Historical Record of Path to Incorporation for Diamondhead Community, Arkansas
February, 2022
A Diamondhead community Town Hall meeting was conducted discussing the pros and cons of incorporating Diamondhead in order to receive Arkansas State turnback funds. Judge Dennis Thornton, (Hot Spring County), attended the Town Hall meeting and answered questions on city-hood viability and the financial tax and grant opportunities for Diamondhead in becoming a municipality in the State of Arkansas.
At that Town Hall meeting, the attending Diamondhead residents (approx. 100 attendees) raised hands indicating support for an Incorporation Committee to be formed to research the pros/cons of incorporating. Eleven community members joined the Incorporation Committee to conduct research.
July, 2022
A second community Town Hall meeting was conducted to present the findings of Incorporation Committee research to the residents. This meeting was broadcast LIVE via the Diamondhead Facebook page and the link to the recording was posted.
At that meeting, the Petition Process to vote Yes or vote No to incorporate was announced and the Incorporation Committee kicked off the effort to gather Signed Petitions. The Petition forms provided both “YES” and “NO” checkboxes.
Petition Signing Booths were set up on a multitude of dates at the Main Gate and South Gate entrances and exits. Petition Signing Booths were also set up numerous dates in Clubhouse Parking Lot, outside of Community Annual meetings, at the Community Fall Festival, at the parking lot for the Garland County voting location closest to Diamondhead on Election Day, at the Diamondhead MarketPlace parking lot, etc.
POA Contact messaging was used to communicate with the residents the date/time of each Petition Signing Booth, as well as messaging on community Facebook pages. Multiple informational Fact Sheet letters were sent via U.S. Postal Service, with contact information for the reader to receive the 19-page Fact Document with financial documentation and corresponding government information links.
Door-to-door canvassing took place throughout the community. Contact information for the Incorporation Committee members was also provided for one-on-one discussions and meetings with residents to discuss incorporation pros/cons.
The first Petition Form used, pre-viewed by Legal Counsel, included incorporation references for both the Garland County side and Hot Spring County side of Diamondhead Community on the Petition Form.
2023
When 51% majority of signed YES petitions were obtained from BOTH the Garland County registered voters and the Hot Spring County registered voters, the separate County signed petitions, plus supporting documents, were filed respectively with both County Clerks.
Supporting Incorporation Documents submitted to each County included**:
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Diamondhead Plat
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Garland County Registered Voter List Excel filename – for Garland County Clerk
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Hot Spring County Registered Voter List Excel filename – for Hot Spring County Clerk
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Copy of current Legislation 14-38-101 Petition for Incorporation with Mr Howard’s (Garland County Attorney) markings
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Copy of Resolution 4880
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City Seal image
March 15th, 2023
Hot Spring County Judge Dennis Thornton conducted a hearing regarding incorporation of the Hot Spring County side of Diamondhead. Citing the fact that the Hot Spring County registered voter side of Diamondhead is a smaller count than the Garland County registered voter side, the Judge opted to defer the Hot Spring County incorporation decision until the Garland County incorporation had been determined by Garland County Judge Mahoney.
June 14th, 2023 (rescheduled by Garland County from April 6th, 2023)
Garland County Judge Darryl Mahoney conducted a hearing regarding incorporation of the Garland County side of Diamondhead. Diamondhead Incorporation Committee members Ms. Bennie Prince and Mr. Byron Efird represented the community for incorporation and testified during the hearing. Legal Counsel for the Incorporation Committee also testified. There was no legal representation, nor testimony, from any opposing party, although at the end of the hearing, the Judge allowed public commentary, both pro and con, from the attendees in the gallery.
July 24th, 2023
Judge Mahoney’s review of the case and supporting documents led to a decision to “Deny Incorporation”, citing two issues:
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The Petition Form used included references to both Hot Spring County and Garland County land parcels and registered voters. Judge Mahoney would not rule on a case that included another County on the form.
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The Proposed Incorporation Land map had been provided by historic Diamondhead legal description. The statutes required that the Proposed Incorporation Land map be provided by the Arkansas Geographic Information Systems (GIS ) Office.
The Judge’s initial Denial decision was conveyed to the Diamondhead Community.
August, 2023
The Incorporation Committee reconvened and, with Legal Counsel guidance, decided to pursue a path of incorporating ONLY the Garland County side of Diamondhead first to form the City, with the subsequent plan to annex the Hot Spring County side after the municipality was granted.
