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Hochatown Incorporation

Official Voter Certification Report

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ESTABLISHED 1835 * INCORPORATED 2022

HOCHATOWN, OKLAHOMA

Hochatown, Okla.- On Tuesday, November 8, 2022 Hochatown residents voted overwhelmingly in favor of the ballot question proposing the incorporation of their community.  McCurtain County Election Board Secretary Kelly Donaldson has certified the result of the election as 129 votes in favor of incorporation and 18 votes against.  

The final certification was made by McCurtain County Commissioner's Resolution, November 28, 2022.

According to Oklahoma state law, “If a majority of the votes cast are in favor of incorporation as a town, the board of county commissioners shall, within twenty (20) days after receiving the result of the vote, issue an order declaring that the town has been incorporated and naming the date for the election of town officers.  The territory shall, from the date of the commissioners’ order, be deemed a body corporate and an incorporated town.”  Any registered voter currently residing within the town limits is eligible to become a candidate for one of the five initial town officers’ seats.  Due to the statutory periods of public notice required in Oklahoma, the initial election of town officers cannot be conducted until February 2023, at the earliest.  The McCurtain County Election Board will oversee the initial election.

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Media Center

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Storms can't keep Hochatown down; booming tourist spot votes to become an actual town.

November 8, 2022

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Hochatown to get November incorporation vote

SW Ledger
August 23, 2022

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Will Hochatown be Oklahoma's newest municipality? Residents will finally vote to decide

Oklahoman
August 23, 2022

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McCurtain County commissioners appear to misrepresent proceedings in Hochatown incorporation lawsuit

Southwest Ledger 
July 19, 2022

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Hochatown lawsuit before Supreme Court heads to district court too

The Oklahoman
July 19, 2022

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Water quality and fire danger are hot topics in hopping Hochatown

The Oklahoman
July 1, 2022

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Hochatown Residents Ask Supreme Court to Intercede in Incorporation Fight

SW Ledger
June 22, 2022

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Hochatown looks for help from Oklahoma Supreme Court in fight for municipal incorporation

The Oklahoman
June 24, 2022

Woman Walking in Forest

Forestry experts concerned by Hochatown's lack of fire services.

SW Ledger
June 21, 2022

Wild Forest Fires

Fearing for public safety and lost revenues, Hochatown residents fight for incorporation

The Oklahoman
June 6, 2022

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Choctaw Landing announced by CNO

ChoctawNation.com
June 3, 2022

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2022 Vacation Homes of the Year

Lifehacker
June 1, 2022

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VRBO says cabin in Hochatown one of the best.

The Oklahoman
May 27, 2022

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Attempts to Incorporate booming Hochatown hits a snag

The Oklahoman
May 19, 2022

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What's in a name?

The Oklahoman
April 1, 2022

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Where is Hochatown on incorporation?

Southwest Ledger
March 24, 2022

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The battle for Hochatown

Southwest Ledger
March 22, 2022

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Choctaw Nation to Develop Resort in Hochatown.

Casino City Times
Jan 14, 2022

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Rising like Bigfoot, Hochatown takes big steps toward Incorporation.

The Oklahoman
March 7, 2022

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Could Hochatown be the next Branson?

The Oklahoman
Feb. 14, 2022

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With Maui? Wowie! Hochatown, Broken Bow make list for top investment

The Oklahoman
Feb. 21, 2022

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259 Upgrades on the Way!

Oct 4, 2021

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Yahoo takes "Oklahoman" story national: With Maui? Wowie!

Feb 21, 2022

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5 reasons why Broken Bow has become the Hamptons of North Texas

The Local Profile
December 8, 2021

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Hochatown: Southeast Oklahoma’s unlikely tourism hub

Non Doc
November 23, 2020

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Hochatown Community Avoids Strip Annexation by Broken Bow

Pulse Multimedia
July 17, 2019

Traffic Lights

Highway 259 Traffic Study

ODOT 2018

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Annexation Prompts Land Dispute

Oklahoman
April 8, 1993

 

HOCHATOWN INCORPORATION PRESS PHOTOS

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Hochatown Podcast

Featuring Area News, Events & People.

