Powers of Local Gov. Flashcards
Dillions Rules
Localities have no inherent power, all power must be 1.expressly granted by statute or charter,
2. necessarily or fairly implied by the powers
or 3. essential and indispensable to the locality’s declared objectives and purpose.
There is no presumption that an exercise of power is valid. any reaonable doubt concerning the existence of power is resolved by the courts against the local gov.
Delegation of power - reasonable selection rule
unless specified, a locality has reasonable discretion in the manner of a power’s execution
What types of power can be re-delegated?
Only powers that contain:
1. fixed and readily ascertainable standards
2. when nothing is left to the discretion of the person or body charged with the power
3. beyond reasonable discretion in the administration of the standards.
(example to a re-delgating a power to a police force)
Re-delgation w/o such standards is unconst. and void.
Only admin or ministerial determinations may be delegated, not legislative.
What is preemption?
- A locality cannot enact an ordinance that is inconsistent with state law.
- Both the state and local gov. may have concurrent juris. over the same subject matter relating to local affairs. The courts are obliged to harmonize them, rather than nullify the ordinance.
- state legis. may preempt entire field of policy if it does so expressly.
What are the Powers Delegated by the State to Local Governments?
Under Dillons rule = local gov. have no enumerated powers. all authority must be delegated to them by the state. These are granted by charter and include the powers necessary to govern and administor proper authority for a public purpose.
Includes:
1. enact and enfroce ordinances
2. tax
3. sue or be sued
4. enter into K’s
5. accquire, hold, and dispose of revenue and personal and real prop.
6. condem prop. through eminent domain
7. borrow money
8. issue tax-exmpt bonds with interst.
Counties can have same power if specfically granted to the county.
What is the police power?
VA Law delegates to municipal corporations (cities and towns) all necessary power and authority to “secure and promote the gen. welfare of the inhabitants of the municipality”
Including limiting, regulating, or prohbititing personal and commercial activity, wihtout compensation, to promote public health, safety and general welfare.
Cannot extend beyond the municpal corporations territiotial limit.
Counties have a less broad grant of power to “secure and promote the health, safety, and gen. welfare of its inhabitants”.
This includes quarantine restrictions, and regulations to prevent water pollution.
Both municipalities and counties who receive highway maintenance funds may permit the temporary use of public rights of way for purposes other than public use and close the right of way for public use and travel during temporary use.
What are the 4 parts of enacting and enforcing ordinances?
- enactment
- notice
- language
- judicial review
What is the process for enacting an ordinance?
an ordinance may be adopted, amended, appealed by a simple majority vote of the gov. body of a local government at a lawful public meeting; the affectd residents must recivie notice, and ordinance become effective upon adoption or upon date fixed by the gov body.
What type of notice is required for an ordinance?
county govs must publish notice in newspaper circulated in the county before enanctment and provide citizens w info, about the ordinances content (the full text is not req.) and the place a which they may express concerns
What are the language requirements of an ordinance?
Must be clear, certain, and definite so that an average person would understand after reading it wether he will incur a penalty for his action or inaction
What is the judicial review req. of an ordinance?
A party alleging the invalidity of an ordinance has the burden of proof.
There is a presumption of validity, which must be overcome by a showing of unreasonableness by clear and convincing evidence.
Do local governments have the power to incur debt?
No, local govs, have no inherent power to borrow money and accure debt.
BUT
they have power by stat to contract debt for local projects, borrow money for any project, and issue bonds to pay for all or part of the costs of a project.
Is a public hearing required before the issuance of bonds?
yes, notice of the hearing must be published in a local newspaper, must state:
1. the est. max amount of bonds proposed
2. the proposed use of the bonds proceeds
and
3. the time and place of the hearing
What are the debt limitations for a municipality?
Debt cannot exceed 10% of the assessed valuation of the real esate in the municipality subject to taxation.
A county may elect to be treated as a city if approved by a majority view of qualifed voters.
What are the three classes of indebtness that are not included in determing a muncipal corps debt limit?
Revenue anticipation bonds: if they mature within one year from the date of their issue, are not past due, and do not exceed the revenue for such year.
Special fund doctrine bonds: the municipal corp, must demonstrate that the recipts from the undertaking are sufficent to cover the cost of operation and admin within five years.
Authorized Contract obligations: contract obligations to provide payments over a period of more than one year to any publicy owned or controlled regional project if authorized by an inerstate compact of general assemply.
