Title 9 — Cities and Towns

A. If two-thirds of the qualified electors residing in a community containing a population of fifteen hundred or more inhabitants or in a community within ten miles of the boundary of a national park or monument that contains a population of five hundred or more persons petition …

A. Notwithstanding any other law, all territory within six miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons, and all territory within three miles of any incorporated city or town, a…

A. As an alternate procedure for incorporation, any unincorporated community containing a population of seventy-five hundred persons or more, if such community includes all of the territory of a district organized under title 48, chapter 19, which itself includes all of the terri…

A. As an alternate procedure for incorporation, any unincorporated community containing a population of two thousand five hundred persons or more, if such community includes all of the territory of four districts organized under title 48, chapter 10 and all of the territory of a …

A. The supervisors of the county in which a city or town is situated shall, upon the petition of two-thirds of the qualified electors residing within the city or town within sixty days of when the petition is filed, do either of the following: 1. Disincorporate the city or town, …

A. A city or town heretofore incorporated desiring to be reincorporated may, upon petition of a majority of its qualified electors to the board of supervisors of the county in which the city or town is situated, by order of the board of county supervisors, be disincorporated and …

A. When county territory is included within the boundaries of a newly incorporated city or town, all codes, rules and regulations made, established, adopted or enacted by such county, relating to zoning, building, plumbing, mechanical, electrical and health and sanitation shall a…

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 consoli…

A. If the common council of a city and the common council of a town whose boundaries are within five miles of each other at one or more points pass a resolution requesting an election for the purpose of unifying the city and the town into one incorporated city, and a petition is …

A. When two-thirds of the qualified electors in each county residing in a single community containing a collective population of fifteen hundred or more inhabitants petition their respective boards of supervisors, setting forth the metes and bounds of the community and the name u…

Upon petition of two-thirds of the qualified electors residing within a city or town located in more than one county, the boards of supervisors of the respective counties, meeting in joint session may disincorporate the city or town, and appoint a trustee with authority to termin…

The provisions of section 9-103 shall be applicable to incorporations under this article, provided that petitions under this section shall be submitted to the respective boards of supervisors. The boards of supervisors meeting in joint session may order the city or town disincorp…

Any incorporated city or town may annex territory in an adjacent county pursuant to the provisions of section 9-471.

If a city or town is located in more than one county, and the law requires the filing or recording of any paper, document or notice of the taking of any action within a county, such city or town shall perform such filing or recording or take such action within the county in which…

The department of revenue, the county treasurers and every other state department, agency or political subdivision, shall remit to cities and towns located in more than one county their portion of taxes which are collected for and in behalf of the incorporated cities and towns. D…

[Repealed or reserved.]

A. In cities or towns that are not organized under article 3 or 4 of this chapter and in which at the next preceding municipal election less than six hundred votes were cast, the only officers shall be a mayor, a councilman from each district and a marshal or chief of police. B. …

A. The mayor and common council shall appoint a clerk who shall keep the minutes of their proceedings and the accounts of the city or town finances, and whose compensation is fixed at fifteen dollars per month. B. The mayor and common council shall appoint one of their number as …

A. In case of the death, resignation or removal of the chief of police or marshal, city clerk or treasurer, the mayor and common council may fill the vacancy by appointment until the next general municipal election, at which time the office of chief of police or marshal shall be …

A. In all cities or towns not organized under article 3 or 4 of this chapter, in which at the next preceding municipal election not more than eight hundred fifty nor less than six hundred votes were cast, the only officers shall be a mayor, four councilmen, a chief of police, a r…

A. The corporate powers of a town incorporated under section 9-101 shall be vested in a common council. The first common council shall be appointed by the board of supervisors, on declaring the town incorporated, and the members shall continue in office until their successors are…

A. A person shall not be a member of a city or town council unless, at the time of the election, the person is eighteen years old, is a qualified elector residing within the city or town and has resided in the city or town for at least one year next preceding the election, or if …

The common council may by ordinance or resolution prescribe a daily compensation or salary to be paid the mayor, councilmen and administrative board members for the performance of official duties.

The common council may, by majority vote of the qualified electors of the town voting thereon, provide for four-year staggered terms for members of the town council in the manner provided in section 9-272, with respect to cities. In the event the common council consists of five m…

The common council may, by a majority vote of the qualified electors of the town voting thereon either at a regular or special election, provide by ordinance that the mayor shall be directly elected by the electors rather than selected by the common council.