Hosting Hochatown.heic
 

NEWS RELEASE

FOR IMMEDIATE RELEASE

July 26, 2022
Contact: Shellye Copeland
(940) 600-2713 cell
MichellaCopeland@gmail.com
Hochatown360.com

Hochatown files additional lawsuit in District Court (Case #CV-22-97)

Idabel, Okla.- As indicated by counsel last week, petitioners for Hochatown have moved forward and filed legal documents in McCurtain County District Court to compel the McCurtain County Board of Commissioners to act on the communities’ Petition for Incorporation.

Today’s filing is in addition to Hochatown’s legal request, July 19, 2022, in Oklahoma City asking the Oklahoma Supreme Court to assume original jurisdiction to hear the case. Hochatown’s Attorneys Liz George and Bob Burke indicated then they would file both places to “cover all the bases.”


State law requires the County Commissioners to determine, within thirty (30) days after a Petition for Incorporation is presented, if the petition has complied with the law that governs incorporation of towns. If the petition is sufficient, the commissioners shall call a special election and put the issue on the ballot and allow Hochatown residents to vote.


The Board of McCurtain County Commissioners is more than 90 days delinquent. 
Hochatown delivered a Notice of Intent to Incorporate to Commissioners on March 24, 2022.  

The Oklahoma Tax Commission has estimated that as much as $800,000 in municipal tax revenue is being lost for each month that the commissioners delay calling a special election for the voters in Hochatown. It is estimated that 25,000 people are in the Hochatown area each weekend increasing the public safety risk because of the lack of adequate law enforcement and full-time fire protection. 

”The residents of Hochatown deserve the right to determine their own destiny. If they want to incorporate as a town and provide basic municipal services to residents and businesses, no one should stand in their way. The law says the commissioners SHALL determine the sufficiency of the Petition for Incorporation. It is not a discretionary duty, it is an absolute duty. That is why we are asking the Oklahoma Supreme Court and the District Court of McCurtain County to order the commissioners to fulfill their statutory duty and act,”  said Burke.


PHOTO by Brad Box: Pictured (Petitioners for Hochatown) Todd McDanial, Dian Jordan, Chad Sargent. Sargent stated, “This is history in the making and another step forward in our efforts to allow Hochatown residents to have the kind of municipal services that help keep folks safe.”

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Joint Statement

Bob Burke and Lysbeth George, council for Petitioners (Hochatown)
Following the July 19, 2022 Hearing.
OK Supreme Court Case #120520

For four months the McCurtain County Board of County Commissioners has thrown up a roadblock for the people of Hochatown who want to incorporate as a town. And, the commissioners' lawyer, in a hearing today before a Referee of the Oklahoma Supreme Court, asked for further delay. The Commissioners want the Supreme Court to refuse to hear the case and instead have the District Court of McCurtain County decide the issue. Representatives of residents of Hochatown have asked the Supreme Court to order the Commissioners to follow state law and vote yes or no on whether or not the people of Hochatown have complied with a checklist contained in state law for incorporation. 


      It is a critical situation for the area. Hochatown residents want to use municipal tax revenues to establish a police department and a fulltime fire department along with other services the town can provide. The Oklahoma Tax Commission has estimated that as much as $800,000 in tax revenue is being lost for each month that the commissioners delay calling a special election for the voters in the proposed town. It is estimated that 25,000 people are in the Hochatown area each weekend. The Commissioners are risking public safety because of the lack of adequate law enforcement and fire protection and the inability of the Town of Hochatown to be able to provide those services. 


      It was comical for the commissioners’ lawyer to argue today that  the Board of County Commissioners is uncertain whether Hochatown is a historically recognized community. We don't believe the individual commissioners agree with that. There is no doubt Hochatown moved to its present location on U.S. 259 by 1969 when Broken Bow Lake was dedicated.  This community existed for many years before in its original location which is now under the Lake. The cemetery and church were moved to their current location as indicated by a historical marker in front of the church.


