Individual State Descriptions: 2012
2012 Census of Governments
Issued September 2013 G12-CG-ISD
U.S Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov Acknowledgments This report was prepared in the Governments Division by the Government Organization Branch, led by Stephen D. Owens.
Elizabeth Accetta, Section Chief, Government Organization Branch, directed the technical preparation and review for the report.
Elizabeth Accetta, Jennifer J. Charles, Meredith L. DeHart, Gretchen A. Dickson, and Samantha E. Shoemaker performed the legislative research for this report and updated the state descriptions, with assistance from Rachel Sullivan and Scott Tremoulis, under the direction of Stephen D. Owens, Chief, Government Organization Branch.
Christine Burton, Michael Feldman, Tameka J. Johnson, Joshuah S. Latimore, Aaron D. Moon, Justin Nguyen, Rachelle Reeder, Michael Schwarz, Godo Seri, Matthew Spence, and Alice Wimbish updated the Governments Master Address File and provided official government counts under the direc- tion of Debra L. Coaxum, Chief, Sampling Frame Research and Development Branch.
Joseph Dalaker, Section Chief, Outreach and Education Branch, assisted with developing the introductory text and served as a liaison with the Administrative and Customer Services Division and the Customer Liaison and Marketing Services Office. Additional out- reach support was provided by Lil Paul Reyes. General direction and support were provided by Brigitte Wehrs, Chief, Outreach and Education Branch.
Lisa M. Blumerman, Chief, Governments Division, Carma R. Hogue, Assistant Division Chief, Statistical Research and Methodology, Kimberly P. Moore, Assistant Division Chief, Recurring Programs Area, and Lindsey Scott, Special Projects Staff, provided the internal peer review of the text.
Corey Beasley, Faye E. Brock, Andrew Quach, Janet Sweeney, and Linda Vaughn of the Administrative and Customer Services Division, Francis Grailand Hall, Chief, provided publications and printing management, graphics design and composition, and editorial review for print and electronic media. General direction and production management were provided by Barbara J. McCoy, Chief, Publications Services Branch.
Antoinette Hall of the Customer Liaison and Marketing Services Office coordinated the external reviews with the State Data Centers. General direction and support were provided by Janice Ann Valdisera, Chief, Data Users Branch. For a listing of the external reviewers, see Appendix C.
Special acknowledgment is also provided to the many state and local government officials whose cooperation has contributed to the publication of these data.
For more information regarding data in this report, please con- tact Stephen D. Owens, Governments Division, Census Bureau, Washington, DC 20233-6800, or call 800-242-2184 (toll free). Individual State Descriptions: 2012 Issued September 2013
2012 Census of Governments G12-CG-ISD
Individual State Descriptions: 2012
2012 Census of Governments
Issued September 2013 G12-CG-ISD
U.S Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov
U.S. Department of Commerce Penny Pritzker, Secretary Patrick D. Gallagher, Acting Deputy Secretary Economics and Statistics Administration Mark Doms, Under Secretary for Economic Affairs U.S. CENSUS BUREAU John H. Thompson, Director SUGGESTED CITATION
U.S. Census Bureau, 2012 Census of Governments, Individual State Descriptions: 2012, U.S. Government Printing Office, Washington, DC, 2013
ECONOMICS AND STATISTICS ADMINISTRATION
Economics and Statistics Administration Mark Doms, Under Secretary for Economic Affairs
U.S. CENSUS BUREAU John H. Thompson, Director Nancy A. Potok, Deputy Director and Chief Operating Officer William G. Bostic, Jr., Associate Director for Economic Programs Shirin Ahmed, Assistant Director for Economic Programs Lisa M. Blumerman, Chief, Governments Division Contents
Introduction ...... v
Individual State Descriptions
Alabama ...... 1
Alaska ...... 8
Arizona ...... 11
Arkansas ...... 16
California ...... 23
Colorado ...... 35
Connecticut ...... 43
Delaware ...... 49
District of Columbia ...... 52
Florida ...... 54
Georgia ...... 66
Hawaii ...... 74
Idaho ...... 76
Illinois ...... 80
Indiana ...... 90
Iowa ...... 97
Kansas ...... 102
Kentucky ...... 108
Louisiana ...... 115
Maine ...... 128
Maryland ...... 135
Massachusetts ...... 140
Michigan ...... 147
Minnesota ...... 154
Mississippi ...... 160
Missouri ...... 167
Montana ...... 175
Nebraska ...... 180
Nevada ...... 186
New Hampshire ...... 191
New Jersey ...... 194
New Mexico ...... 199
Governments—Individual State Descriptions iii New York ...... 203
North Carolina ...... 213
North Dakota ...... 220
Ohio ...... 224
Oklahoma ...... 230
Oregon ...... 234
Pennsylvania ...... 240
Rhode Island ...... 246
South Carolina ...... 250
South Dakota ...... 256
Tennessee ...... 260
Texas ...... 265
Utah ...... 274
Vermont ...... 278
Virginia ...... 282
Washington ...... 291
West Virginia ...... 298
Wisconsin ...... 302
Wyoming ...... 307
Appendixes
A. County-Type Areas Without County Governments ...... A-1
B. Geographical Overlap of Township Governments With Other Governments ...... B-1
C. Persons Who Reviewed the Individual State Descriptions ...... C-1
D. Laws Used for Legislative Research ...... D-1
iv Governments—Individual State Descriptions Introduction
A census of governments is taken at 5-year intervals as along with the information that will be provided about required by law under Title 13, U.S. Code, Section 161. them in each state’s description. This 2012 Census, similar to those taken since 1957, cov- County, municipal, and township governments are readily ers three major subject fields—government organization, recognized and generally present no serious problem of public employment, and government finances. classification. However, legislative provisions for school The “Individual State Descriptions” provides information district and special district governments are diverse. about the organization of state and local governments. Numerous single-function and multiple-function districts, There is a separate summary for each state and the District authorities, commissions, boards, and other entities, which of Columbia. The summaries are divided according to the have varying degrees of autonomy, exist in the United five basic types of local governments recognized for the States. The basic pattern of these entities varies widely U.S. Census Bureau’s classification of government units— from state to state. Moreover, various classes of local county, municipal, township, school district, and special governments within a particular state also differ in their district governments. characteristics.
ORGANIZATION OF THIS REPORT Before attempting to identify and count governments, it is necessary to define what is to be counted and to establish This introductory text describes the scope of Census standards for classifying the various types of governmen- Bureau statistics on government organization. It explains tal entities that exist. The discussion below sets forth the the basic concepts and intricacies of the types of data, definitions and criteria that the Census Bureau uses in notes the limitations of these data, and also explains their classifying and counting governments for the purpose of relationship to data in other reports. developing statistics on governments. A summary defini- Following this introductory text are the “Individual State tion is as follows: Descriptions” that briefly describe the various local govern- A government is an organized entity that, in addition to ments authorized in each of the 50 states and the District having governmental character, has sufficient discretion of Columbia. Appendix A contains a list of county-type in the management of its own affairs to distinguish it as areas without county governments. Appendix B contains a separate from the administrative structure of any other summarized table of the geographic overlap of township governmental unit. governments with other governments. Appendix C pro- vides the list of persons who reviewed the “Individual State To be counted as a government, any entity must possess Descriptions.” Appendix D provides a list of the state laws all three of the attributes reflected in the foregoing defini- used for the legislative review. tion: existence as an organized entity, governmental char- acter, and substantial autonomy. BASIC CONCEPTS In the face of such diverse organizational arrangements, Criteria for Classifying Governments it is not possible to use a single litmus test to identify whether any particular organization is a government. Census Bureau statistics on governments are designed to However, it is possible to determine whether all three account for the totality of public sector activity without of the criteria are met, by looking for certain indicators omission or duplication. Governmental services in the described below. United States are provided through a complex structure made up of numerous public bodies and agencies. In addi- Existence as an Organized Entity tion to the federal government and the 50 state govern- Evidence of this attribute is provided by the presence of ments, the Census Bureau recognizes five basic types of some form of organization and the possession of some local governments. Of these five types, three are general corporate powers, such as perpetual succession, the purpose governments—county and subcounty general right to sue and be sued, have a name, make contracts, purpose (municipal and township) governments. The acquire and dispose of property, and the like. other two types are special purpose governments—school district and special district governments. Each government Designation of a class of governments in law as ‘‘munic- type will be described in detail later in this introduction, ipal corporations,’’ ‘‘public corporations,’’ ‘‘bodies corpo- rate and politic,’’ and the like indicates that such units
Governments—Individual State Descriptions Introduction v are organized entities. On the other hand, some entities • has a popularly elected governing body; not so specifically stated by law to be corporations do • has a governing body representing two or more have sufficient powers to be counted as governments. state or local governments; or The mere right to exist is not sufficient. When a former • even in the event its governing body is appointed, government has ceased to operate—i.e., receives no performs functions that are essentially different revenue, conducts no activities, and has no officers at from those of, and are not subject to specification present—it is not counted as an active government. by, its creating government.
Governmental Character Conversely, separate existence is not attributed to entities that lack either fiscal or administrative indepen- In essence, an organization can only be considered dence. Some local government agencies having con- to be a government if it provides services, or wields siderable fiscal autonomy are therefore not counted as authority, or bears accountability that are of a public governments, but are classified as dependent agencies nature. Governmental character exists when officers of another government, when one or more of the fol- of the entity are popularly elected or are appointed lowing characteristics is present: by public officials. A high degree of responsibility to the public, demonstrated by requirements for public • Control of the agency by a board composed wholly reporting or for accessibility of records to public inspec- or mainly of parent government officials; tion, is also taken as critical evidence of governmental • Control by the agency over facilities that supple- character. ment, serve, or take the place of facilities ordinarily provided by the creating government; Governmental character is attributed to any entities having power to levy taxes, power to issue debt for • Provision that agency properties and responsibili- which the interest is exempt from federal taxation, ties revert to the creating government after agency or responsibility for performing a function commonly debt has been repaid; regarded as governmental in nature. However, a lack of • Requirement for approval of agency plans by the any of these attributes or of evidence about them does creating government; not preclude a class of units from being recognized as • Legislative or executive specification by the parent having governmental character, if it meets the indicated government as to the location and type of facilities requirements as to officers or public accountability. the agency is to construct and maintain; Thus, some special district governments that have • Dependence of an agency for all or a substantial no taxing powers and provide electric power or other part of its revenue on appropriations or allocations public utility services also widely rendered privately are made at the discretion of another state, county, counted as local governments because of provisions as municipal, township, school district, or special dis- to their administration and public accountability. trict government; and/or Substantial Autonomy • Provision for the review and the detailed modifica- tion of agency budgets by another local govern- This requirement is met when, subject to statutory ment. However, county review of agency budgets in limitations and any supervision of local governments by connection with statutory limitations on tax rates the state, an entity has considerable fiscal and adminis- is not, by itself, sufficient to establish lack of fiscal trative independence. autonomy. Fiscal independence generally derives from power of the Other Factors entity to: Application of the foregoing criteria involves little dif- • Determine its budget without review and detailed ficulty in many instances, but the variety of provisions modification by other local officials or governments; regarding local government entities and particularly • Determine taxes to be levied for its support; some of the resultant shadings of autonomy leave the • Fix and collect charges for its services; or classification of some types of entities subject to con- • Issue debt without review by another local siderable judgment. In such cases, the Census Bureau government. has taken account of (1) local attitudes as to whether the type of unit involved is independent or not, and (2) Administrative independence is closely related to the the effect of the decision on collection and presentation basis for selection of the governing body of the entity. of statistics of governmental finances and employment. Accordingly, a public agency is counted as an indepen- dent government if it has independent fiscal powers and additionally: vi Introduction Governments—Individual State Descriptions Noncritical Characteristics who are popularly elected or are selected by public offi- cials, or if the entity is subject to public accountability. In addition to the essential characteristics described above, there are other common attributes that are not Dependent Agencies essential for the identification of governments. Among such noncritical attributes are geographical area, popu- A critical element in defining a government is identifying lation, taxing power, and internal uniformity of taxation the full range of its activities and dependent agencies. and services. Dependent agencies—synonymously called “subordinate agencies”—can be involved in a wide variety of activities— Most governments, but not all, serve and operate pri- school systems, universities, utilities, toll highways, hos- marily within a specific geographical area for which a pitals, etc. These agencies are often referred to as “depen- population can be determined. However, some entities dent” to emphasize the relationship between the agency having all essential characteristics of local governments and its parent government regarding the work it performs. do not possess this attribute, but at best can be associ- The standards for determining dependency are enumerated ated only with an area unrelated to a specific popula- under ‘‘Substantial Autonomy’’ above. tion concentration. An example is a special district government providing toll road and bridge facilities. Contrasting examples of the existence of dependent agen- Even those governments which can be directly associ- cies are found in New York City and Chicago. Almost all ated with a defined territory for certain purposes, such local government services in New York City are classified as as property taxation, often own and operate facilities or part of the city government (the school system, libraries, provide services on one basis or another to residents of transit, and so forth). As a result, New York City govern- adjoining territory. ment includes over 100 dependent agencies. By contrast, many of these services in Chicago are classified as func- Most governments have the authority to levy taxes. tions of independent special district governments. Again, however, this is not an essential attribute. Even for those governments that have property tax- Examples of dependent agencies in each state appear in ing powers and serve a precisely determined area, it the appropriate state descriptions of this report, under the cannot always be said that a single level of taxation heading ‘‘Subordinate Agencies and Areas.’’ and services applies throughout the area concerned. Differential taxation often occurs legally where annexa- SCOPE tion or other boundary changes place a burden of debt Types of Local Governments service on some, but not all, of the territory. Moreover, subordinate ‘‘districts’’ are sometimes provided for, with General Purpose Governments regard to particular types of improvements or govern- mental services, resulting in differences of tax level The following descriptions are intended to help readers within the total area served by the government. understand the frame from which surveys about govern- ments are drawn, and also to describe what kinds of Any of these indicators may be sufficient for meeting a organizations are being measured, when Census Bureau particular criterion, but may not be the only necessary data products about governments refer to “county,” “munic- way to meet it. Census Bureau staff evaluate whether ipality,” “township,” “special district,” or “school district.” the criteria have been met by conducting legal research Because county, municipal, and township governments to find changes in the state and local laws and, as are readily recognized and generally present no serious needed, by speaking with local officials and review- problem of classification, only limited descriptive material ing media articles regarding changes in the provision is presented for them. of local government services. Thus, by applying these criteria, governments can be identified on a consistent County Governments basis even though the criteria are not, strictly speaking, Organized county governments are found throughout the a fixed algorithm. nation, except in Connecticut, Rhode Island, the District of Columbia, and limited portions of other states where Governmental Functions certain county areas lack a distinct county government. In Whereas the courts distinguish between ‘‘governmental’’ Louisiana, the county governments are officially designated and ‘‘proprietary’’ functions in determining the liability as “parish” governments, and the “borough” governments of governments for tort claims, Census Bureau statistics in Alaska resemble county governments in other states. on governments do not make any distinction between Both are classified as county governments for Census ‘‘governmental’’ and ‘‘proprietary’’ functions. Thus, Census Bureau statistics on governments. Bureau statistics on governments include many functions For county governments, the description includes a brief or activities that are also widely performed by private explanation of the areas of the state served by county firms, if the entity in question is administered by officers government, the subclasses (if any) of county governments
Governments—Individual State Descriptions Introduction vii specified by state law, and the governing body. For states For township governments, the description includes a brief that have county areas not served by county governments, explanation of the areas of the state served by township those areas are also designated. government, the subclasses, if any, of township govern- ments specified by state law, the governing body, and the There are some cases where municipal and county govern- functions performed. ments have been consolidated or substantially merged. The composite units are counted as municipal governments in Municipal Governments Census Bureau statistics on governments. Some examples As defined for Census Bureau statistics on governments, include: the term “municipal governments” refers to political sub- • City and borough of Anchorage, Alaska divisions within which a municipal corporation has been • City and county of San Francisco, California established to provide general local government for a specific population concentration in a defined area. This • City and county of Denver, Colorado definition includes all active government units officially • Unified Government of Wyandotte County and city of designated as cities, boroughs (except in Alaska), towns Kansas City, Kansas (except in the six New England states, and in Minnesota, There also exist cities that are located outside of any New York, and Wisconsin), and villages. This concept cor- “county” area and are administering functions elsewhere responds generally to the “incorporated places” that are commonly performed by counties. This includes the cities recognized in Census Bureau reporting of population and of Baltimore and St. Louis, which are outside the areas of housing statistics, subject to an important qualification— the adjacent counties of Baltimore and St. Louis. Carson the count of municipal governments in this report excludes City, Nevada is an independent city that borders three places that are currently governmentally inactive.2 counties: Douglas, Lyon, and Washoe. In Virginia, there are Township Governments 39 independent cities that are not part of any county. For further information on county-type areas without county The term “town or township governments” is applied to governments, see Appendix A. organized governments located in the following 20 states in the Northeast and the Midwest. In states designated with Municipal and Township Governments the symbol (T), they are typically referred to as towns:3 There are two types of subcounty general purpose govern- Connecticut (T) Massachusetts (T) ments, municipalities and townships. The 35,879 sub- New Hampshire (T) Pennsylvania county general purpose governments enumerated in 2012 Illinois Michigan include 19,519 municipal governments and 16,360 town or New Jersey Rhode Island (T) township governments. These two types of governments Indiana Minnesota (T) are distinguished by both the historical circumstances sur- New York (T) South Dakota rounding their incorporation and geographic distinctions. Kansas Missouri That is, incorporated places are generally associated with North Dakota Vermont (T) municipalities, whereas townships are generally associated Maine (T) Nebraska with minor civil divisions (MCDs). As defined by the Census Ohio Wisconsin (T) Bureau, “[an] incorporated place is established to provide governmental functions for a concentration of people as Although towns in the six New England states and New opposed to a minor civil division, which generally is cre- York, and townships in New Jersey and Pennsylvania are ated to provide services or administer an area without legally termed “municipal corporations,” they perform regard necessarily to population.”1 municipal-type functions and frequently serve densely populated urban areas; they have no necessary relation For municipal governments, the description includes a brief to concentrations of population, and are thus counted for explanation of how municipal governments, as defined for Census Bureau statistics on governments as town or town- Census Bureau statistics on governments, are designated ship governments. under state law; the subclasses, if any, of municipal gov- ernments specified by state law; and the minimum popula- Excluded from this count of town or township govern- tion requirements for incorporation, if any. For states that ments are: have township governments, the description also explains whether municipal governments exist within the area of a • Unorganized township areas; governmentally active town or township.
2 For an explanation of “governmentally inactive,” please see the section “Existence as an Organized Entity” earlier in this publication. 1 U.S. Census Bureau, “Geographic Terms and Concepts—Place,” 3 However, this is not the only term. For example, in Maine they may also
• In South Dakota, 52 of 66; Because of the complexity and diversity of special district • In Wisconsin, 71 of 72; and legislation within each state and from one state to another, • In New York, town governments exist in each county more detailed descriptive material is provided for these outside of New York City. units, including method of establishment, function (if not otherwise apparent), nature and manner of selection of The area served by municipal and town or township governing body, and authorized financing methods. governments may overlap in 11 states.5 Some, but not all, municipalities in these town or township states oper-
6 4 Connecticut, Indiana, Maine, Michigan, New Hampshire, New Jersey, Massachusetts, New Jersey, Pennsylvania, Rhode Island, and Wisconsin. 7 New York, Ohio, Pennsylvania, Rhode Island, and Vermont. For more information on how an entity is defined as an independent gov- 5 Connecticut, Illinois, Indiana, Kansas, Michigan, Missouri, Minnesota, ernment, see the section “Criteria for Classifying Governments” on page v. Nebraska, New York, Ohio, and Vermont.
