SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

MUNICIPAL ANNEXATIONS

June 2016

Issues for Discussion – Census 2020With Special Thanks to Michael Fincher, Associate General Counsel

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Everything related to Annexation, Detachment, or Consolidation can be found in

Title 14 Chapter 40 of Arkansas Code

However, other laws can

be applicable, 14-38-101 et seq.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Ways to Conduct Annexations

• By Ordinance: • 14-40-201

• 14-40-302

• 14-40-501

• 14-40-608

• 14-40-2101

• 14-40-202 (ord. or petition)

• 14-40-1901 (resolution)

• By Petition

• 14-38-101

• 14-38-115

• 14-40-601

• 14-40-609

• 14-40-1201

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Other Ways to Annex/Detach

• County Court 14-39-101

• Auto 14-40-204

• Special 14-40-207

• Special election or Resolution 14-40-1801

• Statement 14-40-2002

• Adjoining County (No teeth provision) 14-40-401

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Additional ReportingBeginning March 01, 2014

• 2014 and each year after, the Mayor/City Manager• Shall file annually with city clerk/recorder, town

recorder, and county clerk

• A written notice describing any annexation elections finalized in last 8 years

• Include schedule of services to be provided; statement as to whether they were provided; if not provided in 3 years, include statement of the rights of inhabitants to seek detachment

• § 14-40-2201

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

2015 Legislative ChangesArkansas Geographic

Information Systems Office

• Coordinate with Arkansas GIS 1st

• To Prepare legal descriptions, mapping for areas

• For Annexation, Consolidation, Detachment under §14-40 ( § 14-40-101; Act 914 of 2015)

• Reorganization (§ 14-38-113), Incorporation/disincorporation (§ 14-38-116)

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Filing With The S.o.S.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• First step of any entity is to seek preclearance by Arkansas GIS• Before they begin any proceeding

• Provide GIS legal description and if possible, Plat

• GIS plans on responding within 4 days

• Then you go through the statutory annexation process

• Then file the Boundary Change Form with the Secretary of State

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

File With the Arkansas Secretary of State

• Municipal Boundary and Classification Change Form

• Note: for inclusion in 2020 Census, the Effective Date of the boundary change must be on or before December 31, 2017

• Note: This Municipal Boundary Change Form does not keep track of the Ward/Precinct changes which happen upon Annexation/Detachment.

• More on that later

Redistricting 2021 Timeline

2016

J F M A M J J A S O N D

2017

J F M A M J J A S O N D

2018

J F M A M J J A S O N D

2019

J F M A M J J A S O N D

2020

J F M A M J J A S O N D

2021

J F M A M J J A S O N D

May 31, 2016 - final day to send boundary changes for inclusion in 2017 Census maps for use in municipal boundary review

May 31, 2017 -final day to send municipal boundary changes for inclusion in 2018 Census maps

May 31, 2019 –Deadline voting precinct map changes for VTDP

April 1, 2020 Census Day

April 1, 2021 Census deadline for delivery of 2021 Redistricting Data to States

Dec 31, 2017 – annexation deadlinefor 2020 Census. (Annexations must be effective by this date for inclusion in 2018 BAS)

May 31, 2018 -deadline for

reporting municipal boundary changes to

insure accurate

inclusion in 2020 Census

August 2019 Census Bureau begins in-field canvasing

Phase 1 Municipal Boundary Synchronization

Phase 2Framework build for 2021 Redistricting Data delivery

(VTDP)

Phase 32020 Census

Phase 4Arkansas

Redistricting Process

Dec 31, 2021State andFederal redistricting deadline

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Census IssuesDiscussion

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

AnnexationsThe How To

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Subchapter 200

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

City-Owned Parks/Airports14-40-204

• city owned parks and airports are Automatically annexed to the city if:• The city that owns them has a population between

40,000 – 80,000

• And are in counties with population 140,000 or more

• This applies to all cities/counties in the future if they meet the population requirement

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Small City-owned park

Parks owned by cities are Automatically annexed to the city if:

• The City’s population is 6,000 to 6,450

• And is in a county with a population of 22,600 to 22,800

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

PROBLEM

• Process is “Automatic” – no notice

• No recording/filing with the County, which means the land could be annexed, and no one would know

• SoS and GIS would not know, therefor the Census Bureau would not know

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Buildings on Boundary Line14-40-207

• Property owners with a building situated on the boundary line between two municipalities may choose either municipality as the legal location.

• When an expansion is situated on the boundary line, the property owner may also choose either.

