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40-04.1 Modern Council Form of Government

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CHAPTER 40-04.1MODERN COUNCIL FORM OF GOVERNMENT40-04.1-01.City council - Membership - Terms.The governing body of a cityoperating under the modern council form of government is the city council, which is composed of<br>not less than four members, one of whom is the mayor, all elected at large or by wards.<br>Candidates for the council shall run for either mayor or council member but not both at the same<br>time. The terms of members of the council shall be four years, or until their successors are<br>elected and qualified. However, the council shall establish by ordinance a procedure whereby<br>one-half of all council members, as nearly as is practicable, are elected biennially. The number<br>of council members may be increased or decreased pursuant to section 40-06-09.40-04.1-02. Compensation of council members. The members of the council areentitled to receive such compensation for their services as is fixed by ordinance.40-04.1-03. Vacancies on city council - How filled. If a vacancy occurs in the office ofcouncilman by death, resignation, or otherwise, the city may call a special election to fill such<br>vacancy for the unexpired term or may after fifteen days of the date of such vacancy appoint a<br>person from the ward or city at large by which the councilman previously holding was elected or<br>appointed to fill such vacancy until the next city election, at which election the unexpired term<br>shall be filled.40-04.1-04. Restrictions on council member. A city council member is not eligible forany other office the salary of which is payable out of the city treasury and may not hold any other<br>office under the city government.40-04.1-05. Meetings - Regular, special, and for organization. The city council shallhold its regular meetings at least once a month and may prescribe by ordinance the manner in<br>which special meetings may be called. The city council shall establish by resolution or ordinance<br>the date of its regular meetings. The first meeting for the organization of the city council must be<br>held on the fourth Tuesday in June of each even-numbered year.40-04.1-06. Mayor. The mayor shall preside at meetings of the council, and be therecognized head of the city for all ceremonial purposes and by the governor for purposes of<br>military law. The mayor continues to have all the rights and privileges as a member of the<br>council. If a vacancy occurs in the office of mayor or if the incumbent is absent or disabled, a<br>mayor pro tempore shall be selected by the council from among their number to act for the<br>unexpired term or during continuance of the absence or disability.40-04.1-07.Council - Duties and powers.The council shall perform all dutiesprescribed by law or by city ordinances and shall see that the laws and ordinances are faithfully<br>executed.Page No. 1Document Outlinechapter 40-04.1 modern council form of government