reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 6 - ANNEXATION PROCEEDINGS BY ADJOINING LANDOWNERS (§§ 14-40-601 — 14-40-609) › Section 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 shall be satisfied that the limits of the territory to be annexed have been accurately described and an accurate map thereof made and filed, and that the prayer of the petitioner is right and proper, then the court shall enter its order granting the petition and annexing the territory.
(b)
The order shall be recorded by the clerk of the county.
Acts 1875, No. 1, § 80, p. 1; C. & M. Dig., § 7463; Pope's Dig., § 9496; Acts 1953, No. 142, § 2; A.S.A. 1947, § 19-302.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 6 - ANNEXATION PROCEEDINGS BY ADJOINING LANDOWNERS (§§ 14-40-601 — 14-40-609) › Section 14-40-604 - Proceedings to prevent annexation

(a)
(1)
No further action shall be taken for a period of thirty (30) days after the order for annexation has been entered. Within that time any person interested may institute a proceeding in the circuit court to have the annexation prevented.
(2)
(A)
If the court or judge hearing the proceeding shall be satisfied that the requirements for annexation as set out in this subchapter have not been complied with, that the territory proposed to be annexed is unreasonably large, or that the territory is not properly described, the court or judge shall make an order restraining any further action under the order of the county court and annulling it. However, the proceeding shall not bar any subsequent petition.
(B)
If the court or judge shall determine that the order of the county court was proper, then the order of the county court shall be affirmed, and the proceedings to prevent the annexation shall be dismissed.
(b)
When any complaint shall be made in accordance with this section to prevent an annexation of territory, notice thereof shall be given to the city or incorporated town authorities and the agent of the petitioners.
Acts 1875, No. 1, §§ 81, 82, p. 1; C. & M. Dig., §§ 7464, 7465; Pope's Dig., §§ 9497, 9498; Acts 1953, No. 142, § 3; 1959, No. 212, § 1; 1961, No. 474, § 1; A.S.A. 1947, §§ 19-303, 19-304.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 6 - ANNEXATION PROCEEDINGS BY ADJOINING LANDOWNERS (§§ 14-40-601 — 14-40-609) › Section 14-40-605 - Confirmation of annexation

(a)
If no notice under §
14-40-604(b)
is given within thirty (30) days from the making of the order of annexation by the county court, the proceeding before the court shall in all things be confirmed, if the city or incorporated town council shall accept by ordinance or resolution the territory.
(b)
(1)
(A)
If the council accepts the territory and notifies the county clerk of each county in which territory is affected, the county clerk shall certify one (1) copy of the plat of the annexed territory and one (1) copy of the order of the court and the resolution or ordinance of the council.
(B)
The county clerk shall forward a copy of each document to the Secretary of State, who shall file and preserve each copy.
(2)
The county clerk shall forward a certified copy of the order of the court to the council.
Amended by Act 2017, No. 655,§ 3, eff. 3/27/2017.
Acts 1875, No. 1, § 82, p. 1; C. & M. Dig., § 7466; Pope's Dig., § 9499; Acts 1959, No. 212, § 1; 1961, No. 474, § 1; A.S.A. 1947, § 19-305.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 6 - ANNEXATION PROCEEDINGS BY ADJOINING LANDOWNERS (§§ 14-40-601 — 14-40-609) › Section 14-40-606 - Rights and privileges of new inhabitants

As soon as the resolution or ordinance declaring the annexation has been adopted or passed, the territory shall be deemed and taken to be a part and parcel of the limits of the city or incorporated town, and the inhabitants residing therein shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city or incorporated town.
Acts 1875, No. 1, § 83, p. 1; C. & M. Dig., § 7467; Pope's Dig., § 9500; A.S.A. 1947, § 19-306.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 6 - ANNEXATION PROCEEDINGS BY ADJOINING LANDOWNERS (§§ 14-40-601 — 14-40-609) › Section 14-40-608 - Right to detach certain lands after annexation proceeding

