11-42-128
Section 11-42-128 When annexation deemed perfected. From the time the said triplicate of the
agreement is filed in the office of the judge of probate, as required in Section 11-42-127,
the proclamations having been made and published as required by Section 11-42-126, the one
city or town shall be and shall be held to be annexed to and merged into the other city or
town under the terms and provisions as set forth in the agreement of annexation and merger.
(Code 1907, §1141; Code 1923, §1836; Code 1940, T. 37, §203.)...
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11-42-122
Section 11-42-122 Execution, approval, and confirmation of agreement as to terms of annexation
and merger. If the commission agrees upon terms of annexation and merger, such agreement shall
be reduced to writing and signed in triplicate by the commissioners or a majority thereof,
and one of the triplicates of the agreement shall be presented to the council or governing
body of each city or town, and if the council or other governing body of each city or town
approves of the agreement reached by the commission, the council or governing body of each
city or town shall pass a resolution confirming such agreement, which resolution shall be
spread upon the minutes of the proceedings of such council or governing body, and the mayor
of each city or town shall notify the mayor of the other city or town of the confirmation
of the agreement by the council or governing body of the city or town of which he is mayor.
(Code 1907, §1135; Code 1923, §1830; Code 1940, T. 37, §197.)...
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11-42-120
Section 11-42-120 Mode of consolidation generally. Any city or town may be annexed to and merged
into a contiguous city or town in the following manner: The mayor of each city or town shall
each appoint two persons, and the four persons thus appointed, with the mayor of each town,
shall constitute a commission to agree upon terms for the annexation and merger of the one
city or town into the other city or town. (Code 1907, §1133; Code 1923, §1828; Code 1940,
T. 37, §195.)...
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11-42-126
Section 11-42-126 Declaration of election result; declaration of annexation of municipality.
If a majority of the votes cast in such city or town is in favor of ratifying the agreement
of annexation and merger, the result shall be so declared, and the mayor of each city or town
shall by joint proclamation, published in some newspaper published in the city or town or
in the county, if no newspaper is published in the city or town, declare the annexation of
the one city or town to the other city or town under the agreement of annexation and merger.
(Code 1907, §1139; Code 1923, §1834; Code 1940, T. 37, §201.)...
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16-8-21
Section 16-8-21 Annexing to city territory embracing schools - When arbitration of agreement
required; appointment of Board of Arbitration. If an agreement under Section 16-8-20 is not
reached within 30 days after the annexation, wherever such annexation occurs in any county
having a population of less than 400,000 according to the last or any succeeding federal census,
or within three years after the annexation, if such annexation occurs in a county having a
population of 400,000 or more according to the last or any succeeding federal census, it shall
then be mandatory to refer the final disposition of the matter to arbitration by a board consisting
of three members, one to be selected by the county board of education, one to be selected
by the city board of education and the third member to be selected by these two members. If
the two said members are unable to agree upon the third member of the Board of Arbitration,
the State Superintendent of Education shall appoint the third...
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11-42-127
Section 11-42-127 Filing and recordation of copy of agreement and merger. The mayor of the
city or town to which another city or town is annexed under the provisions of this division
shall, within 10 days from the day of the issuing of the joint proclamation of annexation
and merger of the one city or town into the other city or town, file with the Secretary of
State one of the triplicates of the agreement of annexation and merger, which must be kept
on file in the office of the Secretary of State, and must also, within said time, file one
of the triplicates of the agreement of annexation and merger in the office of the judge of
probate of the county in which such city or town is situated, and the same must be recorded
by the judge of probate in a record of deeds or mortgages kept in his office. (Code 1907,
§1140; Code 1923, §1835; Code 1940, T. 37, §202.)...
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11-42-123
Section 11-42-123 Ordering of election by proclamation. If the council or governing body of
each city or town confirms the agreement, then the mayor of the city or town proposed to be
annexed to the other city or town shall, by proclamation, order an election to be held on
a day fixed in the proclamation in his city or town, submitting to a vote of the qualified
electors in his city or town the following proposition: "Shall the agreement for the
annexation of (naming the city or town) to (naming the city or town) be ratified?" and
stating in such proclamation that one of the triplicates of the agreement made which is submitted
for ratification is on file in the office of the clerk of such city or town, open to the inspection
of the public. (Code 1907, §1136; Code 1923, §1831; Code 1940, T. 37, §198.)...
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11-42-165
Section 11-42-165 Enactment and passage of ordinances and resolutions to carry out annexation
agreement. The council or governing body of the annexing city or town shall enact such ordinances
and pass such resolutions as may be necessary or deemed necessary to carry out the agreement
of annexation, and any ordinance or resolution enacted or passed by the council or governing
body of the annexed city or town in violation of the terms and provisions of the agreement
of annexation shall be held to be void. (Code 1907, §1150; Code 1923, §1845; Code 1940,
T. 37, §212.)...
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11-42-125
Section 11-42-125 Form and marking of ballots; ascertainment of election results; contests
of election. (a) The mayor of the city or town shall cause the ballots to be used in such
election to be printed with the following words thereon: "Shall the agreement for the
annexation of (naming the city or town) to (naming the city or town) be ratified?" and
printed on the ballot with the above quoted words immediately thereunder the words "Yes"
and "No," and the elector shall designate his choice by marking with ink or pencil
a cross mark (X) in a place to be left before the word expressing his wish. The ballots provided
under the terms of this division need not be of any particular size, form, or color. (b) The
result of the election shall be ascertained in the same manner that the result of the election
of city or town officers is ascertained, and the election may be contested in the same manner
as is provided for the contest of the election of any city or town officers. (Code 1907,...

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11-42-132
Section 11-42-132 Provisions in annexation agreement as to taxation in municipality annexed.
The agreement of annexation may provide for specific property having a situs thereon embraced
in the annexed city or town to be exempt from city or town taxation or the payment of taxes
to the annexing city or town for a period not exceeding 10 years and may provide a maximum
license tax to be annually assessed and collected by the annexing city or town from each and
every person, firm, company, or corporation engaging in or carrying on any business, vocation,
occupation, or profession in the territory exempt from taxation. (Code 1907, §1153; Code
1923, §1848; Code 1940, T. 37, §215.)...
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