7-3-4311. Procedure for multimunicipality organization -- petition -- election -- elector qualifications. (1) Whenever the inhabitants of any community or group of communities in any county, whether separately incorporated in whole or in part or unincorporated, desire to be organized into or annexed to an incorporated city or town under the provisions of this part and part 44, the board of county commissioners of the county may or, if presented a petition signed by at least 25% of the qualified electors in the community or group of communities, shall issue a proclamation ordering an election to be held in accordance with Title 13, chapter 1, part 4.
(2) At this election, the question of the organization of the community or group of communities as a municipality under the provisions of this part and part 44 must be submitted to the qualified electors within the proposed municipal district. The proclamation must specify the time when and the places where the election will be held and must define the boundaries of the proposed municipal district, which must include all communities, cities, and any additional adjacent territory that, in the judgment of the board of county commissioners, provides for future urban growth.
(3) If a majority of the qualified electors at the election vote in favor of the organization of the municipal district or in favor of annexation to an incorporated city or town, then the board of county commissioners shall declare the result of the election.
(4) The commissioners shall also give notice as required in 13-1-108 for the first election for commissioners of the municipal district under this section.
(5) The election for commissioners must be conducted in accordance with Title 13, chapter 1, part 4. Persons qualified pursuant to 13-1-111 and who have resided within the limits of the municipal district for 6 months are qualified electors.
(6) The commissioners elected must qualify in the manner prescribed by law for county officers.
History: En. Sec. 9, Ch. 152, L. 1917; amd. Sec. 1, Ch. 44, L. 1919; re-en. Sec. 5408, R.C.M. 1921; re-en. Sec. 5408, R.C.M. 1935; R.C.M. 1947, 11-3209; amd. Sec. 13, Ch. 250, L. 1985; amd. Sec. 23, Ch. 387, L. 1995; amd. Sec. 71, Ch. 49, L. 2015.
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