• If the owner first obtained authorization/permits for expansion from the municipality where the building is located

• or from the municipality where the expansion will be located

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Boundary Lines: Owner Chooses

• Property owner must notify the governing body of both municipalities as to which will be chosen (request includes up to 2 acres)• Written notice must include a request for annexation

into the municipality

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

2 Acres included

• w/in 60 days of receipt of notice, the municipality shall coordinate with Ark. GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

207 Process

1

• Property owner chooses municipality

• Provides written notice to both municipalities

2

• Notice to chosen municipality includes request for annexation

• Chosen Municipality coordinates with GIS

3

• Unclear: not explicit that it needs to report to County, record, and forward to SoS with Boundary Change Form. This has to happen for S.o.S. to contact GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Municipal annexations of contiguous lands§ 14-40-301 et seq.

Annexation of Contiguous Lands by Ordinance 303

1• Municipality contacts GIS, obtains Clearance Letter.

2

• Pass Annexation Ordinance by 2/3 vote

• With required documentation; fix date of election

3

• City Clerk certifies Ordinance, Plat, Map to Co. Clerk and Co. Election Commission before election

4

• City identifies residents of area, County Clerk assists determining qualified electors in area

• Notices by Publication; other election preparation

5

• Election (if passes); Co. Clerk certifies election Results, records w/ description/map

6

• Co. Clerk files Certified Copy and Boundary Change Form w/ Secretary of State

• Secretary of State closes the loop with GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• Under this subchapter, municipalities do not have authority to annex any portion of another city or town

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Municipality may adopt an ordinance to

annex contiguous land to the municipality:

• With 2/3 vote of the total number of members making up governing body, if lands are any of following:• Platted, held for sale or use as municipal lots• Whether platted or not, if the lands are held to be sold as suburban

property;• When the lands furnish the abode for a densely settled community or

represent the actual growth of the municipality beyond its legal boundary;

• When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or

• When they are valuable by reason of their adaptability for

prospective municipal uses.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Contiguous lands shall not be annexed if they:

• Have fair market value of lands used only for agricultural or horticultural purposes

• Best use of land is ag/horticultural

• At time of adoption of ordinance

• Are lands upon which a new community is to be constructed with funds guaranteed, in whole or in part, by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VII of the Housing and Urban Development Act of 1970;

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Contiguous lands shall not be annexed if they:

• Are lands that do not include residents, except as agreed upon by the mayor and county judge; or

• Are lands that do not encompass the entire width of public road right-of-way or public road easements within the lands sought to be annexed, except as agreed upon by the mayor and county judge.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• (b)(2) Any person, firm, corporation, partnership, or joint venturer desiring to come within this exclusion must have received from the United States Department of Housing and Urban Development a letter of preliminary commitment to fund the new community under one (1) of the federal acts.

• (b)(3) If any lands are annexed that are being used exclusively for agricultural purposes, the lands may continue to be used for such purposes so long as the owner desires and the lands

shall be assessed as agricultural lands.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• A municipality with a population fewer than 1,000 persons shall not annex contiguous lands in excess of 10% of the current land area of the municipality• in any one calendar year

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• (d)(1) Whenever practicable, a city or incorporated town shall annex lands that are contiguous and in a manner that does not create enclaves.

• “enclave” means an unincorporated improved or developed area that is enclosed within and bounded on all sides by a single city or incorporated town.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation Ordinance: Election§ 14-40-303

• Annexation ordinance must

• Contain accurate description of land to be annexed

• Include schedule of services of the annexing municipality that will be extended to the are w/in 3 years after finalization of annexation

• Fix the date for the election

• Annexation ordinance not effective

• Until question is submitted to qualified electors of the annexing municipality and of the area to be annexed

• Special election shall be called by ordinance or proclamation of the mayor in accordance with § 7-11-201 et seq.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Election for Annexation § 303

• All qualified electors residing in territory to be annexed are entitled to vote

• 60 days before the election

• City clerk shall certify 2 copies of the annexation ordinance and a plat or map of area to be annexed, and

• Convey one copy to the county clerk

• Convey one copy to the county election commissioner

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Election for Annexation

• No later than 45 days before the election• City shall identify all persons who reside in are

proposed to be annexed

• County clerk shall assist the city in determining names and addresses

• Failure to id all persons shall not invalidate or otherwise affect the election results

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Election for Annexation

• At least 40 days before the election, County Clerk shall give notice of the voter registration deadlines by ordinary mail to those persons whose names are on the list provided by the city clerk• Co Clerk prepares list by precinct of all qualified electors

in the area to be annexed, to give to election officials

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• City clerk gives notice by publication by at least one insertion in some newspaper having general circulation in the city

• If Co Clerk or election commission fails to perform these duties, any party may apply for a writ of mandamus to require performance

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

ELECTION

• If majority support• Co clerk must certify no later than 15 days, record

results, record the land description/map

• And file a certified copy of the above with S.o.S.

