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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