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Aug. 13, 1907, p. 790, $ 23.

Ib., § 24.

Extension of Limits of Cities of Twenty-five Thousand Inhabitants.

city or town shall declare in each and every resolution herein provided for and the probate judge shall declare in each and every order directing and ordering an election to be held hereunder, and in every notice given hereunder, and in every order made and entered on the records of the probate court hereunder, that such resolution, order, or notice, as the case may be, is passed, given, or entered under the provisions of this article.

1073. Subsequent elections not held within six months.After an election has been held in any territory under the provisions of this article or any other law, no other or subsequent election shall be ordered or held for the same territory or any part thereof within six months next after said election. 1074. Name, city or town; change of.-Any city or town may change its corporate name by passing an ordinance stating the new name proposed and submitting the question of change to a vote of the qualified electors of such municipality at the next general municipal election to be held therein. The result of the election shall be ascertained by the officers holding such general election and return shall be made to the council which, in the event that a majority of the votes cast at such election are in favor of the change, shall pass a resolution or ordinance declaring the result of the election and stating the new name of the city or town.

ARTICLE 4.

EXTENSION OF LIMITS OF CITIES OF TWENTY-FIVE THOUSAND INHABITANTS;
RIGHTS, POWERS AND DUTIES OF CITIES SO EXTENDED. 1075-1125.

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SECTION.

Extension of Limits of Cities of Twenty-five Thousand Inhabitants.

1095. Joint or several notices or
resolutions.

1096. Contest of right to tax prop-
erty.
1097. Decree of court adjudging
property subject or not sub-
ject to tax; contents of.
1098. Hearing and proceedings on
contest of right to tax.
1099. Appeal by property owner to
circuit court provided for.

1100. Notice of appeal.
1101. Papers transmitted and certi-
fied on appeal.

1102. Judgment or decree on appeal.
1103. Clerk of circuit court certi-
fies back to probate judge.
1104. When property becomes sub-
ject to taxation.

1105. Annexed territory subject to municipal laws.

1106. Wards created; aldermen and councilmen provided for. 1107. Wards divided into voting precincts.

1108. Wards changed and rearranged.

1109. Persons exempt from taxes not entitled to benefits, except as to police and fire protection.

1110. Sanitary sewers and local improvements provided for. curbing; assess

1111. Sidewalks;

ments against abutting

owners for.

1112. Street and road tax.

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1907, p.

352, § 1;

Aug. 13,

1907, P.

604, § 1.

1075. Power to extend corporate limits.-Any city having Mar. 13, twenty-five thousand inhabitants or more, as shown by the next preceding Federal census, or the state census, from time to time, may extend its corporate limits in the manner and with the rights, powers, and privileges as set forth herein, but the provisions of this article shall not preclude any city from extending its corporate limits in any other way or manner that may be authorized by law.

1076. Resolution to extend corporate limits. The council or governing body of the city may pass a resolution to the effect that the public health or public good requires that certain territory, describing it, shall be brought within the limits of the city.

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Ib., § 2.

1077. Copy of resolution and map or plat of proposed terri- ID. tory certified to probate judge. The mayor or other executive head of the city shall certify a copy of such resolution to the judge of probate of the county in which the land is situated

Mar. 13,

1907, p.

352, § 1;

1907, p. 604, § 2.

Extension of Limits of Cities of Twenty-five Thousand Inhabitants. proposed to be brought into the city, and said certified resolution shall have attached thereto a plat or map of the territory proposed to be brought into the corporate limits of the city, which certified resolution and plat or map shall be filed with the judge of probate.

1078. Probate judge orders election.-Within ten days of the date of the filing of such certified copy of resolution, with Aug. 13, plat or map attached, the judge of probate must make and enter an order upon the minutes of said court, directing and ordering an election to be held by the qualified electors residing within the territory described in such plat or map, not less than twenty days nor more than forty days from the date of the making of the order.

Ib.

Ib.

Ib.

Ib.

Ib.

1079. Notice and publication of such election. The said judge shall give notice of the holding of such election by publication in at least one newspaper, and at the discretion of the judge, in more than one newspaper, published in the county wherein such election is to be held, which notice shall state the day on which such election will be held, the voting place or places at which the election will be held, the boundaries within which voters must reside to vote at the respective voting places, which must be within the territory proposed to be brought into the city, and such notice must give a description of the territory proposed to be brought within the city, and must state that a map showing the territory proposed to be brought into the city is on file in the office of the judge of probate of said county, open to the inspection of the public. 1080. Probate judge designates places for holding elections and territory of voters.-The judge of probate may designate as many places within the territory proposed to be annexed as he may deem necessary for the convenience of the voters, and must designate the boundaries within which the voters must reside to vote at the respective voting places.