(a)
Within eight (8) years after an annexation proceeding is completed under the provisions of this subchapter and the land remains the boundary of the city or town, the person owning all lands originally annexed into the city or town may be authorized to detach those annexed lands from the city or town under the provisions of this section, so long as the city or town has not provided utility services to those lands.
(b)
(1)
When a qualifying landowner notifies the municipality that he or she wishes to detach his or her land from the city or town under this section, the governing body of the municipality may pass an ordinance within thirty (30) days to detach the annexed, qualifying land from the municipality.
(2)
(A)
In order to notify the city or town, the landowner shall file an affidavit with the city clerk or recorder stating that:
(i)
His or her land was annexed;
(ii)
His or her land is located inside the city or town along the municipal boundary; and
(iii)
He or she desires the annexed land to be detached from the municipality.
(B)
The affidavit shall be filed along with a certified copy of the plat of the annexed land he or she desires to be detached and a copy of the order of the county court approving the annexation and the resolution or ordinance of the municipal governing body accepting the annexation.
(c)
If the municipal governing body approves the ordinance to detach the territory, the clerk or recorder of the municipality shall duly certify and send one (1) copy of the plat of the detached territory, one (1) copy of the ordinance detaching the territory, and one (1) copy of the qualifying affidavit to the county clerk.
(d)
(1)
The county clerk shall forward a copy of each document to the Secretary of State, who shall file and preserve them.
(2)
The county clerk shall forward one (1) copy of the plat of the detached territory and one (1) copy of the ordinance detaching the territory to the Director of the Tax Division of the Arkansas Public Service Commission, who shall file and preserve them and shall notify all utility companies having property in the municipality of the detachment proceedings.
Acts 1999, No. 128, § 1; 2011, No. 740, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1201 - Petition for consolidation

(a)
(1)
(A)
Beginning July 1, 1995, when the inhabitants of any city or incorporated town adjoining or contiguous to another smaller municipal corporation of any class in the same county shall desire that the city or incorporated town annex to it or consolidate with it the smaller municipal corporation, they may apply, by a petition in writing signed by a number of qualified electors from each of the municipal corporations equal to not less than fifteen percent (15%) of the total vote cast for the office of mayor in the respective city or town in the last preceding general election, to the city or town council of the larger municipal corporation.
(B)
Municipal corporations separated by a river shall be deemed contiguous.
(2)
The petition shall:
(A)
Describe the municipal corporations to be consolidated; and
(B)
Name the persons authorized to act in behalf of the petitioners presenting the petition as provided in this section.
(3)
(A)
Beginning July 1, 1995, the petitions shall be filed with the city clerk or town recorder of each municipal corporation, who shall determine the sufficiency of the petitions in each municipality.
(B)
(i)
If any petition is determined insufficient, he or she shall notify the petitioners in writing without delay, and the petitioners shall be permitted ten (10) days from the notification to solicit additional signatures or to prove any rejected signatures.
(ii)
If the city clerk or town recorder of the respective municipalities decides the petitions are sufficient, he or she each shall notify the petitioners in writing and shall present the petitions to the city or town council of the larger municipal corporation.
(b)
(1)
(A)
When the petition is presented to the council, the council shall pass an ordinance in favor of the annexation and approving and ratifying the petition.
(B)
If the council fails to pass the ordinance required under subdivision (b)(1)(A) of this section, then any interested party may apply for a writ of mandamus to require the performance of the requirement.
(2)
In that event, it shall be the duty of the persons named in the petition authorized to act in behalf of the petitioners to file the petition, together with a certified copy of the ordinance, in the office of the county clerk of the county in which the municipal corporations are situated.
Acts 1913, No. 318, § 1; C. & M. Dig., § 7471; Pope's Dig., § 9504; A.S.A. 1947, § 19-310; Acts 1995, No. 806, § 1; 1995, No. 1333, § 1; 1997, No. 214, § 1; 2003, No. 1171, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1202 - Special election called

