Power of Local Governments

Question 1

Dillion’s rule

Answer 1

Is a rule of statutory construction. Local governments can only exercise powers that are

1) Expressly given; or
2) Necessarily implied by the power expressly given and essential to those purposes

Question 2

If there a reasonable doubt about the existence of local power

Answer 2

the courts should resolve that power that doubt against the local government and deny that power

Question 3

A government can re-delegate its administrative Powers. However,

Answer 3

It cannot delegate their legislative powers without authorization from the state

Question 4

Any delegation of power must have

Answer 4

Fixed and readily ascertainable standards and leave no more discretion that is necessary to carry out the tasks

Question 5

Local governments cannot enact or enforce an ordinance that is inconsistent with state laws, such laws are preempted

Answer 5

However, courts are obligated to harmonize state and local law

1) laws that prohibit activities that are not prohibited by the state are okay

2) laws that add restrictions to state laws are okay

Question 6

The powers granted in Charters usually include

Answer 6

1) The power to enact and enforce ordinances, the ability to sue to be sued, the ability to enter into contracts,
2) The ability to hold, acquire, and dispose of revenue/personal/and real property
3) Condemn property through the use of eminent domain, issue tax exempt bonds with interest

Question 7

Power to enact ordinances are presumed valid and are lawful when 3 criteria are met

Answer 7

1) Advance notice must be published before the enactment of the ordinance

2) the ordinance must be clear, certain, and definite; and

3) Ordinances are effective upon a simple majority vote unless otherwise provided in statute or constitution

An Ordinance is presumed to be valid, and must be overcome with clear and convincing proof.

Question 8

Power to Incur Debt

Answer 8

municipalities an only borrow up to 10% of the total assessed value of taxable real estate in the municipality
3 Exceptions to General rule
1) Revenue anticipation bonds
2) Special fund bonds
3) authorized contract obligations

Question 9

The power to tax

Answer 9

Local governments may tax property, persons and other subjects it deems necessary
However, it cannot tax income, and may add only 1% to the state sales tax

Question 10

Police power is granted to municipalities

Answer 10

The police power broad to “secure and promote the general welfare of the inhabitants of the municipality””
Cities and towns enjoy a good deal of discretion in exercising their police power and courts will not interfere unless the exercise of police power is unreasonable or arbitrary.
Dillon’s Rule has little impact when it comes to the municipal police power because such power is both very broad and expressly granted