in one [1] or more municipality beyond its legal boundary; wards of the city lying adjacent thereto, and the territory WHEREAS, the lands are platted and held for sale or use so assigned and attached to a ward shall thereafter be as municipal lots, or whether platted or not, the lands are considered and become a part thereof as fully as any other held to be sold as suburban property; part of the city. WHEREAS, the lands are needed for proper municipal SECTION 7. If the annexation is approved and becomes purposes; or final, the following services shall be extended to the area WHEREAS, the lands are valuable by reason of their within three [3] years: adaptability for prospective municipal uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY SERVICE DATE COUNCIL OF THE CITY OF , ARKANSAS: Police Protection ______SECTION 1. That there shall be submitted to the qualified Fire Protection ______electors of the City of and of the following described area, Solid Waste Collection ______the question of the annexation of the following described Public Street Maintenance ______territory to the City of : The schedule of services shall be included in the annual [insert legal description of area to be annexed] written report required by A.C.A. § 14-40-2201. A map depicting said annexation area is attached hereto as Exhibit A and made a part hereof. SECTION 8. The ballots used at said election on the ques- SECTION 2. The question of annexation of the territory tion of annexation shall be marked as follows: described above in Section 1 shall be submitted to the [ ] FOR annexation of the territory described electors qualified to vote on this issue at a special election in Ordinance No. . to be held on Tuesday, (month, day, year), in compli- [ ] AGAINST annexation of the territory described ance with A.C.A. § 7-11-205. Once this ordinance takes in Ordinance No. . effect, the City Clerk shall immediately notify the County SECTION 9. Notice. Within forty-five (45) days of the Election Commission and the County Clerk by forward- effective date of this ordinance the city clerk shall provide ing to each, a certified copy of this ordinance and the map written notice, along with complete documentation, to showing the area to be annexed. the county clerk of each county in which the territory is affected.

21 SECTION 10. This ordinance shall be read and heard at three (3) consecutive regular meetings of the governing body of the annexing municipality prior to enactment, as required by Arkansas Code Annotated section 14-40-303. SECTION 11. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health, safety, and welfare, as well as compliance with special election statutes, an emergency is hereby declared to exist and this ordinance shall be effective and in full force and effect from and after its passage and approval. PASSED: ATTEST: Clerk or Recorder APPROVED: Mayor

CERTIFICATE I, , City Clerk of the City of , hereby certify that this ordinance was duly passed and approved by a two-thirds vote of the total number of members the City Council of the City of , Arkansas, on the day of , 20 . Seal

City Clerk City of: Important: The provisions of A.C.A. § 14-40-2201 concerning the provision of services, reporting, and consequences of failing to provide the services within three years should be carefully reviewed and under- stood by city officials. For public safety reasons and statutory compliance, police and fire protection should be supplied at the time the annexation is final. State law also requires the city to maintain public streets (A.C.A. § 14-301-101) and establish solid waste collection and disposal (A.C.A. § 8-6-211). A new “three-reading” requirement was enacted by Act 219 of 2019, amending A.C.A. § 14-40-303(a). This change is reflected in Section 10 of the sample ordinance above.