(a)
(1)
(A)
Upon presentation of the petition to the county court by the authorized persons, the court shall at once order and call a special election, to be held in accordance with §
7-11-201
et seq., in both of the municipal corporations on the question of the annexation and the name of the proposed consolidated municipality.
(B)
The court shall give thirty (30) days' notice of the election by publication one (1) time a week in some newspaper with a bona fide circulation in the territory and by notices posted in conspicuous places in the territory.
(2)
The court shall appoint one (1) judge and one (1) clerk in each ward or other division of each municipal corporation, and the mayor and city council of each of the municipal corporations shall select two (2) judges and one (1) clerk for each of the wards or other divisions having the qualifications of electors, to act as judges and clerks of election within the respective wards.
(3)
The court shall fix all polling places at which the voting shall take place.
(b)
(1)
The election shall be held and conducted in each corporation in the manner prescribed by law for holding elections for cities or incorporated towns, so far as they are applicable. Election expenses are to be paid by the larger city or incorporated town.
(2)
(A)
All elections held under this subchapter are made legal elections.
(B)
(i)
The elections shall be governed by and subject to all the laws relating to general elections so far as applicable.
(ii)
All judges, clerks, and persons voting in the elections shall be subject to the penalties prescribed by the general election laws of the state for any violation of the general election laws to the same extent as though the elections were specifically included in the general election laws of the state.
(3)
The returns of the elections shall be made to the court and the result thereof declared by the court.
(c)
In order to provide for an orderly transition of affairs if the petition calls for a delay in the implementation of the consolidation, the consolidation shall not take effect until the date specified in the petition, except that the consolidation shall be delayed not longer than eighteen (18) months from the date the election results are declared by the court.
Acts 1913, No. 318, § 1; C. & M. Dig., § 7472; Pope's Dig., § 9505; A.S.A. 1947, § 19-311; Acts 1999, No. 1266, § 1; 2003, No. 1171, § 2; 2005, No. 2145, § 23; 2007, No. 1049, § 41; 2009, No. 1480, § 60.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1203 - Election results

(a)
At any election held under this subchapter, all qualified electors who are residents of either municipality shall be allowed to vote on the adoption or rejection of the proposed annexation or consolidation and the name of the proposed consolidated municipality.
(b)
(1)
(A)
(i)
If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the consolidation or annexation, then the county court shall declare, by an appropriate order, the annexation or consolidation consummated unless the petition has requested a delayed date for implementation of the consolidation.
(ii)
If the petition calls for a delay in the implementation of the consolidation and if a majority of the votes cast in each of the respective municipalities is in favor of the consolidation, then the county court shall order the annexation or consolidation consummated on the date specified in the petition, except that the date shall not be more than eighteen (18) months after the date election results are declared by the court.
(B)
(i)
If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality.
(ii)
If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall not be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality to be the name of the larger municipality.
(C)
(i)
Upon the making of the order, the smaller municipal corporation and the territory comprising it shall, in law, be deemed and be taken to be included and shall be a part of the larger municipal corporation.
(ii)
The inhabitants thereof shall in all respects be citizens of the larger municipal corporation.
(2)
If a majority of the votes of either municipal corporation shall be against annexation, then the city or incorporated town shall not be again permitted to attempt the consolidation for two (2) years.
Acts 1913, No. 318, § 1; C. & M. Dig., § 7473; Pope's Dig., § 9506; A.S.A. 1947, § 19-312; Acts 1999, No. 1266, § 2; 2003, No. 1171, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1204 - Contest of election

Any elector shall have the right to test the legality and fairness of the election and the declared results in a proceeding before the circuit court without being required to give bond for costs. However, no such contest shall interfere with the consolidation until finally decided.
Acts 1913, No. 318, § 1; C. & M. Dig., § 7473; Pope's Dig., § 9506; A.S.A. 1947, § 19-312.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1205 - Division of smaller municipality into wards

