Canvass of returns. Such legislative body shall, at the time provided for its regular meeting next after the expiration of three days from and after the date of said election, meet and proceed to canvass said returns; and such canvass shall be completed at such meeting, if praeticable, and in any event, as soon as practicable, avoiding adjournment or adjournments, until said canvass is completed. Declaration of result. Immediately upon the completion of such canvass, said legislative body shall declare the result of such election and shall cause a record thereof to be made and entered upon its minutes, stating the proposition submitted, and showing the whole number of votes cast thereon in such municipal corporation, the number of votes cast therein in favor of consolidation, and the number of votes cast therein against consolidation. § 3. Should majority favor. Question submitted to larger city. If it shall appear from the canvass of the returns of the election mentioned in section two of this act, that a majority of all the votes cast in the municipal corporation in which such election was held, upon the question of consolidation submitted at such election, are in favor of such consolidation, the clerk of the legislative body of such municipal corporation, shall forthwith make, under the seal thereof, and deliver to the clerk of the legislative body of the other of the municipal corporations proposed to be so consolidated, to wit, the municipal corporation having the greater population, a copy in duplicate of the record of such canvass, together with a statement of the proposition submitted at such election. The clerk of the legislative body of such municipal corporation so having the greatest population shall present one such copy of said record and said statement to such legislative body without delay, and retain the other to be filed as hereinafter provided. Upon receiving the copy of such record so presented such legislative body may, by ordinance, approve such consolidation, or, in case of failure to so approve, by ordinance, such consolidation, shall then submit to the electors of such other of the municipal corporations so proposed to be consolidated and having the greatest population, the question whether such consolidation shall be effected. Such question may be so submitted at the next general municipal election to be held in such municipal corporation, or it may be so submitted prior to such general election, either at a special election called therein for that purpose, or at any other special municipal election therein, except an election at which the submission of such question is prohibited by law. Whenever such question is submitted at any election in such municipal corporation, such question shall be stated in the notice of such election and on the ballots to be used at such election, and the electors shall vote thereon, in the same manner as herein before provided in the case of the election mentioned in section two of this act. And whenever such question is submitted at any such municipal election, general or special, as provided in this section, it shall be submitted and voted upon as other questions are required by law to be submitted and voted upon at such elections, except in particulars otherwise in this act set forth; and the laws applicable to and governing the time and manner of giving notice, conducting, holding, canvassing the returns, and declaring the result of any such election shall apply to and govern the submission of such question to the electors of such municipal corporation at any such election. [Amendment of April 2 P. 30.] §4. Declaration of res plete. Immediately upo of any election in the n tion of two municipal co the question of such con three of this act, the having the greater pop and shall cause a record ing the proposition sub cast in such municipal tion at such election, th and the number thereo from the canvass of t the qualified electors of tion. § 5. Question of specify improvement Question submitted t Whenever any two m under the provisions corporations shall ha of, any bonded indeb tion of any municipa vided for in section [Amendment of April 2, 1917. In effect July 27, 1917. Stats. 1917, p. 30.] § 4. Declaration of result. Should majority favor. Consolidation complete. Immediately upon the completion of the canvass of the returns of any election in the municipal corporation having the greater popula tion of two municipal corporations proposed to be consolidated, at which the question of such consolidation was submitted, as provided in section three of this act, the legislative body of such municipal corporation having the greater population shall declare the result of such election, and shall cause a record to be made and entered upon its minutes, stating the proposition submitted, and showing the total number of votes cast in such municipal corporation upon the question of such consolidation at such election, the number thereof cast in favor of consolidation, and the number thereof cast against consolidation. If it shall appear from the canvass of the returns of such election, that a majority of the qualified electors of such municipal corporation, voting on the question of such consolidation, are in favor thereof, the clerk or other officer performing the duties of clerk of the legislative body of such municipal corporation shall promptly make and certify, under the seal thereof, and transmit to the secretary of state, a copy of the record of the canvass of the returns of the election in such municipal corporation having the greater population, at which the question of such consolidation was submitted, and entered upon its minutes as aforesaid, and one copy theretofore delivered to him as aforesaid, of the record of the canvass of the returns of the election in the other of the municipal corporations proposed to be consolidated, together with a statement showing the date of each such election in each such municipal corporation, and the time and the result of the canvass of the returns of each such election. If such consolidation has been approved by ordinance of such legislative body, as herein authorized, a certified copy of such ordinance, giving the date of its passage, shall be substituted in said document in place of the copy of the record of the canvass of the returns of the election in such municipality provided for in case such consolidation was not approved by ordinance. Said document, in either case, shall be filed in his office by the secretary of state immediately upon receipt thereof. Upon the filing of said document in the office of secretary of state, such consolidation shall be deemed to be complete and such municipal corporations shall be deemed to be consolidated and the one of such municipal corporations not having the greatest population shall be deemed to be, and shall be, annexed and joined to and merged into the one of said municipal corporations having the greatest population. [Amendment of April 2, 1917. In effect July 27, 1917. Stats. 