22 B. Surrounded Lands

ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COM- PLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF ; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated sections 14-40- WHEREAS, a public hearing was held on (month, day, 501—14-40-503 provide that unincorporated islands of year), regarding this proposed annexation; and land that have been surrounded by the incorporated lim- WHEREAS, on (month, day, year), a legal notice was its of a municipality may be annexed by that municipality, published setting out the legal description of the territory including situations in which the unincorporated area is proposed to be annexed, and all property owners within surrounded on three sides by the municipal boundaries the area were notified by certified mail of their right to and on the fourth side by a state boundary, a military appear at the public hearing. base, a state park, a national forest, a lake or a river. NOW, THEREFORE, BE IT ORDAINED BY WHEREAS, the City of desires to annex THE CITY COUNCIL OF THE CITY OF , certain lands more completely described below; and ARKANSAS: WHEREAS, all necessary urban services, such as fire and SECTION 1. That the following described unincorpo- police protection, are to be extended to such area within a rated area which is completely surrounded by the city reasonable period of time; and limits of the City of [or, is surrounded on three sides by the WHEREAS, the area to be annexed complies with the city limits of the City of and on the fourth side by a mili- standards for lands qualifying for annexation which are tary base/state park/ national forest/lake/river] is hereby set forth in A.C.A. § 14-40-302 and A.C.A. § 14-40-501; annexed to the City of and (description of the area) WHEREAS, the council finds that the territory to be SECTION 2. All necessary urban services, such as police annexed is [describe how the territory is surrounded, and fire protection, solid waste collection and disposal, whether (1) surrounded by the incorporated limits of a and maintenance of public streets shall be extended to municipality or (2) on three sides by the municipal bound- such area within a reasonable time. aries and on the fourth side by a state boundary, a military SECTION 3. Notice. Within forty-five (45) days of the base, a state park, a national forest, a lake or a river]; effective date of this ordinance the city clerk shall provide ______; and written notice, along with complete documentation, to WHEREAS, the council further finds that the territory the county clerk of each county in which the territory is consists of lands that are: [describe how the lands meet one affected. or more of the following criteria]: SECTION 4. Because these areas are in need of all neces- (1) Platted and held for sale or use as municipal lots; sary urban services, such as police and fire protection, (2) Whether platted or not, if the lands are held to be and this is necessary for the public peace, health, safety sold as suburban property; and welfare, an emergency is declared to exist. Therefore, (3) When the lands furnish the abode for a densely this ordinance shall be in full force and effect from after settled community or represent the actual growth the date of the passage. of the municipality beyond its legal boundary; PASSED: (4) Needed for any proper municipal purposes such as ATTEST: for the extension of needed police regulation; or Clerk or Recorder (5) When they are valuable by reason of their adaptabil- APPROVED: ity for prospective municipal uses; and Mayor

23 C. Petition Method (by majority of landowners)

IN THE COUNTY COURT IN THE MAT- TER OF ANNEXING TO THE CITY OF , ARKANSAS, CERTAIN TERRITORY CONTIGUOUS TO THE SAID CITY OF , ARKANSAS. IN THE COUNTY COURT OF COUNTY, ARKANSAS IN THE MATTER OF PETITION ANNEXING TO THE CITY OF We, as property owners of the following , described area, do hereby petition the County ARKANSAS, CERTAIN TERRITORY Court of , CONTIGUOUS TO THE CITY OF Arkansas, to annex the following lands to the City of , ARKANSAS. , Arkansas. We further state that the petition is signed by a majority of the real estate own- ORDER ers owning more than one-half of the acreage in said On this the (month, day, year), is filed the petition of real area, and do further by our petition appoint (person or estate owners desiring the annexation of territory to the persons) to act on behalf of the petitioners in presenting City of , Arkansas, more par- this matter to the court. ticularly described therein, and this Court does hereby Description of the area to be annexed to the City of fix (month, day, year), as the date for hearing on said peti- , Arkansas: tion, and , the agent named by said petitioners, shall give (description of the area) notice of such hearing as provided by law, said hearing to be held in the office of the County Judge at a.m. [Optional:] The following services shall

be extended to the annexed area within County Judge three [3] years after the date the annexation becomes final: NOTICE Notice is hereby given that there has been filed in the County Court of , Arkansas, the petition of and others, asking for the annexation to the City of the following described lands situated in County, Arkansas, and contiguous to said city, to–wit: (description of territory) A plat of said land proposed for annexation is on file with Signature of Property Owner Signature of Attesting Witness said petition in the office of the Clerk of said Court, and the undersigned has been named by the petitioners as the Address person authorized to act for them.

The Court has fixed the day of at

Signature of Property Owner Signature of Attesting Witness o’clock as the date for a hearing on said petition, and all interested persons are now notified to be present

Address at said Court at the time and date so fixed. Given this (month, day, year).