(a)
As soon as practicable after the annexation, the council of the larger city or incorporated town shall form by ordinance the territory of the smaller municipality into such number of wards as shall seem to be to the best interest of the combined city or incorporated town, or shall change the number and boundaries of all the wards of the entire city or incorporated town, or any part of them, as shall seem to be to the best interests of the combined city or incorporated town. In such way, however, the wards shall have as nearly an equal population and assessed valuation of property as practicable and as, in the opinion of the council, would best subserve the true interest of the citizens and taxpayers of the combined city or incorporated town.
(b)
The territory and inhabitants of the smaller municipal corporation shall receive that fair and just representation in the city council as the size, population, and assessed valuation of property demands, as compared with the representation accorded to other wards of the city or incorporated town.
(c)
If inhabitants of the smaller municipal corporation feel aggrieved at the number of wards, or in any manner dissatisfied with the division of the territory into wards, upon petition of fifty (50) qualified electors, the circuit court is authorized to make changes in the number of wards as the justice of the case requires, in the manner provided in §
14-43-311
, so far as applicable.
Acts 1913, No. 318, § 2; C. & M. Dig., § 7474; Pope's Dig., § 9507; A.S.A. 1947, § 19-313.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1206 - Plat of consolidated municipality

(a)
The council of the larger city or incorporated town shall cause a plat to be made of the entire city or incorporated town after the annexation thereto and the division into wards of the smaller municipal corporation.
(b)
(1)
A certified copy of the plat shall be filed and recorded in the office of the circuit court and ex officio recorder of the county and with the Secretary of State.
(2)
(A)
Thereafter, the plat shall stand, be, and remain the division of the city or incorporated town into wards, and the number and boundaries thereof, until such time as it may be afterwards changed according to law.
(B)
However, a change in the boundaries of the wards of the larger city or incorporated town shall not determine or affect the time of service of any previously elected council member of any ward in the larger city or incorporated town.
Amended by Act 2017, No. 879,§ 4, eff. 8/1/2017.
Acts 1913, No. 318, § 2; C. & M. Dig., § 7475; Pope's Dig., § 9508; A.S.A. 1947, § 19-314.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1207 - Special election of council members or all city officials

(a)
(1)
(A)
Except as provided under subdivision (a)(1)(B) of this section, the city or town council shall call a special election of council members to be held at such times and places as the council may direct pursuant to a proclamation issued by the mayor in accordance with §
7-11-101
et seq., in the wards of the smaller municipality and for the election of council members from any other new wards that may be created by the council out of territory included in the larger city or incorporated town before the annexation, as provided in this subchapter.
(B)
If the petition calls for a citywide election for all officials of the new consolidated city or incorporated town, then the city or town council shall call a special election pursuant to a proclamation issued by the mayor in accordance with §
7-11-101
et seq. for all city or town officials to be held at the times and places as the city or town council may direct throughout each ward of the consolidated city or incorporated town.
(2)
If the implementation of the consolidation of the cities or towns is delayed, the special election for new council members to a city or town council or all city officials shall be held at least forty-five (45) days before the effective date of the consolidation.
(b)
Each ward of the consolidated city or incorporated town shall have two (2) council members, to be elected in the same manner and for the same term as council members are elected in cities and incorporated towns.
Amended by Act 2017, No. 879,§ 5, eff. 8/1/2017.
Acts 1913, No. 318, § 3; C. & M. Dig., § 7476; Pope's Dig., § 9509; A.S.A. 1947, § 19-315; Acts 2003, No. 1171, § 4; 2005, No. 2145, § 24; 2007, No. 1049, § 42; 2009, No. 1480, § 61.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1208 - Existing officers, etc

