Municipal authority

“ Men begin to ask whether the municipal authority may not be so organized and administered that it shall promote and protect the interests of both the corporation and the individual; whether the evils to which I have alluded, and others equally apparent and subversive of the ends of good government, are inherent in our municipal system or only incident thereto. And some effort has been made to ascertain the principles which underlie a legitimate municipal authority and the most efficient means of making the application of those principles practical. ”

“ A municipal corporation may act through its mayor, though its common council, or its legislative department by whatever name called, its superintendent of streets, commissioner of highways, or board of public works, provided the act is within the province committed to its charge. Nor can it in principle be of the slightest consequence by what means these several officers are placed in their position,-whether they are elected by the people of the municipality, or appointed by the President or a governor. The people are the recognized source of all authority, state and municipal ”

“ People's councils of municipalities directly under the central authority, and of municipalities divided into districts may set up bureaux, divisions, committees or commissions to take charge of civil affairs, public security, justice, supervision, planning, finances, food, taxation, industry, commerce, labour, culture, education, public health, physical culture and sports, projects of municipal construction, and public services ”

“ The territorial legislature at least had the same authority as that possessed by congress to recognize claims of the nature described. It is a legislative power, and it was granted to the territorial legislature by the acts already referred to. A city is a municipal corporation and a political subdivision of the state, and, what the state could do itself, it has the power to direct its agent, the municipality, to do. ”

“ And as it is to be appropriated to this use with the consent of the State ceding it; as the State will no doubt provide in the compact for the rights and the consent of the citizens inhabiting it; as the inhabitants will find sufficient inducements of interest to become willing parties to the cession; as they will have had their voice in the election of the Government, which is to exercise authority over them; as a municipal Legislature for local purposes, derived from their own suffrages, will of course be allowed them; ”

“ The executive and legislative authority of a municipality is vested in its Municipal Council. (3)
A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation, as provided for in the Constitution. (4)
The national or a provincial government may not compromise or impede a municipality’s ability or right to exercise its powers or perform its functions. Objects of local government ”

“ The law names certain things which each city charter shall provide, and imposes certain restrictions on the powers of cities. There must be an elected Mayor and a body vested with legislative power; the clerk, treasurer, and assessors, and other officers may be elected or appointed. This permits the establishment of a commission system, or of a Mayor and council with distinct powers. Provision must be made for the levy, collection, and return of State, county, and school taxes, for annual appropriations for municipal purposes, and for a system of accounts. ”

“ In some localities the inhabitants have met together and voluntarily formed a municipal organization for the purposes of local government, adopting the form of a municipal constitution and charter, under which said officials have been appointed; and ordinances creating and regulating a police force, a fire department, a department of health, and making provision for the care of the insane and indigent poor and sick and for public schools, have been passed. ”

“ With the new municipalities, a really autonomous and decentralized municipal government will be established in the towns, since no provincial assembly is created in the capitals of the provinces or districts, and each municipality is the legitimate administrator of the interests of its town, and will keep, preserve, and expend for the public welfare of the municipal funds. ”

“ This municipal assembly shall be the Council of Administration, which shall establish for the entire extent of its jurisdiction the rules of the common regime, and shall decide on all that concerns the municipal police, its internal security, sanitary policy, the management and use of municipal revenues, local expenditures, and generally all that is within the jurisdiction of the municipalities.
Art. 43. The active power shall be entirely, and for all the extent of the municipal district, in the hands of the mayor and his lieutenant, who shall be elected immediately by the primary assemblies. ”

“ The government, as provided by the charter of 1867 and numerous amendments thereto, is vested in a mayor, who holds office for two years, and a common council, which elects all administrative officials, excepting the statutory municipal officers, who are chosen by popular vote. The city owns and operates the water-works. ”

“ The city is organized, like the state government, on the plan of distributed powers and diffused responsibility. It contains, as a rule, an elaborate system of checks which affords little opportunity for the prompt and effective expression of local public opinion in the administration of municipal affairs. At the same time, it gives the municipal authorities power to inaugurate and carry out policies to which local public sentiment may be strongly opposed. This is seen in the control which the mayor and council quite generally exercise over the matter of municipal franchises. ”

“ It shall be proper for said cities to provide, by ordinance, for the exercise of all rights and powers herein conferred upon the City Planning Commission, by a park commission, or kindred municipal bureau or commission, authorized under existing laws. And no person holding office under the government of any of said cities, except the mayor, members of councils, or commissioners, shall be ineligible to serve as a member of a City Planning Commission. ”

“ It is a mistake to think lightly of the importance of municipal office, or of the responsibilities which are attached to it, either on the part of the citizen, who, as a member of the council, conducts the affairs of the town, or of the citizen who plays the part of taxpayer—and complainant in general. ”

“ The constitution of a municipality assumes that citizens will give, freely and without pay, such time as is wanted for the conduct of the municipal affairs. In local government the Settlement carries on a quiet work which is perhaps more effective than its classes and its lectures. ”

