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No Annexation of a City or Village Without a Vote
Detachment and Reestablishment


Provided on this page, for informational purposes only,
are the proposed Texts of Measure of our two initiative petitions.



Initiative Petition 1:  No Annexation of a City or Village Without a Vote


OBJECT STATEMENT:

The object of this petition is to enact a law prohibiting the annexation of a city or village without a majority vote of its citizens and to provide procedures for the election


TEXT OF MEASURE

(1)        No annexation of a city or village shall occur unless such annexation is approved by a vote of the registered voters residing in the city or village to be annexed. Such election shall occur at the next general or primary election after the initiation of annexation proceedings, or at a special election to be held within ninety days after the initiation of annexation proceedings, as determined by the election commissioner or county clerk. Such question shall be submitted in substantially the following form: Shall the city or village of ............ be annexed to the city or municipal county of ............? The ballot shall provide in the usual manner for a Yes or No vote on the question.

(2)        The election commissioner or county clerk shall give notice of the submission of the question not more than thirty days nor less than ten days before the election by publication one time in one or more newspapers published in or of general circulation within the boundaries of the city or village in which the question is to be submitted. This notice is in addition to any other notice required under the Election Act.  Any election under this section shall be conducted in accordance with the procedures provided in the Election Act.

(3)        If at such election a majority of the votes cast on such question is in favor of such annexation, then such annexation shall occur and take effect on the first day of the second full month following the election, and thereafter the city or village so annexed shall be governed as part of the annexing city or municipal county. If at such election a majority of the votes cast on such question is not in favor of such annexation, then such annexation shall not occur and proceedings to annex such city or village shall not be initiated for a period of five years following the date of such election. 

 

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Initiative Petition 2:  Detachment and Reestablishment


OBJECT STATEMENT:

The object of this petition is to enact a law
providing petition and election procedures for detachment and reestablishment of an annexed city or village and to provide powers and duties relating to such petition and election procedures.


TEXT OF MEASURE

(1)        The registered voters residing in the territory which comprised a city or village which was annexed without a vote of the registered voters residing in the annexed city or village may petition and vote to detach the territory from the annexing city or municipal county and reestablish the laws, ordinances, powers, government, property, and territory of such annexed city or village as it existed immediately prior to the effective date of the annexation. Such a petition must be filed within five years after the effective date of the annexation, except that such five-year period shall be tolled pending a final court decision in any action to contest such annexation.

(2)        If one or more of the registered voters residing in the territory which comprised such annexed city or village file with the election commissioner or county clerk a petition to detach and reestablish such annexed city or village, signed by registered voters residing in such territory at least equal in number to ten percent of the total vote cast for Governor in such annexed city or village at the last election for Governor held in such annexed city or village prior to the effective date of the annexation, the election commissioner or county clerk shall, after ascertaining that the required number of registered voters signed such petition, submit to the registered voters residing in the territory which comprised the annexed city or village at the next general or primary election after the filing of the petition, or at a special election to be held within ninety days after the filing of  the petition, as determined by the election commissioner or county clerk, the question of detachment and reestablishment of such annexed city or village. Such question shall be submitted in substantially the following form: Shall the territory which comprised the former city or village of ............ be detached from the city or municipal county of ............ and the city or village of ............ be reestablished? The ballot shall provide in the usual manner for a Yes or No vote on the question.

(3)        The election commissioner or county clerk shall give notice of the submission of the question not more than thirty days nor less than ten days before the election by publication one time in one or more newspapers published in or of general circulation within the boundaries of the territory which comprised the annexed city or village in which the question is to be submitted. This notice is in addition to any other notice required under the Election Act. Any election under this section shall be conducted in accordance with the procedures provided in the Election Act.

(4)        If at such election a majority of the votes cast on the question is not in favor of detachment and reestablishment, then such detachment and reestablishment shall be rejected and no other petition to detach and reestablish such annexed city or village may be filed.

(5)        If at such election a majority of the votes cast on the question is in favor of detachment and reestablishment, then the annexed city or village shall be detached from the annexing city or municipal county and shall be reestablished in the manner provided in this section.  Such detachment and reestablishment shall take effect on the first day of the second full month following the election, and on that date:

(a)        The laws, ordinances, powers, government, and territory of such reestablished city or village shall be reestablished and shall extend over the territory embraced within such city or village as it existed immediately prior to the effective date of the annexation;

(b)        The former elected officials of such reestablished city or village shall be reestablished in their respective elected positions, and their terms of office shall be the respective remainder of terms of office at the time of annexation. The office of any such official who fails or refuses to resume his or her office shall be filled as provided by law for a city or village of such population;

(c)        The annexing city or municipal county shall deliver and return to such reestablished city or village all funds, effects, and property of any kind which the annexing city or municipal county succeeded to as a result of the annexation;

(d)        All officers of the annexing city or municipal county having books, papers, records, bonds, funds, effects, or property of any kind in their hands or under their control belonging to such reestablished city or village shall deliver the same to the respective officers of such reestablished city or village entitled or authorized to receive the same;

(e)        All taxes, assessments, fines, licenses, fees, claims, and demands of every kind assessed or levied against persons or property within the territory comprising the reestablished city or village shall be paid to and collected by such reestablished city or village;

(f)         All taxes and special assessments which the annexing city or municipal county was authorized to levy or assess and which are not levied or assessed at the time of such reestablishment for any kind of public improvements made by the annexing city or municipal county or in process of construction or contracted for within the territory comprising the reestablished city or village, may be levied or assessed by such reestablished city or village, and such reestablished city or village may reassess all special assessments or taxes levied or assessed by the annexing city or municipal county in all cases in which such reestablished city or village is authorized to make reassessments or relevies of such taxes and assessments;

(g)        The former extraterritorial zoning jurisdiction of such reestablished city or village shall be reestablished and shall extend over the territory embraced within such extraterritorial zoning jurisdiction as its boundaries existed immediately prior to annexation, except that such reestablished extraterritorial zoning jurisdiction shall not include any area within the corporate limits of another city or village; and

(h)        Such reestablished city or village shall have all the powers and duties applicable to a city or village of the same population.

(6)        Proceedings to reannex such a reestablished city or village shall not be initiated for a period of five years after the effective date of reestablishment under this section. Proceedings to reannex such reestablished city or village shall require approval by a majority of the registered voters residing in the city or village and voting on the question of reannexation.

 

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