1917, p. 31.] § 5. Question of taxation to pay bonded indebtedness. Notice to specify improvements. Canvass of returns. Should majority favor. Question submitted to larger city. When property subject to taxation. Whenever any two municipal corporations are proposed to be consolidated, under the provisions of this act, and either or both of such municipal corporations shall have theretofore incurred, or authorized the incurring of, any bonded indebtedness for the acquisition, construction or comple tion of any municipal improvement or improvements, the petition pro vided for in section two of this act may contain a request that the question to be submitted to the electors of the municipal corporation proposed to be consolidated shall be, whether such municipal corporation shall be consolidated, as hereinbefore in this act provided, and the property in such municipal corporations, shall after such consolidation, be subject to taxation at the same rate, to pay any of such bonded indebtedness specified in said petition; provided, however, that if such petition contains a request that the property in such municial corporations be, after such consolidation, subject to taxation to pay all of the bonded indebtedness incurred or authorized of such municipal corporations, such bonded indebtedness and improvements for which such bonded indebtedness was incurred or authorized may be described in such petition and in all other proceedings hereunder as "the bonded indebtedness of - (insert the names of the municipal corporations)," without specifying the improvements. If such request be made in such petition, proceedings shall be had thereon and the question of such consolidation shall be submitted to the electors in such municipal corporation not having the greatest population, the same in all respects as upon a petition presented under the provisions of section two, excepting that the notice of election shall, in addition to the matters required by said section, distinctly state that it is proposed that the property in such municipal corporations shall be taxed at the same rate to pay such bonded indebtedness set forth in said petition. Notice to specify improvements. Except as herein above provided, the said notice shall, in addition, in general terms specify the improvement or improvements for which such indebtedness was so incurred or authorized, and state the amount or amounts of such indebtedness already incurred, outstanding at the date of the first publication of such notice, and the amount or amounts of such indebtedness theretofore authorized, and to be represented by bonds thereafter to be issued, and the maximum rate of interest payable, or to be payable on such indebtedness. Canvass of returns. The returns of such election held in pursuance of such notice shall be canvassed, as provided in section two of this act, by the legislative body of the municipal corporation in which such election was held, and immediately upon the completion of such canvass, such legislative body shall declare the result of such election and shall cause a record of such canvass to be made and entered upon its minutes, as provided in said section two, and there shall be included in such record a statement of such bonded indebtedness incurred and outstanding, or authorized, as set forth in the notice of such election, for the payment of which the property in said municipal corporations shall be subject to taxation as set forth in the notice of such election. Should majority favor. If it shall appear from such canvass that a majority of all votes cast at such election upon the question of such consolidation, are in favor thereof, the clerk of such legislative body in which such election was held shall forthwith deliver a copy in duplicate of such record and statement to the clerk of the legislative body of the other of the municipal corporations so proposed to be consolidated, and having the greatest population. Question submitted to larger city. Thereupon the legislative body of such other municipal corporation having the greatest population may, by ordinance, approve such consolidation; or, in case of failure to so approve, by ordinance, such consolidation, shall submit the question of be tax in said solidate the first rol! of be subje for the f of April This 8, 1915. § 6. Que rately subn with one n Consolidatio tained shal of any mun of the other with, as sepa the same ele population, of more such ot to such munic ever, upon pro in accordance two or more s of the consolid having the grea corporation must tions, each to be qu the others, the shall be consolida greatest population general municipal or they may be so special election such consolidation to the electors of such other municipal corporation at an election therein in the same manner in all respects as provided in this section for submitting to the electors in such municipal corporation not having the greatest population, and, in other respects, in the same manner as provided in section three of this act. Consolidation complete when. After the passage of said ordinance approving such consolidation, or, if such consolidation was not approved by ordinance if, upon the canvass of the returns of such election it shall appear therefrom, that a majority of the votes cast at such election in such other municipal corporation having the greatest population, upon the question of such consolidation, are in favor thereof, the same proceeding shall be had as provided in section four of this act, and such consolidation shall be deemed to be, and shall be, completed in the same manner, and with the same effect as in said section provided. When property subject to taxation. After the completion of the consolidation of such municipal corporations, as hereinbefore provided, the property in said municipal corporations, so consolidated shall thereafter be taxed at the same rate, to pay such bonded indebtedness set forth in said petition. The property in any such municipal corporations consolidated under the provisions of this act after 12 o'clock meridian of the first Monday in March and before the completion of the assessment rol of such municipal corporation having the greater population shall be subject to taxation for municipal purposes by said consolidated city for the fiscal year following said first Monday in March. [Amendment of April 2, 1917. In effect July 27, 1917. Stats. 