Local Govt Flashcards

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1
Q

T/F: State law that conflicts with local law is invalid w/in local jxn

A

False; state and local govts overlap

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2
Q

What is Home Rule?

A

state power delegated to municipalities to govern within its own administrative area

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3
Q

What is Dillon’s Rule?

A

Powers not specifically delegated to municipality by legislature is reserved to legislature

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4
Q

Does Home Rule include a power to tax?

A

NO
taxing is for legislature;
can only enact assessments and fees

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5
Q

What is a Charter city?

A

A set of city-specific ordinances passed by local elected officials; a city that has ratified a charter can enact any ordinances consistent with general law

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6
Q

What is a Non Charter city?

A

City governed by general and special law only

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7
Q

Can a noncharter city change its structure?

A

NO; but a charter city can

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8
Q

T/F: noncharter cities can levy utility tax in unincorp’ed area

A

FALSE; charter cities can tho

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9
Q

What are the exceptions to local govt utility services?

A

(1) when municipality is contracted to porovide utility
(2) when govt (a) holds out as public utility and (b) show affirmative intent to supply utility

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10
Q

T/F: Fed US can look at interpretation of state constitution or conformity to grant/modify/remove municipal power.

A

FALSE; state is supreme auth to grant/modify municipal power

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11
Q

Does municipality have duty to supply services to an area outside its boundaries?

A

No

Exception:
-K’ed otherwise
- (1) hold themselves out as provider
(2) intent to provide showed

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