# Title 40 — Municipal Government

## Chapter 40-04.1 — Modern Council Form of Government

### § 40-04.1-01. City council - Membership - Terms.

The governing body of a city operating under the modern council form of government is the
city council, which is composed of not less than four members, one of whom is the mayor, all
elected at large or by wards. Candidates for the council shall run for either mayor or council
member but not both at the same time. The terms of members of the council is four years,
commencing on the first of July of the year in which the member was elected and until their
successors are elected and qualified. However, the council shall establish by ordinance a
procedure whereby one-half of all council members, as nearly as is practicable, are elected
biennially. The number 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 are entitled 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 of councilman by death, resignation, or otherwise, the city
may call a special election to fill such vacancy for the unexpired term or may after fifteen days of
the date of such vacancy appoint a person from the ward or city at large by which the
councilman previously holding was elected or appointed to fill such vacancy until the next city
election, at which election the unexpired term shall be filled.
### § 40-04.1-04. Restrictions on council member.

A city council member is not eligible for any other office the salary of which is payable out of
the city treasury and may not hold any other office under the city government.
### § 40-04.1-05. Meetings - Regular, special, and for organization.

The city council shall hold its regular meetings at least once a month and may prescribe by
ordinance the manner in which special meetings may be called. The city council shall establish
by resolution or ordinance the date of its regular meetings. The meeting for the organization of
the city council must be held in conjunction with the first meeting in July of each even-numbered
year.
### § 40-04.1-06. Mayor.

The mayor shall preside at meetings of the council, and be the recognized head of the city
for all ceremonial purposes and by the governor for purposes of military law. The mayor
continues to have all the rights and privileges as a member of the council. If a vacancy occurs in
the office of mayor or if the incumbent is absent or disabled, a mayor pro tempore shall be
selected by the council from among their number to act for the unexpired term or during
continuance of the absence or disability.
### § 40-04.1-07. Council - Duties and powers.

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