Types of Local Entities

Question 1

Intro

What are the three key concepts and topics of local government for purposes of the bar exam?

Answer 1

1. local governments can only exercise the powers granted to them by the state and those powers, pursuant to Dillon’s Rule, are narrowly construed
2. Rules regarding land use and the power of eminent domain
3. Tort liability for local governments

Question 2

what are the main types of local governments? (4)

Answer 2

1. Counties
2. Cities
3. Towns
4. Service authorities

Question 3

A ________ is an arm of state government that consists of unincorporated areas of the state

Answer 3

county

Question 4

Are cities within counties?

Answer 4

NO, land is either in a city or a county, not both

Question 5

Government counties can opt into several alternative forms. What are they, what do they affect?

Answer 5

the traditional form, the County Board form, the County Executive form, the County Manager form, the County Manager Plan, and the Urban County Executive form.

These forms differ in the form and power of executive authority and affect incorporation and annexation.

Question 6

A ________ is an incorporated territory that either (i) has at least ________ citizens or (ii) became a ________ before ________ .

Answer 6

1. city
2. 5000
3. city
4. July 1, 1971

Question 7

A town is an incorporated community ________ a county

Answer 7

inside

Question 8

A town (i) has at least ________ citizens within its boundaries or (ii) became a town before ________ .

Answer 8

1. 1000
2. July 1, 1971

Question 9

How are towns different from cities with regard to their relationship with counties?

Answer 9

Unlike cities, towns are not independent of counties and share many governmental functions and services with the counties in which they are located.

Question 10

What are service authorities (a form of county)?

Answer 10

they serve as arms of local governments and have authority to perform specific functions.

E.g., public sanitation, boards of education

Question 11

Creation of Local Governments

How is a local government created?

Answer 11

The General Assembly grants the local government a charter, which it can do by majority vote

Also, judicial proceedings for towns

Question 12

Creation of Local Governments

What does a local government’s charter do?

Answer 12

Like a constitution, it sets forth the basic powers granted to the local government by the state

Question 13

Creation of Local Governments

For purposes of the U.S. Constitution, charters are not ________ , which means states are free to change them

Answer 13

contracts

Question 14

Alteration of Local Entities

What is “annexation?”

Answer 14

A thing that occurs when a city or town wants to grow

Question 15

Alteration of Local Entities

Cities and Towns can annex county land through a three step process:

3 steps, and four-part test in step three

Answer 15

1. Pass an ordinance to petition the circuit court for the county in which the territory sought to be annexed lies.
2. Notify the State Commission on local governments, as well as other interested local governments. The Commission will then hold hearings, make investigations, and file a report within six months.
3. A three-judge court will review the report from the Commission, and will consider a number of factors in determining whether to grant the petition, including:
   (i) The best interest of the people of the locality;
   (ii) the services to be rendered and the needs of the area proposed to be annexed;
   (iii) the best interest of the people in both the remaining portion of the county and the portion to be annexed; and
   (iv) the best interests of the state in promoting strong and viable units of government.

Question 16

Alteration of Local Entities

A city needs approval from whom to annex part of a county?

Answer 16

The court, not the county

Question 17

Alteration of Local Entities

Counties and towns can petition the circuit court for total or partial immunity from
annexation by cities if they have either: (1) (2)

A county can also petition for partial immunity for potions of the county that are providing…

Answer 17

1. A total population of at least 20,000 (Editor’s note: not 2,000) and a population
   density of at least 300 persons per square mile; or
2. a total population of at least 50K and a density of at least 140 persons per square mile

urban-style services

Question 18

Alteration of Local Entities

Counties have limited power to annex territory in cities or towns by: (3)

Answer 18

1. Securing approval of 51% of qualified voters in the county
2. Securing approval of the town or city, which has the authority to reject the annexation petition
3. If the town or city does not reject the petition, the process is the same as when cities or towns seek to annex county territory

Question 19

Alteration of Local Entities

What is the key difference for county annexation and City/town annexation?

Answer 19

Counties need consent of cities or towns to annex them. Cities and towns do not needs the consent of counties to annex them.

Question 20

Change of Municipal Status

How does a municipality obtain a change of status from “town” to “city” and vice versa?

Answer 20

The municipality may, after passing an ordinance, petition the circuit court for an order granting a change in municipal status

and then meet their respective criteria

Question 21

Change of Municipal Status

Towns can become cities if four criteria are met:

Answer 21

1. The town has a minimum population of 5K persons
2. The town can provide urban services, including an independent school system.
3. The change will not impair the ability of the town’s current county to meet the needs of the remaining population.
4. the change is in the best interests of the parties and the state

Question 22

Change of Municipal Status

Cities can become towns if six criteria are met:

Answer 22

1. The city’s population is less than 50 K
2. The adjoining county must be a D in the proceeding
3. The change will not impair the ability of the county to meet the service needs of its population.
4. The change will not lead to a substantially inequitable sharing of resources or liabilities of the new town and the county.
5. The proposed change is in the best interests of the city, county, state, and the people of the city and the county
6. The proposed change is within the best interests of the state in promoting strong and viable units of government.