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Topic: Municipal corporations


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  H. B. No. 256As Introduced
municipal corporations or of the township proposed to be merged
corporations or the unincorporated territory of the township in
of the municipal corporations or the unincorporated territory of
www.legislature.state.oh.us /BillText125/125_HB_256_I_Y.html   (2556 words)

  
 [No title]
Municipal Corporations 121 (NCI4th)-- annexation -- challenge -- burden of proof Where the record of annexation proceedings shows substantial compliance with the requirements of Chapter 160A, the burden is on petitioners to prove failure to meet those requirements or an irregularity in the proceedings which materially prejudiced their substantive rights.
Municipal Corporations 58 (NCI4th)-- annexation -- urban use of annexed property -- time of calculation The superior court did not err in an annexation challenge by concluding that the City appropriately found that the area to be annexed was developed for urban purposes where the finding was not made on the date of annexation.
Municipal Corporations 96 (NCI4th)-- annexation -- water and sewer services -- FmHA funds An annexation was not prohibited by the fact that the annexed area consumes the majority of a water and sewer district which recently constructed water and sewer facilities using funds borrowed from the Farmers Home Administration.
www.ibiblio.org /pub/docs/nc-supreme-court/jun2194/asheville   (2162 words)

  
 Law Library Resource Guides: Municipal Law Research   (Site not responding. Last check: 2007-11-04)
Municipal corporations are creatures of state law and possess only those powers granted by the state legislature.
Following the procedures laid out in the municipal charter, this body passes ordinances which are really "laws" having force and effect within the boundaries of the municipal corporation.
Municipal codes are usually organized and published in some subject arrangement, with ordinances on similar subjects being grouped together.
www.iulaw.indy.indiana.edu /library/Municipal.htm   (751 words)

  
 OSCN Found Document:OKLAHOMA CITY v. DISTRICT COURT OF THIRTEENTH JUDICIAL DIST.
The words "a corporation created by the Laws of this state" in section 112, O. 1931, must be construed in connection with the words "may be brought in the county in which it is situated" therein, and when so construed they are applicable to municipal corporations.
Under the provisions of section 112, O. 1931, an action against a municipal corporation created by the laws of this state may be brought in the county where the cause of action or some part thereof arose, even though that county is a county other than the situs of the municipal corporation.
Furthermore the magnitude and importance of the functions of municipal government are constantly increasing with the growth of population, and of the various and complex agencies employed in cities and towns in the public service, and these functions require the constant presence and watchfulness of those charged with their direction and management.
www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=34742   (4331 words)

  
 Bricker & Eckler LLP: Ohio Supreme Court Allows for Municipal Taxation of Distributive Shares from Subchapter S ...
Municipal corporations, on the other hand, have taken the position that subchapter S corporations, like partnerships, are ignored.
Shareholders of subchapter S corporations that operate solely in Ohio will continue to be subject to municipal income tax on their entire distributive share of net profits (to the extent the net profits do not represent intangible income to the corporation, of course).
Under existing R.C. 718.14(D), municipal corporations were required to elect, by January 1, 2003, whether to impose their income tax on the net profits of pass-through entities, such as partnerships, subchapter S corporations, and limited liability companies, at either the entity level or the ownership level.
www.bricker.com /publications/articles/661.asp   (1389 words)

  
 Relating to biennial budgeting by municipal corporations; creating new provisions; and amending ORS 294.311, 294.316, ...
However, subsection (1) of this section shall apply to the expenditure of grants, gifts, bequests or devises transferred to a municipal corporation for undesignated general purposes or to the expenditure of grants, gifts, bequests or devises transferred to a municipal corporation in trust for specific purposes which were received in a prior year.
The summary shall be of sufficient detail to inform the citizens of the municipal corporation of the proposed financial plan for the ensuing { - fiscal - } year { + or ensuing budget period + }.
However, this section does not require the municipal corporation to adopt a supplemental budget to pay the principal and interest coming due on limited tax bonds, as defined in ORS 288.150, in the fiscal year { + or budget period + } in which such bonds are authorized and issued.
www.leg.state.or.us /01reg/measures/hb2000.dir/hb2022.a.html   (7074 words)

