Cities ("Munis") Flashcards
Source of power?
Art. 8, Sec. 2
HR - 166.021
How created?
Discretion to create by legislation.
Muni powers instilled by _________ subject to 3 things.
MUNIS ----------- By legislature. Subject to: A. Const, B. Gen & spec. laws. C. Charter.
What powers does Muni have?
82 Good Cooks Prepped Powerful Good Food & Salads for any purp mEXi Muni
———–
Govtl, corporate and proprietary pwrs
To conduct govt, perform functs + services
&
Exercise any pwr for municipal purposes EXCEPT AS OTHERWISE PROVIDED by law.
———–
Muni CANNOT ED outside its borders for proprietary (as opposed to sovereign) powers W/O GEN OR SPECIAL LAW
When searching whether Muni has power to act, what 2 things would you look at?
MUNIS ----------- 1. A prohibition \+ 2. Will it serve a muni purpose?
MUNIS
1) Have these 3 powers
2) To conduct 3 functions
3) For 2 purposes
4) Except?
MUNIS ----------- POWERS 1. Governmental 2. Corporate 3. Proprietary
TO CONDUCT
- Muni Government,
- Perform Muni functions, +
- Render Muni services
FOR
- Muni purposes +
- H, S + W of citizens
EXCEPT AS OTHERWISE PROVIDED by law.
What parameters are placed on Muni’s ability to pass ordinances?
MUNIS ----------- For muni purps (i.e, reas relatship to citiz’ H,S +W) \+ Except as otherwise provided by law.
Contrast ordinance passing parameters for Charter, N-C & Muni.
Pass ordinances . . . ----------- CHARTER Not inconsist w/ gen/spec if spec laws approved by electors. ----------- N-C As is by gen/spec. ~*~ ords NOT INCONSISTENT ----------- MUNI a) For muni purps (i.e, reas relatship to citiz’ H,S +W) \+ b) Except as otherwise provided by law.
What are 3 subjects a Muni cannot legislate on?
Can legislate on any subject except:
1. Extraterr pwrs (annextn, merger)
2. Subject expressly prohibited by const;
3. Subj preempted to
(a) State or county by the const or by gen law (express, implied by assignment, pervasive regulation)
(b) County pursuant to a county charter.
Why can’t Munis legislate on annexation, merger or use of extraterritorial powers?
Per the FL Constitution, those require gen or special law.
How are Muni powers vulnerable?
82 Good Cooks Prepared & Powered Good Food + Service for the Municipality
———–
Art. 8, Sec. 2 gave govt, corp, prop pwrs to conduct muni govt, perform muni functions & render muni services.
———–
Legis implemented via 166.021 & Legis can diminish by gen or spec law w/o voter approval.
———–
like Non-Charter Counties. Art. 8, Sec. 1(f).
State how Muni powers are akin to either Charter or N-Cs.
Munis are akin to Charters but Munis can be diminished by special act.
State the powers of Charters, Non-Charters & Munis.
MUNIS
(1) Charter - self govt, NOT INCONST. [c’H” close to ‘I’]
(2) N-C - self gvt, AS IS PROVIDED. [low take ‘as is’]
(3) Muni - corp, prop, govtl, for govt, functs, & services, EXCEPT AS OTHERWISE provided. [mEXi muni]
Under what statute wd munis impose special assessment for:
A. Muni public works?
B. Business district improvements?
FS Ch. 170
What is the 5 step procedure under FS 170 for muni to impose spec assmt for bus district improvements or muni pub works?
MUNIS ----------- 170 DIPs Resolve to Roll 30 Votes ----------- 1) Resolution outlining payment amt, estimated costs, streets. 2) Publish reso. 3) Prep preliminary roll. 4) PH: 30 days mailed notice + 2 pubs, 1 wk apart. 5) Vote of maj. affected.
What are the publish requirements for muni S.A. for muni pub. works + business district improvements [FS 170]?
MUNIS ----------- There are 2: Publish Resolution (no timeline). 30 days mailed + 2 publishs, 1 wk apart. ----------- 170 DIPs Resolve to Roll 30 Votes. Dist Imp, Pub works, Reso, Prelim Roll, 30 days notice for PH + Vote of maj of affected.
FINANCE ----------- Who passes what kind of financing mechanism under Ch. 170? ---------- For what 2 things are the monies used? ------------ Is a vote required?
FINANCE ----------- Munis pass Spec Assmts for: (1) Business dist improvements (2) Public Works. ----------- Yes! Vote of majority of affected. ----------- 170 DIPs Resolve to Roll 30 Votes. Dist Imp, Pub Works, Reso, Prelim Roll, 30 days mailed + 2 pubs 1 week apart, Vote of maj.
