Current with legislation from 2024 Fiscal and Special Sessions.
Section 14-40-102 - Effective date of annexation, consolidation, or detachment required(a)(1) An annexation, consolidation, or detachment action that affects territory under this chapter shall include in its ordinance or resolution the date upon which the annexation, consolidation, or detachment is considered final.(2) An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes.(b)(1) The date specified in the ordinance or resolution is the official effective date of the annexation, consolidation, or detachment.(2) An amendment to the ordinance or resolution shall carry its own effective date or modification of the effective date.(3) An amendment that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date of the amendment for all purposes.(c)(1) If a municipality initiates an annexation, consolidation, or detachment action under § 14-40-204 or § 14-40-501, the effective date shall be specified.(2) An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes.(d) The effective date specified in an ordinance or resolution issued under this chapter is the official effective date to be used by any county or state official charged with recording, forwarding, maintaining, or instituting the ordinance or resolution.(e)(1) In the event of a circuit court challenge to a county court order approving a municipal boundary change under this chapter, the final order of the circuit court shall specify a change to the effective date, if any.(2) In the absence of a specific attestation, the municipally designated effective date is the effective date.Added by Act 2017, No. 653,§ 2, eff. 3/27/2017.