Governments—Individual State Descriptions Introduction ix as defined for Census Bureau statistics on governments, Special District Functions are designated under state law; the nature and manner of While special districts perform only one or a limited selection of the governing body; and authorized financing number of functions, the functions can vary widely methods. from district to district, and include many that are Dependent public school systems are part of county, performed by general purpose governments. A partial municipal, township, or state governments, and are not list of these functions is below, for context. Additional counted as school district governments. For these systems, detail is provided in each state’s description. the description includes a brief explanation of which public Air transportation (airports) school systems are classified as dependent agencies for Census Bureau statistics on governments; the nature and Cemeteries manner of selection of the governing body; and authorized Corrections financing methods. Education The subcategory ‘‘Other Educational Activities’’ covers agen- Electric power cies that perform activities related to education but do not Fire protection operate schools. Examples of other educational activities Gas supply include such entities as technical college districts, regional educational service centers, and career centers. Such agen- Health cies are not counted as school district governments, and Highways their activities are briefly described in this section. Hospitals Because of the variety of state legislative provisions for the Housing and community development administration and operation of public schools, marked Industrial development diversity is found in school organization throughout the Libraries United States. The states providing for public schools Mortgage credit solely through independent school districts numbered 30 in 2012. This independent district arrangement, which pre- Natural resources vails in most parts of the country, is practically universal in Parking facilities the West. Parks and recreation A “mixed” situation is found in 16 states, with the public Sea and inland port facilities schools that provide elementary and secondary education Sewerage operated in some areas by independent school districts Solid waste management and elsewhere by a county, municipal, town or township, or state government. In the District of Columbia and in Transit 4 states,8 there are no independent school districts; all Water supply public schools in those jurisdictions are administered by systems that are agencies of the county, municipal, or state government. School District Governments and Public School Systems Alaska, Hawaii, Louisiana, Maine, Massachusetts, New Jersey, Rhode Island, and Texas each have state dependent Of the 14,178 public school systems in the United States in public school systems. 2012, only the 12,880 that are independent school dis- tricts are included in the count of governments. The other Public school systems operating as dependent agencies 1,298 “dependent” public school systems are classified as of county governments appear predominantly in North agencies of other governments—state, county, municipal, Carolina, Tennessee, and Virginia, which contain nearly or town or township—and are not counted as separate two-thirds of all county-dependent systems. However, governments. Charter schools are not included unless they California has 57 county-dependent systems and New meet the Census Bureau’s definition of a government (see Jersey has 51. Other states with public school systems “Charter Schools” below). operating as dependent agencies of county governments are Alaska (15), Arizona (14), Maryland (38), Massachusetts The description of public school systems is subdivided into (2), Mississippi (3), New Hampshire (1), New York (28), and three parts—school district governments, dependent public Wisconsin (3). Systems associated with town or town- school systems, and other educational activities. ship governments are found only in Connecticut, Maine, Massachusetts, New Jersey, and Rhode Island. There are For school district governments, the description includes a brief explanation of how school district governments, 8 Alaska, Hawaii, Maryland, and North Carolina. x Introduction Governments—Individual State Descriptions public school systems operated by municipal governments the lists. Also, not specifically listed are state universities in each of 13 states and the District of Columbia, but in and colleges. Such institutions are consistently classified as most of these states, some other pattern predominates, state government agencies, although they possess many and only in the District of Columbia are all public schools of the attributes of independent governmental entities and operated by a municipally-dependent system. are sometimes difficult to distinguish from private non- profit institutions. The total of public school systems includes some systems that do not provide elementary-secondary or postsecond- The listings of subordinate agencies do not include bodies ary education services. There are 100 public school sys- that have been set up by interstate compacts. Such bodies tems, located in 15 separate states, that do not operate typically serve to coordinate and advise upon activities actu- schools. Instead, these “nonoperating” systems are respon- ally carried out by the participating states. However, there sible for providing transportation and paying tuition or are a few special district governments created pursuant to reimbursement to other school systems for public school interstate compacts (e.g., the Port Authority of New York students who live in their respective areas, or for providing and New Jersey) and they are counted under that category. special services to those systems that operate schools. No attempt has been made to list various kinds of areas Charter Schools established for election purposes or administration of justice, such as election precincts or districts, legislative Census Bureau statistics on governments include only districts, judicial districts, and the like, which are found by those charter schools established and administratively con- some designation in every state. trolled by another government entity (e.g., universities, cit- ies, counties, or public school systems). The data for these Tribal Governments “public charter schools” are collected as separate individual units or are included with the data for their chartering Tribal governments are recognized as sovereign nations government. Charter schools that do not meet Census under the auspices of the federal government, and there- Bureau criteria for classification as a government entity are fore do not meet the criteria of a state or local government considered “private charter schools” and are not included in as defined for Census Bureau statistics on governments. Census Bureau statistics on governments. RELATION TO OTHER CLASSIFICATIONS AND In order for a charter school to be classified as a “public LISTINGS charter school,” it must meet the same requirements as any other government. For more information on that criteria, Local Areas for Population Statistics see the section “Criteria for Classifying Governments.” The designations for certain kinds of governments—coun- ties, municipalities, townships, and towns—are the same Subordinate Agencies and Areas as those used for presenting statistics on population and Each state summary not only describes the types of other subjects. However, there is an important difference independent local governments within the state, but also between governments, as defined for this report, and the describes other units called subordinate agencies or depen- geographic areas similarly named. dent agencies. A unit is classified as a subordinate agency The counts of governments in this report reflect only oper- when it is subject by law to administrative or fiscal control ating governments, whereas some of the areas similarly by the state or by independent local governments. These designated in other statistical reports lack an organized agencies may be any number of authorities, commissions, government. Thus, the number of county governments as corporations, and other forms of organization that have shown in this report is different from county areas due to certain governmental characteristics but, nevertheless, do the fact that in some county-type areas no distinct county not fully meet the Census Bureau’s criteria for being classi- government exists. A listing of county-type areas without fied as an independent government. county governments is shown in Appendix A. The count For some of the larger subordinate agencies, the descrip- of municipal governments in this report generally corre- tion includes the method of establishment, function, nature sponds to the ‘‘incorporated places’’ that are recognized in and manner of selection of governing body, and authorized Census Bureau reporting of population and housing sta- financing methods. Also listed in each state summary are tistics. However, it excludes places that had no municipal certain geographical subdivisions, or areas established by government in operation as of June 30, 2012. law for administrative purposes, bearing designations that Those areas that are designated as ‘‘minor civil divisions’’ might appear to relate to separate governments. for population statistics are counted as municipal or town- The listings of ‘‘Subordinate Agencies and Areas’’ are ship governments only if they had a municipal or township incomplete in certain respects. For example, agencies that government in operation as of June 30, 2012. Many town- have been authorized by legislation but have never been ship areas do not have organized and operating township activated or have ceased to be active are excluded from governments.
Governments—Individual State Descriptions Introduction xi Local Education Agencies of the taxing areas in Illinois, Mississippi, and Texas are of this nature. Similarly, the townships in Iowa have such The number of public school systems shown in this volume limited discretion in the conduct of their affairs that they generally corresponds to counts of ‘‘local education agen- are classified as county government agencies rather than cies’’ in reports by state offices of education and presented as independent governments. The county-dependent public in published reports by the National Center for Education school systems in North Carolina that serve less than a Statistics, with the exception of certain administrative and countywide area are also classified as county-subordinate other education activities that do not meet Census Bureau taxing areas, and are not counted as governments. classification criteria for school district governments or dependent public school systems. In the sections of this report which describe local govern- ment structure in each state, each class of county agencies Charter Schools recognized for this report as ‘‘special taxing areas’’ is listed Only those charter schools that meet the Census Bureau’s under ‘‘Subordinate Agencies and Areas’’ and marked with definition of a government are counted as governments an asterisk (*). in Census Bureau publications. Charter schools may be considered subordinate agencies of other governments, SOURCES OF DATA such as those run by public universities or municipalities, Review of Legislation in which case their data would be included with their par- ent government. Otherwise, if they are run by a private The information in this report is based upon an analysis of organization, they are considered to be private and are not legal provisions controlling the existence of local govern- included in Census Bureau statistics on governments. ments in the various states as of the end of June 2012. The laws governing the existence or establishment of local Taxing Areas government entities were first researched in detail for the planned 1952 Census of Governments. For each successive The count of governments reported in this volume may census, the legislation has been reviewed to update and differ materially from the number of ‘‘taxing units’’ or ‘‘tax- verify the research of previous years. ing areas’’ as reported by official agencies in some states. Reasons for this difference include: The legislative review conducted for the 2012 Census of Governments covered general and special session laws Not all special district governments, as counted in this pertaining to governmental structure that were passed by report, are legally authorized to levy taxes, and those state legislatures between 2007 and 2012. Much of the without such power would be properly excluded from text included in these descriptions is cited directly from any list of taxing units; and/or the law authorizing the entity. As a result, the reader may In some states, there are legal provisions for subordi- notice some grammatical discrepancies. For example, a law nate ‘‘districts’’ of counties or of other types of govern- in one state authorizing a special district may capitalize the ments within which supplementary property taxes can word “Governor,” but another law may reference “gover- be imposed to finance particular types of improvements nor.” For a list of the state laws used in this text, please or governmental services. In such instances, the number refer to Appendix D. The existing state descriptions were of taxing areas would exceed the number of govern- revised as necessary and then sent to political scientists or ments as defined for this report. public officials in each state for their review. The individu- als who reviewed this material are listed in Appendix C. County-Subordinate Taxing Areas Governments Master Address File In many states, county governments are authorized by law to establish taxing areas to provide specific improvements The Governments Master Address File (GMAF) is updated or services within a defined area that individually serves a continuously to add newly established units that meet portion rather than all of a county and to levy a tax on the Census Bureau criteria for independent governments, assessed value of the property within the area to pay for and to delete dissolved or inactive units. A governmental such improvements or services. These county subordinate unit is considered inactive if it has no activity, receives no taxing areas are not counted as separate governments. revenue, and has no officers currently. The preliminary counts of governments released in August 2012 resulted In numerous instances, these special taxing areas have from a survey of all cities, counties, townships, and special been developed to supply urban-type services (such as districts in the United States. The method of collection water or sewer facilities, fire protection, streets, or street of school districts is detailed below in the description of lighting) for unincorporated urban fringe portions of partic- Public School Systems. ular counties. However, a similar subcounty mechanism is also used in some states to provide services to rural areas, The Government Units Survey (GUS) obtained information particularly for road construction and maintenance; many from each governmental unit reflecting the government’s status as of October 11, 2011. The information collected xii Introduction Governments—Individual State Descriptions on the form included the status of the governments on the LIMITATIONS OF DATA survey reference date, activities and functions of the gov- Surveys are subject to two types of error, sampling error ernment, and basic financial information to yield an esti- and nonsampling error. Because the Census of Governments mate of the size of the governmental unit. Governments covers all governments, there is no sampling error. However, receiving the GUS form could choose to return their infor- the data in this report are subject to nonsampling error, mation either via mail or the GUS Web instrument. The data which includes all other sources of survey error such as non- obtained from the GUS were further verified and updated response, incorrect reporting, coverage, misclassification of until September 2013. These final counts reflect the num- governments, and inaccurate coding of data. ber of governments in scope for the final component of the 2012 Census, the Finance component. These final counts A variety of procedures were applied to keep nonsampling reflect counts of governments as of June 30, 2012. errors to a minimum, including the following:
The GMAF is further refined on the basis of information • Review of state legislation for all GUS responses that obtained through various annual surveys and censuses, as indicated that they were no longer a government. well as through research and communication with state gov- • Review of secondary sources. ernments to obtain listings of special purpose governments, • Reviews of lists of governments supplied by the states, names of associations, and contact information for the state when available. offices that oversee the activity of the special districts. • Use of advance and reminder notice cards and letters General Purpose Governments for the GUS. The universe list of county, municipal, and township • Extensive research on addresses for Undeliverable as governments is continuously updated as these units of Addressed units and others lacking adequate contact governments become established, dissolved, or reorga- information. nized. Decisions to add or delete a county, municipal, or • Nonresponse follow-up efforts to encourage response. township governments are made on the basis of informa- The final response rate for the GUS was 75.0 percent with tion obtained through the annual Boundary and Annexation 38.4 percent of the responding units responding via the Survey, which is conducted by the Census Bureau’s Web, 57.5 percent responding via paper, and 4.2 percent Geography Division. These units were included in the 2011 responding via some other means. GUS and received a GUS form. INTERAREA COMPARISONS Special District Governments Use caution in attempting to draw conclusions from direct The process of updating the universe list of special district interstate or intergovernmental comparisons of the number governments involves several steps as follows: of governments by type. Such comparisons should take • Review of state legislation creating or authorizing vari- into account the diversity of responsibilities for various ous types of special district governments. functions among different governments. In some states, • Review of published federal, state, and private sources county or municipal governments may perform functions that list special district governments. that are performed by school district or special district governments elsewhere. • Frequent contact with state and local officials. • Review of state and local taxation materials as they Even within the same state, one may observe marked relate to special districts with the power to levy taxes. diversity in the scope of functions performed by indi- vidual governments or governments of a particular type. • Review of election results as they relate to the universe In California, for example, transit service may be operated of special districts. by county or municipal governments in some localities and Public School Systems by special district governments elsewhere. Some individual municipal governments operate in effect as composite city The universe list of public school systems, including both county units. See Appendix A for a list of city-county gov- independent school district governments and dependent ernments counted as municipal governments. school systems, is updated using directory files of local education agencies maintained by the U.S. Department In most states, the administration of local public elemen- of Education, National Center for Education Statistics. tary and secondary schools is by independent school Discrepancies between the various files are examined and districts. In many instances, however, including several of the GMAF is revised as necessary following Census Bureau the largest cities, the school system is part of the county, classification criteria. In addition the GMAF is updated municipal, or town or township government. Furthermore, based on information obtained directly from various state the residents of a particular governmental jurisdiction, or education agencies. These units were included in the 2012 even an entire county, might not be the only beneficiaries preliminary census counts. of local government operations in the area. For example,
Governments—Individual State Descriptions Introduction xiii public hospitals or solid waste processing facilities located in one county area may provide service to a wide area.
AVAILABILITY OF DATA This report will also be available in electronic form at
xiv Introduction Governments—Individual State Descriptions Alabama
Alabama ranks twenty-seventh among the states in num- Dependent Public School Systems (0) ber of local governments with 1,208 active as of June 30, Alabama has no dependent public school systems. 2012. Other Educational Activities COUNTY GOVERNMENTS (67) Alabama statutes authorize certain local bodies or areas for There are no areas in Alabama lacking county government. school administration or finance that are not treated, for The county governing body is called the county commis- Census Bureau purposes, as separate units of government. sion. Home rule powers may be granted by amendment to These include the school boards of trustees, which are the state constitution. primarily advisory boards appointed by the county boards SUBCOUNTY GENERAL PURPOSE of education. Also, school tax districts are geographical GOVERNMENTS (461) areas designated by the county boards of education for the levy of school taxes. Special school districts are geographi- Municipal Governments (461) cal taxing areas, created by county boards of education, to provide school buildings. Municipal governments in Alabama are the cities (munici- palities having 2,000 or more inhabitants) and the towns SPECIAL DISTRICT GOVERNMENTS (548) (smaller municipalities). The minimum population require- ment for incorporation is 300. Alabama statutes authorize the creation of a variety of special districts or authorities that are counted as govern- Alabama cities are classified by population size: ments for Census Bureau purposes. These are discussed in • Class 1—300,000 or more inhabitants detail below. • Class 2—175,000 to 299,999 inhabitants Airport Authorities and Airport and Industrial • Class 3—100,000 to 174,999 inhabitants Authorities • Class 4—50,000 to 99,999 inhabitants An airport authority or airport and industrial authority may • Class 5—25,000 to 49,999 inhabitants be established by resolution of the governing body of one or • Class 6—12,000 to 24,999 inhabitants more counties, cities, or towns upon the filing of an applica- tion for incorporation by three or more persons. The authori- • Class 7—6,000 to 11,999 inhabitants ties are administered by boards of directors appointed by • Class 8—fewer than 6,000 inhabitants the establishing governments. The authority may fix and collect fees for services and may issue revenue bonds. Township Governments (0) Alabama has no township governments. Alabama Gulf Coast Convention and Visitors Bureau PUBLIC SCHOOL SYSTEMS (132) Established to promote tourism and conventions, the Alabama Gulf Coast Convention and Visitors Bureau was School District Governments (132) created by a special act of the state legislature. A board The following types of school districts in Alabama are of directors consisting of one member appointed by each counted as separate governments for Census Bureau incorporated municipality within the taxing district gov- purposes: erns the bureau. The bureau may receive the proceeds of a lodging tax. • County boards of education • City boards of education Alabama Municipal Electric Authority Popularly elected county boards of education administer all This authority was authorized by 1981 legislation to local schools except those for cities with a population of acquire, build, operate, and maintain facilities for the gener- 5,000 or more. These cities may choose to maintain a sepa- ation, transmission, and distribution of bulk electric power. rate city school district. In such cases, the city governing It was formed by resolution of member cities and towns body appoints the board of education; however, class 4 cit- after application of the designated representatives of each ies have the option of an elected board with voter approval. member city or town to the Secretary of State. The authority
Governments—Individual State Descriptions Alabama 1 is governed by a board of nine directors who are appointed each district. The districts may levy user charges with voter by an election committee composed of one representative approval and may issue revenue bonds. from each member city or town. The authority may fix and Districts with boards representing a single government collect fees for power and may issue revenue bonds. are not considered to be independent governments for Anniston Water and Sewer Board Census Bureau purposes. See “Subordinate Agencies and Areas” below. This board was established by application of three or more persons to the municipal governing body, after resolu- Development Authorities tion to provide water and sewer utilities for the City of These authorities are authorized by substantially similar Anniston. The utility board consists of directors appointed special acts for the purpose of watershed development. by the municipal governing body. The board may fix and They are formed by application of board members to the collect fees and issue revenue bonds. Secretary of State. Each is governed by a board of direc- Other municipal utility boards are not counted as sepa- tors either appointed by the participating governments or rate governments for Census Bureau purposes. See nominated by the participating governments and appointed “Subordinate Agencies and Areas” below. by the Governor, and, for both variations, one member appointed directly by the Governor. Development authori- Bear Creek Water Works Board ties may fix and collect rentals and fees and may issue The Bear Creek Water Works Board was established to revenue bonds. provide water to Bear Creek. The board may set its own Fire Districts in Mobile County fees and charges and acquire property. The city council appoints the board. Similar agencies in other localities are A 1990 special act permits fire districts in Mobile County not counted as governments for Census Bureau purposes. to be established after petition of property owners to the See “Subordinate Agencies and Areas” below. county probate judge, and after a referendum. A board of five trustees, elected by the property owners, governs each Birmingham-Jefferson County Civic Center district. The districts may impose fees and special assess- Authority ments and issue bonds. This authority was authorized by a 1980 special act to Franklin County Water Service Authority establish and operate a civic center. It is governed by an 11-member board consisting of the mayor of Birmingham, This district was created pursuant to a constitutional the chair of the Jefferson County commission, five state amendment with the filing of the articles of incorporation senators, and four state representatives. The authority may with the judge of probate by three applicants to provide issue revenue bonds payable from the proceeds of rent- water utilities. A board of nine directors governs this als and from the proceeds of earmarked room occupancy, authority. The authority may fix and collect fees and may cigarette, and tobacco taxes. issue revenue bonds.
Capital Improvement Cooperative Districts Gas Districts These districts provide for cooperation on various develop- Districts for acquiring, constructing, and operating gas ment projects within counties, municipalities, and other transmission and distribution systems may be organized like public corporations. The districts are created upon by any two or more municipalities upon the passage of application of at least three natural persons to the govern- resolutions. Each participating municipality selects at least ing body of each county, municipality, and public corpora- one representative on the district board of directors. The tion proposed to be a member of the proposed district. board may issue revenue bonds of the district, establish The members must pass resolutions approving the applica- rates for gas service, and enforce collection of these rates. tion. A board of directors, appointed by the participating The participating municipalities share in the distribution of governing bodies, governs the district. The districts may the district profits. issue revenue bonds, as well as charge rents and fees. The participating governments may issue bonds on the behalf Health Care Authorities—1982 law of these districts. These authorities provide and operate hospital and health care facilities. They may be formed upon application of Communications Districts three persons to, and resolution by, the governing body of Two or more counties or municipalities may pass resolu- any county, municipality, or state public college or uni- tions or ordinances to form a communications district to versity that operates a school of medicine. The applicants provide emergency telephone services. A board of commis- must file a certificate of incorporation with the office of the sioners, appointed by the creating governments, governs county judge of probate. The certificate of incorporation
2 Alabama Governments—Individual State Descriptions specifies the composition and manner of appointment for Housing Authorities the governing board of directors. The authority may fix Four types of housing authorities are authorized to under- charges and issue revenue bonds. The authorities may take redevelopment projects and provide assisted hous- receive the proceeds of tax levies imposed by the state or a ing. An individual county (or municipality) may establish county or municipal government. a housing authority through resolution of its governing These authorities may be designated as county hospital body; two or more municipalities may jointly establish a corporations by resolution of the county commission after consolidated housing authority; or two or more contiguous voter approval. County hospital corporations receive a spe- counties may jointly establish a regional housing author- cial tax to support public hospital facilities. Existing public ity. The city mayor, town president, or county commission hospital corporations may reincorporate under this law. appoints the board members. The authorities may issue revenue bonds and may establish and collect fees for use Hospital Associations, Boards, and of authority facilities. Corporations The Mowa Choctaw Housing Authority was created by Public hospital associations and county hospital boards special act to serve Indian areas in Mobile and Washington construct and operate hospitals. The associations are counties. The governing board is appointed by the Mowa established by resolution or ordinance of one or more Choctaw Tribal Council. The authority may set rents and local governing bodies located in the same or contiguous issue bonds. counties, after a public hearing. County hospital boards are established by resolution of the county governing body Huntsville-Madison County Marina and Port upon written application of three or more persons who are Authority—1971 Special Act qualified voters and property owners. For both associations This authority was created by a special act for the purpose and boards, a certificate of incorporation is filed with the of constructing, leasing, operating, and maintaining mari- secretary of state. Each entity is governed by a board of nas, ports, warehouses, and industrial buildings. A board directors appointed by the participating governing bodies. of directors composed of two members appointed by the The entities may fix fees for services and issue bonds. county, two members appointed by each of the participat- The above associations and boards may be designated as ing governments, and one member jointly appointed by county hospital corporations by resolution of the county all of the authorizing subdivisions governs each authority. commission after voter approval. County hospital corpo- The authority may fix and collect fees and rents and issue rations receive a special tax to support public hospital revenue bonds. facilities. Improvement Authorities Hospital Authorities—1975 law Improvement authorities supply electricity, gas, water, Hospital authorities acquire and operate hospitals and sewerage, or telephone service. They may be established in other health-related facilities. The authorities are estab- any city or town or in an unincorporated area having 250 lished by joint resolutions of any county and any one or more voters. An authority is formed upon voter peti- or more municipalities located therein. An authority is tion to the municipal clerk or the county probate judge (in governed by a board of directors composed of the fol- unincorporated areas), referendum, and local government lowing members: two members appointed by the county; resolution. Authorities are governed by boards of trustees two members appointed by the largest municipality; one appointed as follows: in municipalities, by the municipal member appointed by each of the other municipalities; two governing body; in unincorporated areas within a single members who are physicians and are selected by the physi- county, by the county governing body; and in multi-county cians in the county; two members appointed jointly by the unincorporated areas, by the Governor. Improvement circuit judges; and two members appointed by the central authorities may issue bonds and fix charges for services. labor council in any county where a central labor council is located. An authority may fix and collect charges and issue Industrial Development Authorities revenue bonds. An authority also may receive the proceeds These authorities may be established by application of at of a tax for hospital purposes levied by participating coun- least three natural persons filed with the probate judge and ties or cities. resolution of the applicable counties. Each authority may Public hospital and health authorities are also established include one to not more than five contiguous counties. under special acts applying to counties within specified The articles of incorporation specify the composition and population-size groups. These authorities have similar method of selection for the governing board of directors, financial provisions, although the composition of the gov- except the board must conform to rules specified in the erning body may vary. authorizing law.