  The people of Hochatown need immediate relief. Therefore, to cover all bases, we intend to file a Writ of Mandamus in the District Court of McCurtain County next week (when the court reopens following internal construction and repairs), asking the local court immediately order the Board of County Commissioners to comply with its mandatory obligations under Oklahoma law and vote on the adequacy of Hochatown's petition for incorporation.


Enough is enough. We call upon the commissioners to accept the adequacy of the petition without further delay and call for an election. The residents of Hochatown deserve the opportunity to decide for themselves whether or not they want to incorporate as a town.

NOTE: There was no ruling today. The court "referee" presents the oral arguments and documents to the justices.  This process will take some time.

 

News Release

FOR IMMEDIATE RELEASE


June 22, 2022

Contact: Dian Jordan

(940) 600-2713 cell
dijordan@ymail.com
Hochatown360.com



Hochatown seeks relief with Oklahoma Supreme Court

Oklahoma City, Okla.- On June 22, 2022 attorneys representing Hochatown have filed legal documents to compel the McCurtain County Board of Commissioners to act on Hochatown's Petition for Incorporation. 

The formal request is being filed in the Oklahoma Supreme Court in Oklahoma City. Supreme Court case 120520.  The request is that the Supreme Court assume original jurisdiction to hear the case.

The state Constitution gives the Supreme Court the authority to order government boards and commissions to comply with a state statute that mandates a certain action. The writ, called mandamus, applies to the Board of County Commissioners of McCurtain County.


In this instance, state law requires the County Commissioners to determine, within thirty days after a Petition for Incorporation is presented, if the petition has complied with the law that governs incorporation of towns. If the petition is sufficient, the commissioners must call a special election and put the issue on the ballot.


Hochatown delivered a Notice of Intent to Incorporate to commissioners on March 24, 2022.  The Board of McCurtain County Commissioners is nearly 60 days delinquent.


Bob Burke, a McCurtain County native, Constitutional lawyer and Author, has joined forces with Lysbeth George and Associates to represent Hochatown. "The residents of Hochatown deserve the right to determine their own destiny. If they want to incorporate as a town and provide basic municipal services to residents and businesses, no one should stand in their way. The law says the commissioners SHALL determine the sufficiency of the Petition for Incorporation. It is not a discretionary duty, it is an absolute duty. That is why we are asking the Supreme Court to order the commissioners to fulfill their statutory duty and act,” Burke said.  “My dad was county commissioner for thirty years. He and mom were both born in Hochatown. I know they would want it incorporated and to provide important services for the residents.” he added.


Oklahoma City attorney, Liz George, who has already won one lawsuit and appeal against the City of Broken Bow related to this matter said, "The people of Hochatown are determined to do what is necessary to protect their community and preserve its historical character. Incorporation is the first step in that process.” 

Dian Jordan, Hochatown community representative, said the continuing delay is preventing the community from municipal services such as adequate police and fire. “We have upwards of 25,000 people in this community on weekends. We cannot keep waiting to address the dangers that come with a crowd this size in a rapidly growing community.  It’s a safety issue.” She explained.

 

NEWS RELEASE

FOR IMMEDIATE RELEASE

Contact: Dian Jordan

(940) 600-2713 cell

dijordan@ymail.com

April 18, 2022



IDABEL, OK.-  McCurtain County Commissioners included the Hochatown Incorporation topic on Monday’s meeting agenda and then took no action before a crowd of Hochatown residents, business owners and interested citizens.

Chairman Mark Jennings said, “We’ve submitted questions to the District Attorney and received no response therefore we cannot take any action on this item.”


Dian Jordan, who is designated in the Petition filings as the initial Hochatown City Clerk, asked Jennings to be recognized to speak.  Her request was denied “That topic is not up for discussion,” he replied.  Jordan persisted. She again asked to be recognized to announce that citizens attending could go back to work.  Jordan was allowed to make the announcement and thanked everyone for coming and encouraged them to return to work.


“Many people lost half a day of work to attend the meeting only to be denied a discussion as the agenda stated would occur.” Jordan later stated.


The legal documents announcing Hochatown’s Notice of Intent to Incorporate were delivered to the Board of County Commissioners on March 24th, 2022.


County Commissioners have thirty days from the delivery date to approve the petition. 

