Ch11 - Local and County Govs and Special Districts in TX Flashcards
Municipal gov applies to
cities, towns, and villages that are recognized by the legislature as being gov entities
Types of Municipalities
- General Law
- Home Rule
General Law
A highly restrictive and the most fundamental legal status for municipal gov
Mostly present in rural areas (<5K pop)
Governed by the state
Lower taxes, fewer services
Home Rule
A legal status that gives municipalities more autonomy in establishing tax rates and providing services; must be approved by a majority of the voters in municipalities consisting of >5K people
Higher taxes, more services
Forms of municipal gov
- Mayor Council
- Council Manager
- Commission
Mayor Council
Widely used in less populated and rural areas
Most day to day executive operations are carried out by either the mayor or by a city council
1. Weak mayor
Mayor has limited policy implementation and no veto powers; cannot appoint or remove depot heads
2. Strong mayor
Can veto policies and ordinances, budgetary powers
Council Manager
Medium and large sized cities
The qualified voters who reside in the city elect a city council and a mayor that hire a city manager to carry out the council’s policies
Professional management and local political control
City manager position is apolitical
City Manager
Professional political appointee who oversees city operations on a day to day basis
Commission
Very rare
A group of elected commissioners run the city’s gov
Each commissioner is responsible for overseeing a specific component of operations
Criticized for being too fragmented
Municipal Election
Nonpartisan
Cost of campaigns are low
For larger populations, an election administrator manages elections, certifies ballots, and reports election results
Types of municipal elections
- At Large system
- Place System
- Single-member districts
At large system
A method of electing representatives where there are no districts or wards drawn, and the candidate may draw votes from the entire area to be governed.
Most common in small towns
Place system
A system of electing local gov leaders whereby candidates must campaign for a particular seat on the city council.
Most used in medium sized, more homogenous cities
Benefits political newcomers
Single-member districts
Specific geographic areas with a population equal to that of other districts that elects one person to represent the area
Large and diverse cities
Assures diversity of council
Successful candidates attempt to form coalitions
Coalitions
Alliances consisting of a variety of indvdls and groups in support of a particular candidate for elected office
What groups strongly affect local government leaders?
Ethnic and neighborhood associations
Municipalities rely on what type of tax?
Property tax
Ad valorem
A system of taxation that is assessed “according to value,” whereby the more a property is worth, the higher the tax to be paid on it
Values are determined by the county property assessment office
Franchise tax
a specific tax paid by biz operating in TX
User fees
Monies paid to local govs by citizens who utilize a particular gov service (eg tuition at a state school or fees at a public boat ramp)
30% or more of revenue
Capital Improvements
long-term infrastructure improvements, such as roads, that are often built with bond money
General obligation bonds
Issued by the local government for the purpose of making capital improvements, and, like a mortgage, are paid off in small, yearly payments
Revenue Bonds
Issued by the local gov for the purpose of capital improvements and repaid by revenue generated by the improvement.
Ex: sport arenas, public facilities for which there’s an admission charge
Eminent Domain
TX Constitution allows municipalities the right to reclaim private property in the name of the gov if the property is needed for the greater public good
Must pay FMV
Cannot use to generate a larger tax base
Everything counties do is on the behalf of the
state
Structure of county gov
County officials are elected locally
Plural executive
Weak autonomy
Boundaries are permanent
Commissioners court and elected county officials who serve 4 year terms
Elected officials in a county
Partisan elections; 4 year terms; more autonomy than city officials
Sheriff
Provide law enforcement services to areas that r not served by a police depot
Oversee county jail
Peace officer
Constable
Works with the justice of the peace courts (smaller area than sheriff)
1 constable: 1 JP
District or county attorney
Legal officer and adviser
Legal services for county agencies and legal representation
May initiate a lawsuit against another gov agency or private concern
Sole discretion in determining whether an individual will be held accountable for committing a crime
District clerk
Official custodian of county records, including all filings and proceedings for the districts courts and county courts at law
County clerk
Maintain the county’s legal records and vital statistics
Records the court’s minutes and certifies all candidates running for office
Tax-Assessor Collector
DOES NOT assess property value
identifies taxable property and collects state and county taxes
registration renewal fees and titles for motor vehicles
Treasurer
Bookkeeper
Considerable input in the county’s budget
Criticism of county gov
- Long ballot
- Inability to establish home rule
- Inability to pass ordinances
Special districts
A type of local gov established for a specific geographic area and for a specific purpose such as education, flood control, or public utility services
Independent School District
local level limited purpose gov that determines public school policy
Governed by the school board
Superrintendent
The appointed manager of a public school system
Non-education districts
Majority of funding: property taxes
Deliver services like utilities, public housing, flood control, etc
Councils of Government
A regional voluntary cooperative with no regulatory or enforcement powers; it consists of local govs and assesses the needs of the area as a whole.
Functions of Councils of Governments
planning and implementing regional homeland security strategies;
* providing training for all city officials, including managers and council members;
* operating law enforcement training academies;
* promoting regional municipal solid waste and environmental quality planning;
* providing cooperative purchasing options for governments;
* managing region-wide services to the elderly;
* maintaining and improving regional 9-1-1 systems;
* promoting regional economic development;
* operating specialized transit systems; and
* providing management services for member governments.
Typical Duties of a City Manager
Enforce all city ordinances, rules, and regulations.
* Supervise all municipal employees and programs.
* Prepare and execute the city’s annual budget pursuant to the revenue and expenditure plans adopted by
the council.
* Manage the city’s funds and prepare periodic reports that advise the council and the general public of the
city’s fiscal condition.
* Provide information to the council to facilitate its ability to make informed decisions in the best interests of
the city.
* Prepare council meeting agendas and attend all such meetings to serve as a resource to the council and
the public.
* Draw the council’s attention to city needs and recommend alternatives by which the council can respond to those needs.
Major Duties of the Commissioners Court
- Set tax rate and adopt county budget.
- Appoint county officials authorized under statutory law and hire personnel.
- Fill county elective offices and appointive vacancies.
- Administer elections, including establishment of voting precincts, the appointment of an election administrator, the appointment of precinct judges, the calling of county bond elections, and the
certification of election returns. - Enter contracts and authorize payment of all county bills.
- Build and maintain county roads and bridges.
- Build, maintain, and improve county facilities, including jails.
- Provide for libraries, hospitals, and medical care for the indigent.
- Provide for emergency relief and civil disaster assistance.
- Provide for fire protection and sanitation.