(a)
The term of office of all officers, council members, and employees of the smaller municipality and all laws in force in the smaller municipality shall cease upon and after the consolidation.
(b)
(1)
Any mayor who is forced from office because of a merger of two (2) or more municipalities under this subchapter is presumed to meet the minimum service period under §
24-12-123
.
(2)
If the mayor who is forced from office has less than ten (10) years of actual service as mayor, then he or she is entitled to a prorated retirement benefit in an amount equal to the percentage of the mayor's actual amount of service divided by the minimum ten (10) years of service required under §
24-12-123
.
Amended by Act 2017, No. 879,§ 6, eff. 8/1/2017.
Acts 1913, No. 318, § 3; C. & M. Dig., § 7476; Pope's Dig., § 9509; A.S.A. 1947, § 19-315; Acts 2005, No. 2264, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1209 - Public property

All public property of the smaller municipality shall belong to the consolidated city or incorporated town.
Acts 1913, No. 318, § 4; C. & M. Dig., § 7477; Pope's Dig., § 9510; A.S.A. 1947, § 19-316.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1210 - Payment of existing debts

(a)
(1)
The debts of each municipality owing prior to or at the time of the consolidation shall be paid by the consolidated municipality by appropriating the revenues derived from year to year from the territory and the inhabitants of what was formerly the larger municipality to the payment of the debts of the larger municipality owing before the consolidation.
(2)
In like manner, the debts of the smaller municipality owing prior to and at the time of the consolidation shall be paid by appropriating the revenues derived from what was formerly the smaller municipality in such manner as to do the least injustice to the inhabitants of each former municipality in the way of a decrease in the improving or bettering of the territory as it formerly existed.
(b)
In appropriating the revenues of either municipality to pay its own debts existing prior to the consolidation, neither the territory nor inhabitants of what was formerly the larger or smaller municipality shall be discriminated against in the distribution of police protection, board of health service, fire protection, public lighting, or other like public service.
Acts 1913, No. 318, § 4; C. & M. Dig., § 7477; Pope's Dig., § 9510; A.S.A. 1947, § 19-316.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1211 - Prior debts not preferred

(a)
Creditors of either municipal corporation, on account of obligations made prior to consolidation, shall not be paid sooner or shall not be permitted to enforce the collection of their debts sooner against the consolidated city or incorporated town than the separate municipality prior to consolidation could have paid its own debts or could have been forced to do so.
(b)
In any proceeding in court, by mandamus or otherwise, against a consolidated city or incorporated town to enforce the obligations created by either municipal corporation prior to consolidation, no greater part of the revenue of the consolidated city or incorporated town shall be subject to be applied by the court at the instance of the creditor to the payment of the obligations than could have been subjected against the revenues of the particular city or incorporated town creating the obligation prior to consolidation if the particular municipal corporation having so created the obligation had not been annexed.
Acts 1913, No. 318, § 5; C. & M. Dig., § 7479; Pope's Dig., § 9512; A.S.A. 1947, § 19-318.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1212 - Rights of annexed territory to benefits of its revenues

(a)
The wards formed out of the territory comprising the former territory of the smaller municipal corporation annexed under the provisions of this subchapter shall always receive betterments and improvements in an amount equal to the amount of revenue derived by the consolidated municipality from the territory and inhabitants of the smaller 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 made 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:
(1)
At all times, to demand of the city or town council the benefit of the revenue collected from the wards, as provided for in this section; and
(2)
On the refusal by the city or town council of the demand made under subdivision (b)(1) of this section, to enforce the revenue rights by mandamus or other appropriate proceedings.
(c)
In the event the council members, or fifty (50) qualified electors of the territory annexed, feel aggrieved in reference to the amount of revenue expended on the territory or as to the other rights guaranteed in this section to the annexed municipality, they may submit the matter to the circuit court, which is authorized by appropriate orders to compel the consolidated city or incorporated town to give the former territory of the smaller municipal corporation the full benefit of its revenue as provided in this section.
Amended by Act 2017, No. 879,§ 8, eff. 8/1/2017.
Amended by Act 2017, No. 879,§ 7, eff. 8/1/2017.
Acts 1913, No. 318, § 4; C. & M. Dig., § 7478; Pope's Dig., § 9511; A.S.A. 1947, § 19-317.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 12 - CONSOLIDATION OF MUNICIPALITIES (§§ 14-40-1201 — 14-40-1213) › Section 14-40-1213 - Franchises, contracts, and other obligations

