Upon the adoption by the qualified voters of any municipality
of any of the optional forms of government set forth in this Act,
the municipality shall thereafter be governed by the plan adopted,
by the provisions of this Act common to optional plans and by all
applicable provisions of general law, subject to the transitional
provisions of Article 17 of this Act, unless and until the municipality
should adopt another form of government as provided by law.
(Source: L. 1950, c. 210, § 2-1, p. 470.)
Upon such adoption of a plan under this Act, the inhabitants
of any municipality or municipalities within the corporate limits
as now or hereafter established shall be and remain a body corporate
and politic with perpetual succession and with such corporate name
as it has heretofore adopted or may hereafter adopt.
(Source: L. 1950, c. 210, § 2-2, p. 471.)
For the purposes of this Act, a "general law" shall be deemed
to be any law or provision of law, not inconsistent with this Act,
heretofore or hereafter enacted which is by its terms applicable or
available to all municipalities, and the following additional laws,
whether or not such additional laws are so applicable or available
to all municipalities: legislation relating to taxation, local courts,
education, health, public authorities serving more than one (1) municipality
and municipalities in unsound financial condition.
(Source: L. 1950, c. 210, § 2-3, p. 471.)
Each municipality governed by an optional form of government
pursuant to this Act shall, subject to the provisions of this Act
or other general laws, have full power to:
A. Organize and regulate its internal affairs and to establish, alter
and abolish offices, positions and employments and to define the functions,
powers and duties thereof and fix their term, tenure and compensation.
B. Adopt and enforce local police ordinances of all kinds and impose
a penalty of a fine not exceeding five hundred dollars ($500.) or
of imprisonment for any term not exceeding ninety (90) days, or both,
for the violation thereof; to construct, acquire, operate or maintain
any and all public improvements, projects or enterprises for any public
purpose, subject to referendum requirements otherwise imposed by law;
and to exercise all powers of local government in such manner as its
governing body may determine.
C. Sue and be sued; to have a corporate seal; to contract and be contracted
with; to buy, sell, lease, hold and dispose of real and personal property;
to appropriate and expend moneys; and to adopt, amend and repeal such
ordinances and resolutions as may be required for the good government
thereof.
D. Exercise powers of condemnation, borrowing and taxation in the manner
provided by general law.
(Source: L. 1950, c. 210, § 2-4, p. 471.)
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The general grant of municipal power contained in this article
is intended to confer the greatest power of local self-government
consistent with the constitution of this state. Any specific enumeration
of municipal powers contained in this Act or in any other general
law shall not be construed in any way to limit the general description
of power contained in this article, and any such specifically enumerated
municipal powers shall be construed as in addition and supplementary
to the powers conferred in general terms by this article. All grants
of municipal power to municipalities governed by an optional plan
under this Act, whether in the form of specific enumeration or general
terms, shall be liberally construed, as required by the constitution
of this state, in favor of the municipality.
(Source: L. 1950, c. 210, § 2-5, p. 472.)