powers of the local gov Flashcards
what is dillon’s rule
localities have no inherit power
if localities have no inherent power, where do they get power?
express from state statute or
necessarily implied by the powers
essential to the purpose of those powers
can localities re-delegate?
yes if ascertainable standard
administrative and ministerial powers
state law and preemption
state law always trumps local law
name the powers delegated from the state
ordinances
incur debt
police power
sue or be sued
enter into k
how do you enact an ordinance?
simply majority vote at lawful public meeting
notice to affected residents in newspaper
simple and clear to read
what must you hold before issuing bonds?
public hearing
notice in newspaper stating amt, purpose, and time of hearing
what is the limit on incurring debt?
10% of total taxable real estate in the municipality
what is not included in counting the debt limit?
revenue anticipation bonds
special fund bonds
authorized k obligations
when can a local gov tax?
if deemed necessary to pay debts, expenses or perform gov functions
what is the police power
broad power delegated to limit, regulate, or prohibit personal and commercial activity without compensation to promote health, safety, welfare
How can cities or towns SELL electric, public place or water rights
3/4 vote from board
What if a city leases property?
Limit to 40 years
60 if air rights