Signature of Property Owner Signature of Attesting Witness

Address

24 IN THE COUNTY COURT OF COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF , ARKANSAS, CERTAIN TERRITORY CONTIGUOUS TO THE SAID CITY OF , ARKANSAS. DECREE OF ANNEXATION On this regular day of a regular term of the County Court of County, Arkansas, there The Court further finds that the territory sought to be is presented to the Court by, agent(s) of the peti- annexed was accurately described in said petition and tioners, a petition for annexation of certain territory, that said territory is contiguous to the boundaries of the hereinafter more particularly described, to the City of City of , Arkansas. , Arkansas, and the Court being The Court further finds that attached to and made a part fully advised of the facts and the law, does hereby find, of said petition is an accurate map of the territory sought judge and decree as follows: to be annexed to the City of . The Court finds that the petition was filed more than The Court further finds that the prayer of the petition is thirty [30] days prior to this date and that in said petition right and proper. the said was selected by Therefore, the Court hereby ORDERS, JUDGES and the petitioners to act on their behalf in filing and present- DECREES that the following described territory be and ing the petition. the same is hereby annexed to and made a part of the City The court further finds that notice of the hearing on this of , Arkansas, to-wit: matter was published one [1] time a week for three [3] consecutive weeks as required by A.C.A. § 14-40-602. (description of territory) The Court finds that a majority of the total number of The Court further orders that the orig- real estate owners in the area affected by this petition have inal papers in this cause be delivered to the Clerk signed said petition and that such majority owns more of County, Arkansas, same to be prop- than one-half of the acreage affected. erly recorded upon the records of The Court further finds that the territory consists of lands County, Arkansas, and the Clerk, after properly recording that [use one or more of the following criteria]: and filing the original papers, prepare transcripts of same; (1) Are platted and held for sale or use as municipal that one of the certified transcripts be delivered to the City lots; of , Arkansas, one copy to the (2) Whether platted or not, are held to be sold as sub- Secretary of State and one copy to the Director of the Tax urban property; Division of the Arkansas Public Service Commission. (3) Furnish the abode for a densely settled community or represent the actual growth of the municipality County Judge beyond its legal boundary; (4) Are needed for any proper municipal purposes such as for the extension of needed police regulation; or (5) Are valuable by reason of their adaptability for pro- spective municipal uses.

25 ORDINANCE NO. AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF , ARKANSAS, AND MAKING SAME A PART OF THE CITY OF , AND ASSIGNING SAME TO WARDS. SECTION 2. That the above described territory shall be WHEREAS, a petition was filed with the County Clerk annexed to and made a part of Ward of County, Arkansas, by the major- of the City of , and the same ity of the real estate owners of the hereinafter described shall henceforth be a part of said ward as fully as existing territory praying that said territory be annexed to, and parts of said ward. made a part of the City of , Arkansas; and, [To be used if the petition contained a schedule of ser- WHEREAS, on (month, day, year), the County Court vices]: SECTION 3. That the services listed in the sched- of , Arkansas, found that ule of services contained in the petition shall be extended the petition was signed by a majority of the real estate to the annexed area within three [3] years after the date owners in said territory; that said territory was contigu- the annexation becomes final. The scheduled services ous and adjoining the present corporate limits of the City contained in the petition are: of , Arkansas; that an accu- 1. rate plat or map of said territory had been filed with and 2. made a part of said petition; that proper notice had been 3. etc. given for the time and in the manner prescribed by law, and that all things pertaining thereto had been done in The schedule of services shall be included in the annual the manner prescribed by law, and that said lands and ter- written report required by A.C.A. § 14-40-2201 and § ritory should be annexed to and made a part of the City 14-40-2202. of , Arkansas, subject to the Passed and approved (month, day, year). acceptance of same by the City Council of said City at the SECTION 4. Notice. Within forty-five (45) days of the proper time, as provided by law; and effective date of this ordinance the city clerk shall provide WHEREAS, the time fixed by law for appealing from written notice, along with complete documentation, to said order of annexation made by the County Court has the county clerk of each county in which the territory is expired and no appeal has been taken from said order. affected. Now, therefore, be it ordained by the city council of the APPROVED: City of , Arkansas: Mayor SECTION 1. That the following described lands and ATTEST: territory contiguous and adjoining the City of Clerk or Recorder , Arkansas, be and the same is hereby accepted as part of and annexed to and made a part of the City of Important: The provisions of A.C.A. § 14-40-2201 . and 2202 concerning the provision of services, report- ing, and consequences of failing to provide the services (description of the area) within three years should be carefully reviewed and understood by city officials before passing an ordi- nance accepting a petition containing a schedule of services.

