§ 9-121 — Consolidation of towns

A. When the common councils of two incorporated towns having a common boundary and located in a county having a population of less than one hundred fifty thousand persons each pass a resolution requesting an election for the purpose of consolidating the two towns into one incorporated town, the board of supervisors of the county shall, within sixty days after certified copies of the resolutions of the two towns are filed with the clerk of the board of supervisors, adopt a resolution calling an election upon the question of the consolidation, and the question of the name of the new proposed town, which election shall be held on a date prescribed by section 16-204 but not more than one hundred eighty days after the county resolution is filed. The resolution shall set forth the following:

1. The date on which the election is to be held.

2. The places where votes may be cast, and at least one place shall be designated within the corporate limits of each of the two towns.

3. The hours between which the polling places will be open.

4. The name of the proposed consolidated town listing two to four choices.

B. The election resolution shall be published in full at least once, not less than fifteen nor more than thirty days prior to the date of the election in a newspaper published in the county. If there is no such newspaper, the resolution shall be posted in five conspicuous places in each of the municipalities not less than fifteen nor more than thirty days prior to the date of the election.

C. At the election, the ballot shall contain and may be limited to the following:

1. The phrases "for the consolidation" and "against the consolidation". To the right of and opposite each phrase shall be placed a square approximately the size of squares placed opposite the names of candidates on ballots. The voter shall indicate his vote for the consolidation or against the consolidation by inserting the mark "X" in the square opposite the appropriate phrase. No other question, word nor figure need be printed on the ballot. The ballot need not be any particular size nor need sample ballots be printed, posted or distributed.

2. The phrase "if consolidation is approved, choose one of the following as the name of the new proposed town." To the right of and opposite each suggested name shall be placed a square approximately the size of squares placed opposite the names of candidates on ballots. The voter shall indicate the vote for the name of the new proposed town by inserting the mark "X" in one square only opposite the name chosen.

D. Only qualified electors of the towns shall vote on the question. If a majority of the qualified electors voting thereon, in each incorporated town, votes for consolidation, then the board of supervisors shall by an order entered of record by the board declare the two incorporated towns consolidated into one incorporated town, and the order of the board shall designate the name of the town, which shall be the name chosen by the most voters in the election as set forth in the resolution calling the election.

E. Except as otherwise provided in this article, the manner of conducting the registration and election, keeping the poll lists, making the returns, declaring the results and doing all acts relating to the election shall conform to the procedure provided by law for the registration and qualification of electors and holding elections wherein the question of issuance of bonds of municipal corporations is submitted to an election.

F. The first common council for the new town shall be appointed by the board of supervisors in the manner provided in section 9-231, for towns newly incorporated.

G. The incorporated limits of the new town shall be the combined corporate limits of the two former incorporated towns at the time of the election. The ordinances and resolutions of the former towns shall continue in force unless repealed or changed by the new common council. In case of conflict between ordinances or resolutions, the ordinance or resolution of the former town having the largest population at the last federal decennial census shall prevail. The new town shall be liable for all debts and liabilities of the two former towns, and shall be entitled to receive all property and rights of action belonging to the former towns.

H. Towns incorporated pursuant to this article shall have all powers, duties, rights and privileges granted to incorporated towns under the laws and constitution of the state of Arizona.