LegalFix

§ 14-92-204. Hearing prior to filing petition to form district

AR Code § 14-92-204 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 14-92-204. Hearing prior to filing petition to form district