Title 40, Municipal Government

If a vacancy occurs in the office of mayor, the city council may call a special city election to fill such vacancy for the unexpired term or may, after fifteen days from the date of such vacancy, elect one of its members to act as mayor. The member so elected shall possess all th…

During the absence of the mayor from the city or during the mayor's temporary disability, the president of the city council shall be the acting mayor and shall possess all the powers of the mayor. In the absence or disability of the mayor and president of the city council, the vi…

The mayor shall preside at all meetings of the city council, but shall not vote except in case of a tie, when the mayor shall cast the deciding vote.

The mayor may remove any officer appointed by the mayor whenever the mayor is of the opinion that the interests of the city demand such removal, but the mayor shall report the reasons for such removal to the council at its next regular meeting.

The mayor may exercise within the city limits the powers conferred upon a sheriff to suppress disorder and keep the peace.

The mayor shall perform all duties prescribed by law or by the city ordinances and shall see that the laws and ordinances are faithfully executed.

The mayor, at any time, may examine and inspect the books, records, and papers of any agent, employee, or officer of the city.

The mayor shall sign or veto each ordinance or resolution passed by the council. Any action vetoed by the mayor may be overridden by the city council as provided under section 40-11-05.

The mayor annually and from time to time shall give the council information relative to the affairs of the city and shall recommend for its consideration such measures as the mayor may deem expedient.

When necessary, the mayor may call on each resident of the city over the age of eighteen years to aid in enforcing the laws and ordinances of the city.

The mayor may appoint any number of police officers the mayor and the city council deem necessary to preserve the peace of the city and the mayor shall appoint one of the number as chief of police. Such appointment shall be subject to the approval of the council.

The mayor of each city may administer oaths and affirmations.

The governing body of a city operating under the commission system of government is the board of city commissioners which is composed of the president of the board of city commissioners and not less than three city commissioners. The number of city commissioners may be increased …

The board of city commissioners shall be the judge of the election and qualifications of its own members.

The members of the board of city commissioners must be elected at large and not by wards. Each voter may vote for one of the candidates for the office of president of the board of city commissioners and for as many candidates for the office of city commissioner as there are commi…

Each commissioner and the president of the board of city commissioners shall hold office for four years commencing on the first day of July of the year in which the officer was elected and until a successor has been duly elected and qualified. The commission shall establish by or…

If the city previously was organized under the council form of government, the first president and the other members of the first board of city commissioners elected after a city has incorporated under the city commission system of government are the successors of the mayor and c…

The commissioners and the president of the board constitute the board of city commissioners and shall take an oath faithfully to perform the duties of their respective offices. The monthly salary of each city commissioner must be fixed by ordinance. The president of a commission …

The president of the board of city commissioners shall be the executive officer of the city and shall see that all the laws of the city are enforced. The president shall have the right to vote as a member of the board but shall have no veto power.

At the first meeting of the board after the newly elected commissioners take office, one of its own members must be elected vice president. The vice president shall perform all the duties of the office of president in the absence or disability of the president to act. In the abse…

If a vacancy occurs in the office of a city commissioner or president of the board of city commissioners, the board may call a special city election to fill such vacancy for the unexpired term, or may, after fifteen days from the date of such vacancy appoint a person to fill such…

The board of city commissioners shall meet in regular meeting at least once a month and at such additional times as the board, by ordinance, may establish. All regular meetings shall be held at a time and place to be designated by the board. No action of the board shall be effect…

The board of city commissioners, by a majority vote of all the members thereof, shall designate from among its members: 1. A police and fire commissioner who shall have under that commissioner's special charge the enforcement of all police regulations of the city and the general …

The commissioner who is the head of each department shall audit all accounts against it, but before payment the accounts shall be acted upon and approved by at least three members of the board of city commissioners. Approval by at least three members of the board of city commissi…

The board of city commissioners shall have the sole authority to pass and adopt rules and regulations concerning the organization, management, and operation of all the departments of the city and the other agencies created by it for the administration of the city's affairs.