26 D. 100% Petition Method

PETITION FOR ANNEXATION IN THE MATTER OF ANNEXING TO DATE: THE [CITY/TOWN] OF , ARKANSAS CERTAIN TERRI- TORY CONTIGUOUS TO SAID [CITY/TOWN] OF , Signature of Property Owner Signature of Attesting Witness ARKANSAS Printed Name of Owner Printed Name of Witness Come now the undersigned petitioners, and state as fol- lows: Address 1. That we, owning 100% of the property in the follow- [repeat for additional property owners] ing described area, do hereby petition, pursuant to A.C.A. § 14-40-609, the [City/Town] Council of , Arkansas, to annex the following lands to the VERIFICATION [City/Town] of , Arkansas: I,______, County (Assessor or Clerk) of the 2. (Description of the area to be annexed) County of ______, Arkansas, with 3. We further state that this petition is signed before a respect to the annexation by one-hundred percent peti- notary by one hundred percent (100%) of the real tion filed by [petitioner name(s)] on [date], do hereby estate owners owning one hundred percent (100%) verify: of the acreage in said area and that the area to be 1. That the identity of the petitioner(s) as listed on the annexed does not contain property whose owners petition [is / is not] accurate. do not wish to have their property annexed. 2. That all property owners included in the petition 4. Accompanying this petition is a title opinion verify- [do/ do not] wish to have their property annexed. ing that the petitioners are all owners of record of 3. That the property or properties [are / are not] the relevant properties attached hereto as Exhibit A. contiguous with the city or town. 5. That said property described herein is contiguous 4. That an enclave(s) [will / will not] be created if the to and adjoining the present ______[City/Town] petition is accepted by the city or town. limits, and no enclaves will be created through this 5. That the petition [does / does not] contain a sched- annexation, as indicated by the surveyor’s letter ule of services. attached hereto as Exhibit B. COMMENTS: 6. That the following schedule of services shall be extended to the area by the [City/Town] of ______within three (3) years after the date the annexation becomes final: (Insert services that will be extended to the service area).

Signature of Property Owner Signature of Attesting Witness SIGNED: Printed Name of Owner Printed Name of Witness County Assessor or County Clerk DATE: Address Note: both the County Assessor and the County

Signature of Property Owner Signature of Attesting Witness Clerk must verify the listed items. The “comments” section may be used to provide additional information

Printed Name of Owner Printed Name of Witness if desired. This form is to be presented to the county judge within fifteen days of filing by the petitioners

Address with the County Assessor and County Clerk.

27 IN THE COUNTY COURT OF ______COUNTY, ARKAN- SAS IN THE MATTER OF ANNEX- ING TO THE CITY OF ______, ARKANSAS, CERTAIN TERRITORY CONTIGUOUS TO THE SAID CITY OF ______, ARKANSAS. ORDER CONCERNING ANNEXATION On this regular day of a regular term of the County Court of ______County, Arkansas, there is pre- sented to the Court by [name(s)] the petition of real estate owners desiring the annexation of territory to the [City or Town] of ______, Arkansas, more particularly described therein. The court has received the verifica- tion of the county assessor and county clerk required by A.C.A. § 14-40-609. This Court being fully advised of the facts and the law, does hereby find as follows: The Court finds that the petition and verifications are complete and accurate. The Court further finds that no enclaves will be created by the annexation. The Court finds that the petition contains a schedule of services. The Court further finds that the territory consists of lands that [use one or more of the following criteria]: 1. Are platted and held for sale or use as municipal lots; 2. Whether platted or not, are held to be sold as suburban property; 3. Furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; 4. Are needed for any proper municipal purposes such as the extension of needed police regulation; or 5. Are valuable by reason of their adaptability for prospective municipal uses. Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the [City or Town] of ______, Arkansas. Important: While the Vestal criteria codified in A.C.A. § 14-40-302 do not explicitly apply to petition- based annexations, the Arkansas Supreme Court held that the Vestal criteria “applies regardless of whether the annexation proceeding was initiated by the city or the by the adjoining landowners.” City of Jacksonville v. City of Sherwood, 375 Ark. 107, 110 (Ark. 2008).

