The
original terms of existence of any community municipal
corporation shall be for at least four years and until the first
Monday in January next following a regular municipal election
held in the city.
Any such community municipal corporation may be continued
thereafter for additional periods of four years' duration with
the approval of the voters at an election held and conducted in
the manner provided for in this section.
Authorization for a community municipal corporation to
continue its term of existence for each additional period of four
years may be initiated pursuant to a resolution or a petition in
the following manner:
(1) A resolution praying for such continuation may be
adopted by the community council and shall be filed not less than
seven months prior to the end of the term of existence of such
corporation with the city council or other legislative body of
the city in which the service area is located.
(2) A petition for continuation shall be signed by at least
ten percent of the registered voters residing within the service
area and shall be filed not less than six months prior to the end
of the term of existence of such corporation with the city
council or other legislative body of the city in which the
service area is located.
At the same election at which a proposition is submitted to
the voters of the service area for the continuation of the
community municipal corporation for an additional period of four
years, the community councilmembers of such municipal corporation
shall be elected. The positions on such council shall be the
same in number as the original or initial council and shall be
numbered consecutively and elected at large. Declarations of
candidacy and withdrawals shall be in the same manner as is
provided for members of the city council or other legislative
body of the city.
Upon receipt of a petition, the city clerk shall examine the
signatures thereon and certify to the sufficiency thereof. No
person may withdraw his or her name from a petition after it has
been filed.
Upon receipt of a valid resolution or upon duly certifying a
petition for continuation of a community municipal corporation,
the city clerk with whom the resolution or petition was filed
shall cause a proposition on continuation of the term of
existence of the community municipal corporation to be placed on
the ballot at the next city general election. No person shall be
eligible to vote on such proposition at such election unless he
or she is a qualified voter and resident of the service area.
The ballots shall contain the words "For continuation of
community municipal corporation" and "Against continuation of
community municipal corporation" or words equivalent thereto, and
shall also contain the names of the candidates to be voted for to
fill the positions on the community council. The names of all
candidates to be voted upon shall be printed on the ballot
alphabetically in groups under the numbered position on the
council for which they are candidates.
If the results of the election as certified by the county
canvassing board reveal that a majority of the votes cast are for
continuation, the municipal corporation shall continue in
existence for an additional period of four years, and
certificates of election shall be issued to the successful
candidates who shall assume office at the same time as members of
the city council or other legislative body of the city.
[2009 c 549 § 2013; 1967 c 73 § 6.]