Governments—Individual State Descriptions Alabama 3 Industrial development authorities created by one county of directors are appointed by the county governing body under general law are not counted as separate govern- and two by the governing body of the municipality; a fifth ments for Census Bureau purposes. See “Subordinate member is appointed jointly by the city and the county. Agencies and Areas” below. Port authorities may fix and collect service charges and issue revenue bonds. Joint Hospital Boards Public Corporations for Fire Fighting and These boards provide and operate public hospital facilities. Prevention and Emergency Services in Shelby The boards may be established upon application of three County or more voters to the governing bodies of the county and of a municipality in the county, and resolution of these These corporations are established after a petition of vot- governments. A governing board of directors is appointed ers to the county probate judge followed by a referendum. by the participating governments. The boards may fix rates A board of five to nine trustees elected by the members for services and issue revenue bonds. governs each corporation. A corporation may issue revenue bonds and, with voter approval, has the power to fix and These authorities may be designated as county hospital collect fees and dues. corporations by resolution of the county commission after voter approval. County hospital corporations receive a spe- Public Park Authorities cial tax to support public hospital facilities. These authorities are created by the resolutions of the McClellan Development Authority governing bodies of two or more counties or municipalities after application by three or more natural persons. A certifi- A 2009 special act created this authority to redevelop a cate of incorporation is filed with the county probate judge. former military base. The authority is governed by a board The composition and selection of the board are specified in of directors consisting of five members appointed by the the agreement. The authorities may fix and collect fees and governing body of Calhoun County, five by the city coun- may issue revenue bonds. cil for Anniston, and one by the Governor. The authority may receive revenues in connection with its properties and Public Service Districts in Baldwin County issue bonds. These districts are created for fire fighting and prevention. Northeast Mississippi-Northwest Alabama They may be created in any area within Baldwin County Railroad Authority outside its municipalities. The districts are created after petition and voter approval. The voters must approve the This authority was formed by interstate compact to pro- levy of a service charge (property tax) and bond issues. mote and develop trade, commerce, industry, and employ- The board of trustees consists of nine members appointed ment opportunities for the public good and welfare in by the county governing body. northeast Mississippi and northwest Alabama. The board of directors includes the mayors of Belmont, Mississippi, and Railroad Authorities Red Bay, Alabama, and citizens appointed by these mayors. The authority may fix and collect fees and issue bonds. These authorities may be organized upon the application of three persons with the governing bodies of one or more Park and Recreation Authorities counties or municipalities within the state in which there are located railroad properties and facilities. Each govern- These authorities are created upon the filing of the articles ment must adopt a resolution approving the application. of incorporation by three natural persons with the probate A board of directors appointed by the participating gov- judge and resolution of the county of incorporation and ernments governs each authority. The authorities may fix participating municipalities. The composition and selec- and collect tolls, rates, rents, and charges and may issue tion of the board of directors are specified in the articles of revenue bonds. incorporation. The authorities may fix and collect fees and may issue bonds. Regional Jail Authorities Port Authorities—1980 law These authorities are established upon agreement of two or more counties to construct or acquire, and maintain a A 1980 law provides for the creation of port authorities to regional jail. Each authority is governed by a board com- develop waterfront property for agricultural, commercial, posed of two county appointees from the most populous recreational, and transportation purposes. Port authorities county; one from each additional county; and, ex officio, are established by an application of three or more persons the county sheriffs. Authorities may fix and collect fees, to the governing bodies of the county and any municipali- issue bonds and, with the approval of counties, have taxes ties to be served after approval by those bodies and by set and collected. In addition, the Vestavia Hills, Mountain the state docks department. Two members of the board Brook, and Homewood Regional Jail Authority was created
4 Alabama Governments—Individual State Descriptions by special act in 2006. The authority will construct and Such authorities are established by resolution of the county operate a regional jail. The authority is governed by rep- governing body upon application of three or more natural resentatives appointed by the participating municipalities. persons. Each authority is governed by a board of direc- The authority may issue bonds. tors appointed by the governing body of the authorizing county. The boards may fix and collect fees and issue Regional Mental Health Boards revenue bonds.
Boards of this type, sometimes called mental health and Districts formed under the 1970 law may provide water, mental retardation authorities, construct and operate facili- sewer, solid waste disposal, or fire protection services. ties and carry out programs. These boards may be formed Such a district is established by resolution of each county upon application of three or more persons to the governing and municipal governing body located within the area to bodies of the counties or the cities to be served. The gov- be served on application of three or more natural persons. ernments must pass resolutions approving the application. Districts formed under this law are governed by a board of A board of nine or more directors, appointed by the gov- directors appointed by the authorizing governments. The ernments represented, governs each authority. The authori- board may fix and collect fees and issue revenue bonds. ties may set fees for services and issue revenue bonds. In addition, solid waste authorities have been authorized Soil and Water Conservation Districts in counties within specified population-size groups. The provisions for these authorities are similar to those for These districts may be formed by the state soil and water authorities established under the 1970 law. conservation committee upon petition of landowners in the area of the proposed district after a public hearing and SUBORDINATE AGENCIES AND AREAS landowner referendum. Districts so formed are governed by boards of supervisors appointed by the state soil and Shown below are various governmental designations in water conservation committee. These districts may accept Alabama that have certain characteristics of governmental aid and contributions from the state or federal govern- units, but which are classified in Census Bureau statistics ments and may require contributions from landowners for as subordinate agencies of the state or local governments services rendered. and are not counted as separate governments. Legal provi- sions for some of the larger of these are discussed below Watershed conservancy districts may be created by a soil (see “Public School Systems” above regarding educational and water conservation district upon landowner petition agencies of this nature). and referendum. The districts are governed by separate boards elected by the landowners and may issue bonds Alabama Highway Authority and Alabama Federal with voter approval. The districts act under the supervi- Aid Highway Finance Authority (state)—These authori- sion of the creating soil and water conservation districts ties were authorized by act of the legislature to finance the and are not counted as separate governments for Census construction of state highways. Each is administered by Bureau purposes. the director of finance, the director of transportation, the attorney general, the state treasurer, and the executive sec- Tourism Board of Lauderdale County retary to the Governor acting as a corporation. The authori- ties may issue bonds payable from the proceeds of federal This board was created by special act. Lauderdale County interstate highway funds and motor vehicle license and and the city of Florence appoint the board. The entity registration fees. The Alabama Highway Authority also may receives a portion of the state lodging tax. pay bonds from the proceeds of a state gasoline tax. The Tuscaloosa County Parking and Transit Alabama Federal Aid Highway Finance Authority also may Authority pay bonds from state gasoline and motor fuel excise taxes. This authority was authorized by a 1971 special act. It was Alabama Housing Finance Authority (state)—This established upon application of residents to, and resolu- authority, authorized by act of the state legislature, was tion of, Tuscaloosa County and the city of Tuscaloosa. It created to provide mortgage credit for low- and moderate- is administered by boards of directors appointed by the income housing. The authority is governed by a board governing bodies of the county and city. The authority may consisting of members appointed by the Governor; appoin- fix and collect fees and issue revenue bonds. tees by the speaker of the house and the lieutenant gover- nor; and the director of finance, the state treasurer, and the Water, Sewer, and Fire Protection superintendent of banks. The authority may fix charges in Authorities—1965 Law and Water, Sewer, connection with its loans and may issue revenue bonds. Solid Waste Disposal, and Fire Protection Alabama Public School and College Authority Districts—1970 Law (state)—This authority was authorized by act of the state Authorities formed under the 1965 law may furnish water, legislature to finance the construction, improvement, and sewer, or fire protection facilities or combinations thereof.
Governments—Individual State Descriptions Alabama 5 equipment of public educational facilities. It is adminis- Garrett Coliseum Redevelopment Corporation tered by the Governor, the director of finance, and the Governor’s Mansion Authority state superintendent of education. The authority may issue Gulf State Park Authority bonds payable from specified portions of the sales tax. Historic Blakeley Authority Other examples include: Historical preservation authorities State Legislative Building Authority
Alabama 21st Century Authority Motor Sports Hall of Fame Commission Alabama Agricultural Development Authority North Alabama Agriplex Board Alabama Agricultural Museum Board Private Colleges and Universities Facilities Authority Alabama Building Commission Red Mountain Greenway and Recreational Area Commission Alabama Building Renovation Finance Authority Southern Products Mart Authority Alabama Corrections Institution Finance Authority State Forestry Commission Alabama Drinking Water Finance Authority Tennessee Valley Exhibit Commission Alabama Education Foundation for Kindergarten through Tombigbee Valley Development Authority Grade Twelve Public Schools Tuskegee Airmen Commission Alabama Educational Television Commission USS Alabama Battleship Commission Alabama Educational Television Foundation Authority Water Pollution Control Authority Alabama Forensic Sciences Bond Authority Watershed management authorities
Alabama Higher Education Equipment Loan Authority County Alabama Highway Finance Corporation Alabama Regional Communications System Alabama Historic Ironworks Commission (formerly Bullock County Development Authority Tannehill Furnace and Foundry Commission) Civic center corporations (counties with a population of Alabama Incentives Financing Authority more than 500,000) Alabama Industrial Access Road and Bridge Corporation Communications districts (emergency) (single county) Alabama Judicial Building Authority County boards of health Alabama Land Bank Authority DeKalb County Water Authority Alabama Land Recycling Finance Authority Drainage districts and subdistricts Alabama Mental Health Finance Authority Drainage districts for malaria control (Colbert County) Alabama Music Hall of Fame Authority Etowah County Civic Center Authority Alabama Pollution Control Finance Authority Fayette County Water Coordinating and Fire Prevention Alabama Port Authority Authority Alabama Public Health Finance Authority Fire and emergency medical services districts (Blount Alabama Revolving Loan Fund Authority County) Alabama Shakespeare Festival Theatre Finance Authority Fire districts (Limestone and Madison Counties) Alabama Space Science Exhibit Finance Authority Governmental utility services corporations (county) Alabama State Industrial Development Authority Improvement districts (county) Alabama State Parking Deck Authority Industrial development authorities created under general Alabama Supercomputer Authority law (single county) Alabama Toll Road, Bridge, and Tunnel Authority Industrial development boards Ameraport Offshore Harbor and Terminal Commission Industrial development authorities created by special acts Cahaba Trace Commission Jackson County Racing Commission Coosa Valley Development Authority Jackson County Water Authority Community development commissions Joint Public Charity Hospital Board Cullman County Community Development Commission Lamar County Water Coordinating and Fire Prevention Environmental improvement authorities Authority Farmers’ Market Authority Marion County Agriculture and Exhibit Center Authority
6 Alabama Governments—Individual State Descriptions Marion County Public Water Authority Parking authorities (class 2 municipalities) Mobile Dog Racing Commission Pastime Theater Board (City of Winfield) Public building authorities (county) Public building authorities (municipal) Public park and recreation boards (county) Public educational building authorities Regional libraries (joint county) Public hospital corporations Service districts (Shelby County) Public library (building) authorities Solid waste disposal authorities—1980 law (county) Public park authorities State products mart and coliseum authorities Public park and recreation boards (municipal) Tax increment districts (county) Public transportation authorities (class 3 municipalities) Washington County Port Authority St. Stephens Historical Commission
Municipal Self-help business improvement districts Solid waste disposal authorities—1980 law (municipal) Birmingham Racing Commission Special health care facility authorities City of Jackson Port Authority Stock law districts (areas for enforcement of livestock Commercial development authorities ordinances) Communications districts (emergency) (single municipality) Tax increment districts (municipal) Downtown redevelopment authorities Tourism promotion development districts Florence Civic Center Authority Water and sewer boards Governmental utility services corporations (municipal) Waterworks and sewer boards Historic districts (cities with population between 100,000 Waterworks utility boards and 200,000) Hospital building authorities Joint City-County Improvement districts (municipal) Choctaw County Medical Scholarship Board Industrial development boards (municipal) Federal building authorities
Medical clinic boards (building) Alabama laws also provide for various types of local areas Municipal utility boards—1951 law (except in Anniston) for election purposes and administration of justice.
Governments—Individual State Descriptions Alabama 7 Alaska
Alaska ranks forty-eighth among the states in number of SUBBOROUGH GENERAL PURPOSE local governments with 177 active as of June 30, 2012. GOVERNMENTS (148)
BOROUGH GOVERNMENTS (14) Municipal Governments (148) The state of Alaska is covered by borough governments City-borough consolidated governments are classified as (similar to county governments in other states), consoli- municipal governments in Census Bureau statistics. There dated city-borough governments, and one unorganized are four consolidated city-borough governments in Alaska: borough. None of these cross borders. Only the organized Anchorage, Juneau, Sitka, and Wrangell. These entities exist boroughs are counted in Census Bureau statistics as bor- outside of other borough governments and the unincorpo- ough governments. The consolidated city-borough gov- rated borough. ernments are counted as municipal governments, rather Cities in Alaska are also classified as municipal govern- than as borough governments. The unorganized borough ments. Cities may exist either inside or outside the bound- consists of all areas of the state outside of the boundaries aries of organized boroughs. First-class cities are those of the organized boroughs or consolidated city-boroughs. with 400 or more permanent inhabitants and that elect to The borough governments in Alaska are classified, accord- become cities of the first class. First-class cities may elect ing to their governmental powers, as first-class or second- a home-rule charter. All other cities are second-class cities. class boroughs, and home rule boroughs. Each borough is There is no statutory minimum population requirement for administered by a borough assembly. incorporation, but the proposed city must have both the resources to provide government and a demonstrated need. For purposes of population statistics, the state is divided in terms of “county equivalents.” Each area served by a bor- Alaska statutes refer to boroughs as municipalities, but ough or consolidated city-borough government constitutes these are not counted as municipalities in Census Bureau a separate county equivalent. In addition, the unorganized statistics (see “Borough Governments” above). borough is divided into 11 Census areas, each of which is classified as a county equivalent. Township Governments (0)
Alaska Native Regional Corporations conduct the busi- Alaska has no township governments. ness and nonprofit affairs of Alaska Natives. They were PUBLIC SCHOOL SYSTEMS (54) established under a federal law, the Alaska Native Claims Settlement Act. Twelve regional corporations that cover the School District Governments (0) entire state, except for the Annette Islands Reserve, which is an American Indian reservation. A thirteenth regional Alaska has no independent school district governments. corporation was established for Alaska Natives who are Dependent Public School Systems (54) not permanent residents of the state and who have not enrolled in one of the other 12 regional corporations. Alaska statutes provide for the following types of depen- These corporate entities are not counted as governments dent public school systems: for Census Bureau purposes. Systems dependent on borough governments (15): Alaska Native Villages are tribes, bands, clans, groups, • Borough school districts (in organized boroughs) villages, communities, or associations in Alaska that are recognized under the Alaska Native Claims Settlement Act. • Ilisagvik College Corporation1 Alaska Native Villages do not cross Alaska Native Regional Systems dependent on municipal governments (20): Corporation boundaries. These entities are not counted as governments for Census Bureau purposes. • City school districts (in first-class cities in the unorganized borough)
Systems dependent on the state government (19):
• Regional educational attendance area (in the unorganized borough)
8 Alaska Governments—Individual State Descriptions The borough and city school districts serve students in Regional Native Housing Authorities organized areas. These districts are administered by popu- State law created a regional native housing authority for larly elected boards; however, they depend on the general each named native association. The authorities are acti- purpose government for access to local tax revenue. The vated by resolution of the native association. The native borough and city school districts are classified as depen- association appoints a board of commissioners to govern dent agencies of the government served and are not the authority. The authorities may fix rentals and issue counted as separate governments. revenue bonds. The regional education attendance areas serve students in second-class cities outside organized boroughs, where Regional Solid Waste Management Authorities no local governments exist to collect school taxes. These These authorities may be created by one or more boroughs entities have popularly elected boards. These districts are or municipalities by ordinance. The composition of and financially dependent on the state and are not counted as method of selection for the governing board are specified separate governments. in the creating ordinance. The authorities may set fees and issue revenue bonds. Other Educational Activities Community colleges are administered by the University of SUBORDINATE AGENCIES AND AREAS Alaska. They are financed jointly by the state government Shown below are various government designations in Alaska and the local public school system. The community col- that have certain characteristics of governmental units, but leges are not counted as separate governments. which are classified in Census Bureau statistics as subor- The regional resource centers in Alaska are established by dinate agencies of the state or local governments and are agreement between participating public school systems. A not counted as separate governments. Legal provisions for board consisting of one representative of each participat- some of the larger of these are discussed below (see “Public ing system governs each center. Regional resource cen- School Systems” above, regarding educational agencies of ters are classified as joint educational service agencies of this nature). participating public school systems and are not counted as Alaska Housing Finance Corporation (state)—This cor- separate governments. poration, authorized by act of the legislature, was created The Special Education Service Agency was created by an to provide mortgage credit for low and moderate income act of the state legislature to provide special education housing. The corporation consists of a board of seven services throughout the state. The agency is classified as directors, four of whom are appointed by the Governor, as a state dependent agency and is not counted as a separate well as the commissioner of revenue, the commissioner government. of commerce, community, and economic development, and the commissioner of health and social services, who SPECIAL DISTRICT GOVERNMENTS (15) serve in an ex officio capacity. The corporation may collect charges and fees in connection with the loans it makes and Alaska statutes authorize the creation of districts or author- may issue revenue bonds. ities that are counted as governments. These are discussed in detail below. Alaska Industrial Development and Export Authority (state)—This authority was created by act of the legis- Joint Action Agencies lature to assist in the financing of industrial, export, and Joint action agencies to provide electric power may be business enterprises. The authority board consists of the formed by two or more public utilities. They are governed commissioner of commerce, community, and economic by a board jointly appointed by member utilities. The development and the commissioner of revenue, who agencies may set rates and charges in connection with serve in an ex officio capacity, plus three public members their projects. The agencies may ask the Alaska Industrial appointed by the Governor. The authority may fix rentals Development and Export Authority to issue revenue bonds and issue revenue bonds. on their behalf. Alaska Natural Resource Conservation and Development Board, and soil and water conservation Regional Electrical Authorities districts (state)—This board was created by an act of the State law authorizes the creation of regional electrical legislature. The board consists of five members, selected authorities by named native associations. The authorities from the five major land areas of the state, appointed by are activated by resolution of the native association. The the Governor and confirmed by a majority of the legis- native association appoints a board of commissioners to lature. The commissioner of the department of natural govern the authority. The authorities may fix rates, fees, resources is a nonvoting member who serves in ex officio rentals, and other charges, and may issue revenue bonds. capacity. The commissioner may receive state and federal contributions for use in carrying out the purposes of the
Governments—Individual State Descriptions Alaska 9 board. Soil and water conservation districts are created by Borough the commissioner upon petition of land users after public Historical districts (borough) hearing. A board of five elected supervisors governs each district. The commissioner may delegate such powers to Port authorities (borough) the districts as deemed necessary. Service area boards (borough)
Other examples include: Special assessment districts (borough)
State Municipal
Alaska Aerospace Corporation (formerly Alaska Aerospace Historical districts (municipal) Development Corporation) Port authorities (municipal) Alaska Energy Authority Service areas boards (consolidated city-borough) Alaska Medical Facility Authority Special assessment districts (municipal)
Alaska Municipal Bond Bank Authority Borough-Municipal Alaska Natural Gas Development Authority Port authorities Alaska Railroad Corporation Alaska Student Loan Corporation Alaska laws also provide for various types of local areas for election purposes and for administration of justice. Grazing districts 1 The Ilisagvik College Corporation was established by the Health units and districts North Slope Borough in 1995 to govern Illisagvik College, a 2-year Knik Arm Bridge and Toll Authority tribal college. Regional resource development authorities Service areas in the unorganized borough
10 Alaska Governments—Individual State Descriptions Arizona
Arizona ranks thirty-eighth among the states in number of Dependent Public School Systems (14) local governments with 674 active as of June 30, 2012. Arizona statutes authorize the following type of dependent COUNTY GOVERNMENTS (15) public school systems: County accommodation schools There are no areas in Arizona lacking county government. Two types of county accommodation schools exist. The The county governing body is called the board of supervi- first type provides education on military reservations after sors. A 1992 constitutional amendment authorizes home petition to the state board of education by either the exist- rule in counties with more than 500,000 persons, upon ing school district’s governing body that serves the area petition and after a referendum. or the authorities of the military reservation and after a public hearing. The governing body of this type of accom- SUBCOUNTY GENERAL PURPOSE modation school consists of two members appointed by GOVERNMENTS (91) the county superintendent of the school district that had previously served the area, two members appointed by the Municipal Governments (91) commanding officer of the military reservation, plus one Municipal governments in Arizona include cities and towns. additional member selected by the county accommodation The minimum population requirement for incorporation is school’s governing board within 30 days of the appoint- 1,500. Municipalities may also be incorporated in a com- ment of its fourth member. The second type of accommo- munity within ten miles of the boundary of a national park dation schools may be established by the county super- or monument that contains a population of 500 or more intendent to provide education to homeless children or residents. The state constitution permits municipalities alternative education programs. This type of accommoda- with 3,500 persons or more to frame their own charters, tion school is supervised by the county superintendent of upon petition and after a referendum. schools. County accommodation schools are not counted as separate governments in Census Bureau statistics on Township Governments (0) governments.
Arizona has no township governments. Other Educational Activities
PUBLIC SCHOOL SYSTEMS (256) County special education cooperatives provide special edu- cation programs for exceptional children and are formed School District Governments (242) by agreement between two or more school districts. They are administered by one of the participating school dis- The following types of school districts in Arizona are tricts or by the county superintendent of schools. They are counted as governments for Census Bureau purposes: not counted as separate governments in Census Bureau • Common school districts statistics on governments. • Community college districts SPECIAL DISTRICT GOVERNMENTS (326) • Joint common school districts • Joint technological education districts Arizona statutes authorize the creation of a variety of special districts or authorities that are counted as govern- • Joint unified school districts ments. These are discussed in detail below. • Provisional community college districts • Unified school districts Community Park Maintenance Districts Encompassing an Area of 160 Acres or More • Union high school districts Districts for the maintenance of community parks may All types of school districts listed above are governed by be established by the county board of supervisors, or all elected boards. These districts may levy ad valorem taxes, county boards of supervisors if the district includes land and, with voter approval, may issue bonds. Community in more than one county, upon petition and after a public college districts may also receive money from transient hearing. An elected board of directors governs each dis- lodging taxes. trict. The districts may fix fees, rentals, and charges, and set property taxes. No districts of this type were reported in operation as of June 30, 2012.
