Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-204 - Hearing prior to filing petition to form district

(a)
(1)
(A)
Prior to filing the petition for formation of a district, each owner of realty within the boundaries of the proposed district shall be notified by certified letter of the intent of formation of the proposed district.
(B)
The notice shall be accompanied by:
(i)
A copy of the petition;
(ii)
A list of those candidates nominated for commissioner;
(iii)
Proxy materials for the use of those owners not able to attend the public meeting; and
(iv)
The name and mailing address of the senior justice of the peace within the area encompassed by the proposed district.
(2)
The notice shall indicate the date and location of a public meeting to be held not less than fifteen (15) days nor more than thirty (30) days prior to filing the petitions with the court.
(3)
The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the public hearing.
(4)
(A)
The notice shall also be published in a newspaper having general circulation within the counties where the proposed district is located.
(B)
The publication shall be once a week for two (2) weeks prior to the public meeting, and the notice shall indicate the date and location of the public hearing.
(b)
(1)
The public hearing shall be held within the boundaries of the proposed district, unless public meeting facilities of sufficient size are not available, in which instance the meeting shall be held in the nearest public facility of sufficient size.
(2)
The public hearing shall be chaired by the senior justice of the peace within the area encompassed by the proposed district or his appointee.
(3)
The public hearing shall commence between the hours of 6:00 p.m. and 9:00 p.m.
(4)
(A)
The purpose of the hearing shall be:
(i)
To inform the affected owners of realty of the type of the proposed district, the preliminary cost estimates and basis thereof, and general information; and
(ii)
The election, by those realty owners in attendance, in person or by proxy given to the senior justice of the peace within the area encompassed by the proposed district, by simple plurality vote with the number of votes for each candidate reported, of seven (7) commissioners, whose names shall be transmitted to the court with the petitions.
(5)
(A)
(i)
Each commissioner shall be nominated and elected by position;
(ii)
Any owner of realty within the proposed district may nominate candidates for commissioner at any time before or during the public meeting;
(B)
Each commissioner shall own realty within the boundaries of the proposed district.
(6)
The petitions shall not contain the names of proposed commissioners.
(7)
On all questions submitted to the realty owners of a district or proposed district, each owner of realty therein shall be entitled to cast one (1) vote.
Acts 1941, No. 41, § 1; 1981, No. 510, § 1; A.S.A. 1947, § 20-701.