28 ORDINANCE NO. NOW, THEREFORE, BE IT ORDAINED BY THE AN ORDINANCE ACCEPTING [CITY/TOWN] COUNCIL OF THE [CITY/TOWN] OF THE ANNEXATION OF CERTAIN ______, ARKANSAS: TERRITORY TO THE [CITY/TOWN] SECTION 1. That the following described territory, con- OF ______; APPROVING THE tiguous to the [City/Town] of ______, be and the same is SCHEDULE OF SERVICES TO BE hereby accepted as part of, and annexed to and made a EXTENDED TO SAID AREA; [AND part of the [City/Town] of ______, Arkansas: ASSIGNING SUCH TO WARDS] (Description of the area to be annexed) SECTION 2. That the following schedule of services shall WHEREAS, a petition was filed, pursuant to A.C.A. § be extended to the area by the [City/Town] of ______14-40-609, for the annexation of certain territory into the within the statutorily required three (3) year period after [City/Town] of ______, Arkansas; and the date the annexation becomes final, as follows: (Insert WHEREAS, the ______County Assessor and the ______services that will be extended to the service area). County Clerk have (A) Verified the identity of the [SECTION 3. That the above described territory shall be petitioner(s); (B) Verified that there are no property own- annexed to and made a part of Ward ___ of the City of ers included in the petition that do not wish to have their ______, and the same shall henceforth be a part of said property annexed; (C) Verified that the property or prop- ward as fully as existing parts of said ward]. Note: incor- erties are contiguous with the [City/Town] ; (D) Verified porated towns will omit this section. that no enclaves will be created if the petition is accepted SECTION 4. Thirty (30) days after passage and publica- by the [City/Town] ; and presented the petition and their tion or posting of this Ordinance as authorized by law, the respective verifications to the ______County Judge; and annexation shall be final and the property shall be within WHEREAS, the County Judge has (A) reviewed the peti- the corporate limits of the [city/town], except as other- tion and verifications for completeness and accuracy; (B) wise ordered by the Circuit Court pursuant to a cause of determined that no enclaves will be created by the annex- action filed within said thirty (30) day period. ation; (C) confirmed that the petition contains a schedule SECTION 5. Notice. Within forty-five (45) days of the of services; (D) found that the land to be annexed [specify effective date of this ordinance the city clerk shall provide criteria found by the judge, see Ark. Code Ann. section written notice, along with complete documentation, to 14-40-302(b)] and (E) issued an order articulating these the county clerk of each county in which the territory is findings and forwarded the petition and order to the affected. contiguous [City/Town] of ______for consideration; and WHEREAS, it is the desire of the [City/Town] Council PASSED AND APPROVED THIS DAY of that said territory be annexed. OF 20 .

29 E. Notice of Annexations and Services Provided

NOTICE DESCRIBING ANNEXA- TION ELECTIONS, PETITIONS AND SCHEDULES OF SERVICES FOR THE CITY [TOWN] OF

DATE: 1

This NOTICE DESCRIBING ANNEXATION ELECTIONS, PETITIONS AND SCHEDULE OF SERVICES has been prepared in compliance with Act 1502 of 2013, A.C.A. § 14-40-2201 and shall be filed with the city [or town] clerk [or recorder] and the Clerk of the County of______. The following annexation elections containing a schedule of services became final in the previous eight [8] years, resulting in the annexation of territory to the city of ______. A schedule of services, if applicable, and a state- ment concerning the provision of said services, is provided for each annexation or petition listed. 1. Annexation election held [date] ______(a) Schedule of Services: [Insert scheduled services] ______(b) Statement of Provision of Services:2 The services listed above have been provided to the inhabitants of the annexed portion of the city. OR The foregoing services have not been provided to the inhabitants of the annexed portion of the city. [If applicable, include the following:] The scheduled ser- vices have not been provided to the new inhabitants with- in three [3] years after the date the annexation became final. The inhabitants of the annexed territory have the right to seek detachment. A written plan for completing the extension of services is filed herewith. It is estimated that the extension of said services will be complete no later than [date] ______. 2. [Repeat above information for additional annexation elections, if any]

SIGNED: ______Mayor or City Manager DATE: ______

1 This Notice shall be filed by March 1, 2014, and each following year with City or Town Clerk or Recorder and the County Clerk. 2 A report should be filed at the time three [3] years have expired if services have not been extended by that time. 30 III. 2019 Acts Affecting Annexation Act 838 of 2019

Stricken language would be deleted from and underlined language would be added to present law. Act 838 of the Regular Session

1 State of Arkansas 2 92nd General Assembly A Bill 3 Regular Session, 2019 HOUSE BILL 1554 4 5 By: Representative Penzo 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING THE PROCEDURES FOR 9 ANNEXATION INTO AN ADJOINING MUNICIPALITY; AND FOR 10 OTHER PURPOSES. 11 12 13 Subtitle 14 TO AMEND THE LAW CONCERNING THE 15 PROCEDURES FOR ANNEXATION INTO AN 16 ADJOINING MUNICIPALITY. 17 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code § 14-40-2002(b), concerning annexation into 22 an adjoining municipality, is amended to read as follows: 23 (b) The following procedure shall apply: 24 (1) The landowner or landowners shall file a statement with the 25 municipality in which the land is located listing the additional municipal 26 service or services being sought and stating that: 27 (A) The municipality is not providing services necessary 28 to create improvements, provide employment or additional employment, 29 subdivide, or otherwise maximize the use and value of the property; 30 (B) All the land in the request must compose composes one 31 (1) area that is contiguous to another municipality; 32 (C) The additional services are available in another 33 municipality that borders the land subject to the request; and 34 (D)(i) The municipality is requested to make a commitment 35 to take substantial steps, within one hundred eighty (180) ninety (90) days 36 after the statement is filed, toward providing the additional services and,

