15-116.   Same; petition; enumeration; affidavit; map;statement of assessed valuation.(a) When a petition for the incorporation of a city, signed by 50or more electors of the territory described therein, and containing theinformation hereafter required, is filed with the county clerk if allthe territory is within one county, or the county clerk of the county inwhich the greater or greatest area lies if the territory lies in two ormore counties, the requirements and proceedings shall be as hereinafterstated.

      The petition shall: (1) Be addressed to the board of countycommissioners, or where the territory lies in two or more counties, tothe board of commissioners of the county having the greater or greatestarea; (2) describe the territory by metes and bounds; (3) request theincorporation of the territory as a city by the name of "the city of______________" (giving name).

      Each page of signatures shall bear the following heading:

      "I, whose name appears as one of the signers below, state that Ireside in and am an elector of the territory petitioned to become thecity of ______________; that I signed my name in my own handwriting;that I read the description of the metes and bounds of said territory orsaw the map of the territory attached as an exhibit to the petition.

If registration for voting purposes is required in all or any part ofthe area, signers in the registration area must sign their names thesame as they are shown on the registration books. The signatures ofsigners in registration areas shall be checked against the registrationbooks by the officer in charge of registration. Where all or a part ofthe territory is not in a registration area, an elector who signs thepetition shall make an affidavit that to the best of the elector'sknowledge and belief, the persons who signed the petition and who arenot in a registration area are electors of the territory. The affidavitshall be attached to the petition before the petition is filed. Anyperson desiring to withdraw their name from the petition may do soby filing in person with the county clerk of the county where thepetition will be filed, and before the petition is filed, a statementsubstantially as follows: "I the undersigned, hereby withdraw my name asa signer of the petition for the incorporation of the territory proposedto be called the city of ______________." The county clerk shall sign and endorseon the face of the statement the month, day, year and hour of thefiling and, if and when the petition isfiled, shall attach such withdrawal statement thereto.

      The sufficiency of the number of petitioners shall be determined asof the day of the filing of the petition by registration books, if any,and as of the date of the affidavit as to persons in nonregistrationarea.

      (b)   No territory shall be incorporated as a city except as provided insubsection (d)(2) unless it has 300 or more inhabitants or has 300 or moreplatted lots each of which is served by water and sewer lines owned by anonprofit corporation. The number of inhabitants shall be determined byan enumeration by a qualified signer of the petition who shall make anaffidavit that an enumeration has been made of the inhabitants of the territoryafter the beginning of the circulation of the petition, and stating thenumber of inhabitants found, and specifying thedates when it was begun and when completed. The number of platted lotsserved by water and sewer lines owned by a nonprofit corporation shallbe determined by the county engineer, who shall state thefindings by affidavit. Such affidavits shall be attached to the petitionbefore it is filed. The board of county commissioners may cause anotherenumeration to be made if it believes the number of inhabitants may beless than 300.

      (c)   The petition shall have attached thereto a statement containing thefollowing information regarding the proposed city: (1) Quantity of landembraced, platted and unplatted; (2) a brief description of existingfacilities and services currently received by the area, including watersupply, sewage disposal, fire and police protection; (3) reasons fordesiring city government and services.

      There shall also be attached to the petition a map of the territoryshowing the location of the proposed city within the county or countiesand the more densely built-up area or areas and designating in generalthe platted and unplatted areas.

      There shall also be attached a statement of the assessed valuation ofthe platted real property and improvements and unplatted real propertyand improvements and the assessed valuation or an estimate thereof ofthe tangible personal property for each county in which any area lies,certified by the county clerk or county assessor.

      (d)   No territory shall be incorporated as a city unless: (1) The inhabitantsof the territory number 300 or more or the territory contains 300 or moreplatted lots each served by water and sewer lines owned by a nonprofit corporation,and 50 or more electors of the territory have signed a petition; or (2)the territory has been designated a national landmark by the congress ofthe United States.

      History:   L. 1963, ch. 509, § 2; L. 1967, ch. 113, § 1; L. 1981,ch. 86, § 1; July 1.