A Treatise on the Law of Municipal Corporations, Volumen1

Howard Strickland Abbott

Keefe-Davidson Company, 1905 - 3045 páginas

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CREATION AND DISSOLUTION OF CORPORATIONS 9 The power to create a public corporation	18

As existing in the national government	22

The states and their power to create	23

The exercise of the power	25

Conditions precedent population	27

Conditions precedent area and physical characteristics	28

Mode of creation By prescription	30

By implication	32

Coupons their legal character	494

Time and place of payment	497

Negotiable securities sale	498

Their payment	501

Time of payment	503

Medium of payment	504

To whom payable	505

The payment of interest	507

By affirmative action 18 Petition and notice The petition	33

The notice	34

The election	35

Subsequent official action	36

Incorporation without an election	37

The charter of a public corporation and its legal nature	38

Rules of construction	41

The charter considered as evidence	43

Acceptance	44

Distinction between a public quasi and a municipal corporation in this regard	45

Amendment of the charter	47

By implication or indirection	49

Effect of amendments	51

Repeal of charter	52

Effect of repeal	54

Corporate existence and the doctrine of collateral attack	58

The dissolution of the corporation and its effects	62

Forfeiture of charter	63

TERRITORIAL CHANGES AND THEIR EFFECT 35 Boundaries their enlargement	64

Other necessary acts and proceedings	66

Location or character of territory annexed	67

Petition for annexation	70

Notice necessary 39 Objections to annexation	72

Official declaration and right of appeal 41 Effect of annexation upon those concerned	74

Division of public corporations and the authority	75

Character of the district divided or disconnected	78

Mode of division with official declarations	79

Effects of annexation or division upon public property and lia bilities	80

Division or adjustment of debts and liabilities	81

The legal authority where existing	85

Agency for apportionment 49 Character or form of indebtedness	87

Division of assets	89

Agency for division of assets	92

CORPORATE NAME AND BOUNDARIES 52 Existence of a public corporation	93

Name of the corporation	94

The seal and its	95

Corporate boundaries 56 Definition of corporate boundaries	96

Corporate boundaries how established	100

Boundary lines agency for their establishment	101

Proceedings for the establishment of corporate boundaries and miscellaneous matters in connection therewith	102

Location of corporate boundaries	103

Appeal from order fixing corporate boundaries 63 Change of corporate boundary	104

Judicial recognition 65 Effect of the establishment or change of a boundary line	106

Seat of government	107

Original location of a county seat	108

Removal of a county seat	110

Petition for removal	113

Its form and averments	114

Petition and its signers	115

Signers right of withdrawal 73 Petition for removal its filing Notice	116

Official action	117

Time and manner of election	118

Qualifications of voters 77 Votes necessary to a removal	120

Canvass and return of votes	122

Contests	123

Authority of commissioners	124

Declaration of the result and its effect	125

CHAPTER III	126

Power of the legislature over public revenues	133

Legislative control over corporate boundaries	137

Over municipal boundaries	138

Legislative power over public property	140

Over corporate contracts	143

Legislative control over trust property held by public corpora tions 90 The power of the legislature to compel the payment of debts	147

Retention of jurisdiction 92 Constitutional limitations on legislative power	151

Limitations on the passage of what is termed special legisla tion	152

Constitutionality of laws classifying public corporations	156

Expenses incurred in excess of current revenue or income	157

Net debt deduction of uncollected taxes	158

Other constitutional objections	159

The impairment or destruction of vested rights as a limitation 97 Control over the corporation in its private capacity	162

CHAPTER IV	165

Notice	168

Time and place of holding	170

The town meeting its powers	171

Its powers continued	173

Purpose for which held levy of taxes election of officers	174

The town meeting right and authority for holding	175

Officers and their duties	176

Voters and their qualifications	177

Miscellaneous matters	178

CHAPTER V	179

The control of nuisances 138 Their abatement and removal 139 Objections to the removal or abatement of nuisances III THE POWER TO INCUR I...	180

Questions not necessary for submission to the electors 191 The election time and manner of holding	181