No franchises, contracts, or other obligations of an extraordinary nature, or other than those necessary for the ordinary and usual running of the affairs of either municipal corporation, which have been granted, made, or created by either municipal corporation after the passage of an ordinance favoring annexation, and prior to the consummation of the annexation, shall be valid and binding against the consolidated municipality, or any part thereof, in the event that a consolidation is effected within sixty (60) days after passage of the ordinance, unless they shall be afterward ratified by the consolidated city or incorporated town.
Acts 1913, No. 318, § 5; C. & M. Dig., § 7480; Pope's Dig., § 9513; A.S.A. 1947, § 19-319.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 18 - DETACHMENT OF TERRITORY GENERALLY (§§ 14-40-1801 — 14-40-1803) › Section 14-40-1801 - Proceedings generally

(a)
Whenever any municipal corporation shall desire to throw any portion of the territory lying within its corporate limits outside of the limits and remit it back to the county in which the municipal corporation is situated, it shall be lawful for the council of the municipal corporation to submit the question to the qualified electors of the municipal corporation at an election to be held for that purpose. The election shall be held after giving notice of such election four (4) weeks by advertisement in one (1) of the papers published in the municipal corporation or, if there is no paper published in the municipal corporation by advertisement posted in two (2) of the most public places in the municipal corporation.
(b)
If a majority of the votes cast on that question shall be in favor of throwing the territory outside of its municipal corporate limits, the municipal corporation shall present to the county court a petition praying for such change in its territorial limits, and the hearing shall be had on the petition as is prescribed in §
14-38-103
.
(c)
Alternatively, upon petition of the landowners affected and provided the territory is unimproved and uninhabited wetlands, the city council may resolve to request the county court to exclude the territory from the limits of the municipal corporation and remit it back to the county and a hearing shall be had on the petition as prescribed in §
14-38-103
.
Acts 1875, No. 1, § 90, p. 1; C. & M. Dig., § 7487; Pope's Dig., § 9530; A.S.A. 1947, § 19-320; Acts 1997, No. 140, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 18 - DETACHMENT OF TERRITORY GENERALLY (§§ 14-40-1801 — 14-40-1803) › Section 14-40-1802 - Order for exclusion

(a)
After hearing the petition, if the county court shall be satisfied that a majority of the qualified electors of the corporation are in favor of the exclusion of the territory mentioned in the petition from within its limits, or alternatively that the city council has resolved to request that the territory be excluded from the limits of the municipal corporation and remitted back to the county, that the territory to be excluded has been accurately described, and that it would be proper and right to grant the petition, it shall make an order excluding the territory in the petition mentioned from the limits of the municipal corporation and remitting it back to the county.
(b)
(1)
It shall be the duty of the clerk of the court to make out a certified copy of the order and to deliver it to the recorder of his or her county, whose duty it shall be to record the order in the proper book of records in his or her office.
(2)
It shall also be the duty of the recorder to make out and forward to the Secretary of State a certified copy of the record.
Acts 1875, No. 1, § 90, p. 1; C. & M. Dig., § 7488; Pope's Dig., § 9531; A.S.A. 1947, § 19-321; Acts 1997, No. 140, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 18 - DETACHMENT OF TERRITORY GENERALLY (§§ 14-40-1801 — 14-40-1803) › Section 14-40-1803 - When effective - Limitation

(a)
After the record shall have been filed and a copy forwarded to the Secretary of State, the territory shall cease to be a part of the municipal corporation.
(b)
The limits of cities of the first and second class shall not be reduced to an area less than they were on January 1, 1872.
Acts 1875, No. 1, § 90, p. 1; C. & M. Dig., § 7489; Pope's Dig., § 9532; A.S.A. 1947, § 19-322.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 19 - DETACHMENT OF UNSUITABLE TERRITORY (§§ 14-40-1901 — 14-40-1903) › Section 14-40-1901 - Designation by resolution