Whenever it is necessary for the more effective discharge of its duties, the board of city commissioners may summon and compel the attendance of witnesses and the production of books and papers before it. The board may punish for contempt of the board with the same fines and pena…

1. Except as provided in this section, a member of the board of city commissioners may not: a. Be eligible to any other office the salary of which is payable out of the city treasury; b. Hold any other office under the city government; and c. Hold a position of remuneration in th…

Twenty-five percent or more of the qualified electors of a city, as shown by the number of votes cast for the executive officer of the city at the preceding city election, may petition for the city manager plan of government. Within thirty days after such petition is filed with t…

If a majority of the votes cast on the question at the election favors the adoption of the city manager plan, the governing body shall declare the plan adopted and shall fix the date when the plan becomes effective. The date must be after the first regular meeting of the governin…

The city manager shall be the chief administrative officer of the city and shall be chosen by the governing body solely on the basis of the person's qualifications. The choice shall not be limited to the inhabitants of the city or state and a majority vote of the members of the g…

The city manager may be removed from office summarily by the governing body at any time within six months after appointment. After that period, the city manager may be removed only pursuant to written charges made and filed with the city auditor by the executive officer or by som…

The governing body shall have in addition to other powers granted by law the following powers: 1. It may inquire into the conduct of any office, department, or agency of the city. 2. It may by ordinance establish, change, and abolish offices, departments, and agencies, other than…

The city manager shall: 1. Be responsible to the governing body of the municipality for the proper administration of all of the affairs of the city. 2. Prepare and submit to the governing body an annual preliminary budget as provided for under chapter 40-40, and shall be responsi…

If the powers granted to a city manager by this chapter shall conflict with or shall be opposed to the powers or duties imposed upon or granted by law to the executive officer or governing body, the powers or duties imposed or granted by law to the executive officer or the govern…

At any time after the city manager plan has been in force in any city for a period of five years or more, the governing body of the city may submit at any regular election the question of whether or not such plan shall be retained. If a petition signed by forty percent or more of…

The enacting clause of every ordinance adopted by a municipal corporation shall be: "Be it ordained by the _____________ (governing body) of the city of _____________." Such caption, however, may be omitted when the ordinances are published in book form or are revised and digeste…

All ordinances shall be read twice and the second reading and final passage shall not be had in less than one week after the first reading. After the first reading and before final passage, an ordinance may be amended. Except as otherwise specifically provided, a majority of all …

The yeas and nays shall be taken and entered on the journal of the governing body's proceedings upon the passage of all ordinances and upon all propositions creating any liability against the city or providing for the expenditure or appropriation of money, and in all other cases …

Every municipality shall enact an ordinance providing for the conveyance, sale, lease, or disposal of personal and real property of the municipality. When the property to be disposed of is estimated by the governing body of the municipality to be of a value of less than two thous…

Upon resolution by the governing body of a city authorizing the public sale of real property, a notice containing a description of the property to be sold and designating the place where and the day and hour when the sale will be held shall be published in the city's official new…

1. As an alternative to the procedure established under section 40-11-04.1, the governing body of a city may by resolution: a. Describe the real property of the city which is to be sold; b. Provide a maximum rate of fee, compensation, or commission; and c. Provide that the city r…

An ordinance or resolution adopted by the city council of a city operating under the council form of government is not enacted until the ordinance or resolution is approved by the mayor or passed over the mayor's veto. An ordinance or resolution passed by the governing body of a …

The title and penalty clause of every ordinance imposing any penalty, fine, imprisonment, or forfeiture for a violation of its provisions, after the final adoption of the ordinance, shall be published in one issue of the official newspaper of the city.

Ordinances finally approved by the governing body of a municipality and which require publication shall take effect and be in force from and after the publication thereof unless otherwise expressly provided in the ordinance. Ordinances which do not require publication shall take …

Each municipality shall keep an ordinance book. The city auditor shall record in such book all ordinances finally passed and approved, and when any ordinance has been published, the city auditor shall record therein the affidavit of publication or of posting. The ordinance book, …

The executive officer of a municipality may appoint, by and with the advice and consent of the governing body of the municipality, one or more competent persons to prepare and submit to the governing body, for its adoption or rejection, an ordinance for the revision or amendment …