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• • <br />• Art. 1189. Petition; elections; contests; time ]imitations <br />(a) ~~'henevcr as many as one hundred (100) qualified voters of each <br />of said cities shall petition the governing body of their respective cities <br />to order an election for the purpose of voting on the consolidation of such <br />cities into one city, said Lodies may order an election to be held at the <br />usual voting places in the city on such proposition. If any such petition <br />be signed, however, Ly qualified voters equal to fifteen percent (l5;'0) of <br />the total vote cast at the last preceding general elec•tivn fur city officials <br />• in any of said cities, next preceding the filing of said petitions, the re- <br />spective governing Lodies receiving such a petition shall order an election <br />to be held on such proposition, except as hereinafter Iu•ovided. <br />(b) The election on consolidation shall first be held in the city having <br />the smallest population according to Lhe last preceding Federal Census. <br />~i'hen a petition for consolidation has been presented to the governing <br />body of the city having the smallest population, such governing bod}• may, <br />on a petition signed by one hundred (100) qualified voters, order an elec- <br />tion for such purpose tivithin forty-five (45) days after the receipt there- <br />of. Upon the presentation of a petition in the city having the smallest <br />population sibned b}• qualified voters equal to fifteen percent (15 0) of <br />the total vote cast at the last preceding general election for the city of- <br />ficials in such city next preceding the filing thereof, the governing body <br />of the city shall order an election within forty-five (45) days after the <br />filing of the petition. Any such election shall be held within not less <br />than thirty (30) nor more than ninety (90) days from the date of the <br />election order. <br />(c) «'hen the proposition has received a majority vote in favor of <br />consolidation at an election in any city, the larger city or cities where no <br />election has been held, in inverse order of rank in population according to <br />• the last preceding Federal Census, may or shall, depending on the number <br />of qualified signatures on the petition presented in each such city, order <br />an election on the same proposition ~ti•ithin forty-five (45) days after the <br />election returns have been canvassed in the neat smaller city in which a <br />majority have voted in favor of consolidation. Any such election shall <br />be held within not less than thirty (30) nor mvre than ninety (90) days <br />from the date of the election order. If the proposition for consolidation <br />fails to receive a majority of the votes in :rn election held for that purpose <br />in any city, the larger city or cities which have not held an election shall <br />not order an election for consolidation. <br />(d) If an election contest is timely filed in any such election, the <br />governing body of each ):u•ger city which has not held its consolidation <br />elective may defer holding the election until the election contest is finally <br />terminated. If no election curtest is timely filed in any such election, <br />the governing body of the next larger city may, when acting on a petition <br />filed by one hundred qualified voters, and shall, when acting on a petition <br />filed by voters equal to fifteen percent (15 0) of the total vote cast at the <br />last preceding general election for city officials, order an election for <br />such purpose. <br />(e) If the proposition for consolidation fails to receive a majority of <br />votes in favor thereof in an election in any of such cities, no cvnsolidation <br />election involving the same irlcntical cities on the consolidation proposi- <br />tion which is defeated shall Lc held within two (2) years from the date <br />of fhe defeat of such proposition in a consolidation election in any such <br />city. <br />Amended by Acts 1971, G2nd Leg., p. G8, ch. 35, ~ 1, eff. `,f arch 22, 1971. <br />• <br />