Anaya Nolan
In the US, a city, county, or municipality that does not have its own charter is known as a general-law or statutory local government. Instead of a charter, these local governments are bound by the state's general law. A general-law municipality's government structure and powers are defined by the general law of its state. A city with more than 5,000 people can choose to become a home-rule city, which is defined by a municipal charter.
| Characteristics | Values |
|---|---|
| Definition | A general-law city is a city whose government structure and powers are defined by the general law of its state, rather than by a municipal charter. |
| State Law | General-law cities are bound by the state's general law and can only exercise powers that are expressly granted or implicitly authorized by it. |
| Autonomy | General-law cities generally have less autonomy than charter cities. |
| Types | In Texas, general-law cities are classified as Type A, B, or C, depending on their population and government structure. Type A and Type B cities have five aldermen and a mayor, while Type C cities are governed by a mayor and two commissioners. |
| Population Requirements | In Texas, a city must have a population of more than 5,000 inhabitants to become a home-rule city; otherwise, it must be a general-law city. |
| Government Structure | The government of a general-law city typically includes a city council, a city treasurer, and a chief of police, with the mayor acting as the ex-officio judge of the municipal court. |
| Legislative Powers | General-law cities have limited legislative powers and can only exercise those powers authorized by state law. |
| Flexibility | General-law cities have less flexibility in their powers and are subject to Dillon's Rule, which states that they can only exercise powers expressly granted to them by the state. |
What You'll Learn
A general-law city is governed by a mayor and two commissioners
In the U.S. state of Texas, a general-law city can be governed by a mayor and two commissioners, which is classified as a Type C city. This is in contrast to a Type A or Type B general-law city, which has five aldermen and a mayor.
A general-law city is a type of local government where the municipality's government structure and powers are defined by the general law of its state. This is different from a charter city or home-rule city, which has more autonomy and is defined by a municipal charter.
In Texas, a city with more than 5,000 inhabitants can become a home-rule city upon voter approval of a city charter. Cities with fewer than 5,000 people must be general-law cities. General-law cities have only those powers that are expressly authorized or implicitly authorized by state law.
To become a Type C general-law city, a community must meet certain requirements. It must constitute an unincorporated city or town, contain 600 or more inhabitants, and meet specific territorial requirements. The procedure for incorporating as a Type C general-law city is the same as that of a Type B general-law city.
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General-law cities have less autonomy than charter cities
In the US, a general-law city is a municipality whose government structure and powers are defined by the general law of its state. This is in contrast to a charter or home-rule city, where these aspects are defined by a municipal charter.
On the other hand, charter cities have more flexibility in their governance. They can assume any power that is not prohibited by the state constitution or state laws. This gives them greater autonomy to make decisions and act in the best interests of their citizens without being restricted by state law to the same extent as general-law cities.
The specific differences between general-law and charter cities can vary from state to state. For example, in Texas, a city must have a population of more than 5,000 inhabitants to become a charter city, while in Alaska, a city can be either a home-rule or general-law city, regardless of population size. In Minnesota, cities are classified as either statutory cities or home-rule charter cities, with the former having less autonomy than the latter.
In summary, general-law cities have less autonomy than charter cities due to their more limited powers and the stricter constraints imposed by state law. Charter cities, by virtue of their municipal charters, have greater flexibility to govern themselves and make decisions beyond what is explicitly authorised by state law.
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Cities with over 5,000 people can become home-rule cities
In the U.S., a city's government structure and powers are defined either by the general law of its state or by a municipal charter. Cities that fall under the former category are known as general-law municipalities, code cities, or statutory cities. Cities in the latter category are called charter or home-rule cities.
In Texas, cities with over 5,000 inhabitants can become home-rule cities upon voter approval of a city charter. Home-rule cities may assume any power not prohibited by the state constitution or state laws. On the other hand, general-law cities only have the powers that state law expressly or implicitly authorizes.
Nebraska's constitution was amended in 1912 to allow cities with a population of more than 5,000 inhabitants to form a government under home rule. As of 2020, Lincoln and Omaha are Nebraska's only home-rule cities.
In Minnesota, cities are either statutory cities or home-rule charter cities. Statutory cities are run according to rules laid down in Chapter 412 of the Minnesota Statutes.
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General-law cities are bound by Dillon's Rule
In the US, a general-law city is a municipality whose government structure and powers are defined by the general law of its state. General-law cities are bound by Dillon's Rule, which states that local governments may exercise only the powers that the state specifically grants to them. In other words, a general-law city is limited to governmental structures and powers that are expressly granted by state law.
Dillon's Rule is a doctrine that defines the bounds of a municipal government's legal authority. It is applied in 40 of the 50 US states in some form. The rule dictates that a unit of local government may exercise only the powers that the state expressly grants to it. This is in contrast to home-rule states, where the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as they do not conflict with the state and federal constitutions.
The application of Dillon's Rule varies across states. Some states, known as Dillon's Rule states, only grant limited authority to local governments through statutes passed in the state legislature. In these states, cities or counties must obtain permission from the state legislature to pass laws or ordinances that are not specifically permitted under existing state legislation. Other states are considered home-rule states, where municipalities have more autonomy to govern themselves. Many states have a mix of Dillon's Rule and home-rule provisions, with some states applying Dillon's Rule only to certain municipalities.
The specific powers and structures of general-law cities can vary depending on the state and local laws. For example, in California, a general-law city has only those powers expressly granted or necessarily incident to those expressly granted by state law. Any reasonable doubt regarding the exercise of such powers is resolved against the city. Similarly, in Texas, general-law cities have only the powers that state law expressly or implicitly authorises.
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A general-law city has a government structure defined by state law
In the United States, a general-law city is a municipality whose government structure and powers are defined by the general law of its state. This is in contrast to a charter city or home-rule city, whose government structure and powers are defined by a municipal charter.
States may allow only general-law municipalities, only charter municipalities, or both. In states that allow both, general-law municipalities generally have less autonomy than charter municipalities. There are six states that do not allow municipal charters, meaning that every municipality is a general-law municipality. Other states may mandate charters for all municipalities, allow charters only for those meeting specific criteria, or permit municipalities to choose between being a general-law or charter municipality.
In Alaska, for example, a city may be a home-rule or general-law city, and a borough may be a home-rule or general-law borough. A home-rule city or borough may exercise all legislative powers not prohibited by law or by its charter, while a general-law city or borough has only those powers authorized by state law.
Similarly, in California, a general-law city has only those powers expressly granted or necessarily incidental to those granted. Any fair, reasonable doubt is resolved against the exercise of such powers. A general-law city in California may have only a form of government authorized by state general law.
In Texas, only cities with more than 5,000 inhabitants may become home-rule cities upon voter approval of a city charter; all other cities must be general-law cities. General-law cities in Texas have only those powers that state law expressly or implicitly authorizes. In contrast, home-rule cities may assume any power not prohibited by the state constitution or state laws.
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Frequently asked questions
A general-law city is a city whose government structure and powers are defined by the general law of its state. General-law cities are also known as statutory cities.
A charter city's government structure and powers are defined by a municipal charter, whereas a general-law city does not have its own charter.
In Texas, general-law cities are classified as Type A, B, or C. Type A and Type B general-law cities have five aldermen and a mayor. Type C general-law cities are governed by a mayor and two commissioners.
