11-44E-2
Section 11-44E-2 Authority to adopt mayor/commission/city manager form of government; ordinance
for election of commissioners. At any time upon passage of this chapter and said chapter becoming
law, any Class 5 municipality may adopt the mayor/commission/city manager form of government
by adopting an ordinance by a majority vote of the members of that governing body adopting
the mayor/commission/city manager form of government. Within 30 days of the adoption of the
ordinance adopting the mayor/commission/city manager form of government, members of that governing
body shall adopt a second ordinance for the election of commissioners from six single-member
districts with the district boundaries established therein. (Acts 1988, No. 88-445, p. 660,
§1.02; Acts 1990, No. 90-287, p. 379, §1.)...
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45-8A-23.002
Section 45-8A-23.002 Call of election by mayor. The mayor or other chief executive officer
of such city shall immediately upon receipt of such certificate from the judge of probate,
by proclamation, submit the question of the adoption of the council-manager form of government
for such city, under this part, at a special election to be held at a time specified in such
proclamation, not less than 40 days and not more than 60 days after the receipt of the certificate
from the judge of probate, unless a general or regular election is to be held within 90 days
after receipt of such certificate, in which event the special election herein provided for
shall be held at the same time as such general or regular election. Should the election not
be called by proclamation within 10 days after receipt of his or her certificate, the judge
of probate shall call such election by order at a time specified therein but not less than
40 days and not more than 60 days after the receipt by the mayor or...
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45-8A-23.231
Section 45-8A-23.231 Continuance of present officers. All persons holding administrative office
at the time the council-manager form of government is adopted shall continue in office and
in the performance of their duties until provision shall have been made in accordance therewith
for the performance of such duties or the discontinuance of such office. The powers conferred
and the duties imposed upon any office, department, board, or agency of the city by the laws
of the state shall, if such office, department, board, or agency, be abolished by this part,
or under its authority, be thereafter exercised and discharged by the office, department,
board, or agency designated by the council unless otherwise provided herein. (Acts 1953, No.
404, p. 472, §8.02.)...
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11-43B-29
Section 11-43B-29 Ordinances and resolutions continued in effect; references to city commission,
etc., deemed to refer to city council. All ordinances and resolutions of the municipality
in effect at the time of the adoption of the mayor-council form of government herein established
shall continue in effect unless and until changed or repealed by the council. Whenever, in
any ordinance, resolution, or law in effect at the time of the adoption of this mayor-council
form of government, reference is made to a member of the governing body (by whatever name),
the same shall be construed to refer to the mayor. Whenever in any ordinance, resolution,
or law in effect at the time of the adoption of this mayor-council form of government, reference
is made to the city commission, board of commissioners, the governing body, or like term,
the same shall be construed to refer to the city council. (Acts 1985, 2nd Ex. Sess., No. 85-926,
p. 213, §29.)...
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45-37A-52.06
Section 45-37A-52.06 Election of first council and first mayor; terms of office. Immediately
upon the adoption of such form of government, the judge of probate of the county with whom
the petition was filed shall call an election to be held under and to be governed by this
part not less than 90 days nor more than 120 days after the date of such call, the expense
thereof to be paid by such city, for the election at large of nine council members and a mayor
by the qualified voters of such city. The nine candidates for the council receiving a majority
of the votes cast in the election shall be elected to the council; and in the event that nine
candidates should fail to receive such a majority, then and in that event those candidates
for the council receiving a majority shall be elected, and another election shall be held
upon the same day of the week four weeks thereafter to be called and held in the same mode
and manner and under the same rules and regulations. In the second election...
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45-8A-23.001
Section 45-8A-23.001 Petition for election. The filing of a petition signed by 10 percent or
more of the number of qualified voters who voted in the last city general election held in
such city, asking that the question of the adoption of the council-manager form of government
for such city be submitted to the qualified voters thereof, with the judge of probate of the
county in which such city is located, shall mandatorily require an election to be held as
herein provided. Whenever such a petition purporting to be signed by at least 10 percent of
the number of qualified voters who voted in the last city general election held in such city
shall be presented to such judge of probate, he or she shall examine such petition and determine
whether or not the same is signed by at least 10 percent of the number of qualified voters
who voted in the last city general election held in such city, and if such petition is signed
by the requisite number of voters to require such an election, he or she...
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45-8A-23.003
Section 45-8A-23.003 Second election not called within four years. If the council-manager form
of government is not adopted at the special election so called, the question of adopting such
form of government shall not be resubmitted to the voters of such city for adoption within
four years thereafter, and then the question of adopting the form of government may be resubmitted
in the manner above provided. (Acts 1953, No. 404, p. 472, §1.04.)...
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45-8A-23.232
Section 45-8A-23.232 Status of officers and employees holding positions when council-manager
form of government is adopted. Any person holding an office or position in the civil service
of the city under any civil service or merit system applicable to the city when the council-manager
form of government shall be adopted shall continue to hold such office in the civil service
of the city under the council-manager form of government and with the same status, rights,
and privileges and subject to the same conditions under such applicable civil service or merit
system. (Acts 1953, No. 404, p. 472, §8.03.)...
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11-43A-10
Section 11-43A-10 Continuation of municipal corporation. Any municipal corporation which adopts
the council-manager form of government shall continue its existence as a body corporate without
change in the municipal corporation. The word "municipality" as herein used shall
mean and refer to any municipal corporation which has adopted the council-manager form of
government. The city shall continue as a municipal corporation, within the corporate limits
as then established, and as thereafter fixed in the manner prescribed by law, subject to all
the duties and obligations then pertaining to or incumbent upon it as a municipal corporation
and shall continue to enjoy the rights, immunities, powers, and franchises then enjoyed by
it, as well as those that may thereafter be granted to it. (Acts 1982, No. 82-517, p. 851,
§10.)...
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11-43D-10
Section 11-43D-10 Existing contracts continued in force; completion of public improvements.
All contracts entered into by the municipality, or for its benefit, prior to the adoption
by such municipality of the mayor-council form of government, shall continue in full force
and effect. Public improvements for which legislative steps have been taken under laws existing
at the time of the adoption of the mayor-council form of government shall be carried to completion
in accordance with the provisions of such existing laws. (Acts 1989, No. 89-750, p. 1518,
§10.)...
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