ARTICLE XIII
HOME RULE FOR CITIES AND
TOWNS
Section 1. Intent of article. -- It is the intention of
this article to grant and confirm to the people of every city and town in
this state the right of self government in all local matters.
Section 2. Local legislative powers. -- Every city and
town shall have the power at any time to adopt a charter, amend its charter,
enact and amend local laws relating to its property, affairs and government
not inconsistent with this constitution and laws enacted by the general
assembly in conformity with the powers reserved to the general assembly.
Section 3. Local legislative bodies. -- Notwithstanding
anything contained in this article, every city and town shall have a
legislative body composed of one or two branches elected by vote of its
qualified electors.
Section 4. Powers of general assembly over cities and
towns. -- The general assembly shall have the power to act in relation to
the property, affairs and government of any city or town by general laws
which shall apply alike to all cities and towns, but which shall not affect
the form of government of any city or town. The general assembly shall also
have the power to act in relation to the property, affairs and government of
a particular city or town provided that such legislative action shall become
effective only upon approval by a majority of the qualified electors of the
said city or town voting at a general or special election, except that in
the case of acts involving the imposition of a tax or the expenditure of
money by a town the same shall provide for the submission thereof to those
electors in said town qualified to vote upon a proposition to impose a tax
or for the expenditure of money.
Section 5. Local taxing and borrowing powers. -- Nothing
contained in this article shall be deemed to grant to any city or town the
power to levy, assess and collect taxes or to borrow money, except as
authorized by the general assembly.
Section 6. Charter commissions. -- Every city and town
shall have the power to adopt a charter in the following manner: Whenever a
petition for the adoption of a charter signed by fifteen percent of the
qualified electors of a city, or in a town by fifteen percent, but not less
than one hundred in number, of those persons qualified to vote on any
proposition to impose a tax or for the expenditure of money shall be filed
with the legislative body of any city or town the same shall be referred
forthwith to the canvassing authority which shall within ten days after its
receipt determine the sufficiency thereof and certify the results to the
legislative body of said city or town. Within sixty days thereafter the
legislative body of a city shall submit to its qualified electors and the
legislative body of a town shall submit to the electors of said town
qualified to vote upon a proposition to impose a tax or for the expenditure
of money the following question: "Shall a commission be appointed to frame a
charter?" and the legislative body of any city or town shall provide by
ordinance or resolution a method for the nomination and election of a
charter commission to frame a charter consisting in a city of nine qualified
electors and in a town of nine electors of said town qualified to vote upon
a proposition to impose a tax or for the expenditure of money who shall be
elected at large without party or political designation and who shall be
listed alphabetically on the ballot used for said election. Such ordinance
or resolution shall provide for the submission of the question and the
election of the charter commission at the same time. Upon approval of the
question submitted the nine candidates who individually receive the greater
number of votes shall be declared elected and shall constitute the charter
commission.
Section 7. Adoption of charters. -- Within one year from
the date of the election of the charter commission the charter framed by the
commission shall be submitted to the legislative body of the city or town
which body shall provide for publication of said charter and shall provide
for the submission of said charter to the electors of a city or town
qualified to vote for general state officers at the general election next
succeeding thirty days from the date of the submission of the charter by the
charter commission. If said charter is approved by a majority of said
electors voting thereon, it shall become effective upon the date fixed
therein.
Section 8. Amendments to charters. -- The legislative body
of any city or town may propose amendments to a charter which amendments
shall be submitted for approval in the same manner as provided in this
article for the adoption of a charter except that the same may be submitted
at a special election, and provided further that in the case of a town,
amendments concerning a proposition to impose a tax or for the expenditure
of money, shall be submitted at a special or regular financial town meeting.
Section 9. Filing of charter petitions to bicameral
legislative bodies. -- Whenever the legislative body of any city or town
consists of more than one branch, a petition for the adoption of a charter
as provided in this article may be filed with either branch of said
legislative body.
Section 10. Charter certificates -- Signing -- Recordation
-- Deposit -- Judicial notice. -- Duplicate certificates shall be made
setting forth the charter adopted and any amendments approved and the same
shall be signed by a majority of the canvassing authority; one of such
certified copies shall be deposited in the office of the secretary of state
and the other after having been recorded in the records of the city or town
shall be deposited among the archives of the said city or town and all
courts shall take judicial notice thereof.
Section 11. Judicial powers unaffected by article. -- The
judicial powers of the state shall not be diminished by the provisions of
this article.