§ 14-38-104 — Order of incorporation - Transcript

(a) The county court shall make out and endorse on the petition an order to the effect that the city or incorporated town as named and described in the petition may be organized if the court shall be satisfied after hearing the petition that: (1) The greater of either two hundred (200) or a majority of the qualified voters residing within the described territory have signed the petition; (2) The limits have been accurately described and an accurate map or plat of the limits made and filed; (3) The name proposed for the city or incorporated town is proper and sufficient to distinguish it from others of like kind in the state; and (4) Moreover, that it shall be deemed right and proper in the judgment and discretion of the court that the petition shall be granted. (b) (1) The order shall be signed and delivered by the court, together with the petition and the map or plat, to the recorder of the county, whose duty it shall be to record it as soon as possible in the proper book or records and to file and preserve in his or her office the original papers, having certified thereon that it has been properly recorded. (2) It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record. The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate thereon that a similar transcript has been forwarded to the Secretary of State as provided by this section.

Legislative History

Acts 1875, No. 1, § 37, p. 1; C. & M. Dig., § 7666; Pope's Dig., § 9788; A.S.A. 1947, § 19-103; Acts 1995, No. 299, § 1; 2001, No. 1233, § 3.