The Incorporation Committee created a new Garland County Petition Form, removing all references to Hot Spring County. An official Land Map was obtained from the Arkansas GIS office and attached to the petition Form. The revised Garland County Petition form provided both “YES” and “NO” checkboxes.
The Committee again held community meetings, set up Petition Signing Booths, sent postal mailings, canvassed door-to-door to the Garland County registered voters to “re-sign the Incorporation petition form for Garland County residents only.
December 29th, 2023
When a minimum of 51% majority of signed YES petitions were obtained from the Garland County registered voters, those signed petitions, plus supporting documents, were filed with the Garland County Clerk.
657 – Garland County Registered voters residing in Diamondhead
336 – 51% required majority on Incorporation signed petition “FOR”
355 – Signed Affirmative Incorporation petitions by Garland County Diamondhead residents submitted
Supporting Incorporation Documents submitted to Garland County included**:
Appendix A - Updated Responses to the points in Statute 14-38-101 Petition for Incorporation
Appendix B - Judge Darryl Mahoney Order of Hearing (July 24, 2023)
Appendix C - Responses to the Order of Hearing Point, plus correspondence to Arkansas Secretary of State office staff regarding obtaining financial forecasting information (Staff replied via phone)
Appendix D - New List Garland County Registered Voters in Diamondhead, provided by Garland County Clerk’s Office on September 11, 2023
Appendix E - Mr. John Howard Garland County Attorney pencil marking
Appendix F - Correspondence from ML Attorney Lanny Richmond to B. Prince
Appendix G - Correspondence from ML Attorney Lanny Richmond to Byron Efird
Appendix H - Correspondence from ML Attorney Blake Gary to Byron Efird
Appendix I - Garland County Petition form with legal description of proposed territory to be incorporated, with the GIS Map of the Proposed Incorporation area of Garland County within the Diamondhead community
Appendix J - Arkansas Geographic Information Survey (GIS) Coordination Requirement confirmation Letter
Appendix K - Arkansas Department of Transformation and Shared Services October 9, 2023, letter confirming the Department’s estimation of population within the Garland County section of Diamondhead Community
Appendix L - Garland County planning territorial jurisdiction
Appendix M - City of Hot Springs to Incorporation resolution #4880
Appendix N - Proposed "City of Diamondhead” seal
Appendix O - List of Community Outreach Activities to inform Residents of Incorporation Facts and Process, plus Incorporation Status Update Packet to Community as of September 27th, 2023. Fact-Research Funding Document provided to community
Appendix P - Boxed up 355 NEW Garland County Petitions submitted on 12/28/2023
February 13th, 2024
Garland County Judge Darryl Mahoney conducted a hearing regarding incorporation of the Garland County side of Diamondhead. Again, Diamondhead Incorporation Committee members Ms. Bennie Prince and Mr. Byron Efird represented the community for incorporation and testified during the hearing. Legal Counsel for the Incorporation Committee also testified. There was no legal representation, nor testimony, from any opposing party, although at the end of the hearing, the Judge allowed public commentary, both pro and con, from the attendees in the gallery.
March 1st, 2024
Judge Mahoney’s review of the case and supporting documents led to a decision to “ALLOW Incorporation” into a municipality of the Garland County side of Diamondhead Community.
March 25th, 2024
Diamondhead primary developer, Mark Lane of Omni Enterprises, filed a personal Complaint with Garland County, objecting to the granting of Cityhood by Garland County Judge Mahoney on March 1st, 2024. Mr. Lane filed as a representative of himself, not representing Omni Enterprises.
July 18th, 2024
Circuit Court Judge Ralph Ohm conducted a hearing regarding Mr Lane’s personal objection to granting of incorporating the Garland County side of Diamondhead. Again, Diamondhead Incorporation Committee members Ms. Bennie Prince and Mr. Byron Efird represented the community for incorporation and testified during the hearing. Legal Counsel for the Incorporation Committee also testified. Mr Lane spoke at the hearing but chose not to give sworn testimony.
Mr. Lane lost his Complaint. Judge Ohm upheld the granting of incorporation for the Garland County side of Diamondhead.
November 5th, 2024
The first officials of the City of Diamondhead were elected by the Garland County registered voters residing in Diamondhead. The positions elected were Mayor, Recorded/Treasurer, Council Positions 1-4.
No Garland County registered voter, residing in Diamondhead, filed for Council Position 5.
Initially, the Council Positions are “at large”, meaning the person in the position does not need to reside within a particular area of the Garland County side of Diamondhead. After “wards” are established and certified, Council Positions need to be filled by a Garland County resident within their own ward.
December, 2024
The first officials of the City of Diamondhead were sworn into office.