1081. Probate judge appoints managers and officers of elections. The probate judge shall appoint three inspectors of election and one returning officer for each voting place, which inspectors shall manage the election at the respective voting places at which they are appointed inspectors.

1082. Qualification of voters.-Each qualified voter who has resided within the boundaries of the territory proposed to be brought into the city for three months next preceding the election, may vote at such election, but must vote at the voting place designated by the judge of probate for voters in the territory in which he resides, within the territory proposed to be brought into the city.

1083. Election conducted under general election law; exceptions. The election to determine whether or not the proposed

Extension of Limits of Cities of Twenty-five Thousand Inhabitants. territory shall be brought within the corporate limits of the city must be conducted in all respects as provided by the general election laws, and under the same sanction and penalties, except as changed by the provisions of this article and except that an official ballot need not be provided.

1907, p.

1907, p.

1084. Ballot; character and preparation of.-Each voter Mar. 13, may furnish his own ballot, with the following words written 352, § 1; or printed thereon: "For Annexation," if he desires to vote Aug. 13, in favor of annexing the territory to the city, or "Against 604. $2. Annexation," if he desires to vote against annexing the territory to the city. It shall not be necessary for the ballot to be of any particular size, form, or color.

1085. Result ascertained and certified. The inspectors at ь. the respective voting places must, as soon as the polls are closed, ascertain and certify the results of the election at their respective voting places to the judge of probate and deliver the same to the returning officer, who must at once return the same to the judge of probate.

1086. Canvassing returns; orders and decrees relating to. Ib. The judge of probate must canvass the returns as made by the inspectors, and if it appears that a majority of the votes cast at the election were in favor of "For Annexation" the judge shall make and enter an order on the records of the probate court adjudging and decreeing the corporate limits of the city to be extended so as to embrace the territory described in the resolution and designated on the plat or map attached to the resolution, and must cause the certified resolution and all orders or decrees or judgments to be recorded in the records in his office, and must also cause the map or plat to be recorded in the map records in his office, and from the time of the entry of such order such territory shall be a part of and within the corporate limits of the city with the limitations, rights, powers, and privileges set forth in this article. If it appears that a majority of the votes cast at the election are "Against Annexation," the judge of probate shall make and enter an order on the records of the court adjudging and decreeing that a majority of the votes cast at such election were cast against coming into the corporate limits of the city, and that the territory described and designated in the resolution and plat or map attached shall not form a part of or be embraced in the city until it may thereafter be brought into the city as a part thereof.

1087. Contest of election. The result of such election may Ib.. be contested by any qualified elector voting at the election, as is provided by general law for contesting the election of justice of peace, making the city the contestee.

Mar. 13,

Extension of Limits of Cities of Twenty-five Thousand Inhabitants.

1088. Costs of election.-The city at whose instance the election is held shall pay all cost and expense incident to the Aug. 13, election.

1907, p. 352, § 2;

1907, p. 604, § 2.

Ib.

Ib., § 3.

Ib.

Ib.

1089. Plat or map of annexed territory. The plat or map filed with the certified copy of the resolution as required in this article should show the boundary of the territory proposed to be taken into the city, which territory must be contiguous to the boundary of the city at some point, and such territory may extend to or around the boundary line of any other city, but is not to embrace any territory within the corporate limits of another city.

1090. Property of annexed territory exempt from taxation. -All territory brought within the corporate limits of a city under the provisions of this article, and all property having a situs within such territory, shall be exempt from city taxation or the payment of taxes to the city for the period of not less than ten nor more than fifteen years from the time when such territory is brought within the corporate limits of the city, which period of exemption shall be fixed in the resolution passed by the council or governing body of the city authorized under the provisions of section 1076 of this Code, except as provided in sections 1091 and 1092 of this Code.

1091. Property of annexed territory subject to taxation after five years. From time to time after the lapse of five years from the time when such territory is brought within the corporate limits of the city, all portions of such territory as has residing on it a population of at least twenty persons on a contiguous ten acres of land (in the form of a square or any other shape) and all property having a situs on such populated territory, shall thereafter be subject to taxation by the city and taxes thereon shall be paid to the city.

1092. Mining, manufacturing, or industrial plants exempt from taxation.—All portions of such territory which is at the time it is brought within the corporate limits of the city used or occupied as or as a part of a mining, manufacturing, or industrial plant or construction, or which is used or occupied as or as a part of a railroad or street railroad, or for any other quasi public use, and continues to be so used, and all property having a situs on such territory (but not including residences, dwelling-houses, storehouses, commissaries, warehouses, or the land on which they are situated) shall be exempt from city taxation for a period of ten years; and all portions of such territory which, after it is brought within the corporate limits of the city, is used or occupied by a new construction as or as a part of mining, manufacturing, or industrial plant or construction, or which is used or occupied as or as a part of a railroad or a street railroad, or for any other quasi public

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