45-8A-110
Section 45-8A-110 Annexation based on resolution of public health or public good; elections.
(a) Whenever the council of the City of Oxford shall pass a resolution to the effect that
the public health or public good requires that certain territory (described in the resolution)
shall be brought within the limits of the City of Oxford: (1) It shall be the duty of the
mayor to certify a copy of such resolution to the Judge of Probate of Calhoun County and the
certified resolution shall have attached thereto a plat or map of the territory proposed to
be annexed, which certified resolution and plat or map shall be filed by the judge of probate.
(2) Within 10 days from the date of the filing of such resolution, the judge of probate must
make and enter an order upon the minutes of the court, directing and ordering an election
to be held by the qualified electors residing within the territory described, not less than
20 days nor more than 40 days from the date of the making of the order. The...
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11-42-2
Section 11-42-2 Annexation election and proceedings generally; proceedings where parties consent
to annexation. Whenever the council shall pass a resolution to the effect that the public
health or public good requires that certain territory (described in the resolution) shall
be brought within the limits of the city or town: (1) It shall be the duty of the mayor to
certify a copy of such resolution to the judge of probate of the county in which the land
proposed to be annexed is situated, and said certified resolution shall have attached thereto
a plat or map of said territory, which certified resolution and plat or map shall be filed
by the judge of probate. (2) Except as provided in subdivision (9) of this section, the judge
of probate shall, not less than 10 nor more than 15 days from the date of the filing of such
resolution, 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...
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11-42-51
Section 11-42-51 Canvassing of returns; entry, recordation, etc., of orders, maps, etc., as
to annexation of territory. 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 "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...
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11-42-207
Section 11-42-207 Question submitted; conduct of election generally; form, marking, etc., of
ballots; appointment, etc., of clerks, inspectors, and returning officer; ascertainment, etc.,
of election results; entry of order as to adoption of proposed corporate limits, etc. (a)
The election shall be to determine whether or not the proposed corporate limits shall be established,
and such election must be conducted in all respects as provided by the general election laws
and under the same sanctions and penalties, except as changed by the provisions of this article
and except that no official ballot need be provided. (b) Each voter may furnish his own ballot
with the following words written or printed thereon: "For adoption of the proposed corporate
limits," if he desires to vote in favor of proposed corporate limits or "Against
the adoption of proposed corporate limits," if he desires to vote against the adoption
of proposed corporate limits. It shall not be necessary for the ballot to...
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11-42-42
Section 11-42-42 Certification and filing of resolution and map or plat of territory to be
annexed with probate judge. (a) 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 proposed
to be brought into the city is situated, 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.
(b) The plat or map filed with the certified copy of the resolution as required in subsection
(a) of this section shall 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 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. (Code 1907, §§1077, 1089; Code...
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11-42-43
Section 11-42-43 Ordering of election. Within 10 days of the date of the filing of such certified
copy of resolution with 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
20 days nor more than 40 days from the date of the making of the order. (Code 1907, §1078;
Code 1923, §1772; Code 1940, T. 37, §141.)...
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11-41-4
Section 11-41-4 Certification of election result to probate judge; census enumeration of inhabitants;
issuance, recordation, and filing of order of incorporation; filing fee. Within five days
after the election, the inspectors must certify the result to the judge of probate, who must,
if a majority of the votes cast at the election are for "corporation," cause an
enumeration of the inhabitants residing within such territory to be made by such inspectors
or other persons appointed by him and, within three days after such enumeration has been completed
and returned to him, shall make an order to be entered of record in the minutes of the court
that the inhabitants of such territory are incorporated as a town or city, as the case may
be, by the name and with the boundaries shown by the petition, whereupon such town or city
shall be vested with the rights and powers incident to such corporations granted in this title.
The judge of probate shall file, within 10 days after its issuance, a...
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11-42-55
Section 11-42-55 Requirement as to resolutions, orders, or notices under article. In every
proceeding to extend the corporate limits of any city under the provisions of this article
the council of such city shall declare in each and every resolution provided for in this article
and the probate judge shall declare in each and every order directing and ordering an election
to be held under this article and in every notice given hereunder and in every order made
and entered on the records of the probate court under this article, that such resolution,
order, or notice, as the case may be, is passed, ordered, or given under the provisions of
this article. (Code 1907, §1124; Code 1923, §1818; Code 1940, T. 37, §186.)...
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11-42-204
Section 11-42-204 Order to be entered directing election as to establishment of proposed corporate
limits. If any protest against such change is made by any person within the territory to be
excluded and reasonable cause is shown which, in the opinion of the judge of probate, requires
that such question be submitted to the qualified electors of such city or town, the judge
of probate shall make an order and enter the same upon the minutes of the probate court directing
and ordering an election to be held by the qualified electors of said city or town not less
than 10 nor more than 30 days from the making of such order. (Acts 1923, No. 372, p. 394;
Code 1923, §2418; Code 1940, T. 37, §242.)...
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11-42-205
Section 11-42-205 Notice of election. The judge of probate shall give notice of the holding
of such election by publication in newspaper published within the city or town, one publication
thereof for at least seven days being sufficient, and if no newspaper is published in such
city or town then by posting a notice thereof at three public places in said city or town,
which notice shall state the day on which such election is to be held, describe the proposed
corporate limits as fixed by said resolution, and state that a map of such territory is on
file in the office of judge of probate of said county, open to public inspection. (Acts 1923,
No. 372, p. 394; Code 1923, §2419; Code 1940, T. 37, §243.)...
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