PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE THIRD CLASS
Article 1.--GENERAL PROVISIONS
15-116.Same; petition; enumeration; affidavit; map;
statement of assessed valuation.
(a) When a petition for the incorporation of a city, signed by 50
or more electors of the territory described therein, and containing the
information hereafter required, is filed with the county clerk if all
the territory is within one county, or the county clerk of the county in
which the greater or greatest area lies if the territory lies in two or
more counties, the requirements and proceedings shall be as hereinafter
stated.
The petition shall: (1) Be addressed to the board of county
commissioners, or where the territory lies in two or more counties, to
the board of commissioners of the county having the greater or greatest
area; (2) describe the territory by metes and bounds; (3) request the
incorporation 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 I
reside in and am an elector of the territory petitioned to become the
city of ______________; that I signed my name in my own handwriting;
that I read the description of the metes and bounds of said territory or
saw the map of the territory attached as an exhibit to the petition.
SignaturesAddresses"
If registration for voting purposes is required in all or any part of
the area, signers in the registration area must sign their names the
same as they are shown on the registration books. The signatures of
signers in registration areas shall be checked against the registration
books by the officer in charge of registration. Where all or a part of
the territory is not in a registration area, an elector who signs the
petition shall make an affidavit that to the best of the elector's
knowledge and belief, the persons who signed the petition and who are
not in a registration area are electors of the territory. The affidavit
shall be attached to the petition before the petition is filed. Any
person desiring to withdraw their name from the petition may do so
by filing in person with the county clerk of the county where the
petition will be filed, and before the petition is filed, a statement
substantially as follows: "I the undersigned, hereby withdraw my name as
a signer of the petition for the incorporation of the territory proposed
to be called the city of ______________." The county clerk shall sign and endorse
on the face of the statement the month, day, year and hour of the
filing and, if and when the petition is
filed, shall attach such withdrawal statement thereto.
The sufficiency of the number of petitioners shall be determined as
of 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 nonregistration
area.
(b) No territory shall be incorporated as a city except as provided in
subsection (d)(2) unless it has 300 or more inhabitants or has 300 or more
platted lots each of which is served by water and sewer lines owned by a
nonprofit corporation. The number of inhabitants shall be determined by
an enumeration by a qualified signer of the petition who shall make an
affidavit that an enumeration has been made of the inhabitants of the territory
after the beginning of the circulation of the petition, and stating the
number of inhabitants found, and specifying the
dates when it was begun and when completed. The number of platted lots
served by water and sewer lines owned by a nonprofit corporation shall
be determined by the county engineer, who shall state the
findings by affidavit. Such affidavits shall be attached to the petition
before it is filed. The board of county commissioners may cause another
enumeration to be made if it believes the number of inhabitants may be
less than 300.
(c) The petition shall have attached thereto a statement containing the
following information regarding the proposed city: (1) Quantity of land
embraced, platted and unplatted; (2) a brief description of existing
facilities and services currently received by the area, including water
supply, sewage disposal, fire and police protection; (3) reasons for
desiring city government and services.
There shall also be attached to the petition a map of the territory
showing the location of the proposed city within the county or counties
and the more densely built-up area or areas and designating in general
the platted and unplatted areas.
There shall also be attached a statement of the assessed valuation of
the platted real property and improvements and unplatted real property
and improvements and the assessed valuation or an estimate thereof of
the 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 inhabitants
of the territory number 300 or more or the territory contains 300 or more
platted 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 of
the United States.
History: L. 1963, ch. 509, § 2; L. 1967, ch. 113, § 1; L. 1981,
ch. 86, § 1; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE THIRD CLASS
Article 1.--GENERAL PROVISIONS
15-116.Same; petition; enumeration; affidavit; map;
statement of assessed valuation.
(a) When a petition for the incorporation of a city, signed by 50
or more electors of the territory described therein, and containing the
information hereafter required, is filed with the county clerk if all
the territory is within one county, or the county clerk of the county in
which the greater or greatest area lies if the territory lies in two or
more counties, the requirements and proceedings shall be as hereinafter
stated.
The petition shall: (1) Be addressed to the board of county
commissioners, or where the territory lies in two or more counties, to
the board of commissioners of the county having the greater or greatest
area; (2) describe the territory by metes and bounds; (3) request the
incorporation 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 I
reside in and am an elector of the territory petitioned to become the
city of ______________; that I signed my name in my own handwriting;
that I read the description of the metes and bounds of said territory or
saw the map of the territory attached as an exhibit to the petition.
SignaturesAddresses"
If registration for voting purposes is required in all or any part of
the area, signers in the registration area must sign their names the
same as they are shown on the registration books. The signatures of
signers in registration areas shall be checked against the registration
books by the officer in charge of registration. Where all or a part of
the territory is not in a registration area, an elector who signs the
petition shall make an affidavit that to the best of the elector's
knowledge and belief, the persons who signed the petition and who are
not in a registration area are electors of the territory. The affidavit
shall be attached to the petition before the petition is filed. Any
person desiring to withdraw their name from the petition may do so
by filing in person with the county clerk of the county where the
petition will be filed, and before the petition is filed, a statement
substantially as follows: "I the undersigned, hereby withdraw my name as
a signer of the petition for the incorporation of the territory proposed
to be called the city of ______________." The county clerk shall sign and endorse
on the face of the statement the month, day, year and hour of the
filing and, if and when the petition is
filed, shall attach such withdrawal statement thereto.
