| (a) |
Five percent or more of the freeholders of a municipality
desiring to have territory annexed thereto may file a
petition in writing with the governing body thereof setting
forth the change proposed in the metes and bounds of the
municipality and asking that a vote be taken upon the
proposed change.
The petition shall be verified and shall be accompanied
by an accurate survey map showing the territory to be
annexed to the corporate limits by the proposed change.
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| (b) |
The
petitioners shall obtain a surety bond in an amount
set by the governing body sufficient to cover the cost
of the election. The bond shall be forfeited if a majority
of the votes cast are against the proposed annexation.
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| (c) |
The
governing body shall, upon receipt of the bond, order
a vote of the qualified voters of the municipality to
be taken upon the proposed annexation on a date and
at a time and place to be named in the order.
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| (d) |
The
governing body shall, at the same time, order a vote
of all of the qualified voters of the additional territory
and of all of the freeholders of the additional territory
whether they reside or have a place of business therein
or not, to be taken upon the question on the same day
at some convenient place in or near the additional territory.
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| (e) |
The governing body shall cause the order for the election
to be published, at the cost of the municipality, as
a
Class II-0 legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this
code.
The publication area is the municipality and the additional
territory.
The first publication must be at least fourteen days
prior to the date upon which the vote is to be taken.
The order for the election shall contain an accurate
description by metes and bounds of the additional territory
proposed to be annexed to the corporate limits by the
proposed change, a summary of the municipality's plan
for providing services to the additional territory and,
if practicable, shall also contain a popular description
of the additional territory.
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| (f) |
The
election shall be held, superintended and conducted
and the results thereof ascertained, certified, returned
and canvassed in the same manner by the same individuals
as elections for municipal officers.
The election is reviewable by the circuit court of
the county in which the municipality or the major
portion thereof, including the area proposed to be
annexed, is located.
The order may be reviewed by the circuit court as
an order of a county commission ordering an election
may be reviewed under section sixteen, article five
of this chapter.
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| (g) |
The
ballots, or ballot labels where voting machines are
used, shall have written or printed on them the words:
/ / For Annexation
/ / Against Annexation
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| (h) |
Any
freeholder which is a firm or corporation may vote by
its manager, president or executive officer duly designated
in writing by the firm or corporation.
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| (i) |
An individual who is a qualified voter and freeholder
of the municipality or the additional territory shall
be entitled to vote only once.
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| (j) |
For purposes of this section, the term "qualified
voter of the additional territory" includes a firm
or corporation in the additional territory regardless
of whether the firm or corporation is a freeholder.
A firm or corporation may vote by its manager, president,
or executive officer duly designated in writing by the
firm or corporation. In any instance where a freeholder
leases or rents real property to a firm or corporation
the freeholder and the firm or corporation shall determine
which entity will be entitled to vote in the annexation
election
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| (k) |
When
an election is held in any municipality in accordance
with the provisions of this section, another election
relating to the same proposed change or any part thereof
shall not be held for a period of one year.
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| (l) |
If
a majority of all of the legal votes cast in the municipality
and a majority of all the legal votes cast in the territory
are in favor of the proposed annexation, then the governing
body shall proceed as specified in the immediately succeeding
section of this article.
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