• Annexation is effective and land included 30 days after the recording/filing

• If action filed in circuit court, effective date is date of judgment

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• After annexation is approved and is final,• The governing body of the city places the annexed land

into wards by ordinance

• See statute for process: 303(d)

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• If, within 30 days of the date one city calls for an annexation election, another city calls for an annexation election on all or part of the SAME LAND, then both annexation elections shall be held. The second city must call for its annexation election to be held on the next available date in accordance w/ 7-11-201 et seq. (before or after the first city’s election doesn’t matter)

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

1st & 2nd Election

• If 1st election is approved, results stayed until second election is held

• If only one of the elections is proved by the voters, then the city that called that election shall proceed with the annexation of the lands. (To the victor goes the spoils … or annexed lands).

• If both annexation elections are approved by voters, a THIRD election shall be held 3 weeks after the second election. (7-11-201 et seq. concerning special election procedures do not apply to this third election).

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Third Election: Date

• If 3rd election falls upon a legal holiday, it shall be held 4 weeks after the second annexation election.

• If then that 4th week date is a legal holiday, hold it 5 weeks after second election

• Notice of the 3rd election shall be published in a newspaper circulated in the area to be annexed during the period after the second election

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Third Election: Results

• Only residents of the area proposed for annexation shall vote in the third election

• The issue is which city the residents of the area want to be annexed into.

• Most votes = winner.

• If tie, area is annexed to the city that had the highest percentage vote in favor of the annexation in the first or second election

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Additional Lands in Election

• If the losing city included land in its annexation election other than the land voted on by Both cities, then that land shall be annexed into the city if it is still contiguous to the city after the other land is annexed to the other city, but the land shall remain part of the county if it is not so contiguous.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation proceedings by landowners§ 14-40-601 et seq.

Annexation by adjoining landowners 601

1• Landowners contact GIS, obtain Clearance Letter

2• Majority of landowners apply by attested petition. Present to County Court

3• County Clerk files it, sets date for hearing

• Petitioners publish required notice

4• Hearing held (14-38-103 and rest of Subchapter 601 et seq. apply)

5

• If County satisfied with petition, etc., Court enters order granting petition; Order recorded by County Clerk

• If No Notice, Up to city to accept by Ordinance or Resolution. If accepted, Recorded by Co. next step

6• County Clerk certifies to S.o.S. and APSC; files Boundary Change form with S.o.S.

• S.o.S. contacts Ark. GIS

Detachment 608

1• Qualified landowner contacts GIS, receives Clearance Letter

2• Landowner then gives notice and Plat to City Clerk

3• Municipality may pass ordinance w/in 30 days

4

• If approves, clerk/recorder of municipality certifies documents to County Clerk

5

• County clerk forwards (and files Boundary Change Form) to Secretary of State; APSC (APSC fwds to utilities)

6• Secretary of State delivers to GIS

Annexation by 100% 609

1• Individual contacts GIS, receives Clearance Letter

2• Individual petitions governing body

3

• Petition is filed with County Assessor and County Clerk

• County verifies petition, petitioners, etc.

4

• Presented to County Judge; verifies; issues order on findings

• Reviews for accuracy

5• Petition is forwarded to city/town. May pass ordinance or resolution

6• If municipality accepts property, clerk/recorder of town certifies to County Clerk

7• County Clerk forwards copy of each document to: Secretary of State, and APSC

8• S.o.S. sends to GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation Proceedings by Adjoining Landowners

• Majority of real estate owners of any part of a county contiguous to and adjoining any city/incorporated town may apply for annexation by petition

• majority of total real estate owners in the area affected if the majority of the total number of owners own more than ½ of the acreage affected.