The sufficiency of the number of petitioners shall be determined as
of 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 nonregistration
area.
(b) No territory shall be incorporated as a city except as provided in
subsection (d)(2) unless it has 300 or more inhabitants or has 300 or more
platted lots each of which is served by water and sewer lines owned by a
nonprofit corporation. The number of inhabitants shall be determined by
an enumeration by a qualified signer of the petition who shall make an
affidavit that an enumeration has been made of the inhabitants of the territory
after the beginning of the circulation of the petition, and stating the
number of inhabitants found, and specifying the
dates when it was begun and when completed. The number of platted lots
served by water and sewer lines owned by a nonprofit corporation shall
be determined by the county engineer, who shall state the
findings by affidavit. Such affidavits shall be attached to the petition
before it is filed. The board of county commissioners may cause another
enumeration to be made if it believes the number of inhabitants may be
less than 300.
(c) The petition shall have attached thereto a statement containing the
following information regarding the proposed city: (1) Quantity of land
embraced, platted and unplatted; (2) a brief description of existing
facilities and services currently received by the area, including water
supply, sewage disposal, fire and police protection; (3) reasons for
desiring city government and services.
There shall also be attached to the petition a map of the territory
showing the location of the proposed city within the county or counties
and the more densely built-up area or areas and designating in general
the platted and unplatted areas.
There shall also be attached a statement of the assessed valuation of
the platted real property and improvements and unplatted real property
and improvements and the assessed valuation or an estimate thereof of
the 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 inhabitants
of the territory number 300 or more or the territory contains 300 or more
platted 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 of
the United States.
History: L. 1963, ch. 509, § 2; L. 1967, ch. 113, § 1; L. 1981,
ch. 86, § 1; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE THIRD CLASS
Article 1.--GENERAL PROVISIONS
15-116.Same; petition; enumeration; affidavit; map;
statement of assessed valuation.
(a) When a petition for the incorporation of a city, signed by 50
or more electors of the territory described therein, and containing the
information hereafter required, is filed with the county clerk if all
the territory is within one county, or the county clerk of the county in
which the greater or greatest area lies if the territory lies in two or
more counties, the requirements and proceedings shall be as hereinafter
stated.
The petition shall: (1) Be addressed to the board of county
commissioners, or where the territory lies in two or more counties, to
the board of commissioners of the county having the greater or greatest
area; (2) describe the territory by metes and bounds; (3) request the
incorporation 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 I
reside in and am an elector of the territory petitioned to become the
city of ______________; that I signed my name in my own handwriting;
that I read the description of the metes and bounds of said territory or
saw the map of the territory attached as an exhibit to the petition.
SignaturesAddresses"
If registration for voting purposes is required in all or any part of
the area, signers in the registration area must sign their names the
same as they are shown on the registration books. The signatures of
signers in registration areas shall be checked against the registration
books by the officer in charge of registration. Where all or a part of
the territory is not in a registration area, an elector who signs the
petition shall make an affidavit that to the best of the elector's
knowledge and belief, the persons who signed the petition and who are
not in a registration area are electors of the territory. The affidavit
shall be attached to the petition before the petition is filed. Any
person desiring to withdraw their name from the petition may do so
by filing in person with the county clerk of the county where the
petition will be filed, and before the petition is filed, a statement
substantially as follows: "I the undersigned, hereby withdraw my name as
a signer of the petition for the incorporation of the territory proposed
to be called the city of ______________." The county clerk shall sign and endorse
on the face of the statement the month, day, year and hour of the
filing and, if and when the petition is
filed, shall attach such withdrawal statement thereto.
The sufficiency of the number of petitioners shall be determined as
of 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 nonregistration
area.
(b) No territory shall be incorporated as a city except as provided in
subsection (d)(2) unless it has 300 or more inhabitants or has 300 or more
platted lots each of which is served by water and sewer lines owned by a
nonprofit corporation. The number of inhabitants shall be determined by
an enumeration by a qualified signer of the petition who shall make an
affidavit that an enumeration has been made of the inhabitants of the territory
after the beginning of the circulation of the petition, and stating the
number of inhabitants found, and specifying the
dates when it was begun and when completed. The number of platted lots
served by water and sewer lines owned by a nonprofit corporation shall
be determined by the county engineer, who shall state the
findings by affidavit. Such affidavits shall be attached to the petition
before it is filed. The board of county commissioners may cause another
enumeration to be made if it believes the number of inhabitants may be
less than 300.
(c) The petition shall have attached thereto a statement containing the
following information regarding the proposed city: (1) Quantity of land
embraced, platted and unplatted; (2) a brief description of existing
facilities and services currently received by the area, including water
supply, sewage disposal, fire and police protection; (3) reasons for
desiring city government and services.
There shall also be attached to the petition a map of the territory
showing the location of the proposed city within the county or counties
and the more densely built-up area or areas and designating in general
the platted and unplatted areas.
There shall also be attached a statement of the assessed valuation of
the platted real property and improvements and unplatted real property
and improvements and the assessed valuation or an estimate thereof of
the 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 inhabitants
of the territory number 300 or more or the territory contains 300 or more
platted 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 of
the United States.
History: L. 1963, ch. 509, § 2; L. 1967, ch. 113, § 1; L. 1981,
ch. 86, § 1; July 1.