Local Govt

Question 1

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

Answer 1

False; state and local govts overlap

Question 2

What is Home Rule?

Answer 2

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

Question 3

What is Dillon’s Rule?

Answer 3

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

Question 4

Does Home Rule include a power to tax?

Answer 4

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

Question 5

What is a Charter city?

Answer 5

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

Question 6

What is a Non Charter city?

Answer 6

City governed by general and special law only

Question 7

Can a noncharter city change its structure?

Answer 7

NO; but a charter city can

Question 8

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

Answer 8

FALSE; charter cities can tho

Question 9

What are the exceptions to local govt utility services?

Answer 9

(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

Question 10

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

Answer 10

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

Question 11

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

Answer 11

No

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