• In writing to county court, name the person authorized to act on behalf of petitioners. May include a schedule of services of the annexing municipality that will be extended w/in 3 years after finalization

• A.C.A. § 14-40-601

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Hearing Procedure

• Petition is presented to County Clerk, who files it. Court sets date for hearing• Not less than 30 days after filing the petition

• Between filing and hearing, petitioners shall cause a notice to be published in some newspaper of general circulation in the county

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Hearing Procedure § 14-40-602

• Notice must:

• Be published once a week for 3 consecutive weeks

• Contain the substance of the petition and state the time and place of the hearing

• If no newspaper of general circulation in county, shall be posted at some public place within the limits of the town/city for at least 3 weeks before hearing

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

§ 14-40-603

• After the hearing, if court is satisfied of

• The allegations in petition and

• that the requirement for signatures has been met, and

• if court is satisfied that the limits of the territory to be annexed are accurately described and an accurate map is made and filed

• And petition is right and proper

Then the Court shall grant the petition.

Order shall be recorded by County Clerk.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Complaints § 14-40-604

• After the order for annexation is entered, no action shall be taken for 30 days.• Any person can institute proceeding in the circuit court

to prevent annexation in this time

• Court/judge shall make an order restraining any further action and annul if

• Subchapter 601 et seq. not complied with; territory is unreasonably large; territory not properly described

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

604 - continued

• If the order of the county court was proper, the court/judge shall affirm the order, and proceedings to prevent annexation are dismissed

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

§ 14-40-605

•IF no notice is given within 30 days from making the order of annexation by county court, the proceeding is confirmed,

•if city/town accepts the territory by ordinance or resolution

• If council accepts, the county clerk certifies:

• Copy of the plat of territory, copy of order of the court and resolution/order of council.

• Clerk forwards copy to S.o.S.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

605 pt. 2

• Clerk then forwards 1 copy of plat, 1 copy of the order of the court to the Director of the Tax Division of the Arkansas Public Service Commission• (they will file, preserve, and notify all utility companies)

• Clerk forwards a certified copy of the order of the court to the council

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Effect

• As soon as resolution/ordinance declaring the annexation is adopted/passed, territory is deemed to be part of the city/town• § 14-40-606

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Right to Detach § 14-40-608

• Within 8 years after annexation, person owning all lands originally annexed into the city/town may detach those annexed lands, so long as the city or town has not provided utility services to the land.

• Qualifying landowner must notify city by affidavit to city clerk/recorder:

• state that land was annexed;

• land is located inside the city along the municipal boundary;

• desires to detach

• Filed with certified copy of the plat of annexed land

• Copy of county court order approving annexation and resolution/ordinance accepting annexation

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

608 pt 2• governing body may pass an ordinance within 30 days

to detach the annexed land

• If the governing body approves the ordinance to detach

• Clerk/recorder shall certify and send 1 copy each: of the plat of detached territory, the ordinance detaching the territory, and the qualifying affidavit to the county clerk and Dir. Tax Div. Arkansas Public Service Commission

• County clerk forwards copy of each to S.o.S.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation by 100% Petition§ 14-40-609

• Individual who owns property in a county contiguous to the city/town (1st class, 2d class, inc. town) may petition the governing body to annex the property that is contiguous to the city or town

• Petition shall be in writing, attested by the property owner/s

• Shall contain an accurate description of the relevant property/properties

• Shall include a schedule of services of the annexing city that will be extended to the area within 3 years after annexation is final

• Shall be filed with the County Assessor and County Clerk

• Within 15 days of filing, the Assessor and Clerk

• Shall verify the identity of the petitioner/s

• Verify that there are no property owners included in the petition that do not wish to have their property annexed

• Verify that property/properties are contiguous with city/town

• Verify no enclaves will be created

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation by 100% pt. 2

• Upon completing verification of the petition, the Assessor and Clerk shall present the petition and verifications to the county judge• Within 15 days of receipt, county judge shall:

• Review for completeness and accuracy

• Determine no enclaves will be created

• Confirm petition has a schedule of services

• Issue an order articulating these findings

• Forward petition and order to the city/town

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation 100% pt. 3

• By ordinance/resolution, the city/town may grant the petition and accept the property• Municipality not required to grant the petition

• Ordinance must accurately describe property

• If property is accepted, the clerk/recorder shall certify and send to the county clerk:

• Copy of the plat of the property

• Copy of the ordinance/resolution

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Pt. 4

• County clerk then sends copy of each to

• S.o.S. to file and preserve

• Director of Tax Division, APSC

• Notifies Utilities

• 30 days after passage of ordinance/resolution, annexation is final

• Cause of action may be filed in circuit court of county by a person asserting an ownership right in the property who objects to the annexation; or by any person asserting a failure to comply with this section

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Consolidating Municipalities§14-40-1201 et seq.

