ORDINANCE NO. 1558

AN ORDINANCE RESCINDING PRIOR APPROVAL OF THE RECORDED PLAT OF TANGLEWOOD SUBDIVISION
LOCATED OUTSIDE THE CORPORATE LIMITS OF THE
CITY OF HARRISON, ARKANSAS AND ACKNOWLEDGING THE TERMINATION OF THE CITY'S EXTRATERRITORIAL PLANNING JURISDICTION

WHEREAS, the City of Harrison, Arkansas "City" formerly exercised municipal planning
and subdivision jurisdiction over certain territory located outside the corporate limits of the City pursuant to the extraterritorial planning authority then provided by Arkansas law; and
WHEREAS, while such extraterritorial planning authority was in effect, the City of Harrison
Planning Commission reviewed and approved a subdivision plat identified as Tanglewood
Subdivision, more particularly described in Exhibit "A"attached hereto and incorporated herein by reference (the "Plat"); and
WHEREAS, a copy of the recorded plat is attached hereto as Exhibit "B" and incorporated
herein by reference; and
WHEREAS, the Plat was approved by the City Planning Commission on or about June 25, 1996; and
WHEREAS, the Plat is located outside the present corporate limits of the City and within
unincorporated Boone County, Arkansas; and
WHEREAS, the Arkansas General Assembly enacted Act 314 of 2025, which repealed the
statutory authority of municipalities to exercise territorial planning and zoning jurisdiction
outside their corporate limits and thereby terminated municipal extraterritorial planning
jurisdiction; and
WHEREAS, as a result of Act 314 of 2025, the City of Harrison no longer possesses municipal planning or subdivision jurisdiction over the property upon which the Plat is located; and
WHEREAS, the City Council desires to formally recognize the termination of the City's former jurisdiction over the property and to rescind and withdraw any continuing municipal approval, authorization, certification, or other municipal action relating to the Plat to the extent such action purports to constitute an exercise of municipal planning or subdivision jurisdiction over property outside the City's corporate limits; and
WHEREAS, the City Council further desires to make clear that this Ordinance is not intended to constitute an assertion of continuing extraterritorial jurisdiction by the City, nor is it intended to determine ownership of private property, title to property, the validity of recorded instruments, or the rights of any property owner or other person under state or county law; and

WHEREAS, any subsequent approval, amendment, vacation, replatting, or other land-use action concerning the property shall be undertaken by the governmental authority having jurisdiction over the property under applicable Arkansas law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HARRISON, ARKANSAS:
Section 1 - Identification of Plat: The subdivision plat addressed by this Ordinance is
identified as Tanglewood Subdivision as described in Exhibits "A" and "B" of this Ordinance
and recorded in the Office of the Circuit Clerk and Ex Officio Recorder of Boone County,
Arkansas in Plat Cabinet A, Sleeve 220.
Section 2 -Recognition of Termination of Extraterritorial Jurisdiction: The City Council
hereby recognizes that the City no longer possesses statutory authority to exercise municipal planning, zoning, subdivision, or plat-approval jurisdiction over the property described in Exhibit "A" because the property is located outside the corporate limits of the City. The City's former extraterritorial planning jurisdiction was terminated by Act 314 of 2025 enacted by the Arkansas General Assembly.
Section 3 - Recession and Withdrawal of Prior City Approval: The City Council hereby
rescinds and withdraws, to the fullest extent permitted by law, the City&'s prior approval,
authorization, certification, or other municipal action approving the Plat identified in Section 1. Nothing contained herein shall be construed as an assertion by the City that it presently possesses jurisdiction over the property.
Section 4 - Effect on Recorded Plat: This Ordinance shall not, by itself, be construed as an
instrument purporting to erase, cancel, or otherwise remove the recorded Plat from the public land records. Any vacation, abandonment, alteration, or other modification of a recorded plat or any public street, alley, roadway, easement, dedication, or other interest shown thereon shall be
accomplished in accordance with the procedure and by the governmental authority having
jurisdiction under applicable Arkansas law.
Section 5 - No Continuing City Jurisdiction: Following the effective date of this Ordinance,
the City of Harrison shall not exercise planning, zoning, subdivision, plat-approval, or other
land-use regulatory authority over the property identified in Exhibit "A" solely by reason of the
City's former extraterritorial planning jurisdiction. Nothing in this Ordinance shall prevent the City from exercising any authority expressly granted to it by state law over matters that are otherwise within the City's lawful jurisdiction.
Section 6 - Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication or other lawful promulgation as required by Arkansas law.

Ordinance 1558 Page 3 of 2
PASSED AND ADOPTED THIS 8th day of October, 2026.

CITY OF HARRISON, ARKANSAS

BY:

JERRY JACKSON, MAYOR

ATTEST:
JAMES L. WHITE, CITY CLERK

The Harrison Administration Department paid for publishing this ordinance at a cost of $230.25

CERTIFICATE

The undersigned, City Clerk of the City of Harrison, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Ordinance No. 1558, passed at a regular session of the City Council of the City of Harrison, Arkansas, held at the regular meeting place of the City Council at 6 p.m. on the 8th day of October, 2026, and that the Ordinance is of record in the Ordinance Record Book now in my possession. Exhibits A and B are on file with the Boone County Circuit Clerk's Office at Instrument No. 2026006236
GIVEN under my hand and seal this 8th day of October, 2026.

_________________________
James L. White, City Clerk