Consolidation of multiple municipalities and unincorporated areas,must be contiguous--procedure, petition content--costs ofelection--ballot form--effective when--transition committee, howselected, duties.
72.420. 1. The provisions of this section shall apply to theconsolidation of two or more cities, towns, villages, unincorporated areas,or any combination thereof, in any county with a charter form of governmentwhere fifty or more cities, towns and villages have been incorporated. Ifa boundary commission has been established pursuant to section 72.400, suchproposal shall be submitted to the commission, but if no such commissionhas been established, consolidation of such areas shall be accomplishedpursuant to this section. All municipalities and unincorporated areaswhich may be consolidated under the procedures established in this sectionmust be contiguous to each other, so that if the consolidation is approvedby the voters pursuant to subsections 7 to 9 of this section, there will beone municipality with all parts contiguous to at least one other portion ofthe new municipality.
2. Whenever a petition for consolidation containing the signatures ofat least fifteen percent of the qualified voters of each municipality orunincorporated area, determined on the basis of the number of votes castfor governor at the last gubernatorial election held prior to the filing ofthe petition, is received by the governing body of the county, thegoverning body of the county shall submit the question of consolidation tothe qualified voters of each municipality and unincorporated area named inthe petition at the next state or county primary, general or specialelection. The petition need not contain signatures of qualified voters ofa municipality if the governing body of such municipality adopts anordinance approving the proposed consolidation which meets the requirementsof subsection 5 of this section, and sends a copy of the ordinance to thegoverning body of the county in conjunction with the petition prescribed bythis subsection.
3. A petition for consolidation shall contain the following:
(1) The names of the municipalities and a description of anyunincorporated area to be consolidated;
(2) The proposed effective date of consolidation;
(3) The number of votes cast in the last election in eachmunicipality and unincorporated area; and
(4) A statement that all signers are registered voters in theaffected municipalities or unincorporated areas.
The petition may contain the form of government, the name of themunicipality as consolidated and the details of transition, such as whichofficers will serve, which employees shall be retained, what taxes will becollected, what ordinances will be in effect and similar matters for theoperation of the consolidated municipality until the new governing bodyprovides otherwise.
4. All persons signing the petition for consolidation shall designatetheir address opposite their signatures, and such signatures shall beaffixed before a person who shall certify, by affidavit acknowledged beforea notary public, that such signatures were affixed in his presence.
5. Any ordinance approving a proposed consolidation shall contain thefollowing:
(1) The names of the municipalities and a description of anyunincorporated area to be consolidated;
(2) The proposed effective date of the consolidation;
(3) The number of votes cast in the last election in thatmunicipality.
The ordinance may contain the form of government, the name of themunicipality as consolidated, and the details of transition prescribed insubsection 3 of this section.
6. The costs of an election held under this section shall be assessedproportionately to each municipality; however, when a voting jurisdictionis composed of unincorporated territory or territories, all costs of theelection in such voting jurisdictions shall be paid proportionally by eachmunicipality in the proposed consolidation. Proportional election costspaid under this section shall be assessed by charging each municipality thesame percentage of the total cost of the election as the number ofregistered voters of the municipality on the day of the election is to thetotal number of registered voters on the day of the election, derived byadding together the number of registered voters in each municipality.
7. The question shall be submitted separately, but on the same date,to each municipality and unincorporated area described in the petition orordinances filed pursuant to subsections 2 to 5 of this section. Thequestion shall be submitted in substantially the following form:
Shall the municipalities of ................. (list allmunicipalities) be consolidated into one municipality?
â ã Yes â ã No
The consolidation shall only become effective if a separate majority of thevotes cast on the proposal in each municipality and unincorporated areaaffected by such proposal are in favor of the consolidation. If the votersof any municipality or unincorporated area vote against such proposal, theconsolidation shall not take effect, even if the voters of all othermunicipalities and unincorporated areas vote in favor of the proposal.
8. If a consolidation is approved by the voters, such proposal shallbe effective six months following the date of the election or the datespecified in such proposal, whichever date is later. Immediately followingthe certification of the election, the governing body of each affectedmunicipality shall select two members and the governing body of the countyin which each unincorporated territory is situated shall select two membersfrom each affected unincorporated territory to meet with similar membersappointed from other affected municipalities and unincorporated territoriesin order to determine the details of the transition.
9. If the consolidation is approved, it shall create a newmunicipality, and the governing body of the county shall declare suchmunicipality, designating in such order the metes and bounds thereof, andhenceforth the inhabitants within such bounds shall be a body politic andincorporate, by the name and style of "the city of...........................".
