# Title 40 — Municipal Government

## Chapter 40-52 — Changes in Wards

### § 40-52-01. Petition for change in name, number, or boundaries of wards - Signatures

required - Notice of meeting to hear.
Repealed by omission from this code.
### § 40-52-02. Governing body may order change in wards.

Repealed by S.L. 1957, ch. 292, § 2.
### § 40-52-03. Governing body of council city may change boundaries of wards - Wards

not to be diminished or increased.
Repealed by S.L. 1957, ch. 292, § 2.
### § 40-52-04. Changing number and boundaries of wards and precincts.

The number and boundaries of the wards and precincts in a city may be changed by an
ordinance adopted by a majority vote of the members of the governing body. Such ordinance
shall be introduced at a regular meeting of the board, and before final action is taken on the
proposed ordinance, it shall be published in the official newspaper of the city once each week
for four successive weeks. When the boundaries of wards are fixed by ordinance, the number of
such wards and the boundaries thereof shall not be changed for a period of two years, except
by adding thereto territory which is added to the city limits. The territory in a ward shall be
contiguous and compact, and no ward having a population of less than one hundred residents
shall be created. The terms "wards" and "precincts" shall have the meaning provided for in
section 40-21-09.
### § 40-52-05. Changes to be made in papers, plats, and records of municipality.

Whenever a change in the number or boundaries of wards is made, the governing body of
the municipality shall direct the municipal attorney to cause to be made all needful changes in
papers, plats, and matters of record.
### § 40-52-06. City auditor to make changes in assessment list.

The city auditor shall make any changes in assessment lists necessitated by any change in
the names, numbers, or boundaries of the wards in the municipality.
### § 40-52-07. Holding elections in new ward or wards.

Ten days before the regular municipal election following any change in the wards in the
municipality, the governing body shall designate the proper polling place or places for the new
ward or wards, appoint judges and clerks therefor, make all necessary provisions for holding the
election, and designate the several officers to be chosen therefrom.
### § 40-52-08. Council member changing wards can continue in office.

A council member who was duly elected, but because of the change in boundaries of the
ward no longer resides within the ward from which the member was elected, but is still residing
within the city limits, can continue in office for the term for which the member was elected and
until a successor is duly elected and qualified for the ward.
