14-48-107. Division of city into wards.

14-48-107. Division of city into wards. (a)(1) Following the adoption of the city administrator form of government in any city and prior to the special municipal election for the initial membership of the board of directors and the mayor, the governing body of the city, by ordinance, shall divide the city into four (4) wards with each ward being composed of contiguous territory and of substantially equal population and which shall be designated numbers one, two, three, and four. (2) The designation of wards shall be made not more than twenty (20) days after the certification of results of the election to the Secretary of State. (b)(1) If the governing body of the city fails to act within the time prescribed, then any elector of the city may present to the judge of the circuit court for the county in which the city is situated a petition requesting a designation of wards and asking for the appointment of three (3) commissioners to act in relation thereto. (2)(A) Within five (5) days after receipt of the petition, the circuit judge shall appoint three (3) electors of the city to serve as a board of commissioners. It shall be this board's duty to divide the city into four (4) wards, with each ward being composed of contiguous territory and of substantially equal population, which shall be designated numbers one, two, three, and four. (B)(i) The board of commissioners, by majority action, shall make a report which shall designate the boundaries of the wards and then file the report with the city clerk within fifteen (15) days after the date of their appointment. (ii)(a) If no report is filed within this time, that board of commissioners shall be automatically dissolved, and the circuit judge, upon the filing of a petition reciting the failure of the board to act, shall appoint a new board of commissioners for the same purpose, with the same authority, and with the same limitations. (b) In the event of failure of the second board to act, the process may be continued until a report is filed. (c)(1) The board of directors of the city under the city administrator form of government shall review the apportionment among the wards after each federal census in the city or in the event there is an imbalance in population among the wards in excess of fifteen percent (15%). (2)(A) The board of directors may reapportion the wards to maintain substantially equal population in each ward whenever they deem necessary. (B) In the event a redesignation of ward boundaries results in director number one, two, three, or four residing outside the boundary of the ward which he or she is representing, he or she shall nonetheless continue in office until his or her regular term expires.