Governments—Individual State Descriptions Arizona 11 Districts having fewer than 160 acres are governed by the Flood Protection Districts—1921 Law county board of supervisors and are not counted as separate These districts, formerly known as flood control districts, governments. See “Subordinate Agencies and Areas” below. are created upon petition of landowners to the county County Water Augmentation Authority (Pinal) board of supervisors followed by a public hearing. An elected board of directors governs each district. The dis- This authority was authorized by act of the legislature to tricts may levy ad valorem taxes. Voter approval is required serve Pinal County. The authority was established by the for the levy of assessments and the issuance of bonds. county governing body after petition and public hear- ing. The authority is governed by a board of directors County flood control districts established under the 1978 appointed by the governing bodies of the county and the law and governed by the county board of supervisors are participating cities, towns, and irrigation and drainage not counted as separate governments. See “Subordinate districts. The authority may set and collect fees, and, after Agencies and Areas” below. a hearing and certification by the attorney general, issue Health Service Districts revenue bonds. These districts to provide health clinics and related facili- Drainage Districts ties and ambulance services are established in medically Drainage districts are established upon petition of land- under-serviced areas meeting certain criteria upon petition owners to the county board of supervisors followed by a of voters to the county board of supervisors, followed by hearing and referendum. An elected board of directors gov- public hearing and referendum. An elected board of direc- erns each district. The districts may set ad valorem taxes, tors governs each district. The districts may fix rentals and and, with voter approval, impose special assessments charges, set ad valorem taxes, and, upon voter approval, and issue bonds. For irrigation and drainage districts, see issue bonds. “Irrigation Districts” below. Hospital Districts Electrical Districts After petition by voters, public hearing, and approval by Electrical districts obtain power for pumping irrigation the state department of health services, hospital districts water. The districts are established by the county board may be established by the county board of supervisors of supervisors upon petition of landowners, followed by a to provide the operation and maintenance of a hospital, hearing and referendum. A board of directors elected by urgent care center, or, in some cases, ambulance service. landowners governs each district. The districts may levy An elected board of directors administers each district. ad valorem taxes and charge rates. The districts may also The districts may set rents, and, after voter approval, may issue bonds upon voter approval. issue bonds. Districts may impose a secondary property tax that must be approved by voters initially and every five Fire Districts years following. Certain counties not imposing a secondary property tax may levy a transaction privilege tax, which Districts to provide fire protection in unincorporated areas must be initially approved by voters and every five years are formed by petition to the county board of supervi- following. sors followed by a public hearing. Districts are governed by an elected board of three to seven members, depend- Irrigation Districts ing on the population of the area served. Some districts formed before 2010 are governed by an elected chief and Irrigation districts may be created to provide irrigation, secretary-treasurer. The district may levy ad valorem taxes domestic water supply, and electric power after petition of and may, upon voter approval, issue bonds. Districts may landowners to the county board of supervisors followed contract with a city or town outside of the service area to by hearing and referendum. An elected board of directors provide fire protection for a fee. governs each district. The districts may set a water tax, ad valorem taxes, and special assessments, and may fix tolls County island fire districts, consisting of only noncontigu- and charges. Voter approval is required for bond issues. ous county islands meeting certain criteria in Maricopa In addition, “irrigation and drainage districts” with both County, may be formed by the county board of supervisors irrigation and drainage powers, may be established under upon petition of landowners and after a hearing. A board, this law. initially appointed by the county board of supervisors and later elected, governs each district. Districts may assess and levy a secondary property tax.
12 Arizona Governments—Individual State Descriptions Irrigation Water Delivery Districts A board of directors elected by landowners governs each district. The districts may set ad valorem taxes, and, upon These districts are established by the county board of voter approval, issue bonds. supervisors after petition of landowners and a public hear- ing. An elected board of trustees governs each district. The Public Transportation Authorities districts may set ad valorem taxes, fix rates and fees, and incur indebtedness. Intergovernmental public transportation authorities may be established in counties with 200,000 or less in popu- Maricopa County Special Health Care District lation. The governing body of one or more incorporated This district was authorized by special act and approved at cities or towns may petition the county board of supervi- referendum to provide medical care and ambulance ser- sors to establish an authority after a public hearing. If the vices. An elected board of directors governs the district. municipalities are in different counties, they may petition The district may set rents, and upon voter approval, issue for the creation of a joint authority by intergovernmental bonds and set ad valorem taxes. The district may only pro- agreement. Any state university located in a participat- vide ambulance services if voters authorize an additional ing municipality may become a member. Each authority is tax in a special election. governed by a board of directors appointed by participat- ing entities. The authorities may set fares, and, after voter Mohave County Water Authority approval, may levy a county transportation excise tax. This authority was created by a special act of the legisla- State law established a regional public transportation ture for purpose of acquiring, constructing, and operating authority upon voter approval of a transportation excise projects to transport, deliver, and treat water. The board tax levy in Maricopa County. The authority is governed by a of directors consists of persons appointed by the member board of directors consisting of one elected official selected local governments. The authority may collect dues from its by each member city, plus one member appointed by the membership and fees from subcontractors. county. The authority may issue revenue bonds, fix fees and charges, and determine additional funding required Pest Abatement Districts—1983 Law from members.
Districts to control public health pests may be established A regional transportation authority was authorized by state upon petition to the county board of supervisors after act in Pima County and established by the county board of public hearing and voter approval. An elected board of supervisors. The authority is governed by a board consist- directors governs each district. The districts may levy ing of the members of the regional council of governments, assessments. which includes the county and all municipalities in the county. The authority may fix fares and other charges, and, Pest Control Districts—1957 Law with voter approval, issue bonds. The authority may levy These districts are created by the county board of super- a county transportation excise tax with voter approval. visors upon petition of crop owners or landowners after Voters must approve the regional transportation plan. hearing and referendum. A board of directors elected by landowners governs each district. The districts may levy Revitalization Districts assessments. Revitalization districts may be created to plan, improve, and construct sewerage systems, water systems, drain- Phoenix-Mesa Gateway Airport Authority age and flood control, highways, streets, parking facilities, (Joint powers airport authority) pedestrian malls, parks, landscaping, buildings, traffic This authority was established by an act of the state control systems, and land clearing activities. The governing legislature to use a previous military airbase for public body of one or more municipalities may adopt a resolu- purposes. A board of directors appointed by the govern- tion to establish a revitalization district upon petition of ing bodies of the cities, towns, counties, and Indian tribes property owners and after a hearing. A board of directors, that are members of the authority governs this entity. The initially appointed by the participating governments and authority may impose fees and charges, receive appropria- later elected, governs each district. A district may establish tions from member governments, and, with voter approval, fees and charges, receive funds from participating govern- issue revenue bonds. ments, and, after voter approval, may levy special assess- ments and ad valorem taxes. A district may issue revenue Power Districts bonds after a public hearing. Districts to generate and distribute electric power may be established by the county board of supervisors upon peti- tion of agricultural landowners followed by a public hear- ing and referendum.
Governments—Individual State Descriptions Arizona 13 Salt River Project Agricultural Improvement SUBORDINATE AGENCIES AND AREAS and Power District Shown below are various governmental designations in This district, to provide for irrigation, drainage, water stor- Arizona that have certain characteristics of governmental age, and electric generation and transmission facilities, was units but that are classified in Census Bureau statistics as created by the Maricopa County board of supervisors upon subordinate agencies of the state or local governments and petition of landowners and after a hearing and referendum. are not counted as governments. Legal provisions for some A board of directors elected by landowners governs the of the larger of these are discussed below (see “Public district. The district may fix charges, fees, and rentals, and, School Systems” above regarding educational agencies of with voter approval, issue revenue and general obligation this nature). bonds. The authorizing legislation specifies the method for Among the subordinate agencies and areas listed below, computing the ad valorem taxes to be levied for the district. some represent “special taxing areas” within the territory of Sanitary Districts Encompassing an Area of an established government. This method of financing addi- 160 Acres or More tional services in limited areas by property taxation, while also used by some municipal and township governments Sanitary districts to provide sewerage facilities may be in a few states, is more widely utilized by county govern- established by the county board of supervisors upon ments. In the listing below of authorized county-related petition of property owners followed by a public hearing. agencies, an asterisk (*) appears for each entity of this An elected board of directors governs each district. The kind—i.e., any that may individually serve a portion rather districts may fix fees and rent, set ad valorem taxes, and, than all of a county and for which a tax may be levied after voter approval, may issue bonds. against the assessed value of property in the area served.
Two or more sanitary districts may merge to form a single Arizona Power Authority (state)—This authority was district upon petition of voters to the affected counties’ created by a special act for the generation and transmis- boards of supervisors, and after a hearing and referendum. sion of electric power. A commission appointed by the gov- Districts having fewer than 160 acres are governed by the ernor governs the authority. The authority may fix rates, county board of supervisors and are not counted as separate fees, and tolls, and may issue revenue bonds. governments. See “Subordinate Agencies and Areas” below. Housing authorities (municipal and county)— Municipalities and counties may establish housing authori- Special Road Districts ties by resolution of the governing body. A board of hous- These districts, which build and maintain highways and ing commissioners governs each authority; the members bridges, are established by the county board of supervisors are appointed by the mayor of a city or town or by the upon petition of taxpayers and after a hearing and refer- county board of supervisors. Authorities may set rents and endum. An elected board of trustees governs each district. accept federal contributions and grants. Authorities may The districts may set ad valorem taxes, and, upon voter also issue bonds, including refunding bonds, after approval approval, issue bonds. by sponsoring governments.
Two or more special road districts may by agreement act Industrial development authorities (county or munic- as a joint special road district. Additionally, a special road ipal)—Authorities of this type are established to finance overlay district may be created on request of the board of and lease airport, commercial, convention, electric, gas, trustees of two or more contiguous special road districts, health care, industrial, pollution control, port, residential, or two or more contiguous special road districts which sewerage, solid waste disposal, and water supply facilities comprise a joint special road district to the county board of on the approval of the county or municipal governing body. supervisors, and after a referendum. A board of directors appointed by the county or municipal governing body governs each authority. Industrial devel- Water Conservation Districts (multi-county) opment authorities may make loans to mortgage lenders, These districts, authorized by 1971 legislation, are estab- charge rents, and issue revenue bonds. lished by the state director of water resources upon Natural resource conservation districts (state)— petition of three or more counties or upon petition of These districts may be established to carry on soil con- voters followed by a public hearing. An elected board of servation programs upon petition of landowners to the directors governs each district; the number of members is state land commissioner followed by a public hearing and determined by the participating counties’ population. The referendum. A board of five supervisors governs each dis- district boards may fix and collect charges, issue revenue trict; three are elected and two are appointed by the state bonds, and set ad valorem taxes. The Central Arizona land commissioner. District revenues are limited to volun- Water Conservation District was established under this law. tary donations, gifts, and contributions. The districts may
14 Arizona Governments—Individual State Descriptions receive money from the Arizona Water Protection Fund. County flood control districts These districts have no bond-issuing powers. County improvement districts Slum clearance and redevelopment commissions County jail districts (municipal)—General legislation authorizes cities and County free library districts towns to establish these agencies. A five-member board of County sports authorities commissioners, appointed by the mayor with approval of County stadium districts (Maricopa County) the governing body of the city or town, governs a commis- sion. All administrative and fiscal powers are vested in the County television improvement districts municipality; the commissioners perform only the specific Domestic wastewater improvement districts duties assigned to them. Domestic water improvement districts Other examples include: “No fence” districts
State Pollution control corporations Public health services districts Arizona Aerospace and Defense Commission Road improvement and maintenance districts Arizona Commerce Authority Rural road improvement districts Arizona Exposition and State Fair Board Sanitary districts encompassing an area of fewer than 160 Arizona Health Facilities Authority acres Arizona Housing Finance Authority Sports authority districts (Pima County) Arizona International Transportation and Port Infrastructure Theme park district (Maricopa County) Development Authority Arizona Industrial Commission Municipal Arizona School Facilities Board Airport authorities Arizona Water Banking Authority Community facilities districts Arizona Water Protection Fund Improvement districts Cotton pest control districts Lake Havasu Sanitary District Greater Arizona Development Authority Municipal property corporations Radiation Regulatory Agency Pollution control corporations
Regional Attraction Districts Other Tourism and Sports Authority Municipal property corporations also may be created by Water districts school districts in which case, they would be dependent Water Infrastructure Finance Authority upon the creating school district.
County The grazing districts in Arizona are areas for federal admin- istration of grazing lands. They are not counted as sepa- Air pollution control districts rate governments. Airport authorities Antinoxious weed districts Arizona laws also provide for various types of local areas for election purposes and administration of justice. Community park maintenance districts with an area encom- passing no more than 160 acres
Governments—Individual State Descriptions Arizona 15 Arkansas
Arkansas ranks twenty-first among the states in number of Dependent Public School Systems (0) local governments with 1,556 active as of June 30, 2012. Arkansas has no dependent public school systems. COUNTY GOVERNMENTS (75) Other Educational Activities There are no areas in Arkansas lacking county government. Multicounty educational services cooperatives provide The county governing body is Quorum Court, which con- shared educational programs and school district ser- sists of the justices of the peace and the county judge. The vices. The cooperatives are established by resolution of county judge serves as the chair of the Quorum Court and 75 percent or more of the school districts to be served. A administers most county affairs. Counties operate under board of directors, consisting of one representative of each home rule. participating school district, governs each cooperative. Ten Arkansas counties are each divided into two districts Migrant education operating agencies are also established for judicial and various administrative purposes and main- under this law. The educational services cooperatives are tain offices in two county seats.1 However, the two districts classified for Census Bureau purposes as joint educational of each respective county are governed by the same set of services agencies of the participating school districts and county officials. are not counted as separate governments.
SUBCOUNTY GENERAL PURPOSE One or more school districts may by majority vote of GOVERNMENTS (502) their boards of directors create a model rural early child- hood consortium to exemplify the best practices avail- Municipal Governments (502) able in rural early childhood education and to serve as a training and development site for both students and Municipal governments in Arkansas are the cities and incor- teachers. These consortiums are not counted as separate porated towns, divided by general law into size groups: governments. • First-class cities—2,500 or more inhabitants Arkansas law authorizes the establishment of multidistrict • Second-class cities—500 to 2,499 inhabitants secondary vocational education centers and community- • Towns—incorporated places with fewer than 500 based education centers. The centers are governed by inhabitants boards composed of the school superintendents of partici- pating school districts. These centers are not counted as However, the 1965 law establishing the above size groups separate governments. permits towns that had voted previously to become second-class cities to retain that classification; permits Community colleges, technical colleges, and technical insti- cities having a population of 1,500 or more, by ordinance, tutes in Arkansas are classified as state institutions and are to become a first-class city, and permits any incorporated not counted as separate governments. town to elect to become a second-class city. There is no official minimum population requirement for incorporation. SPECIAL DISTRICT GOVERNMENTS (740) First-class cities have limited home rule. Arkansas statutes authorize the creation of a variety of special districts or authorities that are counted as govern- Township Governments (0) ments for Census Bureau statistics. These are discussed in Arkansas has no township governments. detail below.
PUBLIC SCHOOL SYSTEMS (239) Agencies Created Under Intergovernmental Agreements School District Governments (239) Local government units may agree to exercise any of their A 1947 act of the legislature provided for the reorganiza- powers jointly. If a separate legal or administrative entity is tion of all Arkansas school districts into a single type of created, the board is appointed; the particulars of the board school district. All school districts in Arkansas are counted composition are specified in the agreement. The creat- as governments in Census Bureau reporting. An elected ing agreement also specifies the financing provisions and board of directors governs each district. The districts may functions. Separate agencies created by intergovernmental levy taxes and issue bonds.
16 Arkansas Governments—Individual State Descriptions agreements may or may not be counted as governments for Under the 1979 law, fire protection districts may be formed Census Bureau purposes, based on the degree of autonomy. by voter petition, public hearing, and ordinance of the quorum court or by the quorum court after voter petition Conservation Districts and referendum. Districts are formed in unincorporated These districts are established by the state Soil and Water areas but may include cities or towns without organized Conservation Commission upon petition of landowners fire departments for the primary purpose of providing fire and after hearing and local referendum. A five-member protection in rural areas for buildings and other structures. board of supervisors governs each district, with two mem- These districts are governed by boards appointed by the bers appointed by the state Soil and Water Conservation county governing body if formed on or before July 3, 1989; Commission and three members elected. The boards may those formed thereafter have elected boards. All fire protec- levy special benefit assessments. The districts may issue tion districts created under the 1979 law may levy benefit bonds with the approval of the chancery court after a pub- assessments. The districts may issue bonds, but bond lic hearing. issues of districts formed by ordinance method require voter approval. Consolidated Public Utility System Improvement Districts Flood Control Districts These districts may be created by municipalities after Four types of districts for flood control and related activi- landowner petition and public hearing. Districts may con- ties are authorized by statutes. struct, acquire, and operate systems for any combination Drainage Improvement Districts—1907 Law—Under of water, sewer, and electric utilities, including generation general law, these districts may be established for the and distribution of electricity; treatment and distribution construction of levees upon petition by real property of water; and collection, treatment, and waste disposal for owners to the county court (or to the circuit court if sewerage. Each district is governed by a board appointed more than one county is encompassed by the proposed by the county court. The boards may levy assessments, fix district) and after a public hearing. A board of commis- and collect fees, and issue bonds. Districts of this type pre- sioners, appointed by the county or circuit court, gov- viously created by special acts are considered to operate erns each district. The board may levy benefit assess- under this general law. ments and maintenance taxes, and issue bonds.