1917, p. 32.] This section was also amended April 29, 1915. In effect August 8, 1915. Stats. 1915, p. 311. § 6. Questions of consolidation with more than one city may be separately submitted in larger city. When submitted. Notice. Consolidation with one not affected by rejection of another. Should majority favor. Consolidation completed on filing document. Nothing in this act contained shall be construed to prevent the submission to the electors of any municipal corporation having a greater population than either of the other municipal corporations proposed to be consolidated therewith, as separate propositions to be voted upon separately at one and the same election in the municipal corporation so having the greater population, of the questions of the consolidation therewith of two or more such other municipal corporations, each of which is contiguous to such municipal corporation having the greatest population. Whenever, upon proceedings had and taken, and at elections called and held in accordance with the provisions of this act, the electors of each of two or more such other municipal corporations have voted in favor of the consolidation thereof with the same municipal corporation, having the greatest population, the legislative body of such municipal corporation must submit to the electors thereof, as separate propositions, each to be voted upon separately and without regard to any of the others, the question whether each such other municipal corporation shall be consolidated with such municipal corporation so having the greatest population. Such questions may be so submitted at the next general municipal election to be held in such municipal corporation, or they may be so submitted prior to such general election, either at a special election called therein for that purpose, or at any other special election therein, except an election at which the submission of such questions is prohibited by law. The notice of such election shall state, as separate propositions to be submitted at such election, the question of the consolidation of each such other municipal corporation, in the same manner as hereinbefore provided in the case of the notice of an election in such municipal corporation at which the question of the consolidation of only one other municipal corporation therewith is submitted; and the question, as to each such other municipal corporation, shall be printed upon the ballots to be used at such election and the same shall be voted upon, separately, in like manner as hereinbefore provided in the case of the submission of the question of the consolidation therewith of one such other municipal corporation. The provisions of this act shall apply to the holding and conducting of such election in all respects the same as in the case of an election when only one such question is submitted; provided, however, that the consolidation of such municipal corporation having the greatest population and any other municipal corporation or corporations, upon the question or questions of which consolidation a majority of votes cast thereon at such election shall have been cast in favor thereof, shall not be affected or prejudiced in any manner, in the event that a majority of the votes cast at such election upon the question or questions of the consolidation of such municipal corporation having the greatest population and any other municipal corporation or corporations shall have been cast against such consolidation. If it shall appear from a canvass of the returns of such election, that a majority of the qualified electors of such municipal corporation having the greatest population, voting separately upon the question of the consolidation of the same and ony one or more other municipal corporations are in favor thereof, the clerk or other officer performing the duties of clerk of the legislative body of such municipal corporation having the greatest population shall promptly make and certify, under the seal thereof, and transmit to the secretary of state, a copy of the record of the canvass of the returns of the election in such municipal corporation having the greatest population at which the questions of such consolidations were submitted, and entered upon its minutes as aforesaid, and one of the copies, delivered to him as aforesaid, of the record of the canvass of the returns in each of the other municipal corporations proposed to be consolidated, together with a statement showing the date of the elections in such municipal corporations and in each such other municipal corporation proposed to be consolidated therewith, and the time and result of the canvass of the returns of such elections; provided, however, that the aforesaid record and statement as to any number of such consolidations may be included in one document. Upon the filing of said document in the office of the secretary of state, each such consolidation shall be deemed to be, and shall be complete, and each municipal corporation so consolidated with the municipal corporation having the greatest population, shall be deemed to be, and shall be consolidated with, annexed and joined to and merged into the one of such municipal corporations having the greatest population. § 7. Municipalities to petition for only one consolidation at a time. Five electors may file notice of intention to circulate petition for annexation. Resolution acknowledging notice of intention. Adverse result of election; no new petition within fifteen days. Whenever a 1946 |