A. The common council, by a majority vote of the qualified electors of the town who vote on that issue, may elect to be governed by a district system of municipal government. In accordance with that election, the common council by a majority vote shall adopt a resolution or ordin…

A. By majority vote of the qualified electors of the town voting on the initiative, the qualified electors may by initiative: 1. Enact term limits on the number of terms a member of the common council or mayor may serve. 2. Enforce term limits on the number of terms a member of t…

The common council shall, by ordinance, fix the time and place of holding stated meetings, and the council may be convened at any time by the mayor. A majority of the councilmen shall constitute a quorum for transacting business but a lesser number may adjourn from time to time a…

A. The common council shall judge the elections, qualifications and returns of its members. It may prescribe rules for the government of its proceedings, may punish any member or other person for disorderly conduct at any meeting of the council by a fine not exceeding twenty doll…

A. The council shall fill a vacancy that may occur by appointment until the next regularly scheduled council election if the vacancy occurs more than thirty days before the nomination petition deadline, otherwise the appointment is for the unexpired term. If the city or town by o…

The mayor of the common council shall be the chief executive officer of the town, and shall perform such duties as may be prescribed by law and ordinance. In case of the absence of the mayor the council may appoint one of their number to act in his stead.

In addition to the common council, the officers of every town shall be a town clerk, town marshal, town engineer and other officers deemed necessary by the common council, who shall be appointed as provided by ordinance of the town.

A. The town clerk shall also be treasurer of the town. The town marshal shall be collector of all taxes of the town. The town engineer shall have charge of the town streets, sewers and water works, and in towns of three thousand or more inhabitants, shall be a competent engineer.…

A. The common council may prescribe the duties and compensation of all officers of the town, and provide, by ordinance, the manner of filling vacancies in such offices. The council may appoint, from time to time, officers and agents of the town whose appointment is not provided f…

A. The common council shall have control of the finances and property of the corporation. B. The common council shall also have power within the limits of the town: 1. To erect, purchase or lease necessary buildings for the purposes of the corporation. 2. To appropriate money and…

A. The corporation may purchase, receive, hold, lease and convey property, real and personal, necessary or proper to carry out the purposes of the corporation, within or without its limits. B. Every conveyance of real property to the corporation shall be in its corporate name. Co…

A. The corporation may own, operate and control hospitals in the interest of the general welfare. B. The council may lease a hospital to a nonprofit association or corporation organized under state law, on such terms and conditions, and for such consideration, as the council may …

A. The common council may require the proprietor of any block, lot or part of a lot within the town to construct a sidewalk in front thereof of a width and type of construction as it may direct, and may by ordinance provide that upon failure of the proprietor to construct the sid…

A. The common council may levy and collect annually, upon the assessed value of the real and personal property within the town, as shown by the equalized assessment roll of the current year, except such as is, or may be, exempt from taxation under the laws of the state, property …

The common council shall, at least ten days before the biennial election, publish in a newspaper published in the town, or if there is none, then post in three or more public places in the town, a full and correct statement of all monies received into the treasury of the town sin…

When a town organized under this article is indebted on an account, the official having power to audit and allow claims against the town shall draw a warrant, substitute check or voucher upon the treasurer for the amount due. The official shall not draw more than one warrant, sub…

No warrant, substitute check or voucher drawn on the treasurer of any town shall be drawn in favor of a person other than the one to whom it is due. The warrant, substitute check or voucher shall be in the form prescribed by ordinance.

A. The treasurer of a city or town shall not pay any warrant, substitute check or voucher unless presented for payment by the person in whose favor it is drawn or the person's assignee, executor or administrator. When a warrant, substitute check or voucher on the treasurer is pro…

An officer of a town who violates any provision of sections 9-247, 9-248 or 9-249 is guilty of a petty offense.

When a town is laid out, the proprietors of the town shall cause to be made an accurate plat or map thereof, setting forth: 1. Streets, alleys, avenues and highways and the width thereof. 2. Parks, squares and other grounds reserved for other uses, with the boundaries and dimensi…

The maps required by section 9-251 shall be acknowledged by the proprietor, or some person for him duly authorized by deed, and a copy thereof, so acknowledged, shall be filed in the office of the county recorder, and also in the office of the clerk of the town.

A. The county recorder shall record the plats in a book to be kept for that purpose, and, when necessary, may reduce the scale of the plat, and upon each record in the book, shall endorse his certificate that the plat is recorded from the original plat filed in his office. B. The…

Upon filing a map or plat, the fee of the streets, alleys, avenues, highways, parks and other parcels of ground reserved therein to the use of the public vests in the town, in trust, for the uses therein expressed. If the town is not incorporated, then the fee vests in the county…

A member of the common council of a town incorporated under the provisions of this article shall not be personally liable in damages or otherwise for an unlawful act of an officer or employee of the town, unless the act is committed by the authority of the member, or he has notic…

A. When a town has acquired a population of three thousand or over and the council shall by resolution so declare, the town may by majority vote of the qualified electors voting thereon assume a city organization having and exercising all rights, powers, authority, duties and pri…