  
 Ohio Attorney General
Municipal corporations and townships are statutorily authorized to provide police protection, fire protection, and emergency medical services to their citizens.
Your third and fourth questions concern the authority of a township and municipal corporation to enter into a contract with the board of county commissioners whereby the township or municipal corporation pays the county to dispatch the police officers, firemen, and emergency medical services personnel of the township or municipal corporation.
Thus, pursuant to R.C. 311.29, a township or municipal corporation may enter into a contract with the county sheriff whereby the sheriff dispatches the police officers of the township or municipal corporation, and the township or municipal corporation pays the county for the costs it incurs under the contract.
www.ag.state.oh.us /legal/opinions/1995/95-004.htm   (3227 words)

  
 02-243
Municipal corporations -- annexation -- testimony by two witnesses that their property was not "held to be sold as suburban property" did not prohibit finding by trial court that other properties in area to be annexed met criteria.
Municipal corporations -- annexation -- trial court's finding that appellant failed toprove that highest and best use of any parcel within annexed area was horticultural or agricultural not reversible error.
One of the primary purposes of annexation by a municipality is to have orderly growth.
courts.state.ar.us /opinions/2003a/20030313/02-243.html   (5707 words)

  
 Royal Commission on Municipal Corporations (1835)
The Corporations look upon themselves, and are considered by the inhabitants, as separate and exclusive bodies; they have powers and privileges within the towns and cities from which they are named, but in most places all identity of interest between the Corporation and the inhabitants has disappeared.
Since the repeal of the Corporation and Test Acts, and the removal of the civil disabilities of the Catholics, very few instances occur in which either Catholics or Dissenters, who often form a numerous, respectable and wealthy portion of the inhabitants, have been chosen into the governing body of the corporation.
In general, the corporate funds are but partially applied to municipal purposes, such as the preservation of the peace by an efficient police, or in watching or lighting the town, andc.; but they are frequently expended in feasting, and in paying the salaries of unimportant officers.
www.victorianweb.org /history/muncorp.html   (2938 words)

  
 OSCN Found Document:SUBLETT v. CITY OF TULSA
MUNICIPAL CORPORATIONS -- Governmental character of public ports, piers, wharves, etc. The governmental character of public ports, piers, wharves, etc., as well as rights in navigable waters and landing places is a matter upon which the sovereign is free to legislate.
Where the Constitution and state laws exempt all property of municipal corporations within the State from taxation, such property is exempt therefrom without regard to the character of the use, and the fact that certain property may be used by private corporations does not abrogate Const., Art.
This conclusion is predicated upon decisions which hold that powers of a municipal corporation must be construed strictly, and a city has only the powers granted, those impliedly (granted) and fairly incident to those expressly granted, or powers essential to the declared object of the municipality.
www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=36822   (8677 words)

  
 Municipal borough - Wikipedia, the free encyclopedia
The municipal boroughs were created by the Municipal Corporations Act 1835 and allowed the creation of an elected town council, consisting of a mayor, aldermen and councillors to oversee many local affairs.
Seven municipal boroughs were abolished in the 1960s, and reconstituted as rural boroughs and civil parishes in rural districts.
All municipal boroughs (over 200 of them) were abolished in 1974 (by the Local Government Act 1972) and many were merged with surrounding rural districts to form the present pattern of local government districts.
en.wikipedia.org /wiki/Municipal_borough   (454 words)

  
 hb36.html
When a new municipal corporation is created by local Act, the governing authority of the municipal corporation shall have all the same powers to license and regulate alcoholic beverages within its territory as did the governing authority of the county when such territory was within the unincorporated area of the county.
The function of the interim representatives shall be to facilitate the provision of municipal services and facilities, the collection of taxes and fees, and the negotiation of intergovernmental agreements in preparation of the establishment of the new municipality.
When a new municipal corporation is created by local Act, the chartering local Act may provide for the initial terms of office of members of the governing authority to be of any length or lengths; and the provisions of this Code section shall control over any conflicting provisions of Code Sections 21-2-541.1 and 21-2-541.2.
www.legis.state.ga.us /legis/2005_06/fulltext/hb36.htm   (1723 words)

