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SUBJECTSMANAGEMENT › A Comparison of the Powers of a Second Class City and a Noncharter Code City
A Comparison of the Powers of a Second Class City and a Noncharter Code City

A Comparison of the Powers of a Second Class City and a Noncharter Code City

Code City

1. The Optional Municipal Code provides for broad statutory home rule authority in all matters of local concern, regardless of the size of the city.

Second Class

1. A second class city has only those powers which are expressly or impliedly granted to it by the state legislature.

2. The Optional Municipal Code provides that code cities have all the powers which any city or any class of city may have consistent with the constitution of the state and not specifically denied to code cities by law.

2. A second class city has only those powers which are granted to second class cities or specifically granted to all classes of cities and towns.

3. The Optional Municipal Code requires a liberal construction of the powers granted to code cities.

3. A second class city is governed by a rule of strict construction of the powers granted to it.

4. Any action may be taken by a code city at a special meeting if proper notification is given.

4. No ordinance may be passed, contract entered into or bill for the payment of money allowed at a special meeting in a second class city.

5. There is specific statutory authority for a city council to include an emergency clause in most types of ordinances where required for the protection of public health, public safety, public property or the public peace.

5. There is no general statutory authority for a city council to include an emergency clause with most types of ordinances, although there is specific authority for emergency expenditure of funds in certain specified situations.

6. A code city has specific statutory authority to appoint a councilmember pro tem in the event of the extended excused absence or disability of a councilmember.

6. There is no specific statutory authority for the appointment of councilmembers pro tem in a second class city.

7. A code city may establish a planning agency, which may be a planning department, a person, staff or body, rather than a planning commission. The city may provide for an alternate in the event of conflict.

7. A second class city must establish a planning commission which must consist of from three to twelve members. There is no provision for appointment of an alternate.

8. A code city has the authority to adopt the powers of initiative and referendum.

8. A second class city does not have available to it the powers of initiative and referendum.

9. In a code city, under the petition for election method of annexation, the signatures of qualified electors equal to only 10 percent of the votes cast at last state general election are required for a petition to annex territory.

9. In a second class city, under the petition for election method of annexation, the signatures of qualified voters equal to 20 percent of the votes cast in the last state general election are required.

10. In a code city, under the direct petition method of annexation, the signatures of the owners of property amounting to not less than 60 percent in value of all the property included in the annexation petition must be obtained.

10. In a second class city, under the direct petition method of annexation, the signatures of owners of property amounting to not less than 75 percent in value of all the property in the annexation petition must be obtained.

11. In a code city, warrants are drawn by the clerk and counter-signed by the mayor or such other person as the mayor may designate.

11. In a second class city, warrants must be signed by the mayor personally.

12. In a code city, the city may be divided into wards without restriction on the number of wards.

12. In a second class city, the city may be divided into wards but there is a restriction upon the number of wards permitted.