(a)
Whenever it appears that the official corporate limits as shown by the records of the Secretary of State for any city or incorporated town have for more than ten (10) years included an area or territory that has not been recognized by city or incorporated town officials and assessed for taxation as a part of the city or incorporated town during the period, because of error or otherwise, and which has not been legally detached from the city or incorporated town, then the city or incorporated town council may designate and determine by resolution for any portion of the area or territory which it believes is unsuitable for urban development in the foreseeable future, that it is no longer necessary for corporate purposes, and that it desires to officially detach the designated area or territory outside of its corporate limits, retaining the remainder of the unrecognized territory therein.
(b)
A certified copy of the resolution shall then be filed with the county court of the county where the city or town is situated or the county where the area or territory affected is situated, together with a petition that a hearing be held by the court to determine whether the designated portions of the area or territory shall be officially excluded from the city or incorporated town limits.
Acts 1961, No. 92, § 1; A.S.A. 1947, § 19-325.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 19 - DETACHMENT OF UNSUITABLE TERRITORY (§§ 14-40-1901 — 14-40-1903) › Section 14-40-1902 - Hearing and determination

(a)
Upon the filing of the petition, the county court shall set a date for hearing thereon, not less than fifteen (15) days nor more than thirty (30) days after the first publication of notice of the filing of the petition. Notice of the filing shall be published once each week for not less than two (2) weeks in a newspaper having a general circulation in the city or incorporated town.
(b)
(1)
After hearing the petition, if the court shall be satisfied that the designated area or territory has not been recognized by city or incorporated town officials and has not been assessed for taxation as a part of the city or incorporated town for more than ten (10) years, that it is no longer suitable for urban development, that the territory to be excluded is accurately described, and that the welfare of the inhabitants and property owners of both the city or incorporated town and of the area or territory affected will be best served, it shall make an order excluding designated area or territory described in the petition or such portions thereof as it determines should be so excluded from the limits of the city or incorporated town and remitting it back to the county.
(2)
The clerk of the county shall certify a copy of the order to the recorder of the county, to be recorded by him or her, and shall likewise cause a certified copy to be forwarded to the Secretary of State, to be otherwise filed as provided by law.
Acts 1961, No. 92, § 2; A.S.A. 1947, § 19-326.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 19 - DETACHMENT OF UNSUITABLE TERRITORY (§§ 14-40-1901 — 14-40-1903) › Section 14-40-1903 - Public utility service

Any public utility serving the area detached shall have the right to continue to serve in the detached area on the same basis as service had been previously rendered prior to the action of the city or incorporated town council in adopting the resolution detaching the territory, except that no franchise tax shall be payable thereafter to the city or incorporated town.
Acts 1961, No. 92, § 4; A.S.A. 1947, § 19-327.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 20 - MUNICIPAL SERVICES (§§ 14-40-2001 — 14-40-2006) › Section 14-40-2001 - Purpose

It is the purpose of this subchapter to assist landowners to obtain municipal services by making the services reasonably available. However, nothing in this subchapter shall relieve a landowner from the obligation to pay regular fees and costs for connecting to services or from the obligation to pay the regular cost of the services.
Acts 1999, No. 779, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 20 - MUNICIPAL SERVICES (§§ 14-40-2001 — 14-40-2006) › Section 14-40-2003 - No split or island

(a)
In no event shall the provisions of this subchapter allow a municipality to be split in half or to have any of its land separately encircled, thereby creating an island of that city within the boundaries of another city.
(b)
Any detachment and annexation occurring that creates a split or island shall be void and all properties returned to their original municipality.
Acts 2001, No. 1525, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 20 - MUNICIPAL SERVICES (§§ 14-40-2001 — 14-40-2006) › Section 14-40-2004 - Hearing in circuit court - Appeal