“ If there is a corrupt council, the remedy is not its supersession by an independent executive. Such an executive is the abrogation of popular government. “Good and efficient government is possible under almost any form of organization. More depends upon men than devices.... But ... if we believe that the functions of deliberation or determination of municipal policy and of administration [Pg 63] or the execution or carrying out of that policy should be kept distinct, we cannot avoid the conclusion that a city council is a necessary part of the municipal organization.” ”

“ The Provincial Councils and the City Councils are still functioning. The administrative framework of the country survives. The municipal organization, so solidly rooted, has not ceased to exercise power. ”

“ Resolved, that this Congress is of opinion that power should at once be granted to each municipality or County Council to establish workshops and factories under municipal control, where such persons shall be put to useful employment, and that it be an instruction to the Parliamentary Committee to at once take the matter in hand.' ... ”

“ The mayor shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation, and shall issue such process as may be necessary to carry said ordinances into execution and effect, appeals may be had from any decision or judgment of said mayor, or aldermen, arising under the city ordinances, to the municipal court, under such regulations as may be presented by ordinance. ”

“ Local Government.—There is a uniform system of county governments, and general laws are enacted for the organization of townships. Laws affecting municipal corporations must be general laws, applying to classes of municipalities made upon the basis of population. ”

“ In some cities the mayor has received an absolute power of appointment; the departments, especially the boards of health, have large ordinance-making powers; statutes passed by the state legislature determine (excepting the states where cities can make their own charters) the principal lines of municipal policy, and the real control over appropriations and taxes is occasionally found vested in a board of estimate, consisting of the mayor, comptroller (the chief financial officer) , and a few other administrative officials. ”

“ Of these the most important was the Municipal Act, which gave local self-government to the villages, towns, townships and counties of Upper Canada. The people of each municipality could now manage such matters as building roads, bridges, jails and court-houses, through men elected for that purpose, and who were called councillors in villages, towns and townships, and aldermen in cities. ”

“ These are some of the tasks which cannot safely be intrusted to a municipality unless its government is above suspicion, unless men of probity and capacity are placed in power, unless the whole community extends its sympathy to the work and keeps a vigilant eye upon all the officials. Municipal governments cannot be encouraged to own public utilities so long as there is a risk that somebody may own municipal governments. ”

“ City officials have confined their efforts to the routine affairs of their office, and have so often spent their spare time and the city's money freely for the satisfaction of their personal interests that municipal government has gained the reputation of being notoriously corrupt, and has been left to ward politicians by the better class of citizens. Nevertheless, municipal government represents the principle of control and stands in the background as the preserver of the interests of all the people. ”

“ Regulation by the state has the advantage of making the provisions apply uniformly to all cities within its borders and is obtained by no more effort than is required to get an ordinance through the Council of a single municipality. On the other hand, the municipal ordinance has the advantage of being secured by residents of the community who are intelligently concerned in the local problem and who will therefore take an active interest in having its provisions enforced. ”

“ The Urban District.—Of areas within which are administered the local affairs of the urban portions of the kingdom there are several of distinct importance, although in reality the institutions of urban government are less complex than they appear on the surface to be. In the main, the legal basis of urban organization is the Municipal Corporations Consolidation Act of 1882, which comprises a codification of the Municipal Corporations Act of 1835 and a mass of subsequent and amending legislation. ”

“ The municipality shall autonomously, in accordance with the Law, adopt its budget and annual balance sheet, the urban development plan and municipal development programme, establish the symbols of the municipality, as well as their use.
The municipality shall see to exercising, protection and improvement of human and minority rights, as well as to public informing in the municipality.
The municipality shall autonomously manage the municipal assets, in accordance with the Law. ”

“ A bill to incorporate a city and provide for its government may, without conflicting with the constitutional clause, contain provisions relating to the various subjects upon which municipal legislation may be required for the preservation of peach, good order, and health within its limits, the promotion of its growth and prosperity, and the raising of revenue for its government. ”

“ But the municipality of Garden City, besides setting its face against any attempt to embark upon too large a field of enterprise, will so frame its constitution that the responsibility for each branch of the municipal service will be thrown directly upon the officers of that branch and not be practically lost sight of because loosely thrown upon the larger central body—a plan which makes it difficult for the public to perceive where any leakage or friction may be taking place. ”

“ The municipalities are in their area under their own responsibility the only public body responsible for the whole local public administration. They can take over any public duty if it is not by explicit legal regulation assigned exclusively to other bodies in urgent public interest.
(2) The municipal unions have within their legal responsibilities the same position.
(3) The right to self-administer their matters are provided to the municipalities and municipal unions by the state. The overseeing of the state is restricted to ensuring that the administration is in conformance with the laws. ”

“ We are told that municipal government should be divorced from politics, and this is doubtless true. A municipality is primarily a business or engineering corporation. Its main concern is with streets, sewers, parks and docks ”