Changes to Existing Law

If notice is required to be published, proof of service to the person affected, pursuant to § 15-6-4, whether the personal service occurs within or without the state, is equivalent to the required publication.

Terms used in this title, unless the context otherwise plainly requires, shall mean: (1) "County," the county or counties wherein the where a municipality concerned or affected is located; (2) "Elector(s)" or "qualified elector(s)," voter(s); (3) General terms descriptive of an officer, act, proceeding, or thing shall have reference to a municipality concerned or affected; (4) "Governing body," the board of trustees, the board of commissioners, or the common council, as the case may be, of a municipality concerned or affected; (5)(3) "Lot" includes parcel or tract of land; (6)(4) "Municipal corporation" or "municipality," all cities and towns any city or town that is organized under the laws of this state but shall not include any other political subdivisions pursuant to this title; (7)(5) "Owner," as used in the chapters relating to local improvements, the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the register of deeds of the county or counties in which the municipality is located, or his the heirs or successors to the grantee; and (8)(6) Except as provided by § 9-13-13, any requirement for publication shall mean publication in the official newspaper of the municipality concerned or affected, if any; but if none, then, in a legal newspaper published in such municipality, if any; but if none, then, in any legal newspaper which serves such municipality; (9) "Street" includes "avenue". Personal service either within or without the state upon the person affected thereby by delivery of a copy of a notice required to be published shall be equivalent to the required publication"Publish," publication in an official newspaper of the municipality as designated by the governing body pursuant to § 9-12-6.

32 9-1-3. The courts of this state shall take judicial notice of the existence of all municipalities organized under the general laws of this state and of any change of organization authorized thereby by law.

Every municipality shall must have and use a corporate seal, which it may change at pleasure that may be changed by a majority vote of the governing body. It also shallEach municipality must have a corporate name and be styled the "city of ____" or the "town of ____," by which style it may exercise the powers conferred upon it. The corporate name must be used when exercising municipal power.

No contract of a municipality is valid unless the contract has been authorized by a vote of the governing body at a duly assembled meeting thereof at an official meeting. Each written contract shall must be executed in the name of the municipality by the mayor or president of the board of trustees, be countersigned by the auditor or clerk finance officer, and have the corporate seal attached. However, the governing body of a municipality may, by ordinance or resolution, delegate to any employee of the municipality the authority to enter into a contract on behalf of the municipality and to execute the contract and any other instrument necessary or convenient for the performance of the contract subject to the limitations delegated by the governing body.

Any citizen and taxpayer residing within resident of a municipality may maintain an action or proceeding to prevent, by proper remedy, a violation of any provision of this title by that municipality.

Each first or second class municipality must be governed by a mayor and common council, a mayor and a common council with a city manager, a board of commissioners, or a board of commissioners with a city manager. Each third class municipality must be governed by a board of trustees. The present form of government of existing municipalities must continue until changed as provided by this title.

If a petition signed by fifteen percent of the registered voters of any municipality, as determined by the total number of registered voters at the last preceding 30 general election, is presented to the governing body, requesting that an election be called for the purpose of voting upon a question of change of form of government or upon a question of the number of wards, commissioners, or trustees, the governing body shall must call an election to be that must be held within fifty days from the date of the filing of the petition with the municipal finance officer. At that election, the question of the change of form of government or the number of wards, commissioners, or trustees, or both, must be submitted to the voters. No petition is valid if filed more than six months after the circulation start date declared on the petition forms. If the petition is filed on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question may be submitted at that annual municipal election. The election must be held upon the same notice and conducted in the same manner as other city municipal elections.

Both the question of form of government and the number of wards, trustees, or commissioners may be submitted upon one ballot, when both questions are to be voted upon. The vote upon such the questions shall must be by ballot in the form and be cast in the manner provided by chapter 9-13.

If the population of a municipality, as shown by the last preceding federal census, increases or decreases causing the municipality to pass into a different class of municipality pursuant to § 9-2-1, the municipality may, through its governing body, apply to the circuit court having jurisdiction for a judgment authorizing the classification change. Upon the presentation of the application, the court must establish a time and place for hearing the application. Notice of the hearing must be given by publishing the order once a week for two successive weeks, the last publication to be not less than ten days prior to the day of the hearing. Not less than ten days prior to the date of the hearing, the notice of hearing must also be posted in three public places in the municipality.

There shall be the followingThe three classes of municipal corporations are: (1) Municipalities of the first class are: municipal corporations with a population of five thousand and over; (2) Municipalities of the second class are: municipal corporations with a population between five hundred and five thousand four thousand nine hundred ninety-nine; 30 (3) Municipalities of the third class are: municipal corporations with a population of less fewer than five hundred.

For the purpose of classification, the population of each municipality shall be is determined by the last preceding federal census. Whenever the enumeration of such last preceding census was made with reference to territory Whenever the municipal boundaries included in the last preceding census substantially different differ from that embraced by the current boundaries of the municipality, the governing body by resolution may authorize and direct its auditor or clerk may direct the finance officer to determine the population by filing in his office a certificate showing the whole number of persons who voted at the last preceding annual municipal election, which. That number multiplied by three shall constitute constitutes the population for the purpose of classification until the next federal census shall have been is completed.

The present form classification of government of existing municipalities shall continue continues until changed as provided by this title.