 

NEWS RELEASE

CONTACT: Dian Jordan
NUMBER: 940-600-2713

EMAIL: dijordan@ymail.com 

MARCH 24, 2022

HOCHATOWN PRESENTS PETITION

HOCHATOWN, OK,  - Volunteers hand delivered a Notice of Intent to Incorporate Hochatown to the Board of McCurtain County Commissioners today. The documents include a petition signed by Hochatown's registered voters, maps regarding the proposed territory to be incorporated and other legal documents. The petition's signatures are notarized by a charter member of the community, Sharon Ward.

The documents have been on public display in Hochatown since February 22, 2022 for access and review by Hochatown residents and the general public. Community petition signing events were held and quickly gathered more than the one-third required number of registered voters within the proposed territory to be incorporated.

County Commissioners have thirty days to approve the petition. The goal, upon approval by commissioners, is to have the incorporation set for a vote of the people at the next eligible election, which is slated to be June of this year.

After 6 years of delay, volunteers hope the historic community can begin a process to implement municipal services and improve infrastructure that will ultimately benefit the entire county as Hochatown continues to rapidly grow.

 

NEWS RELEASE


FOR IMMEDIATE RELEASE
Photos Attached Below


FEBRUARY 22, 2022

Contact: Dian Jordan

(940) 600-2713 cell

dijordan@ymail.com

Hochatown Begins Process to Reclaim Historic Town

HOCHATOWN, OK –  Volunteers are placing three copies of  Notice of Intent to Incorporate in the Hochatown community for public access and review. The documents include, among other information, a detailed survey of the proposed city limits. 

Documents will be available for inspection through March 24, 2022 at the following locations:

First State Bank, 129 N. Lukfata Trail, Broken Bow, OK 74728

Sovereign Title Services, 8815 N. US Highway 259, Broken Bow, OK 74728

Abendigo’s Grill and Patio, 10050 N US Highway 259, Broken Bow, OK 74728

City limit boundaries, in general, are from the old KOA/Lake Pine Retreat area on the Southside of highway 259 to Tinguely Hill on the North end. (see physical map at above locations for details.)

Community petition signing events are currently underway.

On or about March 25, 2022, the Petition for Incorporation will be presented to the McCurtain County Board of County Commissioners who will then have thirty days to hold a hearing on the petition for approval. 

Hochatown attempted to incorporate in 2015 to create a process to improve and implement municipal services and infrastructure that directly serve the businesses, homeowners, and investors in Hochatown. 

The City of Broken Bow, in a direct move to block these incorporation efforts, annexed a strip of land directly through the very heart of Hochatown.  The citizens of Hochatown, seeking to protect their statutory right to incorporate their community, subsequently filed a lawsuit in the District Court of McCurtain County.  The Judge ruled in Hochatown's favor. Broken Bow appealed the ruling. After many years of litigation the final judgement was in Hochatown's favor.

​An incorporated town would have five (5) elected trustees which will be voted upon by Hochatown’s registered voters.  Once the town board is formed, an experienced and professional town administrator would be hired to run the day-to-day operations of an incorporated Hochatown. 

A special presentation of the Notice of Intent to Incorporate will be presented to the surviving Hochatown originals and their descendants at the Oklahoma Historical Society Historical Marker, located adjacent to the Hochatown Union Church. A date for the honorary presentation will be set soon.

If you are a registered voter within the proposed territory to be incorporated and you would like to sign the petition in support of incorporation, please contact Dian Jordan on or before March 23, 2022, at (940) 600-2713. 

 

Photograph of children out front of a Hochatown School in 1930

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October 1, 1930

This photograph is part of the collection entitled: Kenny Sivard Collection and was provided by the Oklahoma Historical Society to The Gateway to Oklahoma History, a digital repository hosted by the UNT Libraries.

Photograph of A.C. Kincaid standing in front of store in Hochatown, OK. He was the last Hochatown Postmaster.

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Date Unknown

This photograph is part of the collection entitled: Kenny Sivard Collection and was provided by the Oklahoma Historical Society to The Gateway to Oklahoma History, a digital repository hosted by the UNT Libraries.