Notice to Secretary of State upon municipal boundary change — Definitions

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  1. (a) As used in this section:

    1. (1)

      1. (A) “Municipal boundary change” means an incorporation, annexation, consolidation, detachment, surrender of charter, revocation of charter, or municipal disincorporation under this subchapter, § 14-38-101 et seq., or § 14-39-101 et seq.

      2. (B) “Municipal boundary change” includes court orders, amendments, and judicial corrections of boundaries or property descriptions; and

    2. (2) “Municipality” means a city of the first class, a city of the second class, or an incorporated town.

  2. (b)

    1. (1) Within forty-five (45) days of the effective date of any ordinance or resolution effecting a municipal boundary change under this subchapter, § 14-38-101 et seq., or § 14-39-101 et seq., the city clerk shall provide written notice, along with complete documentation, to the county clerk of each county in which the territory is affected.

    2. (2) Within thirty (30) days of receipt from a municipality, each respective county clerk shall provide written notice to the Secretary of State of filings and records related to the municipal boundary change as required by statute or by the Secretary of State, to be kept by the county clerk, and shall provide those records with notice delivered to the Secretary of State.

    3. (3)

      1. (A) Within fourteen (14) days of receipt of a summons, complaint, circuit court order, or court judgment concerning a municipal boundary change, each municipality shall notify in writing the Secretary of State and the respective county clerk of each county in which the territory is or may be affected.

      2. (B) Upon receipt of notice of a court challenge, the county clerk shall provide written notice to the Secretary of State of a summons, complaint, circuit court order, or court judgment that may affect a municipal boundary change.

  3. (c) Absent notice of a court challenge, within thirty (30) days of receipt of a notice of a municipal boundary change, the Secretary of State shall forward appropriate notice and a copy of the appropriate records to the:

    1. (1) Arkansas Geographic Information Systems Office;

    2. (2) Tax Division of the Arkansas Public Service Commission;

    3. (3) Arkansas Department of Transportation; and

    4. (4) Department of Finance and Administration.

  4. (d) Within thirty (30) days of receipt of notice of a municipal boundary change from the Secretary of State, the Arkansas Geographic Information Systems Office shall provide notice and the appropriate electronic records to the:

    1. (1) Tax Division of the Arkansas Public Service Commission;

    2. (2) Arkansas Department of Transportation; and

    3. (3) Department of Finance and Administration.

  5. (e) Within thirty (30) days of receipt of notice from the Arkansas Geographic Information Systems Office or the Secretary of State of a municipal boundary change, the Arkansas Public Service Commission shall file and preserve the appropriate records and shall notify the entities under the jurisdiction of the Arkansas Public Service Commission that have property in the municipality of the annexation.

  6. (f) The Secretary of State may prescribe documents for providing appropriate notice and may prescribe a mandatory form for providing sufficient notice.


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