9-122

9-122. Unification of a city and a town

A. If the common council of a city and the common council of a town whose
boundaries are within five miles of each other at one or more points pass a resolution
requesting an election for the purpose of unifying the city and the town into one
incorporated city, and a petition is received from the unincorporated areas that separate
the city or town boundaries or are contiguous to the boundaries and is signed by at least
ten per cent of the qualified electors in such unincorporated area, within sixty days,
the board of supervisors of the county shall adopt a resolution calling an election on
the question of the unification and the question of the name of the new proposed city.
The election shall be held on a date prescribed by section 16-204 but not more than one
hundred eighty days after the county resolution is filed. The resolution shall set forth
the following:

1. The date on which the election is to be held.

2. The places where votes may be cast. At least one place shall be designated
within the corporate limits of the city and the town and the unincorporated area
proposing the unification.

3. The hours between which the polling places will be open.

4. The name of the proposed unified city.

B. The election resolution shall be published in full at least once, not less than
thirty nor more than sixty days before the date of the election, in a newspaper published
in the county. If there is no such newspaper, the resolution shall be posted in five
conspicuous places in each of the municipalities and the affected unincorporated areas
not less than thirty nor more than sixty days before the date of the election.

C. At the election, the ballot shall contain and may be limited to the phrases "for
the unification" and "against the unification". A square approximately the size of the
squares placed opposite the names of candidates on ballots shall be placed to the right
of and opposite each phrase. A voter shall indicate a vote for the unification or against
the unification by marking the ballot pursuant to the ballot instructions. The ballot is
not required to be any particular size, and sample ballots are not required.

D. Only qualified electors of the city, the town and the unincorporated areas shall
vote on the question. If a majority of the qualified electors voting on the question in
each area votes for unification, the board of supervisors shall declare by an order
entered of record the city, town and unincorporated areas unified into one incorporated
city. The order of the board shall designate the name of the city.

E. Except as otherwise provided in this article, the manner of conducting the
registration and election, keeping the poll lists, making the returns, declaring the
results and doing all acts relating to the election shall conform to the procedure
provided by law for the registration and qualification of electors and holding elections
in which the question of issuance of bonds of municipal corporations is submitted to an
election.

F. The board of supervisors shall appoint the first common council for the new
city. The board of supervisors shall appoint seven members at least two of whom shall be
from each of the three areas unified. Following appointment, the council shall designate
one of its members to serve as mayor. At the earliest possible date following the
formation of the new city, the new city shall be divided by the appointed council into
six districts, and an election shall be called to fill the six council districts and
elect at large a directly elected mayor. The mayor and council members shall serve four
year staggered terms. At the first election, the three council members with the highest
vote shall serve four year terms and the three other council members elected shall serve
two year terms in order to accomplish staggered terms for future elections.

G. The incorporated limits of the new city shall be those shown on the resolutions
from the incorporated city and town and shall be their combined corporate limits plus the
unincorporated areas that appear on the petition submitted pursuant to subsection A of
this section and that are between or adjacent to the city and the town. In no event shall
any such petition include land or improvements utilized for mining, metallurgical or
related environmental remediation purposes without written consent of the landowner. The
ordinances and resolutions of the former city, town and county shall continue in force
unless repealed or changed by the new common council, including franchises and
transaction privilege taxes. In the case of conflict between ordinances or resolutions,
the ordinances or resolutions of the former city or town with the larger population shall
prevail, except that zoning regulations applying to property at the time of unification
shall remain in effect until the council of the new unified city adopts a zoning
ordinance applying to the property. The new city shall be liable for all debts and
liabilities of the former city and town and shall be entitled to receive all property and
rights of action belonging to the former city and town.

H. A city incorporated pursuant to this section has all powers, duties, rights and
privileges granted to incorporated cities and towns under the laws and constitution of
this state. For purposes of state shared revenues, including state transaction privilege
tax, state income tax, vehicle license taxes, highway user revenues and local
transportation assistance fund monies, a combined amount that would have been distributed
to the former town and city unified shall be distributed to the new city until a combined
census count including the unincorporated areas can be obtained. Once the combined
census count is obtained, the updated census count shall be used for the distribution of
the state shared revenues retroactive to the first of the month following unification.
The annual population estimate of the unified city prepared by the department of economic
security shall be used for distribution of local transportation assistance fund monies.

I. The unified city shall have a property tax levy limit calculated as the combined
maximum allowable levy limit of the town and city unless another levy limit is approved
by the voters of the unified city at a regularly scheduled election. The expenditure
limit of the unified city shall be the alternative expenditure limitation of the largest
city until the fiscal year following the unified city's first general election. At such
election, the council may propose an alternative expenditure limitation or permanent base
adjustment and if not approved the unified city's expenditure limitation shall be
calculated using the formula provided for a newly incorporated city unless subsequently
changed by the voters.