Consolidating Municipality-Petition 1201

1• Inhabitants contact GIS; GIS sends Clearance Letter

2• Inhabitants create Petition, gather signatures

3

• Inhabitants file Petition with City Clerk/Town Recorder of each municipal corporation

• Municipality determined sufficiency

4• If valid, municipality notifies petitioners; presents Petitions to larger city/town council

5• Council shall pass the ordinance

6

• Petitioners then file Petition, w/ certified copy of ordinance to County Clerk

• Presented to County Court

7

• County Court orders special election; Notice by publication

• Election; results

8

• Council of larger city makes plat after annexation, certified copy filed in Circuit Court, Ex Officio County Recorder, and Secretary of State (along with Municipal Boundary Form)

9• S.o.S. contacts GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Petition for Consolidating

• inhabitants of any city/inc. town adjoining or contiguous to a smaller municipality in the same county can annex/consolidate by filing a petition to the larger corporation by filing:

• in writing, signed by qualified electors from each municipality equal to not less than 15% of the total vote cast for the office of mayor in the respective city/town in the last general election

• (municipal corps separated by river=contiguous)

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• This Petition shall

• Describe corporations to be consolidated,

• Name persons authorized to act on behalf of petitioners

• Be filed with city clerk/town recorder of each corporation (to determine sufficiency)

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• If petition is insufficient, petitioners have 10 days to solicit more or prove rejected signatures

• If petition is sufficient

• Clerk/recorder notifies petitioners in writing and presents petitions to the council of the larger municipality

• Once presented, council shall pass an ordinance in favor of annexation and approve/ratify petition

• If council fails to pass ordinance

• Any interested party may apply for a writ of mandamus

• (b)(2) is murky, but it’s the duty of the representative for the petition to file the petition, with a certified copy of the ordinance in the County Clerk’s office

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• When authorized person presents petition to County Court

• Court shall at once order and call a special election in accordance with 7-11-201 et seq. in both of the municipal corporations on the question

• 30 days notice of the election by publication one time a week in some newspaper with a bona fide circulation in the territory (Note: does not say of general circulation) and by notices posted in conspicuous places in territory

• Court appoints 1 judge and 1 clerk in each ward/division of each municipality, and the mayor and city council of each shall select 2 judges and 1 clerk for each of the wards/divisions to act as judges and clerks of election within the respective ward

• Court fixes polling places

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• Needs majority of vote cast in each municipality. (1203)

• If each municipality not in favor of same name, takes the name of the larger municipality

• If majority of votes in either municipal corps against annexation

no consolidation for 2 years

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• Election held and conducted in manner prescribed for holding elections for cities/towns, and also under laws relating to general elections as applicable

• Consolidation takes place on date specified in petition, no later

than 18 months from declaration of election results

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• Distributing territory into wards through ordinance – 14-40-1205

• Larger municipality’s council shall create a plat of the entire municipality after the annexation and division into wards• Certified copy is filed/recorded with Circuit Court, the ex

officio County Recorder, and with the Secretary of State (14-40-1206)

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Simultaneous detachment& annexation14-40-2101

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• When 2 municipalities are contiguous/adjoining one another, and one desires to detach and annex territory in another municipality,• Then the governing body of the municipality seeking to

detach/annex may propose an ordinance calling for the simultaneous detachment/annexation. After passing the ordinance, it shall send it to the governing body where the lands are located

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• The ordinance must provide a legal description of the lands, and the general reasons for proposing the action • Governing body where land is located shall conduct a

public hearing within 60 days of the proposal of the ordinance

• At least 15 days before the public hearing, the governing body of the proposing municipality must publish a legal notice setting out the legal description of the territory

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• At the next regularly scheduled meeting after the public hearing, the governing body may bring the proposed ordinance up for a vote• If majority of the total number of members of the

governing body vote for detachment/annexation, then a prima facie case for detachment and annexation is established. The proposing municipality shall then render services to the newly annexed area.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

•

• The decision of the municipal governing bodies shall be final, unless suit is brought in circuit court within 30 days of passing the ordinance

• As soon as the ordinance is final, the territory is deemed part and parcel of the annexing city limits.

• Governing body of annexing city shall direct the municipal clerk/recorder to duly certify to the county clerk: 1 copy of the plat of the annexed territory and 1 copy of the proposing ordinance as adopted by both governing bodies

• Clerk then forwards a copy of each document to the Secretary of State

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation of Surrounded land§ 14-40-501 et seq.