Consolidated Waterworks Systems Subdistricts authorized to implement projects for land reclamation may be set up under the same general These systems are created by agreement of two or more law procedure, but are administered by the board of public agencies and ordinance or resolution. Each system the main district. They are not counted as separate is governed by a board of commissioners that is either governments. appointed or elected as specified in the agreement. The systems may fix, charge, and collect rates for water and Drainage districts previously created by special acts are other services, and issue bonds. Central Arkansas Water considered to operate under this general law; how- was created under this legislation. ever, they retain powers and governance conferred by special act. Fire Ant Abatement Districts Improvement Districts for Rivers—1949 Law— These districts may be created after voter petition and spe- Districts are established by the circuit court following cial election, or the quorum court may, on its own motion, petition by property owners and after public hearing direct the county to call a special election. The districts for drainage, levee, or flood control projects for rivers, are governed by a board appointed by the county commis- tributaries, or streams within or bordering Arkansas sioners. A property assessment is set by the petition. The approved and authorized by the U.S. Congress and districts may issue bonds. constructed or partially constructed by the U.S. Army Corps of Engineers or by other federal agencies. A board Fire Protection Districts—1939 and 1979 Laws of commissioners which includes at least one member Under the 1939 law, fire protection districts may be formed from each participating county is appointed by the in any designated area by the county court upon petition circuit court. Districts have all the rights, powers, and by landowners. Districts may include portions of incorpo- privileges of drainage districts organized under existing rated towns that have no equipped fire station and may laws and all amendments of those laws. Districts may be formed in towns having a 1970 population of 426–435. levy benefit and special assessments and issue bonds. The districts are governed by boards of commissioners Irrigation, Drainage, and Watershed Improvement appointed by the county governing bodies. The districts Districts—1949 Law—These districts for coordinated may levy benefit assessments. irrigation, flood control and drainage improvements
Governments—Individual State Descriptions Arkansas 17 are created on petition of landowners to the circuit produced and distributed to users. A board of directors, court after a public hearing. A board of commissioners appointed by the participating governments, governs each appointed by the establishing court governs each dis- authority. An authority may fix and collect fees, rents, and trict. The districts may fix charges for the sale of water, charges, and issue bonds. may levy benefit assessments, and may levy a flat per acre tax for maintenance services. A petition filed with Metropolitan Port Authorities the circuit court is required for the authority to borrow Metropolitan port authorities are established by the circuit funds or to issue bonds. court following ordinance of each participating county and Levee Improvement Districts—1891 Law—Levee municipal government and petition of each county court improvement districts are formed by the county court to the circuit court. Authorities are authorized to develop giving public notice. An elected board of directors and maintain ports, river-rail terminals, barge terminals, governs each district. The districts may levy ad valorem parks for industrial and commercial operations, and related taxes and benefit assessments, and may issue bonds. improvements. The governing body of each participating municipality and county appoints at least one representative A few levee districts have also been established by special to the authority board of directors, with additional mem- acts, including drainage and levee improvement districts. bers determined by population apportionment. Participating governments are authorized to issue bonds to benefit the Housing Authorities authorities and to provide other financial assistance. The Arkansas statutes authorize the following types of housing authority may fix and collect fees, and issue bonds. authorities: Municipal Electric Utility Consolidated • Municipal housing authorities Authorities • County housing authorities Authorized by general legislation in 2003, these authori- • Consolidated housing authorities (two or more cities) ties may be created by interlocal agreement between • Regional housing authorities (two or more counties) two or more municipalities, including a municipality in another state, which own electric utility systems. Authority Under general law, housing authorities are created upon commissioners are appointed or elected as specified in the adoption of a resolution by the governing body of the agreement. Authorities may fix and collect rates for the city or county. The executive head of the municipality electricity and other goods and services, and may issue appoints the housing commissioners of a municipal hous- revenue bonds. ing authority. The governing body of the county appoints the commissioners of a county housing authority. In the Municipal Improvement Districts case of a consolidated or regional housing authority, one Municipal improvement districts may be established by the commissioner is appointed by the executive head of each governing body of any city or town on petition of property member municipality or by the governing body of each owners and after public hearing. A board of commission- member county, respectively. Housing authorities may fix ers appointed by the municipal governing body governs rents and issue bonds. each district. Districts may be established for constructing, Legislation passed in 1976 grants municipalities and coun- maintaining, repairing and operating local improvements of ties all powers granted to housing authorities. Housing a public nature which include streets and alleys, viaducts, authorities administered by county or municipal governing sewers and sewer systems, off-street parking, sidewalks, bodies ex officio are not counted as separate governments. recreational areas, and other facilities. The boards may See “Subordinate Agencies and Areas” below. issue bonds. The creating government levies a benefit assessment on behalf of the district. Joint County and Municipal Solid Waste Disposal Authorities Arkansas statutes have special provisions for the following types of municipal improvement districts, all of which, with Designated as sanitation authorities by legislation, these the exception of municipal wharf improvement districts, are authorities are created by agreement between any combi- authorized to levy benefit assessments and issue bonds: nation of counties, municipalities, and suburban improve- ment districts, which include one or more counties. After Consolidated municipal water and light improve- creation, a variety of special districts may join as approved ment districts—These districts may be established by by the members. Authorities are authorized to collect, cities of the first- and second-class for the purpose of process, and dispose of solid waste; operate recycling acquiring, improving, and maintaining existing water- operations; collect, treat, or otherwise deal in wastewa- works plants and systems and an electric plant and ter, sludge, or treated effluent; and execute solid waste to system constructed by separate improvement districts. energy projects in which either steam or electric power is
18 Arkansas Governments—Individual State Descriptions The city is authorized to operate the plants and systems, county judge and one representative of the cities within and to remit excess income from the operation to the each participating county selected by the mayors. If the district. This general law does not apply to consolidated authority exists within a single county, the board must con- districts created by special act. sist of at least five members. The authorities may fix and collect fares, and issue revenue bonds. Municipal drainage improvement districts—These districts which encompass all or a part of a city may Public Water Authorities be created by ordinance in cities of the first class with a mayor-council form of government . A referendum is These authorities may be formed either by two or more cit- required upon voter petition challenging the creating ies, counties, or other public bodies. Also, nonprofit cor- ordinance. The mayor appoints one board member and poration involved in the sale and distribution of water may the city council appoints four. convert to public water authorities. Authorities may treat and distribute raw and potable water, and construct and operate Municipal wharf improvement districts—Districts a wastewater treatment plant. A board of directors elected to provide wharves for the transfer and interchange of either by the existing board or by water users governs the river and rail freights. These districts may charge tolls, authority. Authorities may fix and collect rates, rents, fees, fees, and rents in addition to issuing revenue bonds. and charges, and issue bonds subject to public hearing. The creating government may not levy an assessment for these districts. Regional Airport Authorities
In addition, consolidated improvement districts for any Any two or more municipalities, any two or more contigu- combination of water, sewer, or gas pipelines may be ous counties, or any combination thereof may establish a formed for the joint operation and maintenance of contigu- regional airport authority by mutual agreement. For major ous districts. A board of commissioners appointed by the airport facilities the state may participate in forming a county judge governs each such district. The districts may regional airport authority. A management board appointed fix charges for services. by the mayor or county judge of each participating munici- pality and county governs the authority, with each partici- Property Owners Improvement pating government appointing at least one board member. Districts—1983 and 1987 Laws If the state government is a participant, the Governor These districts may be created for the construction, acqui- appoints a majority of the board members. The number sition, equipping, and operation of one or more of the fol- and the apportionment of additional members are specified lowing improvements: waterworks; recreational facilities; in the agreement creating the authority. Regional airport systems of gas pipeline; systems for the collection and authorities may levy taxes on aviation fuel sold at the air- treatment of sewage; streets, highways, and sidewalks; port and on passengers boarding or debarking and impose telephone lines; and rural fire departments including con- fees for the use of airport facilities. The authorities may fix struction of fire houses. Under the 1983 law, these districts and collect fees, and issue revenue bonds. are known as property owner’s improvements districts; Airport commissions appointed solely by one county or under the 1987 law they are known as municipal prop- municipal government are not counted as separate govern- erty owner’s improvements districts. Under the 1983 law, ments. See “Subordinate Agencies and Areas” below. districts are created upon landowner petition by the county court or, if the district includes multiple counties, by the Regional Intermodal Facilities Authorities circuit court. These districts may include an area within These authorities may be created by two or more munici- a municipality. Under the 1987 law, districts are created palities, two or more contiguous counties, or one or more upon landowner petition by the municipal governing body municipalities together with one or more contiguous or, if the proposed district encompasses land in multiple counties. These authorities are authorized to construct and municipalities, by the governing body with the largest por- operate one or more modes of interconnected movement tion of land. These districts may include areas outside any of freight, commerce, or passengers including railway, municipality. Each district is governed by a board of com- highway, air, pipeline, waterway, transit, and communica- missioners appointed by the creating court or governing tion systems and related industrial, warehouse, distribu- body. Districts are authorized to levy benefit assessments tion, training, and support facilities. The chief executive and may issue bonds. officers of the participating governments appoint the Public Transportation Authorities board. Authorities may issue revenue bonds and levy a tax or fee upon facility users. Authorities to provide a transit system are created by agreement between two or more governments. The author- Upon petition of property owners, an authority board may ity governing body consists, at a minimum, of one repre- create improvement districts for the purpose of financing sentative for each participating county appointed by the the construction, reconstruction, or repair of intermo- dal facilities. The creating board serves as the district’s
Governments—Individual State Descriptions Arkansas 19 commissioners. These districts are classified as subordi- 1, 1991. The creating authority determines the nature and nate activities of the creating authority and are not counted composition of the governing board. as governments. Regional Water Distribution Districts Regional Library Systems These districts are established by the circuit court on These systems may be established by any combination of petition of the voters after a public hearing. An elected cities and counties by agreement and ordinance. The sys- board of directors governs each district. The districts may tems are governed by boards of trustees appointed by the charge rates, fees, and rents for facilities and services, county and municipal library boards if they exist, if not, by and issue bonds. the county or municipal governing bodies. Each participat- ing government contributes appropriations and funds from Rural Road Improvement Districts tax levies as specified in the agreement. Districts for the improvement of roads, highways, and streets that are not part of the state highway system are Regional Mobility Authorities created by the county court after petition of landowners Regional mobility authorities may be created by one county and public hearing. A board of commissioners governs each or a combination of contiguous counties by adopting an district. The board is initially appointed by the court, if not ordinance and entering into a joint agreement with the named in the initiating petition. Thereafter, the remaining other participating counties. Authorities may plan, con- commissioners fill vacancies on the district board. The dis- struct, operate, or fund transportation projects or improve- trict receives revenue from funds set aside by the state and ments to a transportation system of the regional mobil- the federal government for the improvement of roads, the ity authority. A board of directors having no fewer than district portion of the road tax, and special benefit assess- five members including the county judge or designated ments. The districts also may issue bonds. representative of each member county and the mayor or designated representative of each member first-class city, Rural Waterworks Facilities Boards govern the authority. Authorities may impose and collect Any county quorum court may create by ordinance one or passenger charges for public transit system users, parking more rural waterworks facilities boards to own, acquire, fees for parking decks or other parking facilities, ferry fees, construct, equip, improve, operate, sell, or lease water- passenger and freight fees for use of railroads, and freight works treatment and distribution facilities and wastewater and user fees for the use of intermodal and port facilities. collection, treatment, and disposal facilities. Each board consists of a minimum of five members who are initially Regional Solid Waste Management Districts appointed; thereafter, the remaining board members fill Regional solid waste management districts created under vacancies on the board. The boards may fix and collect previous acts are considered to operate under this law. New rents, fees, and charges, and may issue bonds. districts may be created by designation of the Arkansas Public facilities boards may petition the county to oper- Pollution Control and Ecology Commission. Such districts ate as rural waterworks facilities boards; as such they are must be composed of whole county jurisdictions and con- authorized to engage also in activities related to wastewa- tain more than one county unless that county has a popula- ter treatment facilities. tion of at least 50,000. Each district is governed by a board consisting of representatives of the participating counties, Suburban Improvement Districts and of all first-class cities, of all cities with a population of more Consolidated Improvement Districts than 2,000, and of the largest city in each county. The dis- tricts may fix rents and fees, levy service fees on residences Suburban improvement districts are authorized for the and businesses, and issue revenue bonds. purpose of improving streets, roads, or highways; laying sidewalks; equipping and maintaining rural fire depart- As an alternative, districts may be created by interlocal ments; providing ambulance services; building and operat- agreement of the local governments in any county with a ing recreational facilities, hospitals, libraries, waterworks, population of at least 90,000 and a permitted landfill on sewer systems, telephone lines, and gas lines. The county January 1, 1991. The boards of these districts are estab- court may create such districts on petition of landowners. lished by the interlocal agreements. Districts also may be A board of commissioners appointed by the county court created by the resolution of the governing body of any governs each district. The districts may levy assessments authority created under the Joint County and Municipal and receive revenue from the sale or lease of improve- Solid Waste Disposal Act that includes a county with a ments. These districts also may issue bonds. population of at least 60,000 that had made an applica- tion for a solid waste disposal permit on or before January Consolidated improvement districts for water, sewer, or gas pipelines may be formed by two or more contiguous sub- urban or municipal improvement districts, or combination
20 Arkansas Governments—Individual State Descriptions thereof for the joint operation and maintenance of their sys- a suitable workforce and contribute to economic develop- tems. A board of commissioners appointed by the county ment. The foundation is responsible for the construction, judge governs each such district. The districts may fix development, and management of a research and technol- charges for services, levy assessments, and issue bonds. ogy park in Fayetteville. A board of directors appointed by the chancellor of the University of Arkansas, the mayor of Suburban Sewer Districts the city of Fayetteville, and other affiliated public entities, The property owners adjacent to any first- or second-class plus the provost, vice chancellor of finance and adminis- city may form a sanitary sewer district after petition to the tration, and vice provost for research of the University of county court and a public hearing. A board of commission- Arkansas serving as voting ex officio members governs the ers appointed by the county court governs each district. foundation. The foundation may fix and collect lease pay- The board may fix and collect fees, levy assessments, and ments, apply for and receive grants, accept gifts, and issue issue bonds. revenue bonds. Urban renewal agencies (municipal)—General law pro- Wastewater Treatment Districts vides for the establishment of these agencies in any city or Districts to provide for wastewater collection and disposal town where a housing authority has not undertaken such a are created by resolution of two or more municipalities and project. A board of commissioners appointed by the mayor petition to the circuit court. In unincorporated areas of the governs each agency. As an alternative, urban renewal district, 51 percent of landowners must approve by petition. agencies may be administered by the governing body of A board of directors governs each district. The districts may the municipality in an ex officio capacity. Urban renewal fix rates, fees, and rents, and may issue revenue bonds. agencies may issue revenue bonds.
SUBORDINATE AGENCIES AND AREAS Other examples include: Shown below are various governmental designations in State Arkansas that have certain characteristics of governmental Arkansas Building Authority units but that are classified in Census Bureau statistics as Arkansas Earthquake Authority subordinate agencies of the state or local governments and are not counted as separate governments. Legal provisions Arkansas Geological Survey for some of the larger of these are discussed below (see Arkansas Hospital Equipment Finance Authority “Public School Systems” above, regarding educational agen- Arkansas Information Network cies of this nature). Arkansas Natural and Cultural Resources Council Arkansas Development Finance Authority Arkansas Research and Education Optical Network (state)—This authority, formerly the Arkansas Housing Arkansas Revenue Building Commission Development Authority, was created to provide mortgage Arkansas Science and Technology Authority credit for low- and moderate-income housing. A board of 12 directors governs the authority; 11 members are Arkansas Student Loan Authority appointed by the Governor with the advice and consent of Arkansas Teacher Housing Development Foundation the senate, as well as the director of finance and admin- Arkansas Tobacco Settlement Commission istration who serves in an ex officio capacity. The agency Economic development districts may fix charges in connection with its loans and issue revenue bonds. War Memorial Stadium Commission
Public facilities boards (municipal or county)—The County governing body of any municipality or county may create Ambulance services improvement districts by ordinance public facilities boards to acquire, construct, County airport commissions equip, operate, and maintain facilities for health care, residential housing, off-street parking, recreation, tour- County library boards ism, hydroelectric, waterworks, transit, energy facilities, County museum commissions education facilities, and sewers. Each board consists of County subordinate service districts (airports, ambulance five members who are initially appointed; thereafter, the service, fire protection, flood control, highways, park- remaining board members fill vacancies on the board. The ing, sewerage, solid waste collection and disposal, board may fix fees and charges for the use of facilities, and transit, and water supply) may issue bonds. Housing authorities governed by quorum court University of Arkansas Technology Development Rural development authorities Foundation (state)—The foundation mission is to stimu- late a knowledge-based economy that will build and retain
Governments—Individual State Descriptions Arkansas 21 Viaduct improvement districts Municipal library boards
Municipal Municipal management districts Municipal port authorities Arts and Science Center for Southeast Arkansas Municipal tollway authorities Auditorium commissions Municipal water and sewer systems Central business improvement districts Park and recreation commissions City airport commissions Parking authorities City boards of health Public utilities boards Electric commissions Rogers Museum Commission Historic districts Sanitary boards Hospital commissions Urban service districts Housing authorities governed by city governing body Waterworks and sewer commissions Industrial commissions Waterworks commissions Light and water commissions Market authorities Arkansas laws also provide for various types of local areas for election purposes and administration of justice. Municipal electric utilities consolidated authorities (limited 1 autonomy) These ten counties are as follows: Arkansas, Carroll, Clay, Craighead, Franklin, Logan, Mississippi, Prairie, Sebastian, and Yell. Municipal facilities corporations
22 Arkansas Governments—Individual State Descriptions California
California ranks fourth among the states in number of local • Joint union district—a union high school district having governments with 4,425 active as of June 30, 2012. territory in more than one county. • Unified school district—a district providing both COUNTY GOVERNMENTS (57) elementary and high school education. Unified school The entire area of the state is encompassed by county districts having a charter city or a city with a popula- government except for the city and county of San tion of 8,000 or more within its boundaries, or having Francisco. The county governing body is called the board an average daily attendance of 1,500 or more are also of supervisors. classified as city school districts and are governed by a city board of education. SUBCOUNTY GENERAL PURPOSE • Community college district—a district providing com- GOVERNMENTS (482) munity college facilities and instruction.
Municipal Governments (482) California school districts and community college dis- Municipal governments in California include cities or tricts are usually governed by elected boards of educa- towns. All municipalities function either as charter cit- tion or trustees. The districts serving charter cities may ies or as general law cities. The consolidated city-county have appointed boards if the charter so specifies. In a few government of San Francisco is counted as a municipal instances, a high school district is governed by the same government. board as a coterminous elementary school district. In such cases, the two districts are counted as a single school dis- Township Governments (0) trict government for Census Bureau purposes. School district and community college district boards may determine their California has no township governments. own fiscal requirements; the counties levy and collect the taxes required. Bond issues are subject to voter approval. PUBLIC SCHOOL SYSTEMS (1,082) Unified and union high school district library districts School District Governments (1,025) are administered by the board of the establishing school California school districts may be organized as elementary district and are not counted as separate governments for districts, high school districts, unified school districts com- Census Bureau purposes. bining elementary and high school grades, or community college districts. The following types of school districts in Dependent Public School Systems (57) California are counted as separate governments for Census California statutes provide for the following types of Bureau purposes: county dependent public school systems:
Elementary school districts: • County special service schools (57)
• City district—a school district lying wholly or partly All California counties operate special service schools to within a city and a county. provide education for handicapped and other persons with • Union district—combined elementary districts within exceptional needs. These schools are administered by the the same county. county superintendent and are not counted as separate gov- • Joint union district—combined elementary districts ernments. Special service schools in San Francisco are oper- located in different counties. ated directly by the San Francisco Unified School District.
High school districts: Other Educational Activities
• Union high school district—a high school district, other Regional occupational programs provide vocational and than a city high school district, comprising two or more technical education. These programs are established by elementary school districts lying wholly in the same individual counties or consolidated city-counties by indi- county. vidual school districts (if authorized by special act) by two or more counties, or by two or more school districts. The • City district—a school district lying wholly or partly programs are not counted as separate governments for within a city and county. Census Bureau purposes.
Governments—Individual State Descriptions California 23 School districts may form joint powers authorities to pro- established by special acts but operate under provisions vide education-related services to members. These authori- similar to those above. ties are classified as educational service agencies and are Air pollution control districts serving single counties and not counted as separate governments. “unified” districts serving several counties but having less SPECIAL DISTRICT GOVERNMENTS (2,861) autonomy than regional districts are not counted as separate governments for Census Bureau statistics on governments. California statutes authorize the creation of a wide variety See “Subordinate Agencies and Areas” below. of special districts or authorities that are counted as gov- ernments for Census Bureau statistics. These are discussed Airport Districts in detail below. These districts may be created by resolution of the county Agencies Established Under “Joint Exercise of board of supervisors after public hearing and subject to Powers Agreements” (not included in other approval by the local agency formation commission and types of special district governments shown local referendum. An elected board of directors governs elsewhere) each district. The district may levy taxes, fix charges, and issue bonds with voter approval. The Monterey Peninsula Two or more local governments (county, municipal, or Airport District and San Diego County Regional Airport special district) may exercise jointly any power common Authority, which were established by special acts, operate to them. Federal and state governments may also partici- under similar provisions. pate in such agreements. When a “joint exercise of powers agreement” provides for the creation of an agency that is California-Nevada Super Speed Ground separate from the participating governments, a notice of Transportation Commission the agreement must be filed with the Secretary of State. This commission is counted under “Nevada—Special Agencies established under “joint exercise of powers District Governments.” agreements” are known by a wide variety of names. The functions performed by and the powers granted to these Central California Railroad Authority agencies are spelled out in the agreements establishing This authority was created by special act to acquire, oper- the agency. Agencies established under “joint exercise ate, and lease abandoned rail lines from the state. It is of powers agreements” may receive contributions from governed by a board appointed by the councils of govern- participating governments and, if the agreement so pro- ments of member counties. The authority may charge fees vides, fix charges and issue revenue bonds. In California, for its services and issue revenue bonds. councils of government are formed under “joint exercise of powers agreements” and are classified as special district Central Coast Hospital Authority governments. The authority was created by a special act to operate hospi- Agencies resulting from a “joint exercise of powers agree- tal facilities in Monterey County. It is governed by a board ment” between a government and a dependent component of nine members; four who are appointed by the board of agency of that government, for Census Bureau purposes, the Salinas Valley Memorial Hospital District and five of are classified as a dependent agency of the government. whom are appointed by the county board of supervisors. Joint exercise of powers agencies providing education func- The authority may charge fees for its services, issue debt, tions are classified as educational service agencies. and levy a property tax with county and voter approval.
Air Pollution Control Districts Community Services Districts These districts are established by resolution of the boards These districts may provide animal control, airport, cem- of supervisors of two or more counties acting on their own etery, community facility, emergency medical, electric motion or upon petition of voters and after public hearing. power, fire protection and rescue, flood protection, gar- Each district is governed by a regional board consisting of bage collection and disposal, graffiti abatement, street and one or more members who are county supervisors and one highway, hydroelectric power, library, mosquito abatement, or more members who are mayors, city council members, or parks and recreation, police protection, security, sewer, both as determined by the member counties and cities. The street lighting and landscaping, television translator, trans- regional board may set ad valorem taxes and issue bonds. portation, underground utility lines, vector control, and water services and any specially authorized services or any The Antelope Valley Air Quality Management District, the combination thereof. Districts may be proposed either by Bay Area Air Quality Management District, the Mojave petition of residents or following public hearing by adop- Desert Air Quality Management District, the Sacramento tion of a resolution of application by the legislative body Metropolitan Air Quality Management District, and of any county, city, or special district that contains any the South Coast Air Quality Management District were
24 California Governments—Individual State Descriptions territory of the proposed district. Subject to prior approval • Drainage districts—1885 law by the local agency formation commission, districts are • Drainage districts—1903 law established by the county board of supervisors after refer- • Storm water districts—1909 law endum. An elected board of directors governs each dis- trict. The districts may levy taxes, issue bonds with voter • Drainage districts—1923 law approval, and fix rates and charges. • County drainage districts
Districts governed by the county board of supervisors are Under the 1885 law, drainage districts may be created by dependent agencies of the respective county government. the county board of supervisors upon petition. A board of See “Subordinate Agencies and Areas” below. Legislation trustees, elected or appointed, governs each district. The effective in 2006 provides circumstances for transition to districts may levy taxes and special assessments. The 1885 an elected board of directors. law has been repealed, but existing districts may continue to operate under its provisions. County Service Authorities for Freeway Emergencies Under the 1903 law, drainage districts are established by the county supervisors after referendum. A board of Authorities to provide call boxes on freeways are estab- elected directors governs each district. The districts may lished by resolution of the county board of supervisors and levy taxes and special assessments, fix tolls and charges, the city councils of a majority of the cities in the county and may issue bonds with voter approval. The Colusa Basin served. A seven-member board of directors, two mem- Drainage District was established by special act with simi- bers appointed by the county board of supervisors and lar provisions. five selected jointly by the councils of cities in the county, governs each authority. The authority may impose fees and Storm water districts also are created by the county super- issue revenue bonds. visors. A board of elected trustees governs each district. Storm water districts have powers similar to those of drain- The Metropolitan Transportation Commission and the age districts under the 1885 and 1903 laws. Sacramento Area Council of Governments were authorized by statute to function as the service authority for freeway Under the 1923 law, drainage districts are established by emergencies in counties within their service areas. In other the county supervisors upon petition. A board of direc- counties, the county transportation commission or the tors appointed by the county supervisors or elected by the council of governments may be designated as the ser- voters governs the district. The districts may levy taxes vice authority for freeway emergencies. See “Subordinate and special assessments and may issue bonds with voter Agencies and Areas” below. approval. Since 1953, no new districts may be formed under this law but those then in existence may continue to County Transportation Authorities and operate under its provisions. Commissions County drainage districts are similarly established, but California statutes have authorized creation of the follow- without referendum. A board of directors is chosen from ing county transportation authorities or commissions with the governing bodies of the county and the cities in the the power to levy taxes: district. County drainage districts have powers similar to those of drainage districts under the 1885 and 1903 laws. • County transportation authorities • County transportation commissions Drainage improvement districts under the 1919 law and storm drainage maintenance districts are not counted as • Local transportation authorities (general law) separate governments in Census Bureau statistics. See Similar provisions apply to each of these entities. Each is “Subordinate Agencies and Areas” below. created by county resolution after referendum. These dis- tricts plan and coordinate transit services and may provide Fire Districts transit service. The boards consist of appointed represen- Fire protection districts authorized under a 1987 law are tatives of county and municipal governments within the established by the county board of supervisors upon peti- area served. The commissions may receive county and city tion of voters if approved by the local agency formation appropriations and levy sales taxes after voter approval. commission and the voters at referendum. The law pro- Many authorities, subject to referendum, may impose a vides for the establishment of single county, multi-county, sales tax for improvements. single city and multi-city districts to provide fire protec- tion, ambulance, and rescue services. A board of directors, Drainage Districts either elected or appointed by the county supervisors, California statutes authorize the creation of the following governs each district. The board may levy taxes and issue types of districts to provide for drainage of agricultural land: bonds subject to voter approval.
