12-302.   Same; initiation of process; election;limitations.(a) Whenever the governing bodies of two or more citiesdesire to consolidate such cities, they may submit the question ofconsolidating such cities at elections called and held in the mannerprovided in subsection (b) or may adopt a jointresolution announcing their intent to consolidate the cities andpublish such resolution at least once a week for two consecutive weeks ina newspaper of general circulation within the cities. Upon theexpiration of 10 days after the date of the last publication of theresolution, the governing bodies of the cities shall have the powerto consolidate the cities by joint ordinance unless prior thereto aprotest petition signed by at least 5% of the qualifiedelectors of any one of the cities is filed with the city clerk of suchcity. Cities which propose to consolidate and which do not receive sucha protest petition shall request thecity council of the largest city to fix a time for a joint session ofthe city councils of the cities to pass an ordinance consolidating them.If such a protest petition is filed, the governing body of suchcity shall call a special election to submit the question ofconsolidation in the manner provided in subsection (b).Joint resolutions announcing a proposed consolidation shall not beadopted more often than once a year.

      (b)   Whenever a petition signed by not less than 5% ofthe qualified electors of a city is presented to thegoverning body, requesting an election on the question of consolidation withanother city or cities,or whenever the governing body of any city on its own motion electsto submit the question of consolidating with anothercity or cities,the mayor, within 20days after thepetition is filed or after such action is taken by thegoverning body, shall call such an election. Such election shall be held within50days after such petition is filed, or such action istaken by the governing body. A notice of the electionshall be published notless than 30 days prior to the holding thereof. If a majorityof the votes cast at such election favorconsolidation, the governing body, at its next regular meeting, shallpass a resolution stating thatthe city desires tobe consolidated with such other city or cities andbecome a partthereof. The governing body shall request the city council ofthe other cityor cities to fix a time for a joint session of the city councils of thecities to pass an ordinance consolidating the same. At such meeting, thegoverning bodyof the city which has held an election atwhich a majority ofthe votes cast were in favor of such consolidation shall vote for the jointordinance consolidating the cities. Electionsunder the provisions of this act shall not be held more often than oncea year.

      History:   L. 1887, ch. 112, § 2;L. 1911, ch. 74, § 2;R.S. 1923, § 12-302;L. 1959, ch. 67, § 2;L. 1968, ch. 366, § 1;L. 1981, ch. 173, § 11;L. 2006, ch. 207, § 2; July 1.