11-44C-91
Section 11-44C-91 Procedure for changing form of government; change from mayor-council form
prohibited for two years. The city is prohibited from changing from the mayor-council form
of government within two years after the adoption thereof. At the end of such period, or at
any time thereafter, the city's form of government may be amended or changed when: (1) A written
petition executed by 10 percent of the number of those who voted in the last city election
is submitted to the council with the proposed changes or amendments incorporated in the petition;
after presentation of the petition, the council shall call for a referendum vote on the proposed
changes and amendments, and (2) A majority of the votes cast in the referendum is in favor
of the proposed changes or amendments. After the council receives the proposed changes and
petition, it shall call a special election for the purpose of determining whether the city
shall adopt the changes or amendments. Notice shall be given of the...
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45-37A-52.199
Section 45-37A-52.199 When part takes effect. For the purpose of nominating and electing members
of the council and the mayor, this part shall become applicable to any city adopting the mayor-council
form of government upon the filing of the certificate of adoption by the judge of probate
with the mayor or other chief executive office of the city as provided for in Section 45-37A-52.05.
For all other purposes this part shall become applicable to the city at the time when the
first council of such city elected under the provisions hereof takes office and qualifies.
(Acts 1955, No. 452, p. 1004, §7.10.)...
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11-44B-11
Section 11-44B-11 City clerk, finance director, revenue director, city attorney, assistant
city attorneys, and city department heads continued in office; powers and duties; claims against
city; financial records; warrants; deposit of public money; payment of moneys due municipality;
office space, supplies, and other support. (a) If the city clerk of any city which adopts
the mayor-council form of government as herein provided holds office subject to any civil
service or merit system, such clerk shall continue to be the city clerk under the mayor-council
form of government of such city and his successors shall be selected and hold office subject
to the provisions of such civil service or merit system. The city clerk shall attend the meetings
of the council and keep a record of its proceedings. He shall have the custody of the rules,
ordinances and resolutions of the council and shall keep a record of them when adopted by
the council. He shall also have the custody of the city seal....
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45-8A-23.055
Section 45-8A-23.055 Presiding officer; mayor and assistant mayor. (a) The councilman elected
by all of the qualified electors of the city shall have the title of mayor. He or she shall
preside at meetings of the council, shall be recognized as the head of the city government
for all ceremonial purposes and by the Governor for the purposes of military law, shall serve
as chief executive officer for the city, shall develop the basic objectives and policies of
the city in conjunction with the council and with advice from the city manager, shall ensure
the preparations of adequate plans for the long-range growth and development of the city and
annually present such plans for the review of the public and approval by the council, shall
ensure the preparations of plans for the development of resources in this the city and periodically
present such plans to the council for review and approval, shall maintain programs along with
the council to ensure successful future management of the city,...
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11-44C-38
Section 11-44C-38 Divisions of city government; executive directors of divisions; city attorney;
outside counsel. (a) There are hereby created three divisions of city government: public works,
finance, and public safety. Each division may have an executive director appointed by the
mayor with the approval of a vote of five members of the council, who shall be an officer
of the city and shall be responsible for the supervision and control of such officer's jurisdiction.
Said executive director shall not be subject to the city merit system and shall serve at the
pleasure of the mayor; provided, however, each such officer shall be removed from office only
upon recommendation of the mayor and approval of five council members. Upon the first vacancy,
of any nature whatsoever, in the office of police chief or fire chief, the mayor may appoint
the police chief and fire chief, respectively, from outside the said merit system, with the
approval of five members of the council who shall serve at...
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11-44C-93
Section 11-44C-93 Provisions applicable regardless of form of government chosen. It is the
legislative intent of this bill that the following provisions shall apply regardless of which
form of government the majority of the qualified electors voting in the election provided
herein choose: (1) Within 30 days of taking office, the officials of the form of government
chosen shall adopt an ordinance to provide that all appointments made by the mayor, council
or city commission to positions in city government, boards, commissions, agencies, authorities,
or any other organization or entity of the city or to any positions to which said officials
make appointments, shall fairly and equitably reflect the makeup of the total community with
due consideration given to all demographic characteristics of the population. (2) Within 30
days of taking office, the officials of the form of government chosen shall adopt an ordinance
to provide that all contracts or agreements entered into by the city or...
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45-37A-52.160
Section 45-37A-52.160 Director of finance - Appointment. There shall be a department of finance,
the head of which shall be the director of finance, who shall be appointed by the mayor, subject
to any merit or civil service system which is applicable to such city. He or she shall be
the chief financial officer of the city. The chief financial officer of any city which adopts
the mayor-council form of government who holds office under any civil service or merit system
applicable to such city shall be the first director of finance under the mayor-council form
of government. (Acts 1955, No. 452, p. 1004, §6.01.)...
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11-44B-7
Section 11-44B-7 Powers and duties of mayor. The mayor shall preside at all meetings of said
council and sit with said council. Provided, however, the mayor shall not, for any purpose,
be a member of the council, shall vote only in the case of a tie, and shall have the right
of veto as provided herein. (1) The mayor shall be the chief executive officer, and shall
have general supervision and control of all other officers and the affairs of the city except
as otherwise provided by this article and general statutes of the state. (2) The mayor shall
devote full time to the duties of his office. The mayor shall maintain an office at the city
hall and be present thereat during reasonable hours when not otherwise absent therefrom on
other duties of the city. (3) The mayor shall, each quarter, prepare a detailed statement
of all receipts and expenses of the city, and annually, at the end of each fiscal year, the
mayor shall cause the books and accounts of the city to be audited by a...
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11-43A-114
Section 11-43A-114 Referendum ballots. At such referendum, the proposition to be submitted
shall be printed in plain prominent type on ballots separate and distinct from ballots used
for any other office or question and shall read as follows: "Check one of the following:
(1) The City of ___ shall adopt and operate under the council-manager form of government pursuant
to the 'Council-Manager Act of 1991.' Yes ( ). or (2) The City of ___ shall adopt and operate
under the mayor-council form of government pursuant to Section 11-43-1 et seq. Yes ( )."
The voter shall mark his ballot with a cross mark (X) after the proposition which expresses
his choice. If voting machines are used at any voting place in such election, the above propositions
may, at the discretion of the election commission or other body or official having charge
of the conduct of municipal elections, be submitted as separate propositions on voting machines
so used. (Acts 1991, No. 91-545, p. 973, §45.)...
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11-42-101
Section 11-42-101 Mode of consolidation - When municipalities to form new corporate organization.
If municipalities desiring to consolidate wish to form a new and distinct corporate organization
to be operated under the name of either one of such municipalities or a different name, the
several councils, upon the filing with the mayor or chief executive officer or chief executive
authority of each of such municipalities of a petition signed by not less than one fourth
of the number of the qualified electors residing in each of such municipalities setting forth
that they desire the consolidation of such municipalities, shall each pass an ordinance expressing
the purpose thenceforth to operate as one municipal corporation under the name therein mentioned
and call an election to be held simultaneously in the several municipalities on a day designated
by said ordinances, not less than 30 days after the passage thereof. Such election shall be
conducted in the same manner as general municipal...
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