Governments—Individual State Descriptions California 25 Special, local, and multi-county fire districts, which were served. All of the districts may levy taxes and most also organized under earlier laws, were similarly constituted. may levy special assessments. All but the Sacramento River These laws have been repealed, but existing districts may West Side District may issue bonds. Some districts of this continue to operate under their provisions or may reorga- type are subdivided into “zones” for purposes of financ- nize under the 1987 law. ing improvements. Such zones are classified as dependent activities of the parent districts and are not counted as Flood Control and Water Conservation separate governments in Census Bureau statistics. Districts Flood control districts that are governed by the county The following types of districts to provide flood control board of supervisors in an ex officio capacity are not facilities may be established by county boards of supervi- counted as separate governments in Census Bureau statis- sors upon petition of landowners and after public hearing: tics. See “Subordinate Agencies and Areas” below. • Flood control and water conservation districts—1931 Geologic Hazard Abatement Districts law • Levee districts—1905 and 1959 laws These districts are formed to finance the prevention, miti- gation, abatement, or control of land-movement hazards • Protection districts—1880 law resulting from landslides, subsidence, erosion, or earth- Flood control and water conservation districts under the quakes, including mitigation or abatement of structural 1931 law are governed by trustees appointed by the hazards. These districts may be established either by county supervisors. The districts are financed by special resolution of or upon petition to a city or county governing assessments or ad valorem taxes. body after public hearing. The district governing body may be either an elected board or the county or city governing Levee districts under the 1905 law have elected boards of body in an ex officio capacity. The district may levy special trustees. Levee districts under the 1959 law have elected assessments and issue bonds. boards of directors. Both types of levee districts may levy property taxes. Districts governed by the county supervisors or the city governing body in an ex officio capacity are not counted Protection districts formed under the 1880 law have as separate governments in Census Bureau statistics. See elected boards of trustees. The districts may levy special “Subordinate Agencies and Areas” below. assessments and property taxes.
In addition, the following districts have been established Groundwater Management Districts or by special acts to provide flood control facilities: Agencies A number of these districts or agencies have been estab- • American River Flood Control District lished by special acts. Similar provisions apply to each of • Brannan-Andrus Levee Maintenance District these districts. A board of directors either elected by the • City of Marysville Levee District voters or appointed by the county, municipal, and special • Fresno Metropolitan Flood Control District district governments represented governs each district. The districts may impose service charges including charges • Lake County Flood Control and Water Conservation for extraction of groundwater. District • Lassen-Modoc County Flood Control and Water District Highway Districts • Levee District Number One of Sutter County California general law authorizes the following types of • Lower San Joaquin Levee District highway districts: • Napa County Flood Control and Water Conservation • Bridge and highway districts District • Separation of grade districts • Sacramento Area Flood Control Agency • Sacramento River West Side Levee District Bridge and highway districts may be created by ordinance of the county board of supervisors or upon petition of • San Benito County Water Conservation and Flood voters and after local referendum. A board of directors Control District appointed by the county supervisors governs each district. • Yolo County Flood Control and Water Conservation The districts may issue bonds on approval of the vot- District ers, levy taxes, and fix and collect tolls and charges. The Most of these districts are governed by elected boards, but Golden Gate Bridge, Highway and Transportation District the Fresno, Lower San Joaquin, and Yolo County districts was established under this law; it provides transit and ferry have locally appointed boards and the Lassen-Modoc services in addition to operating the Golden Gate Bridge district board consists of supervisors of the two counties and its approaches.
26 California Governments—Individual State Descriptions Separation of grade districts provide overpasses, tunnels, Library Districts and Library Districts in and underpasses. These districts are created by ordinance Unincorporated Towns and Villages of the county board of supervisors after a hearing and a Both types of districts are created by the board of county referendum. A board of commissioners appointed by the supervisors on petition of voters and after referendum. An county board of supervisors governs each district. The elected board of trustees governs each district. The dis- districts may issue bonds upon voter approval and may tricts may issue bonds on voter approval, levy taxes, and levy taxes. accept donations. Districts in unincorporated towns and villages also may establish and operate museums. Hospital Districts or Health Care Districts Hospital districts provide hospital and health care facili- For public libraries operated by union high school districts ties. These districts are created by the board of county and unified school districts, see “Public School Systems” supervisors upon petition of the voters and after a referen- above. dum. An elected board of directors governs each district. Memorial Districts The district may establish rates, levy taxes, and, upon voter approval, levy special assessments and issue bonds. These districts provide and maintain memorial halls, build- ings or meeting places for veterans. These districts are cre- Housing Authorities ated by the board of county supervisors upon petition of These authorities may be established by the city or county voters and after referendum. An elected board of directors governing body on its own initiative or by a petition of administers each district. The districts may issue bonds on residents. In addition, area housing authorities may be approval of the voters and levy taxes. formed by agreements between any two or more counties Military Base Reuse Authorities or cities. A board of commissioners appointed by the mayor or the county governing body governs each authority. In These authorities may be organized under general enabling the case of area housing authorities, two commissioners are legislation if two-thirds of the legislative bodies in counties appointed by the governing body of each member county or and cities eligible for participation pass resolutions in favor city. Each authority may issue bonds, fix rents and charges. of organizing the authority. A board of directors represent- ing each participating county and city is appointed by the Authorities for which the county or city governing body legislative bodies from their membership. Each reuse author- serves as the housing authority commissioners ex officio ity is to plan for, finance, and manage the transition of the or where charter provisions give the county or city gov- military base from military to civilian use. The authority erning body power to raise or lower the housing author- board may levy assessments, reassessments, special taxes, ity budget are not counted as separate governments for and development fees. The authority may issue bonds. Census Bureau purposes. See “Subordinate Agencies and Areas” below. The Fort Ord Reuse Authority was created by special act to convert the former Fort Ord military reservation to produc- Irrigation Districts tive civilian use and to protect the unique environmental These districts are created by the county board of supervi- resources of the area. The 13-member board consists of sors upon petition of landowners and after referendum. In appointees from participating cities and Monterey County. addition to delivery of irrigation water, the districts may The authority may levy assessments and issue bonds. provide domestic water services, sewerage, flood control, The March Joint Powers Authority, created in September and electric power. An elected board of directors governs 1993, was created under a “Joint Exercise of Powers each district. The districts may levy taxes and special Agreement” (see above). assessments, issue bonds with voter approval, and fix rates, fees, and tolls. In several instances, districts orga- Authorities in which a single county or city governing nized under this law have been renamed “water districts.” body serves as the authority governing body ex officio; where authority activities have been organized under the The Palo Verde Irrigation District was established by spe- redevelopment agency of the city or county; or organized cial act to provide drainage, flood control, irrigation, and as a joint powers authority comprising a single county or water supply. The district is governed by an elected board city and a subordinate agency of the county or city are not of trustees. The district may fix water rates, tolls, and counted as separate governments for Census Bureau pur- charges and may levy ad valorem taxes and special assess- poses. See “Subordinate Agencies and Areas” below. ments. It may issue revenue and general obligation bonds with voter approval.
Governments—Individual State Descriptions California 27 Municipal Improvement Districts—Special Port and Harbor Districts Acts California general laws authorize a variety of districts to A number of municipal improvement districts were estab- provide port and harbor facilities: lished by special act. Substantially the same provisions • Harbor districts apply to each of these districts. They may provide a wide range of functions including sewage and garbage disposal, • Port districts water supply, park and recreational facilities, and fire pro- • River port districts tection. An elected board of directors governs each district. • Small craft harbor districts The districts may levy taxes and special assessments, impose charges, and issue bonds with voter approval. All of these districts are established by county boards of supervisors on petition and after a hearing and The Estero Municipal Improvement District is governed by referendum. the city council of Foster City and is therefore not counted as a separate government in Census Bureau statistics. See Harbor districts are governed by a board of five elected “Subordinate Agencies and Areas” below. commissioners. A port district encompasses one incorpo- rated city and may include surrounding territory. A district Pest Control Districts board appointed by the city and county governing bodies governs each district with these exceptions: the Stockton General laws provide for the establishment of seven types Port district board number and composition has special of districts to control insect pests: requirements, the Santa Cruz district has an elected board, • Citrus pest control districts and districts in Ventura County have city-appointed boards.
• Mosquito abatement or vector control districts River port districts are each governed by a board of com- • Napa County winegrape pest and disease control missioners appointed by the governing bodies of the coun- districts ties and the largest city in the districts. • Olive, stone, and pome fruit pest control districts Small craft harbor districts are governed by boards of five • Pest abatement districts elected directors. • Table grape pest and disease control districts The Humboldt Bay Harbor Recreation and Conservation • Winegrape pest and disease control districts District and the San Diego Unified Port District were created Each of these types of districts may be created by the by special acts with provisions similar to the general laws county board of supervisors upon petition and after a above. The Humboldt Bay district has an elected board and public hearing. A board of trustees appointed by the county the San Diego district board is appointed by the city coun- supervisors governs each district. Citrus pest control dis- cils of the cities in the district. tricts and stone and pome fruit pest control districts may All port and harbor districts organized under the above levy special assessments and ad valorem taxes. Mosquito provisions may levy property taxes, fix charges, and issue abatement or vector control districts may include territory bonds upon voter approval. in incorporated cities with the governing bodies of the cit- ies also appointing district trustees. Table grape pest and Harbor improvement districts are governed by the county disease control districts may recommend assessments to board of supervisors and are therefore not counted as the county supervisors. Mosquito abatement, pest abate- separate governments for Census Bureau purposes. See ment, and vector control districts may levy property taxes. “Subordinate Agencies and Areas” below.
Police Protection Districts (in unincorporated Public Cemetery Districts towns) Public cemetery districts are established by the county These districts are established to provide police protection board of supervisors on petition of landowners and after a within unincorporated towns by the county board of super- hearing and a referendum. A board of trustees appointed visors upon petition of residents after a public hearing. An by the county supervisors governs each district. These dis- elected board of commissioners governs each district. The tricts may levy property taxes and charge fees for services. districts may levy taxes. A 1959 amendment prohibited creation of additional districts under this law, but those Reclamation Districts already in existence may continue to operate under its Reclamation districts are authorized by general law and provisions. Police protection districts in other unincorpo- are created by the board of county supervisors on petition rated territories operate under similar provisions, with the of landowners. An elected board of trustees governs each exception that the board of supervisors serves as the ex district. The districts may levy special assessments, fix and officio district directors. collect rates and charges for provided services, and issue
28 California Governments—Individual State Descriptions bonds upon voter approval. Reclamation districts estab- Resort Improvement Districts lished by special acts have provisions similar to districts These districts provide fire protection, mosquito abate- established under general law. ment, parking facilities, police protection, recreation, Recreation and Park Districts refuse collection, sewerage, streets, and water supply in unincorporated resort areas. These districts are estab- California statutes provide for the following types of dis- lished by the county board of supervisors upon petition of tricts to provide recreation and park facilities: landowners and after a referendum. An elected board of directors governs each district. Districts may fix rates and • Recreation and park districts charges, levy taxes, and, upon voter approval, issue bonds. • Regional park, open space, and park and open space Since 1965, no new districts may be formed under this law, districts but those then in existence may continue to operate under Recreation and park districts are established after a public its provisions. hearing and referendum by city or county governing bod- ies either on their own initiative or upon petition of vot- Resource Conservation Districts ers. The directors of the district may be elected or may be These districts to provide soil and water conservation appointed by mayors or county supervisors. The districts services are established by the board of county supervisors may levy taxes and may issue bonds with voter approval. upon petition of landowners and after hearing and referen- dum. An elected or appointed board of directors governs Regional park, open space, and park and open space dis- each district. The districts may levy taxes and charge fees tricts are established by the board of supervisors of one or for services. Similar provisions apply to the Tahoe, Suisun more counties upon petition and after hearing and referen- and Ventura County resource conservation districts, which dum. An elected board of directors governs each district. were established by special acts. The districts may levy taxes and may issue bonds with voter approval. Local improvement districts may be created within a resource conservation district as dependent activities of The Lake Cuyamaca Recreation and Park District was the parent district. They are not counted as separate gov- established by a 1961 special act subject to referendum to ernments for Census Bureau purposes. provide parks and recreational services. A board appointed by the San Diego County Board of Supervisors governs the Sacramento Ballpark Authority district. The district may levy taxes and issue bonds with the approval of the voters. The authorizing legislation for this entity was repealed in 2008. The Mount San Jacinto Winter Park Authority was autho- rized by a special act to build and operate a ski resort. Its San Francisco Bay Area Water Emergency board members are appointed by the Governor and the city Transportation Authority and county governing bodies. The authority may fix rates Created by special act in 1999, this authority is responsible and tolls. for the planning and provision of new or expanded high The Santa Clara County Open Space Authority was cre- speed ferry services and intermodal ground transportation ated by a special act to preserve open space in Santa Clara services including terminals, feeder bus service, and park- County. A board of directors, initially appointed by the ing facilities. The authority is governed by a five-member county supervisors but thereafter elected, governs the board consisting of three members appointed by the authority. The authority may levy a special tax on devel- Governor, one by the Senate Committee on Rules, and one oped property and issue bonds. by the Speaker of the Assembly. Authority revenues include annual state appropriations, fees and fares for transit and The Mountain View Shoreline Regional Park Community other services, and grants and gifts. The authority may is governed by the city council of Mountain View and is issue revenue bonds. therefore not counted as a separate government for Census Bureau purposes. Sanitation and Sewer Districts In 1997 the Coachella Valley Mountains Conservancy The following types of districts to provide sewerage and/or in Riverside County and the Santa Monica Mountains solid waste disposal are authorized by general law: Conservancy in Ventura and Los Angeles counties were classified as special districts. Beginning in 2002, these • Garbage and refuse disposal districts entities are classified as dependent activities of the state • Sanitary districts—1923 and 1891 laws of California and are not counted as separate governments • County sanitation districts (in Los Angeles and Orange for Census Bureau purposes. See “Subordinate Agencies Counties only) and Areas” below.
Governments—Individual State Descriptions California 29 Garbage and refuse disposal districts are established by taxes. Some districts also may levy retail sales taxes. Most the county board of supervisors. A board of directors is of the districts may issue revenue bonds without voter appointed by the supervisors. The district may levy taxes, approval and general obligation bonds with voter approval. fix charges, and issue bonds upon voter approval. There also are other agencies involved in transportation Sanitary districts under the 1923 law are created by the that are established under “joint exercise of powers agree- county supervisors upon petition of landowners and after ments” (see above). hearing and referendum. A board of elected directors gov- erns each district. The districts may levy taxes, fix charges, Utility Districts and issue bonds on voter approval. Similar provisions California statutes authorize creation of the following types apply to districts organized under the 1891 law. Since of utility districts: 1939, no new districts may be formed under the 1891 law, but those already in existence may continue to operate • Municipal utility districts under its provisions. • Public utility districts
Sanitary improvement districts created by sanitary districts These districts are formed by the county supervisors on are dependent activities of the parent district. They are not petition of voters (or of public agencies, in the case of counted as separate governments for Census Bureau pur- public utility districts) after a hearing and a referendum. poses. See “Subordinate Agencies and Areas” below. The districts may provide any combination of water, electricity, transportation, telephone service, sewerage, The Los Angeles County and Orange County sanitation refuse disposal, fire protection, and recreation services. districts are counted as single special district governments A board of directors governs each district. The districts for Census Bureau purposes. In each of these two counties, may levy taxes, fix charges, and issue bonds with voter the districts are governed by boards composed of city and approval. The Donner Summit Public Utility District and the county officials. The districts may issue bonds upon voter Olivehurst Public Utility District were created by special approval and levy taxes. In each of these two counties, the acts with similar provisions. operations of the individual districts are closely integrated, with the same engineering and administrative staff and Water Supply and Water Conservation common sewage treatment plant and outfall lines. Districts Other county sanitation districts in California are not California general laws authorize a variety of districts to counted as separate governments. Similarly, municipal provide water supply and/or conservation as noted below: sewer districts under the 1911 law, sewer districts in unin- corporated territory under the 1899 law, and sewer main- • “California” water districts (irrigation and domestic tenance districts are not counted as separate governments. water supply; also sewerage) See “Subordinate Agencies and Areas” below. • County water authorities—1943 law (irrigation and domestic water supply) The following districts were authorized by special acts to provide sewerage services: • County water districts (irrigation and domestic water supply; also sewerage and electric power) • Fairfield-Suisun Sewer District • County waterworks districts (irrigation and domestic • Tahoe-Truckee Sanitation Agency water supply) • Vallejo Sanitation and Flood Control District • Metropolitan water districts (water supply and electric power) Each of these districts is governed by a board chosen by local officials. These districts may each levy taxes, fix • Municipal water districts (domestic water supply; also charges, and issue bonds on voter approval. sewerage and electric power) • Water conservation districts—1927 law (irrigation and Transit Districts water conservation) These districts are authorized by special acts or by general • Water conservation districts—1931 law (irrigation, laws subject to referendum. Most of these districts are gov- water conservation, and water supply; also sewerage) erned by boards of directors appointed by the governing • Water replenishment districts (replenishment of under- bodies of the cities and counties in the district but some ground water) districts have elected boards. The Tahoe Transportation • Water storage districts (water storage and distribution; District also serves portions of Nevada; its board members also electric power) consist of members of the governing bodies of California and Nevada counties and cities in the district, plus the Substantially uniform provisions apply to each of these directors of the state departments of transportation of ten types of districts. Each is created by resolution of the California and Nevada. Most districts may levy ad valorem county board or other participating agency, usually upon
30 California Governments—Individual State Descriptions petition, and after referendum. The districts have elected than all of a county, and for which a tax may be levied boards of directors, except for the county water authori- against the assessed value of property in the area served. ties, county waterworks districts, and metropolitan water California Educational Facilities Authority (state)— districts, which have appointed boards. A few districts This authority assists private colleges and universities in have been authorized by special act to perform additional financing building projects and finances student loans. It functions. All of these districts may fix charges and levy is governed by a board composed of the state director of special assessments, and all except water storage districts finance, the state controller, and the state treasurer plus two may levy property taxes. All except water conservation members appointed by the Governor. The authority may districts formed under the 1927 law may issue bonds on lend money to institutions, lease facilities to institutions, voter approval. finance or purchase student loans, and issue revenue bonds. In addition, a number of districts were created by special California Health Facilities Financing Authority acts to provide water for domestic use, irrigation, or waste- (state)—This authority was established to finance con- water management; some of these districts also may pro- struction of health facilities. The governing board is vide sewerage, electric power, and flood control facilities. composed of the state treasurer, the state controller, and Most of these agencies have elected boards. Exceptions are the director of finance plus members appointed by the the Orange County and Santa Clara Valley Water Districts, Governor, the assembly speaker, and the Senate Rules which have some appointed members on their boards; the Committee. It may issue revenue bonds, make loans, and Bay Area Water Supply and Conservation Agency whose lease facilities. members are appointed by the participating political sub- divisions; and the Yuba-Bear River Basin Authority, which California Housing and Infrastructure Finance has directors appointed by the participating counties. All Agency (state)—This agency was established to assist districts may fix charges, levy property taxes, and issue housing development. The governing board is composed bonds on voter approval. of the State Treasurer, the Secretary of the Business, Transportation and Housing Agency, the Director of County water agencies that are governed by the county Housing and Community Development, six members board of supervisors in an ex officio capacity are not appointed by the Governor, one member appointed by the counted as separate governments for Census Bureau pur- Speaker of the Assembly, and one member appointed by poses. See “Subordinate Agencies and Areas” below. the Senate Rules Committee. The agency may make loans Watermaster Districts to developers and mortgage lenders and may issue rev- enue bonds. These districts are created by special acts to provide watermaster services for a specific area. The districts are California Infrastructure and Economic Development governed by boards consisting of members elected by Bank (state)—This agency, created by legislation in 1994, owners of water rights and members appointed by the provides financing for business development and public county board of supervisors. The districts may charge fees improvements. The bank has authority to issue tax-exempt for services. and taxable revenue bonds, provide financing to public agencies, provide credit enhancements, acquire or lease SUBORDINATE AGENCIES AND AREAS facilities, and leverage state and federal funds.
Shown below are various governmental designations in California Pollution Control Financing Authority California that have certain characteristics of governmental (state)—This authority was established by act of the units but which are classified in Census Bureau statistics as legislature to finance and lease pollution control and subordinate agencies of the state or of local governments resource recovery facilities. The authority board consists and are not counted as separate governments. Legal provi- of the director of finance, the state controller, and the state sions for some of the larger of these are discussed below treasurer who serve in an ex officio capacity. The author- (See “Public School Systems” above regarding educational ity may fix rates, rents, fees and charges and may issue agencies of this nature). revenue bonds.