For the purpose of dividing a municipality into wards, the number of inhabitants shall be is determined by subdivision 2-14-2(20). However, the The governing body may, by resolution, authorize its auditor, clerk, or the finance officer to determine the number of inhabitants by filing in his office a certificate showing the whole number of persons registered to vote in each ward of the municipality. That number multiplied by two shall constitute constitutes the number of inhabitants until the next federal census is completed.

Each official elected at the first election shall hold office until the first Monday of the next following May or until a successor is elected and qualified.

A municipality may not be incorporated if any part of such the proposed municipality lies within three miles of any point on the perimeter of the corporate limits of any an incorporated municipality, unless the incorporated municipality refuses or fails to annex a territory which that is contiguous to said the incorporated municipality, and said after the contiguous territory has properly petitioned said the municipality to be annexed thereto, as provided by § 9-4-1. However, a A proposed municipality may be incorporated that is within three miles of an incorporated municipality if the territory to be incorporated is in a different county and has a post office prior to incorporation.

The vote upon the question of incorporation of a territory shall proposed municipality must be by ballot which that conforms to a ballot for a statewide question, except that the statement required to be printed on the ballot shall must be prepared by the state's attorney. If a majority of the qualified voters, who are either residents and registered voters in the proposed municipality or landowners in the proposed municipality and are registered voters in this state, vote in favor of the incorporation, such territory is deemed a the proposed municipality is incorporated by the name and style specified in the order of incorporation of the board of county commissioners application for incorporation.

After the canvass of the vote is cast and canvassed, such inspectors, the county auditor shall make a verified statement showing the whole number of ballots cast, together with the number voting for and the number voting against incorporation and shall return the same to the board of county commissioners at its next session meeting.

If satisfied of the legality of such the election, the board of county commissioners shall must make an order declaring that such the proposed municipality has been is incorporated by the name adopted. Such The order shall be is conclusive of the fact of such the incorporation in all suits by or against such the municipality.

TheWithin the sixty days following the order declaring the incorporation, the board of county commissioners shall have has full power to settle and adjust all claims and accounts existing between such the municipality and the civil township or townships of which the same that formed a part of the municipality previous to its incorporation. It The board shall immediately proceed to settle and adjust such the claims and accounts with due regard for the interests of all concerned.

28 9-3-14. The officers of any municipality organized under this title shall cause to be filed within thirty days thereafter in the office of the register of deeds of the county a certified copy of the canvass of the votes showing the result of the election held to determine the question of such organization, which the register of deeds shall record, and shall also cause a like certificate to be filed in the Office of the Secretary of State, who shall file the same and keep a registry of the municipalities so organizedWithin thirty days of the order declaring incorporation, the county auditor shall file a certified copy of the canvass of the votes showing the result of the election held on the question of incorporation with the register of deeds and the secretary of state. The register of deeds shall record the certified copy. The secretary of state shall keep a registry of all incorporated municipalities within the state.

The person having the highest number of votes respectively for each office to be filled shall be is declared elected. In case of If there is a tie the inspectors of such election shall forthwith, the county auditor must determine by lot which shall be the person deemed elected. The inspectors shall subscribe and certify a statement of the persons elected to fill the several offices in such municipality and file the same with the county auditor within ten days after the date of such election county auditor shall notify each person elected of the person's election within two days after the result of the election is declared.

The regularity of the organization of any acting municipality shall be inquired into only validity of the incorporation of any municipality may only be challenged in an action or proceeding instituted by or on behalf of the state.

Any person making application for the organization of a proposed municipality shall cause an accurate census to be taken of the landowners and the legal resident population of the proposed municipality not more than thirty days previous prior to the time of presenting the application to the board of county commissioners. The census shall exhibit must list the name of each landowner and legal resident residing in the proposed municipality and the number of persons belonging to each family as of a certain date. The census shall must be verified by the affidavit of the person taking the census.

30 9-3-4. Such survey, map, and census when completed and verified shall be left at some convenient place within the proposed municipality for a period of not less than thirty days for examination by those having an interest in such applicationWithin two days of the completion and verification of the survey, map, and census, the documents must be filed with the county auditor and made available to the public during regular business hours.

The application for incorporation of a proposed municipality shall must be by a petition verified by the circulator and signed by not less than twenty-five percent of the qualified voters who are either residents and registered voters in the proposed municipality or landowners in the proposed municipality who are also registered voters of this state. The application shall identify the type of government to be formed, the number of trustees, commissioners, or wards in the proposed municipality, the boundaries and area according to the survey, and the legal resident population according to the census taken. The application must include the name of the proposed municipality. The name may not be the same as any incorporated municipality in the state. The application shall be presented at the time indicated in the notice of the application or as soon thereafter as must be filed with the county auditor and heard at a regular or special meeting of the board of county commissioners can receive and consider the application within sixty days of being filed.

If the board, after proof by affidavit or oral examination of witnesses, is satisfied that the requirements of this chapter have been fully complied with, the board shall make an order declaring that the proposed municipality shall, with the assent of the qualified voters who are either registered voters in the proposed municipality or landowners in the proposed municipality who are also registered voters of this state, be an incorporated municipality by the name specified in the application. The name shall be different from that of any other municipality in this state. The board shall also include in the order a date for an election to be conducted pursuant to Title 12After the public hearing on the application, if the board of county commissioners determines the requirements of this chapter have been met, the board must set a date for an election on the question of whether the proposed municipality is to be incorporated. The election must be conducted pursuant to title 12. 33