Cities ("Munis")

Question 1

Source of power?

Answer 1

Art. 8, Sec. 2
HR - 166.021

Question 2

How created?

Answer 2

Discretion to create by legislation.

Question 3

Muni powers instilled by _________ subject to 3 things.

Answer 3

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

Question 4

What powers does Muni have?

Answer 4

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

Question 5

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

Answer 5

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

Question 6

MUNIS

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

Answer 6

MUNIS
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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.

Question 7

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

Answer 7

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

Question 8

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

Answer 8

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.

Question 9

What are 3 subjects a Muni cannot legislate on?

Answer 9

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.

Question 10

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

Answer 10

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

Question 11

How are Muni powers vulnerable?

Answer 11

Art. 8, Sec. 2 gave govt, corp, prop for muni govt, serv, functions.
———–
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).

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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]

Question 14

Under what statute wd munis impose special assessment for:

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

Answer 14

FS Ch. 170

Question 15

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

Answer 15

MUNIS
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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.

Question 16

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

Answer 16

MUNIS
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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.

Question 17

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

Answer 17

FINANCE
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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.