Title 11 — Title 11

Contests of Election. (a) The mayor of the city or town shall cause the ballots to be used in such election to be printed with the following words thereon: “Shall the agreement for the annexation of (naming the city or town) to (naming the city or town) be ratified?” and printed …

If a majority of the votes cast in such city or town is in favor of ratifying the agreement of annexation and merger, the result shall be so declared, and the mayor of each city or town shall by joint proclamation, published in some newspaper published in the city or town or in t…

The mayor of the city or town to which another city or town is annexed under the provisions of this division shall, within 10 days from the day of the issuing of the joint proclamation of annexation and merger of the one city or town into the other city or town, file with the Sec…

From the time the said triplicate of the agreement is filed in the office of the judge of probate, as required in Section 11-42-127, the proclamations having been made and published as required by Section 11-42-126, the one city or town shall be and shall be held to be annexed to…

The costs and expenses incurred by each city or town previous to holding the election by the city or town proposed to be annexed to the other city or town shall be paid respectively by each city or town, and all other costs and expenses incurred shall be paid by the city or town …

All property and rights of property and assets and interests of every kind and character owned by the city or town annexed to the other city or town shall vest in and become the property and assets of the city or town to which it is annexed. History: (Code 1907, §1143; Code 1923,…

All civil actions pending against the city or town annexed shall, on notice, be made a civil action against the city or town annexing the other city or town, and the right to prosecute to final judgment such civil action or actions against the annexing city or town shall exist th…

Annexed. The agreement of annexation may provide for specific property having a situs thereon embraced in the annexed city or town to be exempt from city or town taxation or the payment of taxes to the annexing city or town for a period not exceeding 10 years and may provide a ma…

Voting Precincts; Rearrangement, Etc., of Boundaries of Wards or Voting Precincts. (a) The council or governing body of the annexing city or town shall create new wards (as many as may be deemed to be necessary) regardless of any limitation in the charter of the annexing city or …

The provisions of this division shall in no wise preclude any city or town from being annexed and merged into another city or town in any way that may be provided by law. History: (Code 1907, §1155; Code 1923, §1850; Code 1940, T. 37, §217.)

Two cities or towns whose boundaries touch may consolidate and merge themselves with a third city or town not contiguous to either, but whose boundary line is within one mile or less of the boundary line of either of the other two cities or towns, in the manner set out in this ar…

Consolidated Municipality Upon Receipt of Petition Requesting Election as to Consolidation. When 10 percent in numbers of the qualified voters according to the last municipal election of each of the municipalities to be consolidated shall sign a petition addressed to their respec…

(a) The governing bodies shall within 10 days thereafter call an election at which the qualified electors residing in the municipalities may vote at their usual voting places for or against consolidation, and the voters residing in the territory outside the limits of either of th…

(a) At the election provided for in this article the municipal authorities shall furnish ballots on which shall be printed: “Election to provide for the consolidation of _______ (Naming the cities or towns to be consolidated). For Consolidation _____ Against Consolidation _____ ”…

Returns; Ascertainment and Publication of Election Results. Within five days after such election the mayor or other chief executive officer shall forward to the probate judge of the county in which such municipalities are located a statement in writing, showing the number of vote…

Disposition of Property, Obligations, and Contracts of Consolidating Municipalities. (a) If the majority of the votes cast in each municipality separately are in favor of consolidation, the three municipalities and other territory included shall be consolidated into one municipal…

of Consolidating Municipalities. The aldermen in office in each of the consolidating municipalities shall constitute the board of aldermen of the consolidated municipality until the next general municipal election after the consolidation. The mayor or chief executive of the large…

Consolidated Municipality. The council of the consolidated municipality shall before the next general municipal election divide the consolidated municipality into a suitable and convenient number of wards, and at the next municipal election thereafter there shall be elected in th…

The consolidated municipality shall collect all taxes or other obligations due the consolidating municipalities and disburse the same. History: (Acts 1919, No. 423, p. 547; Code 1923, §1867; Code 1940, T. 37, §226.)

Municipalities; Election of Board of Education for Consolidated Municipality. The boards of education in the consolidating municipalities shall continue in office and in charge of their respective schools until the next general election after the consolidation, and after such ele…

All rights of action existing against the city or town annexed shall be a right of action against the city or town annexing the other city or town, and a civil action may be brought against the annexing city or town the same as if the right of action originally existed against th…

All civil actions pending brought by the city or town annexed, shall, on motion, be made a civil action by the city or town annexing the other city or town, and the right to prosecute such civil action to final judgment by the annexing city or town shall exist the same as if the …

All rights of action existing in favor of the city or town annexed shall be a right of action existing in favor of the city or town annexing the other city or town, and it may bring a civil action the same as if such right of action originally existed in favor of the annexing cit…

Annexed. All indebtedness and liabilities of every kind and character of the city or town annexed shall be paid or payment thereof assumed by the annexing city or town. As between the city or town annexed and the annexing city or town, the agreement of annexation and the terms th…

of Persons Residing in Annexed Municipality to Enforce Agreement Against Annexing Municipality. The agreement of annexation shall be and shall be held to be a contract by and between the city or town annexed and the city or town to which annexation is made, and no amendment of th…

Annexation Agreement. The council or governing body of the annexing city or town shall enact such ordinances and pass such resolutions as may be necessary or deemed necessary to carry out the agreement of annexation, and any ordinance or resolution enacted or passed by the counci…

