Territory located within a component county that is annexed to a
component city after the establishment of a metropolitan
municipal corporation shall by such act be annexed to the
metropolitan municipal corporation. Territory within a
metropolitan municipal corporation may be annexed to a city which
is not within such metropolitan municipal corporation in the
manner provided by law and in such event either (1) such city may
be annexed to such metropolitan municipal corporation by
ordinance of the legislative body of the city concurred in by
resolution of the metropolitan council, or (2) if such city shall
not be so annexed such territory shall remain within the
metropolitan municipal corporation unless such city shall by
resolution of its legislative body request the withdrawal of such
territory subject to any outstanding indebtedness of the
metropolitan corporation and the metropolitan council shall by
resolution consent to such withdrawal.
Any territory located within a component county that is
contiguous to a metropolitan municipal corporation and lying
wholly within an incorporated city or town may be annexed to such
metropolitan municipal corporation by ordinance of the
legislative body of such city or town requesting such annexation
concurred in by resolution of the metropolitan council.
Any other territory located within a component county that
is adjacent to a metropolitan municipal corporation may be
annexed thereto by vote of the qualified electors residing in the
territory to be annexed, in the manner provided in this chapter.
An election to annex such territory may be called pursuant to a
petition or resolution in the following manner:
(1) A petition calling for such an election shall be signed
by at least four percent of the qualified voters residing within
the territory to be annexed and shall be filed with the auditor
of the central county.
(2) A resolution calling for such an election may be adopted
by the metropolitan council.
Any resolution or petition calling for such an election
shall describe the boundaries of the territory to be annexed, and
state that the annexation of such territory to the metropolitan
municipal corporation will be conducive to the welfare and
benefit of the persons or property within the metropolitan
municipal corporation and within the territory proposed to be
annexed.
Upon receipt of such a petition, the auditor shall examine
the same and certify to the sufficiency of the signatures
thereon. Within thirty days following the receipt of such
petition, the auditor shall transmit the same to the metropolitan
council, together with his or her certificate as to the
sufficiency thereof.
[2009 c 549 § 2111; 1993 c 240 § 18; 1969 ex.s. c 135 § 3; 1967 c 105 § 15; 1965 c 7 § 35.58.530. Prior: 1957 c 213 § 53.]