Among the subordinate agencies and areas listed below, California School Finance Authority (state)—This some represent “special taxing areas” within the territory of authority was established by 1985 legislation to finance an established government. This method of financing addi- the construction of school buildings. The authority board tional services in limited areas by property taxation, while consists of the state treasurer, the director of the state also used by some municipal and township governments department of finance, and the state superintendent of in a few states, is more widely utilized by county govern- public instruction, who serve in an ex officio capacity. The ments. In the listing below of authorized county-related authority may lend money, fix rentals and other charges, agencies, an asterisk (*) appears for each entity of this and issue revenue bonds. kind—i.e., any that may individually serve a portion, rather
Governments—Individual State Descriptions California 31 California Transportation Commission (state)—This Other examples include: commission is the successor agency to the California Toll State Bridge Authority. In addition to formulating statewide transportation plans, it also directs the Department of Baldwin Hills Conservancy Transportation in the operation of state toll highway cross- California Alternative Energy and Advanced Transportation ings. The nine-member commission is appointed by the Financing Authority Governor. It may issue revenue bonds and may fix tolls California Consumer Power and Conservation Financing and charges. Authority Community facilities districts (local agency)— California Earthquake Authority Districts may be formed by any city, county, special California Fiscal Recovery Financing Authority district, school district, or joint powers authority, following resolution of the governing body and public hearing and California Health Benefit Exchange subject to referendum approving both the levy of a special California High-Speed Rail Authority tax and a proposition to establish or change the allowable California Housing Partnership Corporation expenditure from tax proceeds. Districts are formed to California Independent System Operator Corporation issue debt for the purpose of providing services in addition to those previously provided by the district or to finance California Passenger Rail Financing Commission the purchase, construction, expansion, or rehabilitation of California Public Capital Improvements Financing Authority public facilities. California State University and Colleges Headquarters Community redevelopment agencies (county or Building Authority municipal)—Effective February 1, 2012, all community California Tahoe Conservancy redevelopment agencies were abolished by the state California Transportation Financing Authority legislature. California Urban Waterfront Area Restoration Financing County flood control and flood water conservation Authority districts and county water agencies (county)—These Coachella Valley Mountains Conservancy districts are established by special acts. If they are admin- Consumer Motor Vehicle Recovery Corporation istered by the county board of supervisors in an ex officio Delta Stewardship Council (formerly the California Bay- capacity, they are not counted as separate governments for Delta Authority) Census Bureau purposes. Such districts may levy taxes and issue bonds after referendum. For flood control and water Emergency Medical Services Authority conservation districts or water supply and water conser- Golden State Tobacco Securitization Corporation vation districts that are governed by a separate board of Sacramento and San Joaquin Drainage District trustees, see “Special District Governments” above. Salton Sea Restoration Council Nonprofit public benefit corporations (county, munic- San Diego River Conservancy ipal, or other)—Nonprofit public benefit corporations to San Gabriel and Lower Los Angeles River and Mountains provide public facilities or services may be established by Conservancy filing articles of incorporation with the Secretary of State. San Joaquin River Conservancy A board of directors, composed as specified in the articles of incorporation, governs each corporation. The corpora- San Joaquin Valley Quality Cotton District (formerly One tion may fix fees and other service charges and may issue Variety Cotton District) revenue bonds. Santa Monica Mountains Conservancy
Nonprofit public benefit corporations are not counted Sierra Nevada Conservancy as separate governments for Census Bureau purposes; State Assistance Fund for Enterprise, Business and they are classified as dependent agencies of the county, Industrial Development Corporation municipal, school district, or special district government State Coastal Conservancy they serve if they file reports with the state controller and Surface mining and reclamation districts meet one or more of the following statutory requirements: (1) the corporation was created by governmental entities County under a “joint exercise of powers” agreement, (2) the cor- *Acquisition and improvement districts (county) poration has issued tax-exempt bonds to finance facilities subject to a lease to or agreement with a local govern- Air pollution control districts (single county) ment, and/or (3) the corporation is wholly owned by a local *Boulevard districts government. Community energy authorities (county)
32 California Governments—Individual State Descriptions *Community rehabilitation districts (county) *Road districts Community services districts (ex officio boards) Road maintenance districts Cotton pest abatement districts Sacramento Metropolitan Air Quality Management District *County drainage districts (ex officio boards) Sewer districts in unincorporated territory—1899 law *County maintenance districts *Sewer maintenance districts County regional justice facilities planning agencies (general Sonoma County Dental Health Authority law and special acts) Storm drainage districts (Contra Costa County) *County sanitation districts (except in Los Angeles and *Storm drain maintenance districts—1937 law Orange Counties) *Street lighting districts—1919 law *County service areas Unified air pollution control districts County service authorities for freeway emergencies (gov- *Vehicle parking districts—1943 law (county) erned by the county transportation commission) Water authorities (county) County special health care authorities (Monterey and Santa Barbara counties) Municipal
*County waterworks districts with ex officio boards *Acquisition and improvement districts (city) *Drainage improvement districts—1919 law Community energy authorities (municipal) El Dorado County Toll Tunnel Authority *Community rehabilitation districts (municipal) Fire protection districts (ex officio boards) Estero Municipal Improvement District Flood control maintenance areas Flood control maintenance areas (city) *Garbage disposal districts Geologic hazard abatement districts (ex officio boards) Geologic hazard abatement districts (ex officio boards) (municipal) (county) Highway interchange districts (municipal) *Harbor improvement districts Housing authorities (ex officio boards) (city) Highway interchange districts (county) Industrial development authorities (city) *Highway lighting districts *Infrastructure financing districts (city) Housing authorities (ex officio boards) *Infrastructure financing districts in the Border Industrial development authorities Development Zone (city) *Infrastructure financing districts (county) *Integrated financing districts (city) *Infrastructure financing districts in the Border Landscaping and lighting assessment districts (city) Development Zone (county) Local housing finance authorities (city) *Integrated financing districts (county) Military base reuse authorities (ex officio boards) (city) Joint county road camp districts Mountain View Shoreline Regional Park Community Landscaping and lighting assessment districts (county) Municipal building commissions Local housing finance agencies Municipal lighting maintenance districts Local improvement districts—resource conservation or *Municipal maintenance districts irrigation Municipal park improvement districts Military base reuse authorities (ex officio boards) Municipal water districts—1935 law (county) Open space maintenance districts (city) *Open space maintenance districts *Parking and business improvement areas (city) *Parking and business improvement areas (county) Parking authorities—1949 law (city) Parking authorities—1949 law Parking districts—1951 law Permanent road divisions Recreation and park districts (ex officio boards) (city) *Property and business improvement districts—1994 law San Francisco Municipal Railway *Protection districts—1895 law San Francisco Port Commission *Recreation and park districts (ex officio boards) Sanitary improvement districts (ex officio boards) (city) Regional planning districts (joint county) Small craft harbor districts (single city) *Resort improvement districts (ex officio boards) *Street lighting districts—1919 law
Governments—Individual State Descriptions California 33 Vehicle parking districts—1943 law (city)
California laws also provide for various types of local areas for election purposes and administration of justice.
34 California Governments—Individual State Descriptions Colorado
Colorado ranks eleventh among the states in number of the secretary of state if in two or more counties, and voter local governments with 2,905 active as of June 30, 2012. approval. An elected board of trustees governs each junior college district. These districts may levy ad valorem taxes COUNTY GOVERNMENTS (62) and, with voter approval, issue general obligation bonds. The entire area of the state is encompassed by county gov- Most junior colleges are, however, part of the state system ernment, except for two consolidated city-county govern- of higher education and are not counted as separate gov- 1 ments (see “Municipal Governments,” below). In Colorado ernments for Census Bureau purposes. counties, the governing body is called the board of county Dependent Public School Systems (0) commissioners. Counties may operate under home rule charters. Colorado has no dependent public school systems.
SUBCOUNTY GENERAL PURPOSE Other Educational Activities GOVERNMENTS (271) Area vocational districts are created upon petition of vot- Municipal Governments (271) ers to one or more counties after voter approval. These districts are administered by a board of control consisting Municipal governments in Colorado are the cities and of the local junior college district board ex officio plus one the towns. The consolidated city-county governments of member appointed by the board of education from each Denver and Broomfield operate primarily as cities and are school district served. Each district may impose an ad counted as municipal governments. New cities must have valorem property tax. The area vocational districts are clas- a population of at least 2,000. Cities and towns having sified as joint educational service agencies of the school a minimum population of 2,000 may adopt home-rule districts served or as adjuncts of a school district; the charters. In addition, City of Georgetown operates under a districts are not counted as separate governments. territorial charter granted by the legislature of the former Colorado Territory before 1876. Boards of cooperative educational services may be estab- lished by two or more school districts or by a school Township Governments (0) district and a postsecondary institution. Each board’s com- position is specified by the creating agreement. Revenues Colorado has no township governments. consist of appropriations from participating school districts PUBLIC SCHOOL SYSTEMS (180) and state and federal grants. These boards are classi- fied as joint educational service agencies of the partici- School District Governments (180) pating school districts and are not counted as separate governments. The following types of school districts in Colorado are counted as separate governments for Census Bureau The state is divided into twelve regional service areas. Each purposes: area includes at least two school districts and one board of cooperative services. Other education organizations may • School districts participate. The areas may provide shared programs and • Junior college districts purchases. Each area is administered by a locally appointed • Affiliated junior college districts regional service council. The council may submit requests for state grants to conduct programs. Each school district is governed by an elected board of education. School districts may levy ad valorem taxes for School district libraries serving the public were created school purposes and, after voter approval, may issue gen- prior to July 1, 1979. A board of trustees appointed by eral obligation bonds. the school district governs each library. The libraries are funded through a voter-approved property tax. School Junior college districts may be organized in areas meeting district libraries are classified as subordinate agencies of certain criteria and approved for organization by the state the school districts served and are not counted as separate board of community colleges and occupational education. governments for Census Bureau purposes. Establishment requires voter petition to the county, or to
Governments—Individual State Descriptions Colorado 35 SPECIAL DISTRICT GOVERNMENTS (2,392) Cherry Creek Basin Water Quality Authority Colorado statutes authorize the creation of a variety of This authority was formed by 1988 legislation to pro- special districts or authorities that are counted as govern- vide water pollution control in the Cherry Creek basin in ments. These are discussed in detail below. Arapahoe and Douglas Counties. The authority is governed by a board of directors representing the participating Airport Authorities counties, cities, and special districts, plus seven members Combinations of cities, towns, or counties acting appointed by the Governor. The authority may fix rates, jointly may establish an airport authority by resolution. tolls, fees, and charges; levy ad valorem taxes and special Additionally, the general assembly may authorize the assessments; and issue revenue or assessment bonds. governor, on behalf of the state, to join with local govern- Conservation Districts ments in establishing an airport authority. Each authority is administered by a board of commissioners appointed by These districts are established on order of the state con- the governing bodies of the sponsoring governments and servation board upon petition of landowners to the state the governor with the approval of the Senate, if the state and after hearing and landowner referendum. A board of government is a member of the authority. The number and supervisors elected by landowners governs each district. apportionment of board members are determined in the The districts may levy benefit assessments and ad valorem initiating resolution. Airport authorities may fix rentals, taxes after voter approval. charges, and fees, and may issue revenue bonds. Denver Health and Hospital Authority Airport authorities established by a single county are not counted as separate governments. See “Subordinate This authority was created by special act to provide health Agencies and Areas” below. and emergency services to Denver. The authority is gov- erned by a board of directors appointed by the mayor of Ambulance Districts Denver with the agreement of the Denver city council. The authority may issue revenue bonds. These districts serve one or more municipalities or coun- ties. The districts are established by order of the district Denver Metropolitan Scientific and Cultural court following voter (resident and landowner) petition, Facilities District resolution of the applicable local governments, public hear- ings, and referendum. A board of directors elected by resi- Authorized by special act and created by referendum dents and landowners governs each district. The districts in 1988, this district provides funding for scientific and may levy ad valorem taxes, fix fees and charges, and issue cultural organizations within an area that includes all of revenue bonds. The voters may authorize the power to the counties of Adams, Arapahoe, Boulder, and Jefferson; issue general obligation bonds by the creating referendum. the city and county of Broomfield; the city and county of Denver; and most of Douglas County. The district is Authorities Established Under governed by a board of directors appointed by the mem- Intergovernmental Agreements ber governments, plus four members appointed by the Governor. Subject to voter approval, the district may levy a These authorities may be established by agreement sales and use tax. between any two or more governments for any functions that the participating governments may perform. The Drainage Districts composition of the authority governing body is specified in the agreement establishing the authority. The revenue pow- Drainage districts are created by order of the board of ers of the authority are also spelled out in the agreement. county commissioners upon landowner petition and after a Authorities established under this law may be known by a hearing and landowner referendum. However, if the desig- variety of names. nated district area is unoccupied, an election is not needed. A board of directors elected by landowners governs each Cemetery Districts district. The districts may levy benefit assessments and, after voter approval, may issue bonds. The districts may be established by the board of county commissioners upon petition of property owners. The Grand Valley Drainage District was established by a 1923 county commissioners appoint a three-member board of special act. It is governed by an elected board of directors. directors to govern each district. These boards may set and The district may levy ad valorem taxes and issue general levy ad valorem taxes. obligation bonds upon voter approval.
Cemetery districts that encompass the entire county and Fire Protection Districts are also financed solely by county appropriations are not counted as separate governments. See “Subordinate These districts serve one or more municipalities or coun- Agencies and Areas” below. ties. The districts are established by order of the district
36 Colorado Governments—Individual State Descriptions court following voter (resident and landowner) petition, referendum. A board of directors elected by resident and resolution of the applicable local governments, public hear- taxpaying voters governs each district. The districts may ings, and referendum. A board of directors elected by resi- levy ad valorem taxes, fix fees and charges, and issue rev- dents and landowners governs each district. The districts enue bonds. The voters may authorize the power to issue may levy ad valorem taxes, fix fees and charges, and issue general obligation bonds at the creating referendum. With revenue bonds. The voters may authorize the power to voter approval, the districts may levy a sales tax. issue general obligation bonds at the creating referendum. Health Service Districts Forest Improvement Districts These districts provide health care facilities and ambulance These districts serve one or more municipalities or coun- service. These districts serve one or more municipalities ties. The districts are established by resolution or ordi- or counties. The districts are established by order of the nance of the applicable local governments and referendum district court following voter (resident and landowner) peti- of resident voters and taxpaying voters. Each board of tion, resolution of the applicable local governments, public directors includes members appointed by the member hearings, and referendum. A board of directors elected by governments plus one director appointed by each of the resident and taxpaying voters governs each district. The following: the state forest service, an environmental orga- districts may levy ad valorem taxes, fix fees and charges, nization, a conservation district within the district, a water and issue revenue bonds. The voters may authorize the conservancy district within the district, and a federal land power to issue general obligation bonds at the creating management agency. The districts may levy ad valorem referendum. With voter approval, the districts may levy a taxes; fix fees and charges; and issue revenue bonds. The uniform sales tax. voters may authorize the power to issue general obligation bonds at the creating referendum. With voter approval, dis- Housing Authorities tricts may levy a uniform sales tax throughout the district. Colorado statutes authorize municipal and county hous- ing authorities. An individual county or municipality may Fountain Creek Watershed, Flood Control, and establish a housing authority through resolution of its Greenway District governing body upon resident petition and after a public This district was created by special act. The authority hearing. Housing commissioners are appointed as specified addresses environmental water issues and provides rec- in the creating or amending resolution. The authorities may reation. The district is governed by a board of directors issue revenue bonds, and may fix and collect rentals. consisting of one director appointed by the Pueblo County Multijurisdictional housing authorities may be formed by commissioners; one appointed jointly by the Colorado contract of a combination of counties or municipalities. Springs city council and the El Paso County commissioners; These authorities are governed by boards of directors for one appointed jointly by the Pueblo city council and the which the composition is determined by the participat- Pueblo County commissioners; one appointed jointly by ing governments. The authorities may issue revenue and the two counties’ commissioners; plus one ex officio mem- general obligation bonds, and may charge and collect ber from each of the aforementioned local governments. rentals. Subject to voter approval, the authorities may levy The district may levy ad valorem taxes, service fees, and ad valorem taxes, sales and uses taxes, or development special assessments. The district may issue bonds subject impact fees. to voter approval. Authorities in which the city or county governing body Ground Water Management Districts serves as the housing commissioners in an ex officio These districts are established by the state ground water capacity are not counted as separate governments. See commission upon petition of landowners and after public “Subordinate Agencies and Areas” below. hearing and landowner referendum. A board of directors elected by landowners governs each district. The district Irrigation Districts may levy ad valorem taxes and special assessments and, Districts to provide irrigation and drainage facilities are with voter approval, may issue bonds. authorized under three laws: the laws of 1905, of 1921, and of 1935. The 1935 law was repealed, but any district then Health Assurance Districts in existence could continue to operate under its provisions. These districts directly or indirectly provide health care Under the 1905 and 1921 laws, irrigation districts are cre- services to residents and their family members. These ated by the board of county commissioners upon petition districts serve one or more municipalities or counties. The of landowners and after landowner referendum. Boards of districts are established by order of the district court fol- directors elected by landowners govern all three types of lowing voter (resident and landowner) petition, resolution districts. The districts formed under the 1905 and 1921 of the applicable local governments, public hearings, and laws may issue revenue bonds with voter approval and may levy a special acreage assessment, as well as fix and collect
Governments—Individual State Descriptions Colorado 37 charges for their facilities. Districts formed under the 1935 districts may levy ad valorem taxes, fix fees and charges, law may fix charges for their facilities and services, and may and issue revenue bonds. The voters may authorize the issue revenue bonds but may not levy taxes. power to issue general obligation bonds at the creating referendum. Subject to voter approval, districts organized Library Districts with street improvement, safety protection, or transporta- Library districts may be formed by resolution or ordinance tion powers may levy a sales tax within that part of the upon initiation of one or more counties, municipalities, or district that is not within the boundaries of an incorporated school districts, or upon voter petition. Alternately, a refer- municipality. endum may be held upon voter petition. A public hearing Metropolitan Football Stadium District is required. A board of trustees appointed by the creating governments governs the districts. Districts may levy ad This district was created by 1996 legislation to finance valorem taxes and may issue general obligation bonds, and construct a National Football League stadium in the both of which are subject to voter approval. Denver area. The district is governed by a board of nine directors with one each appointed by the governing bod- Regional library authorities may be created by contract of ies of the counties of Adams, Arapahoe, Boulder, Douglas, any combination of two or more counties, municipalities, and Jefferson, one appointed by the city of Denver, two school districts, or library districts; passage of resolutions appointed by the Governor, and the chair of the Denver or ordinances by same; and after public hearing. The reso- Metropolitan Major League Baseball Stadium District serv- lution or ordinance of each member government shall spec- ing ex officio. The district may fix rents, fees, rates, tolls, ify the authority governance. Subject to voter approval, and charges, and upon voter approval, may issue special authorities may levy a sales or use tax, levy an ad valorem obligation bonds and collect a sales tax. tax, and issue revenue and general obligation bonds.
Library capital facilities districts may be created by a Metropolitan Sewage Disposal Districts library district board, which serves ex officio as the gov- The governing body of any municipality, sanitation district, erning body. These districts are not counted as separate water and sanitation district, or other public entity autho- governments but as dependent activities of the creating rized to provide sewer service may enact an ordinance library districts. designating the governmental units to be included in a proposed metropolitan sewage disposal district. After the School district libraries are discussed under “Other units pass ordinances, and after a public hearing, a cer- Educational Activities” above. tificate of incorporation is filed with the division of local Mental Health Care Service Districts government in the state department of local affairs. The district board of directors is appointed by the executives These districts serve one or more municipalities or coun- of participating governmental units with the approval of ties. The districts are established by order of the district the governing bodies of the same. Apportionment of board court following voter (resident and landowner) petition, members is based on various population criteria. These resolution of the applicable local governments, public hear- districts may levy ad valorem taxes during the first five ings, and referendum. Districts include all of the territory years of the existence of the district, fix rates and charges of one or more municipalities or counties. A board of direc- for services, and issue revenue and general obligation tors elected by resident and taxpaying voters governs each bonds after voter approval. The Metropolitan Wastewater district. The districts may fix fees and charges, and issue Reclamation District and the Lower Fountain Metropolitan revenue bonds. The voters may authorize the power to Sewage Disposal District were created under this law. issue general obligation bonds at the creating referendum. With voter approval, a district may levy a uniform sales tax. Park and Recreation Districts
Metropolitan Districts These districts provide parks and recreational facilities or television relay and translator facilities. These districts These districts may provide any two or more of the follow- serve one or more municipalities or counties. The districts ing services: domestic water, sanitation, solid waste col- are established by order of the district court following lection and disposal, fire protection, parks and recreation, voter (resident and landowner) petition, resolution of the public transportation, safety protection, mosquito control, applicable local governments, public hearings, and referen- street improvements, and television relay and translator dum. A board of directors elected by resident and taxpay- facilities. These districts serve one or more municipalities ing voters governs each district. The districts may levy ad or counties. The districts are established by order of the valorem taxes; fix fees and charges for services; and issue district court following voter (resident and landowner) peti- revenue bonds. At the creating referendum, the voters may tion, resolution of the applicable local governments, public authorize the power to issue general obligation bonds. hearings, and referendum. A board of directors elected by resident and taxpaying voters governs each district. The
38 Colorado Governments—Individual State Descriptions Power Authorities and issue revenue and general obligation bonds upon voter approval. The Ouray County Regional Service Authority was These authorities are established by contractual agreement created under this law. between any combination of municipalities that own and operate electric power systems. The contracts may include Special taxing districts and local improvement districts municipalities of any adjoining state. A board of direc- established by a regional service authority are classified as tors governs each authority; the number and the method dependent agencies of the authority and are not counted of appointment of directors are specified in the contract. as separate governments. Power authorities may fix and collect fees, rates, and charges, and may issue revenue bonds. Regional Transportation Authorities Any combination of two or more municipalities and/ Public Highway Authorities or counties or any combination of one or more special Authorities to finance beltways in metropolitan areas may districts organized with street improvement, safety protec- be established by contract between two or more county tion, or transportation powers and one or more munici- or municipal governments. The state, with approval of the palities and/or counties by contract and subject to public governor, may be a party to the contract. A board of direc- hearings and voter approval, may create a regional trans- tors includes at least one elected official from each mem- portation authority. The state government may, with guber- ber county or municipality, and, if the state government natorial approval, participate in the contract. Each authority is a party, at least one director appointed by the governor is governed by a board of directors composed of elected with consent of the senate. The authority may fix fees, officials from each member government. If the state is a tolls, rates, and charges for use of its highways, may issue party to the contract, the Governor appoints one or more revenue bonds, impose highway expansion fees on build- additional directors. An authority may fix and collect fees, ing permits issued within authority boundaries, and, after charges, and tolls; impose a sales and use tax; impose voter approval, impose motor vehicle registration fees. motor vehicle registration fees; impose a tax on overnight rooms or accommodations; and may issue revenue bonds. Local improvement districts may be created by public An amendment in 2009, to be repealed effective January highway authorities. These districts are governed by 1, 2019, also authorizes an ad valorem tax on all taxable the authority board and are not counted as separate property within the territory of the authority. Actions to governments. establish or increase any tax and to issue bonds are subject Pueblo Depot Activity Development Authority to voter approval. This authority was established by a special act to develop Local improvement districts established by regional trans- and manage the area encompassed by a former United portation authorities are governed by the authority board States military base. It is governed by a seven-member and are not counted as separate governments. board of directors appointed by both the city and county of Pueblo. The authority may fix fees, rents, and charges Regional Transportation District (Denver) for its services and facilities. The authority also may issue This district, authorized by a 1969 law, operates the transit revenue bonds. system in Denver and surrounding counties. It is governed by an elected board. The district receives revenue from Regional Service Authorities charges for services and facilities; ad valorem tax levies, These authorities are established by the district court upon and with voter approval, sales tax levies; and grants. The petition of voters or resolution of a majority of the munici- board may issue revenue bonds. pal and county governing bodies in the proposed area, and after hearing and referendum. The service area, except in Urban Drainage and Flood Control District (Denver) the Denver metropolitan area, includes one or more entire counties. The authorities may provide a variety of ser- This district was authorized by a 1969 special act to serve vices: water treatment and distribution; drainage and flood the city and county of Denver; the city and county of control; sewage treatment; parks and recreation; transpor- Broomfield; and the counties of Adams, Arapahoe, Boulder, tation; solid waste collection and disposal; libraries; fire Douglas, and Jefferson. An appointed board of directors protection; medical facilities; cultural facilities; housing; comprised of local officials of member cities and counties weed and pest control; management services for local gov- governs the district. The district’s governing board may ernments; gas or electric services; jails; and land conserva- fix and collect rates and charges, and levy benefit assess- tion. A popularly elected board of directors governs each ments and ad valorem taxes. The board may also issue authority. The authorities may fix and collect rates and revenue and general obligation bonds; general obligation charges, levy ad valorem taxes and special assessments, bonds require voter approval.
