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eBook details

• Title: State Missouri v. City Independence
• Author : Supreme Court of Missouri
• Release Date : January 16, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Appeal from judgment in proceeding in the nature of quo warrantor ousting the City of Independence, Missouri, from exercising jurisdiction over territory purportedly annexed to the City by charter amendments approved by the voters at a special election. The questions are whether the legislative body of a constitutional charter city may, by ordinance, initiate a proposed amendment of its charter and submit it to the voters for approval at a special election under Missouri Constitution, Article 6, Section 20; and, if so, and if the purpose of the proposed amendment as in this instance was annexation of territory to the City of Independence, whether the City was required to submit the proposition of annexation at separate elections held simultaneously in the several territories proposed for annexation under Section 71.870, RSMo 1969. The City of Independence is a constitutional charter city under Missouri Constitution, Article 6, Section 19. On September 18, 1972, its council passed four ordinances, each of which called for a special election to be held in the City of Independence on December 5, 1972, for submission to the votes of the City of proposals to amend the city charter for the purpose of annexing four separate areas or territories in the unincorporated area of Jackson County to the City. Notice of the time, places of holding and purpose of the election was ordered to be given by publication in at least one daily newspaper published in the City, once a week for four consecutive weeks, with the first publication of said notice to be made at least twenty-eight days before, and the last to be made within two weeks of the election. The effective dates of annexation were to be December 31, 1973, for the first area, December 31, 1974, for the second area, and December 31, 1975, for the remaining two areas.

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