Warrants definition by whom drawn 227 Fund from which payable	182

Implied	191

To enact ordinances Public offices	192

To acquire and hold property The police power Miscellaneous implied power	193

Discretionary and imperative powers	194

Their exercise	195

Corporate powers their extent and nature	198

Their delegation	199

Rules of construction	200

Rule of strict construction how modified	201

THE POLICE POWER 115 Definitions	202

General limitations upon its exercise	210

Constitutional limitations	212

The preservation of public health	213

Public agencies for the preservation of health	214

Boards of health their jurisdiction and powers	215

Vaccination	218

Their liability	222

Quarantines and quarantine regulations	225

Acceptance of bids	263

Rejection of	264

Notice	265

Specifications of services or supplies required	266

Discretionary power in officers to reject or accept bids	267

The same subject continued	268

Discretionary power of officials to award to lowest bidder	269

otherwise	277

a In general	304

b Railway	307

Express limitations on power to incur indebtedness	308

Same subject continued	313

Retroactive effect of limitations	323

Construction of statutory and other limitations	324

Definition of the word indebtedness or debt as used in lim iting laws	326

Indebtedness must be a legal demand	344

Debts of territorially coexisting public corporations	346

Assessment or valuation to be considered	347

Indebtedness further defined warrants issued in anticipation of taxes levied	348

Future payments under executory contracts not usually regard ed as debts	351

Unearned interest not considered a debt	354

Deduction of assets to determine net debt	355

Corporate indebtedness its payment from a special fund	356

Its payment through the levy of taxes	360

Manner of levying taxes 165 Provision for payment at time debt was incurred	361

Debt mode of payment	364

Time and place of payment	365

Enforcement of a debt by action IV THE POWER OF PUBLIC CORPORATIONS TO INCUR INDEBTEDNESS THROUGH THE ISSUE OF NEGO...	366

b De facto corporate existence necessary 170 The power to issue must be expressly given it cannot be	372

plied	373

Ratification of void issue of negotiable bonds	379

The issue of bonds their purpose	382

Refunding bonds	388

Obligations issued for the purpose of funding a bonded in debtedness	394

The issue of negotiable securities for the construction or	397

The construction of municipal lighting plants	399

To secure a water supply	400

Railway aid securities	403

Construction of drains and sewers	404

The construction of bridges	405

The erection of public buildings	407

For making local improvements	409

Internal improvements	411

The power to issue and the conditions precedent to its exer cise	413

Performance of conditions precedent required of railway com panies	414

Conditions precedent to issue a The notice or order for an election	421

b Its form	423

c Its service	425

Petition	428

The calling of an election by ordinance	429

The election	431

Voters and their qualifications	435

Canvass of election returns	436

Necessary votes	438

Negotiable securities delivery	441

Necessity for registration	444

Official signatures and seals	447

Sealing	451

Form	453

Times of issue and maturity	454

Rate of interest 199 Recitals of authority	455

The ratification of void securities	456

Negotiable bonds their validity	460

As affected by adverse decisions of a state court	462

Validity of issue in excess of legal authority	464

Legality as affected by subsequent legislation	465

Securities of public corporations their legal character	467

Validity of negotiable securities The doctrine of estoppel 207 The same subject	473

Estoppel through the payment of interest	476

The doctrine of recitals	479

The decisions of state courts upon questions of commercial law not controlling	484

Estoppel not applying to recitals of	485

Distinction between power to issue and irregularity in its exer cise	486

The doctrine as applied to bonds containing no recitals of au thority	489

Bona fide holder	490

The rule as to the payment of void bonds	508

Payment of securities through provisions for a sinking fund	510

The duty to levy taxes for the payment of interest or principal of negotiable bonds	513

Rights of a holder to maintain an action	515

Formal issue 229 Audit and allowance of claims as preliminary to issuance	522

Their legal character	523

Form	527

Wording	528

Validity a In general	529

b Warrants invalid because of purpose for which issued	533

c Invalidity resulting from character	534

d Refunding 234 Interest payable	535

Actions on warrants	536

Their payment	540

Presentation for payment	541

Payment the amount	542

Manner of payment	543

Time of payment	544

Abb Corp	545

To whom payable	546

Miscellaneous forms of indebtedness	549

The same subject legal character	551

Form and phraseology 245 Mode and time of payment	553

THE POWER TO CONTRACT 246 In general	554

The implied power to contract	558

Ultra vires contracts 249 For want of authority	560

Because of purpose or result	563

Contracts protected by constitutional provisions 252 Contracts ultra vires because of constitutional provisions	564

The same subject continued	566

Contracts ultra vires because contravening some exclusive right 255 Contracts ultra vires because of a beneficial interest resulting to the public officer...	569

Contracts ultra vires because of fraud or bribery	573

Contracts ultra vires because extending beyond official term	574

Ultra vires contracts their enforcement	577

Availability of the doctrine of estoppel	578

Contracts their formal execution	582

Presumption of legality	587

Mode of contracting letting to the lowest bidder	588

Change of contract	606

Parties to the proceedings	607

Conditions imposed	608

Contracts how made in writing	610

How made orally 275 By whom made	612

As authorized by legislative bodies	614

Contracts made by departments	616

Made by public officials	622

The ratification of an illegal contract	623

Ratification of a contract u tra vires 281 Legislative ratification of ultra vires contracts	627

Ratification of illegal contracts	628

Modification of a contract	629

Avoidance or rescission of contract	631

Contracts their construction	634

Arbitration clauses	641

Corporate contracts their performance a In general b Manner of performance	642

c Time of performance d Other conditions	643

e Performance by the public corporation as a party to the contract 288 A contract its performance acceptance of work	645

