12-302. Same; initiation of process; election; limitations.
12-302
12-302. Same; initiation of process; election;
limitations.
(a) Whenever the governing bodies of two or more cities
desire to consolidate such cities, they may submit the question of
consolidating such cities at elections called and held in the manner
provided in subsection (b) or may adopt a joint
resolution announcing their intent to consolidate the cities and
publish such resolution at least once a week for two consecutive weeks in
a newspaper of general circulation within the cities. Upon the
expiration of 10 days after the date of the last publication of the
resolution, the governing bodies of the cities shall have the power
to consolidate the cities by joint ordinance unless prior thereto a
protest petition signed by at least 5% of the qualified
electors of any one of the cities is filed with the city clerk of such
city. Cities which propose to consolidate and which do not receive such
a protest petition shall request the
city council of the largest city to fix a time for a joint session of
the city councils of the cities to pass an ordinance consolidating them.
If such a protest petition is filed, the governing body of such
city shall call a special election to submit the question of
consolidation in the manner provided in subsection (b).
Joint resolutions announcing a proposed consolidation shall not be
adopted more often than once a year.
(b) Whenever a petition signed by not less than 5% of
the qualified electors of a city is presented to the
governing body, requesting an election on the question of consolidation with
another city or cities,
or whenever the governing body of any city on its own motion elects
to submit the question of consolidating with another
city or cities,
the mayor, within 20
days after the
petition is filed or after such action is taken by the
governing body, shall call such an election. Such election shall be held within
50
days after such petition is filed, or such action is
taken by the governing body. A notice of the election
shall be published not
less than 30 days prior to the holding thereof. If a majority
of the votes cast at such election favor
consolidation, the governing body, at its next regular meeting, shall
pass a resolution stating that
the city desires to
be consolidated with such other city or cities and
become a part
thereof. The governing body shall request the city council of
the other city
or cities to fix a time for a joint session of the city councils of the
cities to pass an ordinance consolidating the same. At such meeting, the
governing body
of the city which has held an election at
which a majority of
the votes cast were in favor of such consolidation shall vote for the joint
ordinance consolidating the cities. Elections
under the provisions of this act shall not be held more often than once
a 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.