Consolidation of multiple municipalities and unincorporated areas,must be contiguous--procedure, petition content--costs ofelection--ballot form--effective when--transition committee, howselected, duties.
72.420. 1. The provisions of this section shall apply to theconsolidation of two or more cities, towns, villages, unincorporated areas,or any combination thereof, in any county with a charter form of governmentwhere fifty or more cities, towns and villages have been incorporated. Ifa boundary commission has been established pursuant to section 72.400, suchproposal shall be submitted to the commission, but if no such commissionhas been established, consolidation of such areas shall be accomplishedpursuant to this section. All municipalities and unincorporated areaswhich may be consolidated under the procedures established in this sectionmust be contiguous to each other, so that if the consolidation is approvedby the voters pursuant to subsections 7 to 9 of this section, there will beone municipality with all parts contiguous to at least one other portion ofthe new municipality.
2. Whenever a petition for consolidation containing the signatures ofat least fifteen percent of the qualified voters of each municipality orunincorporated area, determined on the basis of the number of votes castfor governor at the last gubernatorial election held prior to the filing ofthe petition, is received by the governing body of the county, thegoverning body of the county shall submit the question of consolidation tothe qualified voters of each municipality and unincorporated area named inthe petition at the next state or county primary, general or specialelection. The petition need not contain signatures of qualified voters ofa municipality if the governing body of such municipality adopts anordinance approving the proposed consolidation which meets the requirementsof subsection 5 of this section, and sends a copy of the ordinance to thegoverning body of the county in conjunction with the petition prescribed bythis subsection.
3. A petition for consolidation shall contain the following:
(1) The names of the municipalities and a description of anyunincorporated area to be consolidated;
(2) The proposed effective date of consolidation;
(3) The number of votes cast in the last election in eachmunicipality and unincorporated area; and
(4) A statement that all signers are registered voters in theaffected municipalities or unincorporated areas.
The petition may contain the form of government, the name of themunicipality as consolidated and the details of transition, such as whichofficers will serve, which employees shall be retained, what taxes will becollected, what ordinances will be in effect and similar matters for theoperation of the consolidated municipality until the new governing bodyprovides otherwise.
4. All persons signing the petition for consolidation shall designatetheir address opposite their signatures, and such signatures shall beaffixed before a person who shall certify, by affidavit acknowledged beforea notary public, that such signatures were affixed in his presence.
5. Any ordinance approving a proposed consolidation shall contain thefollowing:
(1) The names of the municipalities and a description of anyunincorporated area to be consolidated;
(2) The proposed effective date of the consolidation;
(3) The number of votes cast in the last election in thatmunicipality.
The ordinance may contain the form of government, the name of themunicipality as consolidated, and the details of transition prescribed insubsection 3 of this section.
6. The costs of an election held under this section shall be assessedproportionately to each municipality; however, when a voting jurisdictionis composed of unincorporated territory or territories, all costs of theelection in such voting jurisdictions shall be paid proportionally by eachmunicipality in the proposed consolidation. Proportional election costspaid under this section shall be assessed by charging each municipality thesame percentage of the total cost of the election as the number ofregistered voters of the municipality on the day of the election is to thetotal number of registered voters on the day of the election, derived byadding together the number of registered voters in each municipality.
7. The question shall be submitted separately, but on the same date,to each municipality and unincorporated area described in the petition orordinances filed pursuant to subsections 2 to 5 of this section. Thequestion shall be submitted in substantially the following form:
Shall the municipalities of ................. (list allmunicipalities) be consolidated into one municipality?
â ã Yes â ã No
The consolidation shall only become effective if a separate majority of thevotes cast on the proposal in each municipality and unincorporated areaaffected by such proposal are in favor of the consolidation. If the votersof any municipality or unincorporated area vote against such proposal, theconsolidation shall not take effect, even if the voters of all othermunicipalities and unincorporated areas vote in favor of the proposal.
8. If a consolidation is approved by the voters, such proposal shallbe effective six months following the date of the election or the datespecified in such proposal, whichever date is later. Immediately followingthe certification of the election, the governing body of each affectedmunicipality shall select two members and the governing body of the countyin which each unincorporated territory is situated shall select two membersfrom each affected unincorporated territory to meet with similar membersappointed from other affected municipalities and unincorporated territoriesin order to determine the details of the transition.
9. If the consolidation is approved, it shall create a newmunicipality, and the governing body of the county shall declare suchmunicipality, designating in such order the metes and bounds thereof, andhenceforth the inhabitants within such bounds shall be a body politic andincorporate, by the name and style of "the city of...........................".