Fraud as rendering a contract invalid	647

The right of the parties to maintain an action based upon a contract	648

Delay in the performance of a contract	649

The assignment of a contract	652

Rights of parties	654

Payment of contract obligations	655

Extras	660

Public contracts actions 297 Bond required of contractors	663

Rights of sureties	667

Subcontractors	668

CHAPTER VI	669

The authority	679

Limitations upon the power a Limitations as to rate or amount	682

b Limitations as to purpose	684

Purpose of taxation	691

a Railway	696

The payment of debts	697

a Of judgments	698

b Of bonds and interest	699

c Obligatory payments on contracts d The payment of warrants and claims	701

Taxation for the support of public schools	702

School taxes amount required	704

Diversion of funds	706

The construction of roads	707

The levy of taxes for the establishment or maintenance of plants for the supply of water and light	710

The exercise of the power	712

The authority to tax and upon what based	715

Exemptions a Public property exempt	716

b Other exemptions	718

c Contract exemptions	721

d Exemptions arising because of purpose for which prop erty is used	722

Taxes their levy and assessment	723

Basis or authority for tax levy	726

Agency of tax levy	727

Apportionment of taxes	732

Tax levies preliminary proceedings	733

Mode of levy and assessment	739

Loss of power	740

Errors in proceedings	741

The power when exercised	744

The duty obligatory	745

Equalization of tax levies	746

Taxpayers rights	747

Lien and priority	752

Collection of taxes	754

Personal liability	756

a The same subject	760

Use of proper remedy by taxpayers to prevent collection of illegal taxes	762

Compromise of taxes	763

Right to prescribe and collect penalties 332 Irregularities	764

Enforcement of lien	765

Summary proceedings	766

The payment of taxes To whom and when	770

Their refunding	771

Special Assessments	773

Definition and explanation of the term	774

The exercise of the power to levy	786

a The power a continuing	788

b Cannot be delegated	789

Limitations upon the power	790

Purpose for which exercised	792

a What not considered local improvements	793

b What regarded as local improvements	794

Extent of exercise	801

Discretionary power of municipal authorities to make	802

Discretionary power with reference to locating limits of taxing district	803

Property subject to local assessments	805

a Statutory exemptions	807

b Contract exemptions c Exemption from local assessment because of use by com mon carriers	811

d Property exempt because of its location	818

e Public property when exempt	822

The manner of determining local assessments conversely benefits	824

According to frontage	827

Assessment based upon location 347 Levy based upon ascertained benefits	834

a Ascertainment of benefits	838

b Appeal from appraisal of commissioners	842

c Right of appeal 348 What considered as benefits	843

Illustrations of benefits	845

Levy based upon area or comparative value of property	848

Individual liability	849

Estoppel of taxpayer	850

Place of assessment 353 Acquiring jurisdiction preliminary proceedings	851

Same subject continued	866

a Legality of ordinances	870

b Form	874

c A local improvement ordinance must be reasonable	880

Resolutions	883

Petition by property owners	884

a Petition not necessary where cost is paid from general funds	887

Declaration of necessity	890

Construction of the improvement	892

Notice to property owners	893

When given	897

How given and to whom	899

Result of a failure to give notice	903

Variance of proceedings from notice given	907

Benefits the basis of assessment	908

Presumption of validity	910

Estoppel of public corporations	912

Form of reports assessment rolls and other necessary papers	913

Opportunity for investigation and examination	915

The right of correction and review	916

Parties to appeal proceedings	918

Review by the courts 376 Review by other bodies	919

The right of appeal or review manner and time of exercise 378 Conclusiveness of decision	922

Review and correction	923

What questions raised on appeal and review	926

Estoppel of property owner a By laches	928

b By course of action	929

The same subject propositions negatively stated	933

Right of appeal as based on omission to tax other property 384 Excessive assessment	939

Judicial confirmation of an assessment roll	941

Reassessment or supplemental assessment	942

Curative legislation	945

Collateral attack	947

Lien and priority of special assessments	948

The same subject continued	950

Collection of special assessments	952

Manner and amount of collection	953

Same subject summary proceedings	954

Time of collection	957

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Página 354 - Any county, city, school district or other municipal corporation, incurring any indebtedness as aforesaid, shall, before or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same.‎

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Página 402 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.‎

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Página 228 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...‎

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Página 207 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law disregarding the constitution, or conformably...‎

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Página 153 - In all other cases where a general law can be made applicable, no special law shall be enacted.‎

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Página 20 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...‎

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Página 207 - To justify the state in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally as distinguished from those of a particular class, require such interference; and. second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.‎

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Página 251 - A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals, or safety of the community, cannot, in any just sense, be deemed a taking or an appropriation of property for the public benefit.‎

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Página 20 - Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time or repealed.‎

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Información bibliográfica

Título	A Treatise on the Law of Municipal Corporations, Volumen1 A Treatise on the Law of Municipal Corporations, Howard Strickland Abbott
Autor	Howard Strickland Abbott
Editor	Keefe-Davidson Company, 1905
Largo	3045 páginas

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