40-03.2 Change From Council System to Modern Council System
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<![CDATA[CHAPTER 40-03.2CHANGE FROM COUNCIL SYSTEM TO MODERN COUNCIL SYSTEM40-03.2-01. Change from council system of government - Petition required. Anycity incorporated as a city under the council form of government may change its organization<br>thereunder and adopt the modern council form of government. The proceeding to change shall<br>be initiated by a petition asking for such change signed by not less than one-third of the qualified<br>electors of the city. For the purpose of this section, the term "qualified electors of the city" means<br>the total number of qualified electors voting at the preceding general election of the city. The<br>signatures to such petition need not be contained in a single paper, but one of the signers upon<br>each paper shall make oath before an officer competent to administer oaths that each signature<br>appearing upon such paper is the genuine signature of the person whose name it purports to be.<br>Each petition, in addition to the names of the signers, shall contain the address of each<br>petitioner, and the length of the petitioner's residence in the city.Any petitioner shall bepermitted to withdraw that petitioner's name from a petition within five days after the petition is<br>filed.40-03.2-02. City auditor to pass on sufficiency of petition. Within thirty days after apetition to change from the council system of government is filed, the city auditor shall examine<br>the petition and ascertain from the voters' register whether or not the petition is signed by the<br>required number of qualified electors. The city auditor shall attach to the petition the city auditor's<br>certificate showing the result of the city auditor's examination, and if the city auditor finds the<br>petition to be insufficient the city auditor's certificate shall show the reason for such<br>determination. An insufficient petition may be amended within ten days after the city auditor's<br>certificate is made. Within thirty days after an amended petition is filed, the auditor shall make an<br>examination thereof, and if the city auditor's certificate shows such amended petition to be<br>insufficient, the petition shall be returned to the person filing the same without prejudice to the<br>filing of a new petition. If the city auditor shall find the petition or the amended petition to be<br>sufficient, the city auditor shall place the same with the city auditor's certificate before the<br>governing body of the municipality.40-03.2-03. Procedure when petition to change from council system of governmentis filed - Special election - Ballot. When a petition to change from the council system of<br>government, together with the city auditor's certificate of sufficiency, is filed with the governing<br>body of a municipality, the governing body shall call a special election at which only the question<br>of changing from the council system of government will be submitted. The date of such election<br>may not be less than thirty days nor more than ninety days after the date the auditor's certificate<br>has been filed. The election must be conducted, returns thereof made, and the result thereof<br>declared in all respects as are other city elections. Notice of such election must be given by the<br>publication of the proposition to be voted upon, the places where the election will be held, and the<br>date of the election, in each newspaper published in the city, not more than twenty days and not<br>less than five days before the date of such election. The ballots to be used at the election<br>provided for in this section must be in substantially the following form:Shall the city of __________________ change from its organization under the council<br>system of government and become a city under the modern council form of government<br>with a five-member (or seven-member, nine-member, or eleven-member) council?YesNoPage No. 1Document Outlinechapter 40-03.2 change from council system to modern council system]]>