Process for 503

1• Governing Body Contacts Arkansas GIS, obtains clearance letter

2• Governing Body then proposes Ordinance

3

• Hearing within 60 days; 15 days prior- publish legal notice setting out description of territory proposed to be annexed; notify property owners by mail

4

• After hearing, Vote at the next regular meeting. Majority of total number of members of governing body

5• City renders services to area; Certifies copies to Co. Clerk

6• Co. Clerk records, sends to Secretary of State

7• S.o.S. Files, keeps records, forwards to any other agencies; closes loop with GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

NO Enclaves § 14-40-504.

• Whenever practicable, a city or incorporated town shall annex lands that are contiguous and in a manner that does not create enclaves.

• “enclave” = unincorporated improved or developed area that is enclosed within and bounded on all sides by a single city or incorporated town.

• Note: the definition of enclave here only applies to (b)

• Acts of 2013, Act 1071, § 1, eff. Aug. 16, 2013.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation of Surrounded Land

§ 14-40-501

• When incorporated limits of a municipality completely surround an unincorporated area, the governing body may propose an ordinance calling for annexation of the surrounded land

• This includes: incorporated limits surround on 3 sides, and fourth side is a boundary line with another state, military base, state park, national forest, lake, or river.

• If incorporated limits of 2 or more municipalities completely surround the unincorporated area

• Body with greater distance of city limits adjoining the unincorporated area’s perimeter may propose an ordinance calling for annexation

• Unless it is agreed by adjoining municipalities that another municipality

should propose calling for annexation

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation of Surrounded Land

• Ordinance must provide a legal description of the land to be annexed, and describe the services to be extended

• Unincorporated area to be annexed shall comply with the standards set forth in 14-40-302

• Exception Privately owned lakes exceeding six (6) acres of water surface which are used exclusively for recreational purposes and lands adjacent to them not exceeding twenty (20) acres in size which are used exclusively for recreational purposes in relation to the lake shall not qualify for annexation under the provisions of this subchapter.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Procedure-Annexing Surrounded Land

Public Hearing § 14-40-502.

• (a) A public hearing within 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,

• publish legal notice setting out the legal description of the territory proposed to be annexed

• notify by certified mail all the property owners within area of their right to appear at the public hearing.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Procedure for annexation § 14-40-503

• At next regularly scheduled meeting following public hearing, governing body of municipality may bring proposed ordinance up for a vote• Ordinance shall not be enacted within 51 days of a scheduled election to

consider annexing all or part of the area in question

• If majority of total members of governing body vote for the proposed annexation, a prima facie case for annexation is established. City shall proceed to render services to annexed area• Decision is final unless suit is brought in circuit court within

30 days after passage

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

DETACHMENTS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Detachment of Territory§ 14-40-1801 et seq.

Detachment of Territory Petition 1801

8. S.o.S. contacts GIS

7. Recorder sends certified copy to Secretary of State (with Municipal Boundary change form)

6. Clerk of Court certifies copy, delivers to County Recorder

5. County Court: Hearing/review, makes order

4. If Majority in favor, present to County Court

3. Election is held

2. Municipality's Council submits question to qualified electors of Municipality;

Notice given

1. Municipality contacts GIS

Alternate 1801 Process

S.o.S. receives form, contacts GIS

Clerk of Court certifies/delivers to County Recorder; Recorded and forwarded to S.o.S. with Municipal boundary change form

County shall order exclusion of territory, remit back to county

14-38-103 Hearing

City Council may Resolve to request County Court to exclude territory

Landowners can petition City Council

Landowners contact GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Detaching Territory Generallyprocedure to petition: 14-40-1801

When a municipality desires to throw any portion of the territory within its corporate limits outside of the limits, and remit it to the county, the council can submit the question to qualified electors at an election held for that purpose.

• Election shall be held after giving notice for 4 weeks by advertising in one of the papers published in the municipality, or if no paper, by advertisement in 2 of the most public places in the municipal corporation

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Election and alternate petition

• If majority of votes are in favor of throwing out (detaching) territory, the corporation presents a petition to the county court asking for a change in the territorial limits

• Hearing as prescribed in 14-38-103

• Alternatively, landowners affected can petition if territory is unimproved and uninhabited wetlands

• City council may resolve to request the county court to exclude the territory from the limits and remit it to the county. Hearing on petition: 14-38-103

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• If county court is satisfied that:• a majority of qualified electors of the corporation approve

the exclusion of the territory from city limits, • (Or alternatively that council has resolved to request territory be

excluded from the limits and remitted to the county);

• The territory to be excluded was accurately described;• That it would be proper and right to grant the petition;Then it shall make an order excluding the territory and remitting it to the county

