5656 rr" _
i RESOLUTION NO. 5,656
A RESOLUTION RECOMMENDING TO THE GENERAL ASSEMBLY
OF THE STATE OF ARKANSAS THAT IT PASS LEGISLATION
AUTHORIZING MUNICIPALITIES OF THE FIRST AND SECOND
CLASS TO IMMEDIATELY EXTEND ITS ZONING JURISDICTION
INTO ANY ANNEXED AREA IMMEDIATELY UPON APPROVAL BY
THE VOTERS OF ANY ANNEXATION ORDINANCE ANNEXING
LANDS TO THE MUNICIPALITY; AND FOR OTHER PURPOSES .
WHEREAS , under the present statutes of the State of Arkansas ,
namely Act 379 of the Acts of 1969 , a City of the first or second
class may not fix or prescribe any zoning control or zoning authority
over the use of lands lying outside the corporate limits of such city;
and
WHEREAS , Cities of the first and second class find it necessary
from time to time to annex large areas of land contiguous to its
boundaries for the health, safety and welfare of its citizens ; and
WHEREAS , under the present laws providing for annexation of
contiguous lands , after the question of annexation has been submitted
to the qualified electors of the City and of the area to be annexed
and is approved by them, and a description and map filed with the
County Clerk and Secretary of State , the annexation shall become
effective thirty (30) days thereafter unless an action is filed in
the Circuit Court in which event the annexation becomes final on the
date the judgment of the Court becomes final; and
WHEREAS , often an appeal is taken from the judgment of the
Circuit Court approving said annexation causing considerable delay in
the final determination of the affectiveness of the annexation
ordinance. Under these circumstances considerable confusion results
in the power of cities to exercise its zoning regulations within the
annexed area for an extended period of time after the election approving
annexation all to the detriment of the health, safety and welfare of
the citizens of the city and the annexed area.
NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS .
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SECTION 1. That a recommendation be forwarded to the appropriate
authority of the General Assembly of the State of Arkansas recommending
that appropriate legislation be passed clarifying and authorizing
cities, under circumstances of annexation, to immediately exercise
their jurisdiction of zoning and land use planning over the annexed
territory immediately following the approval by the electors of an
annexation ordinance and in the event an action is filed with the
Circuit Court and such annexation is approved by the Circuit Court, the
city be allowed to extend its zoning regulations and land use planning
regulations and have jurisdiction of planning and zoning over the entire
annexed area immediately thereafrer irrespective of any appeal to the
Supreme Court of Arkansas .
SECTION 2 . The City Manager of the City of Little Rock is hereby
directed to convey to the appropriate authorities of the General Assembly
of the State of Arkansas this recommendation of the Board of Directors
of the City of Little Rock together with a copy of this Resolution.
SECTION 3 . This Resolution shall be in full force and effect
from and after its adoption.
ADOPTED: January 26, 1977
ATTEST: �iiZQ� APPROVED:
City Cler Mayor