Cities ("Munis") Flashcards

1
Q

Source of power?

A

Art. 8, Sec. 2
HR - 166.021

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2
Q

How created?

A

Discretion to create by legislation.

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3
Q

Muni powers instilled by _________ subject to 3 things.

A
MUNIS
-----------
By legislature.  
Subject to: 
A.  Const, 
B.  Gen & spec. laws.
C.  Charter.
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4
Q

What powers does Muni have?

A

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

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5
Q

When searching whether Muni has power to act, what 2 things would you look at?

A
MUNIS
-----------
1.  A prohibition
	\+
2. Will it serve a muni purpose?
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6
Q

MUNIS

1) Have these 3 powers
2) To conduct 3 functions
3) For 2 purposes
4) Except?

A
MUNIS
-----------
POWERS	
1. Governmental
2. Corporate
3. Proprietary

TO CONDUCT

  1. Muni Government,
  2. Perform Muni functions, +
  3. Render Muni services

FOR

  1. Muni purposes +
  2. H, S + W of citizens

EXCEPT AS OTHERWISE PROVIDED by law.

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7
Q

What parameters are placed on Muni’s ability to pass ordinances?

A
MUNIS
-----------
For muni purps  (i.e, reas relatship to citiz’ H,S +W)
	\+
Except as otherwise provided by law.
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8
Q

Contrast ordinance passing parameters for Charter, N-C & Muni.

A
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.
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9
Q

What are 3 subjects a Muni cannot legislate on?

A

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.

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10
Q

Why can’t Munis legislate on annexation, merger or use of extraterritorial powers?

A

Per the FL Constitution, those require gen or special law.

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11
Q

How are Muni powers vulnerable?

A

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).

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12
Q

State how Muni powers are akin to either Charter or N-Cs.

A

Munis are akin to Charters but Munis can be diminished by special act.

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13
Q

State the powers of Charters, Non-Charters & Munis.

A

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]

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14
Q

Under what statute wd munis impose special assessment for:

A. Muni public works?
B. Business district improvements?

A

FS Ch. 170

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15
Q

What is the 5 step procedure under FS 170 for muni to impose spec assmt for bus district improvements or muni pub works?

A
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.
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16
Q

What are the publish requirements for muni S.A. for muni pub. works + business district improvements [FS 170]?

A
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.
17
Q
FINANCE
-----------
Who passes what kind of financing mechanism under Ch. 170?
----------
For what 2 things are the monies used?
------------
Is a vote required?
A
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.