  
 AGO_1984_No_010   (Site not responding. Last check: 2007-11-04)
A municipal corporation, in its strict and proper sense, is a body politic established by law partly as an agency of the state to assist in the civil government of the country but chiefly to regulate and administer the local and internal affairs of the city, town or district which is incorporated.
  Sometimes the term municipal corporation is used in a broader sense and includes public quasicorporations, the principal purpose of whose creation is an instrumentality of the state, but not for the regulation of local and special affairs of a compact community.
As the term is used herein, what is meant is a corporation created or authorized by the legislature which is merely a public agency endowed with such of the attributes of a municipality as may be necessary in the performance of its limited objective.
www.atg.wa.gov /opinions/1984/opinion_1984_010.html   (2279 words)

  
 GeorgiaInfo - Carl Vinson Institute of Government
Notwithstanding any other provision of this Constitution, a county or municipality is authorized to enter into contracts with: (1) any county which is contiguous to such county or the county in which such municipality is located; (2) any municipality located in such a contiguous county or the same county; or (3) any combination thereof.
The governing authority of any county, municipality, or other political subdivision of this state may provide for the refunding of outstanding bonded indebtedness without the necessity of a referendum being held therefor, provided that neither the term of the original debt is extended nor the interest rate of the original debt is increased.
Any county, municipality, or other political subdivision of this state shall at or before the time of incurring bonded indebtedness provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within 30 years from the incurring of such bonded indebtedness.
www.cviog.uga.edu /Projects/gainfo/conart9.htm   (4245 words)

  
 Audits Div._162_010
The audit report and expression of opinion are to be issued to the municipal corporation within six months after the close of the calendar or fiscal year unless an extension of time has been granted by the Secretary of State.
If the municipal corporation has made appropriations in a manner which differs materially from the presentation of estimated expenditures in the budget document, a separate schedule must be included which compares actual expenditures/expenses with the legally adopted appropriations.
There shall be comments regarding the municipal corporation's compliance with legal requirements pertaining to the amount and adequacy of collateral, private deposit insurance, or guaranty bond pledged by depositories to secure the deposit of public funds.
arcweb.sos.state.or.us /rules/OARS_100/OAR_162/162_010.html   (4216 words)

  
 Opinion 91-1
Municipal corporations, however, may enter into agreements to cooperatively bid contracts for public work or to have one municipality perform the competitive bidding procedures for other participating municipalities in connection with projects being undertaken by individual municipalities.
Subdivision 3 of section 103 of the General Municipal Law provides that the purchase of materials, equipment and supplies, when available through county contracts extended to political subdivisions in the county under County Law, §408-a(2), are exempt from the competitive bidding requirements of General Municipal Law, §103(1).
Municipal Home Rule Law, §10(1)(i) authorizes local governments to adopt and amend local laws, not inconsistent with any general law or the Constitution, relating to their property, affairs or government.
www.osc.state.ny.us /legal/1991/legalop/op91-1.htm   (955 words)

  
 Formula to control state municipal corporations : HindustanTimes.com   (Site not responding. Last check: 2007-11-04)
Such move is also on this time in several municipalities, particularly in Vidarbha and that’s why leaders of both the partners have formulated a formula to prevent such practices.
Presently, the Congress can get control of 28 municipalities while the NCP can have power in 25 on their own strengths out of 169 municipalities in which elections were held in November.
The elections of 28 more municipalities will be held on January 7 while the elections of ZP and Municipal Corporations are expected in February 2007.
www.hindustantimes.com /news/181_1862601,0006.htm   (407 words)

