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| (a) |
The governing body of a municipality may, by ordinance,
provide for the annexation of additional territory without
ordering a vote on the question if: |
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(1) |
A majority of the qualified voters of the additional territory
file with the governing body a petition to be annexed;
and |
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(2) |
a
majority of all freeholders of the additional territory,
whether they reside or have a place of business therein
or not, file with the governing body a petition to be
annexed. |
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| (b) |
For
purposes of this section, the term "qualified voter
of the additional territory" includes firms and
corporations in the additional territory regardless
of whether the firm or corporation is a freeholder.
A firm or corporation may sign a petition 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 sign
a petition relating to the proposed annexation.
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| (c) |
The
determination that the requisite number of petitioners
have filed the required petitions shall be reviewable
by the circuit court of the county in which the municipality
or the major portion of the territory thereof, including
the area proposed to be annexed is located, upon certiorari
to the governing body in accordance with the provisions
of article three, chapter fifty-three of this code.
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| (d) |
A qualified voter of the additional territory who is
also a freeholder of the additional territory may join
only one petition of the additional territory.
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| (e) |
It
shall be the responsibility of the governing body
to enumerate and verify the total number of eligible
petitioners, in each category, from the additional
territory.
In determining the total number of eligible petitioners,
in each category, a freeholder or any other entity
that is a freeholder shall be limited to one signature
on a petition as provided in this section.
There shall be allowed only one signature on a petition
per parcel of property and any freehold interest that
is held by more than one individual or entity shall
be allowed to sign a petition only upon the approval
by the majority of the individuals or entities that
have an interest in the parcel of property.
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| (f) |
If all of the eligible petitioners are qualified voters,
only a voters' petition is required .
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| (g) |
If
satisfied that the petition is sufficient in every respect,
the governing body shall enter that fact upon its journal
and forward a certificate to that effect to the county
commission of the county wherein the municipality or
the major portion of the territory thereof, including
the additional territory, is located.
The county commission shall thereupon enter an order
as described in the immediately preceding section of
this article. After the date of the order, the corporate
limits of the municipality shall be as set forth therein.
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