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2005 Arkansas Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagar0005 and id is 1 raw text is: Mp V THE ATTORNEY GENERAL STATE OF ARKANSAS MIKE BEEBE Opinion No. 2005-140 July 1, 2005 The Honorable Shirley Borhauer State Representative 23 Kenilworth Drive Bella Vista, AR 72714-4528 Dear Representative Borhauer: I am writing in response to your request for my opinion concerning the validity of certain documents in connection with a petition for an election on the question of incorporation pursuant to Act 1237 of 2005. You have provided a copy of a sample petition cover sheet and signature page, and you have presented the following question: Are the attachments (petition cover sheet and example of petition signature page) correct according to the new Act 1237? RESPONSE I must emphasize as an initial matter that I have no authority to determine the sufficiency of, or to approve, such a petition. The act appears to entrust this matter to the county judge. This opinion is therefore necessarily limited to a review of the statutory requirements as they pertain, in relevant part, to a petition under this new act. In this regard, the documents you have submitted appear to contain the statutorily required elements as to the form of a petition for an election on the issue of incorporation pursuant to Act 1237. Again, however, as indicated above, the formal, completed petition will be subject to the review and independent determination of the county judge. Act 1237 of 2005 amended Arkansas Code Title 14, Chapter 38 to add a new Code section, A.C.A. § 14-38-115, that offers an alternative method for incorporating a 323 CENTER STREET, SUITE 1100 e LITTLE ROCK, ARKANSAs 72201 TELEPHONE (501) 682-2007 * FAX (501) 682-8084 INTERNET WEBSITE * http://www.ag.state.ar.us/

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