  
 Opinion #5378
Neither the state nor its municipal corporations may prohibit door-to-door solicitation or the distribution of handbills on behalf of a citizen organization.
Neither the state nor its municipal corporations may impose a tax or fee upon the activity of canvassing door-to-door by a citizen organization; nor may the state or its municipal corporations require the posting of a bond as a condition of engaging in this activity.
5 bar the state and its municipal governments from forbidding entirely representatives of citizen groups from canvassing door to door, requiring prior examination of the citizen's organization, its aims and approval before canvassing is permitted, requiring payment of fees or the posting of bonds, restricting canvassing to residents only, and requiring fingerprinting of canvassers.
www.ag.state.mi.us /opinion/datafiles/1970s/op05378.htm   (1885 words)

  
 Municipal Corporations Act 1835 - Wikipedia, the free encyclopedia
IV., c.76) - sometimes known as the Municipal Reform Act - required members of town councils (municipal corporations) in England and Wales to be elected by ratepayers and councils to publish their financial accounts.
Prior to the passing of the act, the municipal boroughs varied depending upon their charters.
In some boroughs, corporations had become self-perpetuating oligarchies, with membership of the corporation being for life, and vacancies filled by co-option.
en.wikipedia.org /wiki/Municipal_Corporations_Act_1835   (2543 words)

  
 AGLO_1974_No_005   (Site not responding. Last check: 2007-11-04)
Sess.; determination of the rate of compensation to be paid by a municipal corporation for fire protection services thereunder; consequences of refusal of a municipal corporation to contract with a fire protection district; municipal bids for fire protection services.
Sess., and asking for our opinion on several questions with respect to this act under which certain state agencies and municipal corporations will be required to contract with fire protection districts for the services of those districts.
            In concluding in AGO 1973 No. 19 that a public school district is a "municipal corporation" as that term is used in the subject act we relied, principally, upon a number of prior decisions of the Washington Supreme Court in which school districts have been held to be municipal corporations for various other purposes.
www.atg.wa.gov /opinions/AGLOs/1974/opinion_1974_005.html   (1083 words)

  
 Johnson & Bell Municipal Liability Law Alert
With this issue of Municipal Law Alert we review municipal exposure in the context of police misconduct claims; the Appellate Court's duty to warn of sidewalk defects; and the justification of extraordinary circumstances for prolonged detention of arrestees.
In other words, a municipal policy, regulation or ordinance must be the actual source of the discrimination and must be causally related to the violation of another’s constitutional rights.
Municipalities have long appealed to common sense in attempting to avoid liability in sidewalk defect claims, but size matters to the courts.
www.johnsonandbell.com /marketing/municipalWinter06.htm   (653 words)

  
 Chapter 225 — Municipal Utilities
An assessment shall not be levied under this section against property located outside the city, however, unless the governing body of the county where such property is located, by resolution, approved the assessment of the property to be assessed.
The proceeds of bond issues issued after June 6, 1931, by authority of charter provisions of the city for the purpose of creating, acquiring, building, improving, enlarging, altering or repairing the plant or system referred to by ORS 225.210 shall be used exclusively for the purposes for which such bonds were authorized and issued.
The volumetric charge shall not be less than the equivalent of three percent of the gross operating revenues of the municipality utility in 1999.
www.leg.state.or.us /ors/225.html   (2753 words)

  
 GeorgiaInfo - Carl Vinson Institute of Government
Each county shall be a body corporate with such powers and limitations as may be prescribed by law.
All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided.
Any County may be dissolved and merged with a contiguous county or counties by two-thirds of the qualified voters of each of the counties affected who participate in elections held for that purpose.
www.cviog.uga.edu /Projects/gainfo/con1945k.htm   (352 words)

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