Consolidation of multiple municipalities and unincorporated areas,must be contiguous--procedure, petition content--costs ofelection--ballot form--effective when--transition committee, howselected, duties.
72.420. 1. The provisions of this section shall apply to theconsolidation of two or more cities, towns, villages, unincorporated areas,or any combination thereof, in any county with a charter form of governmentwhere fifty or more cities, towns and villages have been incorporated. Ifa boundary commission has been established pursuant to section 72.400, suchproposal shall be submitted to the commission, but if no such commissionhas been established, consolidation of such areas shall be accomplishedpursuant to this section. All municipalities and unincorporated areaswhich may be consolidated under the procedures established in this sectionmust be contiguous to each other, so that if the consolidation is approvedby the voters pursuant to subsections 7 to 9 of this section, there will beone municipality with all parts contiguous to at least one other portion ofthe new municipality.
2. Whenever a petition for consolidation containing the signatures ofat least fifteen percent of the qualified voters of each municipality orunincorporated area, determined on the basis of the number of votes castfor governor at the last gubernatorial election held prior to the filing ofthe petition, is received by the governing body of the county, thegoverning body of the county shall submit the question of consolidation tothe qualified voters of each municipality and unincorporated area named inthe petition at the next state or county primary, general or specialelection. The petition need not contain signatures of qualified voters ofa municipality if the governing body of such municipality adopts anordinance approving the proposed consolidation which meets the requirementsof subsection 5 of this section, and sends a copy of the ordinance to thegoverning body of the county in conjunction with the petition prescribed bythis subsection.
3. A petition for consolidation shall contain the following:
(1) The names of the municipalities and a description of anyunincorporated area to be consolidated;
(2) The proposed effective date of consolidation;
(3) The number of votes cast in the last election in eachmunicipality and unincorporated area; and
(4) A statement that all signers are registered voters in theaffected municipalities or unincorporated areas.
The petition may contain the form of government, the name of themunicipality as consolidated and the details of transition, such as whichofficers will serve, which employees shall be retained, what taxes will becollected, what ordinances will be in effect and similar matters for theoperation of the consolidated municipality until the new governing bodyprovides otherwise.
4. All persons signing the petition for consolidation shall designatetheir address opposite their signatures, and such signatures shall beaffixed before a person who shall certify, by affidavit acknowledged beforea notary public, that such signatures were affixed in his presence.
5. Any ordinance approving a proposed consolidation shall contain thefollowing:
(1) The names of the municipalities and a description of anyunincorporated area to be consolidated;
(2) The proposed effective date of the consolidation;
(3) The number of votes cast in the last election in thatmunicipality.
The ordinance may contain the form of government, the name of themunicipality as consolidated, and the details of transition prescribed insubsection 3 of this section.
6. The costs of an election held under this section shall be assessedproportionately to each municipality; however, when a voting jurisdictionis composed of unincorporated territory or territories, all costs of theelection in such voting jurisdictions shall be paid proportionally by eachmunicipality in the proposed consolidation. Proportional election costspaid under this section shall be assessed by charging each municipality thesame percentage of the total cost of the election as the number ofregistered voters of the municipality on the day of the election is to thetotal number of registered voters on the day of the election, derived byadding together the number of registered voters in each municipality.
7. The question shall be submitted separately, but on the same date,to each municipality and unincorporated area described in the petition orordinances filed pursuant to subsections 2 to 5 of this section. Thequestion shall be submitted in substantially the following form:
Shall the municipalities of ................. (list allmunicipalities) be consolidated into one municipality?
â ã Yes â ã No
The consolidation shall only become effective if a separate majority of thevotes cast on the proposal in each municipality and unincorporated areaaffected by such proposal are in favor of the consolidation. If the votersof any municipality or unincorporated area vote against such proposal, theconsolidation shall not take effect, even if the voters of all othermunicipalities and unincorporated areas vote in favor of the proposal.
8. If a consolidation is approved by the voters, such proposal shallbe effective six months following the date of the election or the datespecified in such proposal, whichever date is later. Immediately followingthe certification of the election, the governing body of each affectedmunicipality shall select two members and the governing body of the countyin which each unincorporated territory is situated shall select two membersfrom each affected unincorporated territory to meet with similar membersappointed from other affected municipalities and unincorporated territoriesin order to determine the details of the transition.
9. If the consolidation is approved, it shall create a newmunicipality, and the governing body of the county shall declare suchmunicipality, designating in such order the metes and bounds thereof, andhenceforth the inhabitants within such bounds shall be a body politic andincorporate, by the name and style of "the city of...........................".
