§ 80-1118 — Disorganization of certain townships by county commission; attachment of territory to other township; procedure, hearing, protest petition; election

From and after July 1, 2008: (a) The board of county commissioners may disorganize any township if any of the following apply:
(1) The number of residents in the township shall become less than 200;
(2) a vacancy exists in the office of township trustee, clerk or treasurer for two consecutive years; or
(3) the township fails to file an annual budget for two consecutive years.
The territory of any township disorganized under this section shall be attached to one or more townships which are contiguous to such township.
(b) The board of county commissioners desiring to disorganize a township under this section shall adopt a resolution stating the county is considering the disorganization of such township. The resolution shall:
(1) Give notice that a public hearing will be held to consider the disorganization and fix the date, hour and place of the public hearing. Unless the board determines adequate facilities are not available, the public hearing shall be held at a site located within such township. The site and time of the hearing shall be held at a location and time determined to be the most convenient for the greatest number of interested persons.
(2) A copy of the resolution providing for the public hearing shall be published in a newspaper of general circulation of the township.
(c) Following the public hearing the board may pass a resolution disorganizing the township and attaching the territory to one or more adjacent townships. The resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation of the township. The resolution shall take effect 60 days after the final publication unless a petition signed by electors of such township equal in number to at least 10% of the electors who voted at the last general election is presented to the county clerk calling for an election on the issue. Such proposition may be submitted at the next general election held in such townships or at special elections called for that purpose by the board of county commissioners, and shall be submitted on a separate ballot in substantially the following form:
Proposition to consolidate__________________township
(name of township)
with ______________________________ township(s).
(name of township or townships)
Yes ☐ No ☐
If a majority of the votes cast in such township in such election shall be in the affirmative, it shall be the duty of the board of county commissioners of such county to disorganize such township and attach the territory to such other township or townships. The expenses of such election shall be paid by the county from the county general fund.

Legislative History

L. 2008, ch. 163, § 26; May 29.