(a)
(1)
The circuit courts of the state shall have exclusive jurisdiction to hear all matters related to this subchapter.
(2)
The circuit court of the county in which the municipalities are located or, in the event that the municipalities are located in different counties or judicial districts, the circuit court of the county or judicial district that has within the county's or judicial district's boundaries the smallest of the two (2) municipalities in population according to the latest federal decennial census, shall have exclusive jurisdiction to hear all matters related to this subchapter.
(b)
(1)
(A)
Upon petition of either affected municipality, the landowner or group of landowners, or its representatives, the circuit judge shall hold a hearing or series of hearings related to the provisions of this subchapter.
(B)
The municipalities, the landowner who requested annexation, and a landowner who began owning land after the annexation request are parties to the hearings.
(2)
The circuit judge shall make findings as are necessary to determine whether there has been substantial compliance or noncompliance with the requirements of this subchapter.
(c)
The petition under subdivision (b)(1) of this section shall be filed no later than twenty (20) days after the adoption or rejection of the ordinance, resolution, or motion bringing the subject property into the annexing jurisdiction.
(d)
In the event an action is brought in circuit court by any party, the time period for the requested services to be available as provided in §
14-40-2002(b)(3)(B)(iii)
shall be tolled until entry of a ruling by the circuit judge and the conclusion of any appeals from that court.
Amended by Act 2013, No. 1455,§ 2, eff. 8/16/2013.
Acts 2001, No. 1525, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 20 - MUNICIPAL SERVICES (§§ 14-40-2001 — 14-40-2006) › Section 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.
Acts 2001, No. 1525, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 20 - MUNICIPAL SERVICES (§§ 14-40-2001 — 14-40-2006) › Section 14-40-2006 - Provision of municipal services

In a municipal services matter under this subchapter, 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 services became available to the inhabitants and the inhabitants have not used the services.
Added by Act 2015, No. 882,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 22 - ANNEXATION AND DETACHMENT TRANSPARENCY ACT (§§ 14-40-2201 — 14-40-2202) › Section 14-40-2201 - Annexation and provision of scheduled services

(a)
(1)
Beginning March 1, 2014, and each successive year thereafter, the mayor or city manager of a city or incorporated town shall file annually with the city clerk or recorder, town recorder, and county clerk a written notice describing any annexation elections that have become final in the previous eight (8) years.
(2)
The written notice shall include:
(A)
The schedule of services to be provided to the inhabitants of the annexed portion of the city; and
(B)
A statement as to whether the scheduled services have been provided to the inhabitants of the annexed portions of the city.
(b)
If the scheduled services have not been provided to the new inhabitants within three (3) years after the date the annexation becomes final, the written notice reporting the status of the extension of scheduled services shall include a statement of the rights of inhabitants to seek detachment.
(c)
A city or incorporated town shall not proceed with annexation elections if there are pending scheduled services that have not been provided in three (3) years as prescribed by law.
Added by Act 2013, No. 1502,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 22 - ANNEXATION AND DETACHMENT TRANSPARENCY ACT (§§ 14-40-2201 — 14-40-2202) › Section 14-40-2202 - Inhabitants of annexed area

(a)
In all annexations under §
14-40-303
and in accordance with §
14-40-606
, after the territory declared annexed is considered part of a city or incorporated town, the inhabitants residing in the annexed portion shall:
(1)
Have all the rights and privileges of the inhabitants of the annexing city or incorporated town; and
(2)
(A)
Be extended the scheduled services within three (3) years after the date the annexation becomes final.
(B)
The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services.
(b)
If the scheduled services have not been extended to the area and property boundaries of the new inhabitants within three (3) years after the date annexation becomes final, the written notice reporting the status of the extension of scheduled services shall:
(1)
Include a written plan for completing the extension of services and estimated date of completion; and
(2)
Include a statement of the rights of inhabitants to seek detachment.
(c)
A city or incorporated town shall not proceed with any additional annexation elections if there are pending scheduled services that have not been extended as required under this subchapter.
Added by Act 2013, No. 1502,§ 1, eff. 8/16/2013.