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• Duty of Court Clerk to make a certified copy of the order and to deliver to the County Recorder• County Recorder records the order, forwards a certified

copy to the Secretary of State

• After a copy is forwarded to S.o.S, the territory ceases to be apart of the municipality

• Limits of 1st/2nd class cities shall not be reduced to an area less than they were 1/1/1872

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Detachment of unsuitable territory § 14-40-1901

Detachment of Unsuitable Territory 1901

1

•Municipality contacts GIS, obtains Clearance letter

2

• designate by Resolution that it desires to detach territory

• Certifies copy, files with County Court

3• County schedules Hearing, publishes notices

4

• Hearing: If Court satisfied, makes order excluding designated area/territory

5

• Clerk of County certifies copy of order to Recorder

• Also forwards copy to Secretary of State with Boundary Change form

6• S.o.S. contacts GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Unrecognized Areas

• If for any reason it appears on S.o.S. records that official corporate limits of any city/town have included an area/territory that has not been recognized by city/town officials and assessed for taxation as part of the city for more than 10 years

• and has not been legally detached

• Then the city/town may designate and detach by resolution any portion of the area/territory which it believes is unsuitable for urban development and no longer necessary for corporate purposes, and can retain the remainder of the territory.

• Certified copy of resolution shall be filed with the County Court (County where the city is located, or where area affected is), together with a petition that a hearing be held by the court to determine whether the portions of the area shall be excluded from city limits.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Procedure (§ 14-40-1902)

• Upon filing petition• Court shall set the hearing date, not less than 15 days or

more than 30 days after the first publication of notice of filing the petition.

• Notice of the filing shall be published once a week for not less than 2 weeks in a newspaper of general circulation in the town.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Procedure pt. 2

• After hearing the petition, if the court is satisfied that

• the area has not been recognized

• has not been assessed for taxation as part of the city for more than 10 years

• is no longer suitable for urban development

• the territory to be excluded is accurately described

• the welfare of inhabitants and property owners affected will be best served

• Then it shall make an order excluding the designated area/territory described in the petition, or portions of it (which goes back to the county)

• The County Clerk shall certify a copy of the order to the County Recorder, who then forwards a certified copy to S.o.S.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Landowners obtaining municipal services§ 14-40-2001 et seq.

Landowners obtaining municipal services

1• Landowner/s file statement listing services sought with municipality; copy to Circuit Clerk

2• Municipality has to make commitment in 30 days; take steps in 180 days: copy to Circuit Clerk

3

• If municipality fails to do either, Landowner may request annexation of land into other municipality; Copy to Circuit Clerk.

• Contact GIS at or before this step to obtain a clearance letter

4• Municipality makes ordinance/resolution/motion to commit to make services available and approval of request;

copy to Circuit Clerk

5

• If new municipality fails to take steps in 180 days, Annexation is VOID

• If steps not taken by New Municipality after 12 months, then detachment and annexation are VOID

6

• Unclear because no provision in code. File with County, record, provide certified copies to Secretary of State, along with Municipal Boundary change form.

• S.o.S. then contacts GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

General: Filing § 14-40-2005

• 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.• The circuit clerk shall establish a system of filing for these matters

• The circuit clerk's file shall be considered the official record of all matters and proceedings under this subchapter.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Creating “Splits” or “Islands”

• For this subchapter (§ 14-40-2001 et seq.) only• Municipalities cannot be split in half or have any of its

land separately encircled, creating an “ISLAND” of that city within boundaries of another city

• Any detachment and annexation occurring that creates a split or island is VOID

• All properties return to original municipalityProblembecause this is automatic

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexation into Adjoining Municipality§ 14-40-2002

• Land annexed pursuant to this section is not eligible for reannexation for 2 years 14-40-2002(c)

• Applies to residential, commercial, industrial, unimproved land. 2002(d)

• “services” means electricity, water, sewer, fire protection, police protection, drainage and storm water management, or any other offering by the municipality that materially affects a landowner's ability to develop, use, or expand the uses of the landowner's property.