Bylaws of Annexing Municipality Applicable to and Enforceable in Municipality Annexed. The annexed city or town from and after the time of annexation, under the terms of this article, shall be and shall be held to be dissolved, and from and after the time of such dissolution all …

Annexed Attach Upon Dissolution of Same. The rights, powers, duties, liabilities, and jurisdiction of the annexing city or town over the territory embraced in the corporate limits of the city or town annexed and over the inhabitants thereof shall attach immediately upon the disso…

Improvements, Etc., of Absorbed Municipalities. When any municipal corporation has been absorbed or its government extinguished by the alteration or rearrangement of the boundary lines of another city or town, the city or town whose boundary lines have been altered and rearranged…

The city or town so altering or rearranging its boundary lines shall become vested with the title and ownership of all property, both real and personal, including taxes, moneys, school buildings and grounds, parks, fixtures and furniture of school buildings, city or town halls, e…

Absorbed Municipalities. The city or town so altering or rearranging its boundary lines, shall not stay, arrest, or interfere with any proceedings for the collection or enforcement of any tax, special assessment, or special tax, and the same shall proceed and be carried to a fina…

Municipalities; Collection and Enforcement of Fines, Recoveries, Judgments, Etc. All civil actions pending in any court on behalf of any city or town so absorbed or whose government is extinguished may be prosecuted or defended in the name of the city or town whose boundary lines…

Municipalities. All the public books, papers, and documents of said city or town so absorbed on file in any office or with any public officer thereof shall be transferred to and filed with the appropriate officer or department of the city or town whose boundary lines have been al…

Absorbed Municipalities. Should the city or town so absorbed or whose government is extinguished own any waterworks, gas or electric light systems, the city or town so altering or rearranging its boundary lines shall take charge of and operate said waterworks, gas or electric lig…

Indebtedness for Municipal Improvements by Expanded Municipality. Should the city or town so altering or rearranging its boundary lines absorb or annex any part of another city or town, the city or town so altering or rearranging its boundary lines shall assume and pay the propor…

Expanded Municipality. Said city or town shall also pay to the city or town from which territory is taken the value of any school property or other property that may be in such annexed territory at the time of such annexation. The amount of said bonded indebtedness and the value …

Parties Consent to Annexation. Whenever the council shall pass a resolution to the effect that the public health or public good requires that certain territory (described in the resolution) shall be brought within the limits of the city or town: (1) It shall be the duty of the ma…

The term “owners,” as used in this article, shall mean the person in whose name the property is assessed for ad valorem tax purposes in the absence of proof to the contrary. History: (Acts 1971, No. 2228, p. 3585, §1.)

Whenever in the opinion of the council or governing body of any city or town the public health or public good requires that the corporate limits of such town or city be reduced and the boundaries thereof reestablished, said council shall pass a resolution defining the proposed co…

and List of Qualified Electors. Upon the passage of such resolution the mayor or person holding the chief office of such city or town shall certify a copy of such resolution, together with a plat or map correctly defining the corporate limits proposed to be established, and the n…

Be Excluded of Hearing to Show Cause Why Proposed Boundary Should Not Be Established and Map or Plat Recorded. Upon the presentation of such certified copy of such resolution, accompanied by the map or plat, the judge of probate shall file the same and issue notice to the persons…

Resolution and Map or Plat When No Protest Filed; Recordation of Map or Plat. On the day so fixed by the judge of probate if no one appears and makes protest against such change, the judge of probate shall make an order which must be entered upon the minutes of the probate court …

Corporate Limits. If any protest against such change is made by any person within the territory to be excluded and reasonable cause is shown which, in the opinion of the judge of probate, requires that such question be submitted to the qualified electors of such city or town, the…

The judge of probate shall give notice of the holding of such election by publication in newspaper published within the city or town, one publication thereof for at least seven days being sufficient, and if no newspaper is published in such city or town then by posting a notice t…

Such election shall be held at the regular voting places in said city or town and all qualified electors residing in said city or town shall have a right to vote thereat. History: (Acts 1923, No. 372, p. 394; Code 1923, §2420; Code 1940, T. 37, §244.)

Etc., of Ballots; Appointment, Etc., of Clerks, Inspectors, and Returning Officer; Ascertainment, Etc., of Election Results; Entry of Order as to Adoption of Proposed Corporate Limits, Etc. (a) The election shall be to determine whether or not the proposed corporate limits shall …

Limits. If it appears that the majority of votes cast in such election are against the adoption of the proposed corporate limits, an order shall be entered by the probate judge dismissing said proposal. History: (Acts 1923, No. 372, p. 394; Code 1923, §2422; Code 1940, T. 37, §24…

The result of such election may be contested by any qualified elector voting at the election in the manner provided for contest of general municipal elections, making the city or town the contestee. History: (Acts 1923, No. 372, p. 394; Code 1923, §2423; Code 1940, T. 37, §247.)

(a) Whenever all of the owners of property located and contained within an area contiguous to the corporate limits of any incorporated municipality located in the state and the property does not lie within the corporate limits or police jurisdiction of any other municipality, sha…

The city or town at whose instance the proceedings are instituted shall pay all costs and expenses incident thereto, including the cost of such election so held. History: (Acts 1923, No. 372, p. 394; Code 1923, §2424; Code 1940, T. 37, §248.)