(DOWNLOAD) "Dietrich v. City of Deer Lodge" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Dietrich v. City of Deer Lodge
- Author : Supreme Court of Montana
- Release Date : January 10, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
1. Municipal corporations ? City can exercise only powers granted. A city is mere political subdivision of state for governmental purposes, owes its very existence to legislative will, and may exercise only powers granted it by statutes either directly or by necessary implication. 2. Municipal corporations ? City streets subject to states general laws. City streets are public highways, jurisdiction over which is primarily in state, and city, though charged with duty to keep them in repair and with cost of maintenance thereof, acts subject to states general laws with respect to such streets. 3. Municipal corporations ? City presumed to not have implied powers. The presumption is against citys exercise of any powers not vested therein by express law, necessarily implied, or essential in accomplishment of purposes of municipality. 4. Municipal corporations ? Powers granted to city must be in clear terms. The state must be presumed to have granted city in clear and unmistakable terms all powers intended to be granted thereto. 5. Municipal corporations ? Power to issue general obligation bonds for paving. A city or town has no power to issue general obligation bonds for paving and widening of its streets, in view of statute providing for special assessments and creation of special improvement districts when indebtedness must be incurred for such purposes. 6. Municipal corporations ? Exercise of power when mode is set out in statute. When mode of exercising power conferred on municipal corporation by statute is prescribed by such statute or by independent act, such procedural method must be followed. 7. Municipal corporations ? General obligation bonds for paving not proper. The statute requiring submission to city or town electors of question of issuing municipal bonds for any purpose, when deemed necessary by council under its powers as set forth in any statute, merely prescribes procedure for issuance of general obligation bonds when power to incur such indebtedness is granted municipality by specific legislative act, and hence does not authorize council to issue general obligation bonds for paving and widening of streets.