• Any landowner/group of landowner seeking additional municipal services can detach from the municipality it is located and annex into another bordering municipality

• Municipality where land is located must have opportunity to provide services

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Procedures § 14-40-2002

• Landowner files statement w/ municipality

• List additional services sought

• State that the municipality is not providing services necessary to create improvements, provide employment, subdivide, or maximize use and value of property

• The land must compose one area contiguous to another municipality

• The additional services are available in the other municipality

• The municipality is requested to take substantial steps within 180 days after filing the statement toward providing the additional services

• Within each 30 day period after to continue taking steps to demonstrate consistent commitment to provide the service within a reasonable time

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Pt 2

• Municipality makes a commitment, which must be made in writing to the landowner within 30 days of filing the statement, or the landowner may seek to detach and annex into another municipality

• Landowner must take appropriate steps to make land accessible to the service and comply with reasonable requests from the municipality necessary to provide the service/s

• Landowner may detach and request annexation into the other municipality if:

• Municipality fails to execute commitment w/in 30 days of filing the statement

• Or the municipality fails to take action

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Pt 3

• Land shall be annexed into the other municipality if:

• After request by landowner/s, the governing body indicates by ordinance, resolution, or motion its commitment to make the services available and approves annexation

• Annexation shall be void and land returned to the original municipality if the annexing municipality fails to take substantial steps within 180 days of passing the ordinance/resolution/motion (part (B)(i) is very murky at the end)

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Pt 4

• Landowner must take appropriate steps to make land accessible to service

• If requested services are not available within 12 months after acceptance by annexation into another jurisdiction, or substantial steps are not taken to make services available,

• Annexation is void and all property returned to original jurisdiction

• Problem because it is automatic

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

• Hearing in Circuit Court for appeals• Petition must be brought no later than 20 days after

adoption/rejection of ordinance, resolution, or motion. See § 14-40-2004

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Problem (Under § 2001 et seq.)

• if inhabitants were annexed into a city/inc. area

• and then detach from a city or incorporated area

• and that city or incorporated town determines that scheduled services are available or became available to the detaching inhabitants

• the inhabitants shall AUTOMATICALLY be detached and annexed back into the original city/incorporated town

• after 180 days following the date the schedule of services became available to the inhabitants and the inhabitants have not used the services

Act 882 of 2015

Simultaneous Detachment/Annexation 2101

1 • Governing body desiring to detach contacts GIS, obtains Clearance Letter

2 • Governing body (1) desiring to detach & annex proposes the Ordinance

3 • (1) Votes on ordinance

4 • Municipality (1) sends ordinance to the governing body of the other municipality (2)

5• Municipality (2) publishes notice of hearing and conducts hearing

• Next meeting after hearing, vote is held

6• If majority of governing body approve, clerk/recorder of annexing city certifies Plat,

Ordinance to the County Clerk

7 • County Clerk forwards copy to S.o.S. along with Municipal Boundary change form

8 • S.o.S. contacts GIS

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Special rules

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

EXTRA: Special Rules for Annexations

• The limits of 1st and 2nd class cities shall not be reduced to an area less than they were 1/1/1872• 14-40-1803

• After annexation, services must be provided w/in 3 years (§14-40-303 and § 14-40-606)

• Annexation proceedings cannot begin if there are pending services not provided in 3 years

• (§ 14-40-2201 & 2202)

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Special rule: Contiguous Territory

• The council of any incorporated town/2nd class city shall have the power to annex the territory by ordinance, passed and published in manner provided by law for passing and publishing ordinances

• If county has two levying courts OR population is between 13,250 – 14,000 according to most recent federal census

• Where the territory contiguous to the county seat needs fire, police, water, sanitation

§ 14-40-201.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Special Rule: AnnexingMultiple Judicial Districts

Any county with more than 1 judicial district (w/ separate levying/quorum court in each) may annex if:

• Lands in one district are annexed to a city/town in another district and become part of that city

• Any annexed lands become part of the same district where the city/town is located

• County Court of the city/town’s district has jurisdiction (appeals go to Circuit Court)

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Territory near State Park 14-40-205

• State Annexation laws do not apply to • Areas within ½ mile of the boundary of any state park in

counties with a population over 350,000

• Unless exceptions apply

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Territory near State Park

• Any contradictory County Court order issued after August 1, 1997 is void.• But orders concerning the area on the opposite side and

south of an existing railroad right of way from a state park are valid.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Annexing Municipal Territory14-40-208 (a)

• If a municipality states its intent by resolution or ordinance

• to annex a specifically defined territory or portion of the territory over which it is exercising territorial jurisdiction under § 14-56-413,

• the municipality shall initiate annexation proceedings within five (5) years of the stated intent.

SECRETARY OFSTATE

MARK MARTIN

LEGAL DIVISION

(501) 682-3401

Limitations on Annexing Territory

• During that 5 years, municipality may continue exercising its territorial jurisdiction

• If no annexation proceedings are initiated for specified territory within 5 years, the municipality is prohibited from exercising territorial jurisdiction over that specific territory for the next 5 years.