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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 . -2- 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