A Comparison of the Powers of a Town
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.

Town

1. A town 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 town has only those powers which are granted to town 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 town 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 resolution or order for the payment of money allowed at a special meeting in a town.

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 town 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 town.

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 town 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 town does not have available to it the powers of initiative and referendum.

9. 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.

9. In a town, 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.

10. 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.

10. In a town, warrants must be signed by the mayor personally.

11. Mayor has a veto power.

11. Mayor has no veto power.

12. Ordinances effective five days after publication.

12. Ordinances effective upon publication.

13. Mayor has tie-breaking vote but not for ordinances, resolutions or orders for the payment of money, or granting or denying franchises.

13. Mayor has the tie vote but not on resolutions or orders for the payment of money or resolutions or ordinances granting franchises.

14. Mayor pro tem - maximum term of two years.

14. Mayor pro tem - maximum term of six months.

15. Council may enact ordinance requiring confirmation of mayoral appointments if no qualifications for office established

15. No appointive officers may be made subject to confirmation of council.