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1 within each thirty-day period thereafter, to continue taking steps to 2 demonstrate a consistent commitment to provide the service within a 3 reasonable time, as determined by the kind of services requested. 4 (ii) The commitment must shall be made in writing to 5 the landowner within thirty (30) calendar days of the filing of the 6 statement, or the landowner may seek to have the land detached from the 7 municipality and annexed into the other municipality. 8 (iii) The landowner must shall take appropriate 9 steps to make the land accessible to the service and comply with reasonable 10 requests of the municipality that are necessary for the service to be 11 provided; 12 (2) The landowner or landowners may request the annexation of 13 the land into the other municipality and thereby detach the land from the 14 boundaries of the municipality in which the land is currently located if: 15 (A) The municipality in which the land is located fails to 16 execute a commitment to services within thirty (30) days after the statement 17 is filed; or 18 (B) The municipality executes the commitment to services 19 but fails to take the action required under subdivision (b)(1)(D) of this 20 section; 21 (3)(A) The land shall be annexed into the other municipality if, 22 after a request by the landowner or landowners, the governing body of the 23 municipality into which annexation is sought indicates by ordinance, 24 resolution, or motion its commitment to make the services available and its 25 approval of the request for annexation. 26 (B)(i) The annexation shall be void and the land shall be 27 returned to the original municipality if the annexing municipality fails to 28 take substantial steps within one hundred eighty (180) ninety (90) days after 29 the passage of the ordinance, resolution, or motion to make the services 30 available and, within each thirty-day period thereafter, continues taking 31 steps demonstrating a consistent commitment to make the additional service 32 available within a reasonable time, as determined by the kind of services 33 requested. 34 (ii) The landowner must shall have taken appropriate 35 steps to make the land accessible to the service and complied with the 36 reasonable requests of the municipality that are necessary for the service to

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1 be provided. 2 (iii) However, if the requested services are not 3 available within twelve (12) months one hundred eighty (180) days after the 4 property is accepted by the annexing jurisdiction or substantial steps are 5 not taken to make the services available within this time period, then the 6 detachment and annexation shall be void and all property returned to its 7 original jurisdiction; and 8 (4) The land shall remain in the original municipality until it 9 is annexed into the other municipality. 10 11 12 13 APPROVED: 4/10/19 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

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Act 219 of 2019

Stricken language would be deleted from and underlined language would be added to present law. Act 219 of the Regular Session

1 State of Arkansas As Engrossed: H2/5/19 2 92nd General Assembly A Bill 3 Regular Session, 2019 HOUSE BILL 1250 4 5 By: Representative D. Douglas 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE PROCEDURES FOR ANNEXATION OF 9 CONTIGUOUS LAND; AND FOR OTHER PURPOSES. 10 11 12 Subtitle 13 TO AMEND THE PROCEDURES FOR ANNEXATION OF 14 CONTIGUOUS LAND; AND FOR OTHER PURPOSES. 15 16 17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18 19 SECTION 1. Arkansas Code § 14-40-303(a), concerning annexation 20 ordinance, election, and procedures, is amended to read as follows: 21 (a) The annexation ordinance shall: 22 (1) Contain an accurate description of the lands desired to be 23 annexed; 24 (2) Include a schedule of the services of the annexing 25 municipality that will be extended to the area within three (3) years after 26 the date the annexation becomes final; and 27 (3) Fix the date for the annexation election provided in under 28 this section; and 29 (4) Be heard at three (3) consecutive regular meetings of the 30 governing body of the annexing municipality. 31 32 /s/D. Douglas 33 34 35 APPROVED: 2/27/19 36

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MUNICIP S AL A L S E N A A G K U R E A «

« G

E R

T E A A T T S

C T IT A IE E S GR MAKE A

Arkansas Municipal League P.O. Box 38 North Little Rock, AR 72115-0038

501-374-3484 www.arml.org

Municipal Annexation, Incorporation and Other Boundary Changes