Current as of January 01, 2020 | Updated by FindLaw Staff
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(a)(1) At the time named in the notice the city or town council shall meet and hear all persons who wish to be heard upon the question whether two-thirds ( 2/3 ) in assessed value of the owners of real property within the original district and two-thirds ( 2/3 ) of the owners within the territory to be annexed have signed the petition.
(2) If it finds that two-thirds ( 2/3 ) of the property owners in the original district and in the annexation each have so signed, they shall declare the fact by an ordinance.
(b) In the ordinance, they shall annex to the original district the territory described in the petition and notice. They shall authorize the commissioners to proceed with the work of improvement as contemplated in their plans and to borrow the funds necessary for the purpose in the same manner as they were authorized to borrow money for the making of the original improvement.
(c) The finding of the council shall be conclusive unless, within thirty (30) days from publication of the ordinance, suit is brought in the chancery court to set it aside.
(d)(1) The council and chancery court in their finding shall be governed by the record of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.
(2) They shall also be governed by the value placed upon the property as shown by the last county assessment on file in the county clerk's office.
(e) The ordinance shall be substantially in the following form:
“AN ORDINANCE PROVIDING FOR REPAIRS, REPLACEMENTS, IMPROVEMENTS OR EXTENSIONS OF THE WATERWORKS (OR ELECTRIC LIGHT PLANT OR SEWER) OF ․․․․․․․․․․ DISTRICT NO.․․․․․․․․․․ OF THE CITY (OR TOWN) OF ․․․․․․․․․․
“WHEREAS, a petition has been presented to the City (or Town) Council of the City (or Town) of ․․․․․․․․․․, purporting to be signed by parties constituting two-thirds in assessed value of the real property in the said ․․․․․․․․․․ District No. ․․․․․․․․․․, and in the territory hereinafter described, sought to be annexed thereto, each taken separately, and praying that the repairs, replacements, and improvements on extensions be made; and
“WHEREAS, notice of the filing of said petition has been duly given as required by law, and a hearing has been duly had thereon as the law requires, and at said hearing it was ascertained that a two-thirds in assessed value of the owners of real property within the said district as heretofore established, and a two-thirds in assessed value of the owners of real property in the territory hereby annexed, have signed said petition:
“NOW, THEREFORE, BE IT ORDAINED BY THE CITY (OR TOWN) COUNCIL OF THE CITY (OR TOWN) OF ․․․․․․․․․․:
“Section 1. The commissioners of said ․․․․․․․․․․ District No.․․․ are hereby authorized to make the repairs, replacements, improvements or extensions of the waterworks (or electric light plant or sewers) of said district, shown in their plans on file with the city (or town) Clerk (or Recorder), and to borrow money for that purpose, and may extend the said ․․․․․․․․․․ into the adjacent property hereinafter described.
“Section 2. The following described property, to-wit.
(Here describe the property)which is adjacent to the said district as heretofore laid out, will be benefited by the proposed repairs, replacements, improvements or extensions of the said ․․․․․․․․․․ and said territory is hereby annexed to the said ․․․․․․․․․․ Improvement District No. ․․․, and shall hereafter constitute a part thereof.
“Section 3. This ordinance shall take effect and be in force immediately after its passage.”
Cite this article: FindLaw.com - Arkansas Code Title 14. Local Government § 14-91-502. Hearings--Ordinance - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-14-local-government/ar-code-sect-14-91-502/
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