Governments—Individual State Descriptions Colorado 39 Improvement districts and sewer districts established by assessments, and issue revenue and general obligation these districts are classified as dependent activities of the bonds. This district may provide hydroelectric power in district and are not counted as separate governments. addition to irrigation water.
Water Authorities The Republican River Water Conservation District was cre- ated to assist with the 1942 compact signed by Colorado, These authorities to develop water resources are estab- Kansas, and Nebraska for the equitable apportionment lished by contractual agreement between any combina- of Republican River waters. The district includes counties tion of municipalities, special districts, or other political located wholly or partially within the Republican River subdivisions authorized to own and operate water systems basin. The board of directors is appointed by the mem- or facilities or drainage facilities. A board of directors, for ber boards of county commissioners and ground water which the number and manner of selection are specified in management districts within the district, plus one director the contract, governs each authority. Water authorities may appointed by the Colorado Ground Water Commission from fix rates, fees, and charges, and may issue revenue bonds. the commission membership. The district may impose user fees, annual levies, rental charges, service charges or Water Conservancy Districts—1922 and other charges, and may levy ad valorem taxes. With voter 1937 laws approval, the district may impose a uniform sales and use A 1922 law permits water conservancy districts to be tax throughout the district. The district may issue revenue formed for flood control. The districts may develop parks bonds and, with voter approval, general obligation bonds. and recreational facilities. These districts are formed by the district court upon landowner petition or upon petition of a Water and Sanitation Districts city. A public hearing is required. Each district is governed Sanitation districts, water districts, and combined water by a board of directors appointed by the district court. The and sanitation districts serve one or more municipalities districts may levy special benefit assessments and issue or counties. The districts are established by order of the bonds payable by the assessments. district court following voter (resident and landowner) peti- A 1937 law permits water conservancy districts to be tion, resolution of the applicable local governments, public formed to provide water for domestic, industrial, and hearings, and referendum. A board of directors elected by agricultural purposes. These districts are formed by order resident and taxpaying voters governs each district. Water of the district court after petition of landowners or electors districts may also levy special assessments. The districts and public hearing. A board of directors governs each dis- may levy ad valorem taxes, fix fees and charges, and issue trict; the directors are appointed by the district court or are revenue bonds. The voters may authorize the power to elected. These districts may issue revenue and, with voter issue general obligation bonds at the creating referendum. approval, general obligation bonds. They also may fix rates Services directly to residents and property owners in unin- and levy ad valorem taxes and special assessments. corporated territories of a county must be approved by the board of county commissioners. Water Conservation Districts—special acts Upon resolution of the board of a water or sanitation dis- The Southwestern Water Conservation District is governed trict, subject to public hearing and voter approval, either by a board of directors, with one member from each type of district may convert to a water and sanitation dis- county selected by its board of county commissioners. The trict. In similar fashion, a water and sanitation district may district may levy ad valorem taxes and special assessments convert to a metropolitan district. after a hearing, may issue both revenue and, subject to voter approval, general obligation bonds. SUBORDINATE AGENCIES AND AREAS
The Rio Grande Water Conservation District was estab- Shown below are various governmental designations in lished under a 1967 law after referendum. It is adminis- Colorado that have certain characteristics of governmental tered by a board of directors composed of two members units but that are classified in Census Bureau statistics as from each of the counties of Alamosa, Conejos, Rio Grande, subordinate agencies of the state or local governments and and Saguache, and one member from Mineral County; each are not counted as separate governments. Legal provisions member is appointed by the respective board of county for some of the larger of these are discussed below (see commissioners. The district board may fix and collect “Public School Systems” above, regarding educational agen- rents, assess annual charges or user fees, levy ad valorem cies of this nature). taxes and special assessments, and issue revenue bonds. Among the subordinate agencies and areas listed below, The Colorado River Conservation District is governed by some represent “special taxing areas” within the territory of a board of directors appointed by the board of county an established government. This method of financing addi- commissioners of each county represented in the dis- tional services in limited areas by property taxation, while trict. The district may levy ad valorem taxes and special also used by some municipal and township governments
40 Colorado Governments—Individual State Descriptions in a few states, is more widely utilized by county govern- Colorado Water Resources and Power Development ments. In the listing below of authorized county-related Authority agencies, an asterisks (*) appears for each entity of this CoverColorado kind—i.e., any that may individually serve a portion rather Denver Metropolitan Major League Baseball Stadium than all of a county, and for which a tax may be levied District against assessed value of property in the area served. Geothermal management districts Colorado Housing and Finance Authority (state)— Great Outdoors Colorado Trust Fund This authority was created by a 1973 law to fund hous- ing for low- and moderate-income families. It is governed Higher Education Competitive Research Authority by a board of directors composed of the state auditor, a Pet Overpopulation Authority member of the general assembly appointed jointly by the Pinnacol Assurance house speaker and senate majority leader, an executive Sheep inspection districts director of a principal state department, and eight persons Statewide Internet Portal Authority appointed by the Governor. The authority may issue rev- enue bonds. University of Colorado Hospital Authority Water Quality Control Commission (in state department of Colorado New Energy Improvement District (state)— health) Created by a 2010 special act, this district finances energy efficiency improvements and renewable energy improve- County ments to eligible participating real property owners. The Airport authorities (single county) program operates only in those counties granting permis- sion by resolution. A board of directors appointed by the Building authorities (county) Governor and officers of the legislature, plus the directors Cemetery districts encompassing an entire county of the Governor’s Energy Office and the state office of eco- County libraries nomic development serving ex officio, governs the district. *County park and recreation districts in unincorporated The district may impose assessments on benefitted real areas properties and issue bonds. County road districts Colorado Student Obligation Bond Authority (state)— Creative districts (county) This authority was created by act of the general assembly in 1979 to make student loan credit available to insti- *Disposal districts tutions of higher education. A board of nine directors, Emergency telephone service authorities (911 authorities) appointed by the Governor with the consent of the sen- (county) ate, governs the authority. The authority may fix fees and Federal mineral lease act districts charges in connection with student obligations, and may Housing authorities with ex officio boards (county) issue revenue bonds. Joint libraries Urban renewal authorities (municipal)—A municipal- *Law enforcement authorities ity may establish an urban renewal authority by resolution, Local improvement districts after voter petition and public hearing. Each authority is administered by a board of commissioners appointed by Local marketing districts (county) the mayor, subject to approval of the local governing body. *Pest control districts It may issue revenue bonds. *Public improvement districts Other examples include: Recreational facilities districts (county)
State Regional tourism authorities (county) *Special taxing districts in home-rule counties Automobile Theft Prevention Authority Underground conversion of utilities districts Colorado Agricultural Development Authority 2 Colorado Beef Council Authority Municipal Colorado Channel Authority Building authorities (municipal) Colorado Educational and Cultural Facilities Authority Business improvement districts Colorado Health Facilities Authority City water boards Colorado Intermountain Fixed Guideway Authority Creative districts (municipal) Colorado Sheep and Wool Authority Denver Convention Center Hotel Authority Colorado State Fair Authority Downtown development authorities
Governments—Individual State Descriptions Colorado 41 Emergency telephone service authorities (911 authorities) * Special taxing districts in home-rule municipalities (municipal) Underground conversion of utilities districts General improvement districts—1949 law Veterans’ housing authorities Housing authorities with ex officio boards (municipal) Waterworks in cities and towns Joint libraries Colorado laws also provide for various types of local areas Local marketing districts (municipal) for election purposes and administration of justice. Municipal energy finance authorities 1 Legislation authorizing affiliated junior college districts was Municipal libraries repealed in 2009. 2 The Denver Health and Hospital Authority was reclassified Recreational facilities districts (municipal) Regional tourism from a municipal dependent agency to a special district for the authorities (municipal) 2012 Census of Governments. Special improvement districts (includes sewer and storm sewer districts)
42 Colorado Governments—Individual State Descriptions Connecticut
Connecticut ranks fortieth among the states in number of Cities are located within town areas. The city of Groton local governments with 643 active as of June 30, 2012. is located within a town area but exists separately and is counted as a separate municipal government. For the other COUNTY GOVERNMENTS (0) 19 cities, the city and town government have been consoli- Effective October 1, 1960, Connecticut county government dated. Each is counted once in Census Bureau statistics on was abolished and county functions were transferred to the governments as a municipal government and not as a town state government. However, the former county boundaries government. were retained for election of county sheriffs and for judicial Boroughs are also located within town areas. Most bor- purposes. Thus, Connecticut counties are not counted as oughs exist separately from the overlying town govern- governments for Census Bureau purposes. ment and are counted as separate municipal governments. The borough of Naugatuck is consolidated with the overly- SUBCOUNTY GENERAL PURPOSE ing town government and is counted once as a borough. GOVERNMENTS (179) The borough of Woodmont is located within the overlying The subcounty general purpose governments in city (city-town consolidation) of Milford, exists separately, Connecticut consist of municipal (city and borough) and also is counted as a borough. governments and town governments. These two types of governments are distinguished primarily by the his- Town or Township Governments (149) torical circumstances surrounding their incorporation. In The entire area of the state is encompassed by town areas. Connecticut, city, borough, and town governments have These are counted as town governments except for areas similar powers and perform similar functions. Towns, in which a town is consolidated with a city or borough gov- which are treated as municipalities in Connecticut statutes, ernment. Towns in Connecticut provide the services that are counted as a separate type of local government in are associated with counties and municipalities in most Census Bureau statistics on governments. states. The State Constitution authorizes cities, boroughs, towns, PUBLIC SCHOOL SYSTEMS (166) consolidated towns and cities, or consolidated towns and boroughs to adopt home rule charters. All subcounty gov- School District Governments (17) ernments in Connecticut are governed by a chief executive officer and a legislative body. The adopted charter must Only the regional school districts in Connecticut are include the number and method of selection of the legisla- counted as separate governments in Census Bureau statis- tive body and the powers and duties of both the chief exec- tics on governments. A regional school district is organized utive officer and the legislative body. A legislative body by joint action of two or more towns after referendum. It is may be a town meeting, a representative town meeting, a administered by a regional board of education consisting of board of selectmen, council, board of directors, board of members appointed by the governing body of each partici- aldermen, or a board of burgesses, or may be a combina- pating town. Fiscal needs are determined by the regional tion of a town meeting or representative town meeting and school district board and apportioned to the participating one of these bodies. A chief executive officer may be the towns. The districts may issue bonds with voter approval. first selectman, a chief administrative officer appointed by the board of selectmen, an elected mayor, an elected Dependent Public School Systems (149) warden, a town, city, or borough manager appointed by the Connecticut statutes provide for the following types of subcounty legislative body, or a chief administrative officer dependent public school systems: appointed by the mayor. Systems dependent on municipal governments:
Municipal Governments (30) • City school systems (20) The term “municipality,” as defined for Census Bureau sta- Systems dependent on town governments: tistics on governments, applies only to the boroughs and cities in Connecticut. • Town school systems (129)
Governments—Individual State Descriptions Connecticut 43 The city and town school systems in Connecticut have Such a district may be established by vote at a town meet- elected governing bodies, known as local boards of educa- ing called by the board of selectmen upon the petition of tion, that administer the schools; however, their budgets voters in the proposed area. Officers for the district are are subject to review and change by the city or town bud- elected. Each district may issue bonds and set ad valorem get-making authority and governing body. City and town taxes as well as special benefit assessments. Districts may school systems in Connecticut are not counted as separate contract with a town, city, borough, or other district to governments for Census Bureau purposes. provide services.
Other Educational Activities These special taxing districts may also be created by spe- cial acts of the general assembly. These districts are similar Regional educational service centers may be established in in organization to the districts established under general any regional state planning area when the state board of law and are also counted as governments. education approves a plan submitted by four or more local boards of education to furnish cooperative programs and First, Second, Third, and Sixth Taxing Districts services. Each center is administered by a board consisting of Norwalk of one representative from each participating local board of These four taxing districts located within the area of the education. These centers are classified as joint educational city of Norwalk were established by the Norwalk city service agencies of the participating public school systems charter and special acts and may perform the following and are not counted as separate governments. functions within their defined areas: First Taxing District— Two or more boards of education may, through a written water supply; Second Taxing District—electric light and agreement, establish cooperative arrangements to provide power and water supply; Third Taxing District—electric services and programs. These cooperative arrangements light and power; and Sixth Taxing District—public library, are not counted as separate governments. street lighting, and sewers. Each of these districts has a separately elected governing body. Each district may set Regional vocational agriculture centers may be established ad valorem taxes, rates and charges for services, and may by agreement between any two or more boards of edu- issue bonds. cation. These centers are joint activities of participating public school systems and are not counted as separate The Fourth and Fifth Taxing Districts of Norwalk, which governments. constitute the city of Norwalk proper, are not counted as separate governments. See “Subordinate Agencies and SPECIAL DISTRICT GOVERNMENTS (447) Areas” below. Connecticut statutes authorize the creation of a variety of Housing Authorities special districts or authorities that are counted as govern- ments. These are discussed in detail below. Three types of housing authorities are authorized under Connecticut law: municipal housing authorities (serving a Development Districts (special acts) single borough, city, or town), regional housing authori- Development districts for infrastructure financing and ties (serving two or more boroughs, cities, or towns), and improvements are created by special acts of the legislature Indian housing authorities. and are subject to petition and referendum. They are gov- Municipal housing authorities are established by resolution erned by popularly elected boards. Districts may set taxes, of the borough, city, or town governing body. Each author- benefit assessments, and fees, and may issue bonds upon ity is governed by a board of commissioners appointed by 1 entering into an intergovernmental agreement. the chief executive officer of the borough or city, or the town board of selectmen. The authorities may issue bonds Fire, Sewer, and Similar Special-Purpose and fix and collect rentals. Regional housing authorities Districts may be established by two or more boroughs, cities, or A general law in Connecticut provides for the establish- towns, and operate under similar provisions. ment of these special taxing districts. These districts exist Under a 1976 general law, housing authorities may also be for any or all of the following purposes: fire and police pro- established for each designated Indian tribe. These public tection; street lighting and sprinkling; establishing building entities are created by state law and have public boards lines; planting and care of trees; constructing and maintain- created under state law. The chief or other governing head ing streets, crosswalks, drains, flood or erosion control sys- of a tribe appoints five members of the tribe to be commis- tems, sewers, and recreational facilities; establishment of a sioners. These authorities have the same revenue powers zoning commission or a planning commission and a zoning as municipal housing authorities. board of appeals (if the town government does not have a zoning or planning commission); collection and disposal A city, borough, or town governing body may desig- of garbage; tick control; water quality; and ferry service. nate a housing authority as a redevelopment agency.
44 Connecticut Governments—Individual State Descriptions Redevelopment agencies established as separate city, bor- Putnam Special Service District ough, or town agencies are not counted as separate gov- This district was established in 1984 to finance fire pro- ernments for Census Bureau purposes. See “Subordinate tection, police protection, and street lighting under provi- Agencies and Areas” below. sions of the town charter of Putnam. An elected board of Improvement Associations five directors governs the district. The district may levy ad valorem taxes. These associations are established by special acts of the general assembly but are under substantially uniform Special service districts established under a 1973 gen- provisions as to organization and operation. An elected eral law are not counted as separate governments. See board governs each association. Each association may set “Subordinate Agencies and Areas” below. ad valorem taxes, assessments, and charges for services. Regional Refuse Disposal District One These associations may perform one or more of a variety of functions similar to those of fire and sewer districts. This district was established by the towns of New Hartford, Some associations of this type are known locally as “beach Barkhamsted, and Winchester to provide solid waste man- associations.” agement. A board of directors appointed by the govern- ing authority of each city and town governs the district. Metropolitan District (Hartford Area) The district may levy assessments and issue revenue and This district was established by a 1929 special act primar- refunding bonds. ily to provide a water supply and sewerage system for the Regional Resource Recovery Authorities Hartford metropolitan area. Legislation also authorizes the district to sell, distribute, and transmit hydroelectric These authorities are established by concurrent ordinances power; dispose of solid waste; and operate river front park by the governing bodies of participating boroughs, cit- facilities on the Connecticut River in the Hartford area. A ies, or towns to provide waste management and resource board of 29 commissioners governs the district. Seventeen recovery services. The number of board members and their commissioners are appointed by the governing bodies of method of selection are determined by agreement between cities and towns within the district as specified by statute. the participating governments. The authorities may fix fees In addition, eight commissioners are appointed by the or charges, and may issue revenue bonds. Governor, one is appointed by the state house speaker, one Authorities of this type that serve a single borough, city, is appointed by the minority leader of the state house, one or town are not counted as separate governments. See is appointed by the senate president, and one is appointed “Subordinate Agencies and Areas” below. by the minority leader of the senate. The district may set ad valorem taxes; fix charges for water; collect special ben- Regional Water Pollution Control Authorities efits, user fees, rents, and rates; and issue bonds. These districts, established to provide and operate sew- Municipal Electric Energy Cooperatives age facilities, may be created by concurrent ordinances of the governing bodies of two or more municipalities (town, A cooperative may be established to provide electric power city, borough, consolidated town and city, or consolidated and facilities by concurrent resolution of two or more town and borough). The creating ordinances determine municipal electric utilities. A cooperative is governed by a the number of directors and method of appointment. The cooperative utility board appointed by the governing body authorities may set fees and benefit assessments, and may of each municipal electric utility represented; the number issue bonds. of representatives per member utility is specified in the agreement establishing the cooperative. These coopera- Water pollution control authorities created by a single munici- tives may fix rates, fees, rentals, or charges, and may issue pality under a different law are not counted as separate revenue bonds. The Connecticut Municipal Electric Energy governments. See “Subordinate Agencies and Areas” below. Cooperative was formed under this law. South Central Connecticut Regional Water Pomperaug Valley Water Authority Authority This authority, authorized by special act to provide a water This authority was established by special act to pro- supply system for the towns of Bethlehem, Middlebury, vide water supply for the 18 towns in the South Central Oxford, Southbury, and Woodbury, was established by Connecticut Regional Water District. The authority gov- referendum. An elected board of directors governs the erning board consists of five residents of the district authority. The authority may fix rates and charges, and appointed by the representative policy board which, in issue revenue bonds. turn, consists of one member appointed by the chief
Governments—Individual State Descriptions Connecticut 45 elected official of each city or town in the district with the one by the speaker of the house of representatives and one governing body’s approval, plus one member appointed by the minority leader of the house of representatives, plus by the Governor. The authority may fix rates and fees, and the commissioner of economic and community develop- issue revenue bonds. ment, the state treasurer and the secretary of the office of policy and management, serving ex officio. The authority Southeastern Connecticut Water Authority may make mortgage loans, set fees and rentals in connec- This authority was established by a 1967 special act to tion with its projects and loans, and issue revenue bonds. provide water supply in the southeastern part of the state. Connecticut Health and Educational Facilities The governing body of each participating city and town Authority (state)—This authority was created by a 1965 appoints two members to an advisory board that, in turn, act of the general assembly to finance the construction of appoints a seven-member board to administer the author- buildings for nonprofit hospitals, institutions of higher edu- ity. The board may fix rates and charges, set special benefit cation, childcare facilities, and other such nonprofit organi- assessments, and issue revenue bonds. zations. A board of directors, eight of whom are appointed by the Governor, plus the state secretary of the office of Transit Districts policy and management and the state treasurer, serving ex Any town, city, or borough, by itself or in cooperation officio, governs the authority. The authority may fix rates, with one or more other municipalities, may establish a rents, fees, and charges; make mortgage loans to qualify- transit district. A board of directors governs each district, ing hospitals and institutions; and issue revenue bonds. consisting of members appointed by the participating Connecticut Housing Finance Authority (state)—This governments as follows: each municipality has at least one agency provides financial assistance for housing for low- director, municipalities with a population from 25,000 to and moderate-income families and persons through the 100,000 have two, and those of 100,000 or more have purchase of government-insured mortgages. The author- four. The boards may fix rates, determine the proportionate ity’s board of commissioners consists of seven members share of the total appropriation to be paid by each munici- appointed by the Governor, one appointed by the presi- pality after a public hearing, and issue either revenue or dent pro tempore of the senate, one by the speaker of the general obligation bonds. Transit districts may provide house of representatives, one by the minority leader of transit service directly or contract with a public or private the senate and one by the minority leader of the house of transit system to provide services. Transit districts with representatives, plus the state treasurer, the commissioner similar provisions have been authorized by special acts. of economic and community development, the secretary of Tweed-New Haven Airport Authority the office of policy and management, and the banking com- missioner, serving ex officio. The authority may collect fees This regional airport serves the south central Connecticut and charges, and issue revenue bonds secured by income region. The authority is governed by a board of 15 direc- from mortgage payments. tors; eight directors are appointed by the mayor of New Haven, five are appointed by the mayor of East Haven, and Connecticut Marketing Authority (state)—This author- three are appointed by the South Central Regional Council ity was established by a special act to develop and operate of Governments. The authority may set fees for services marketing facilities and to enable more economical distribu- and issue revenue bonds. tion of Connecticut agricultural products. The authority is composed of one public member from each congressional SUBORDINATE AGENCIES AND AREAS district of the state, two at-large public members, the com- missioner of agriculture, and the commissioner of economic Shown below are various governmental designations in and community development. The Governor appoints three Connecticut that have certain characteristics of governmen- members of the authority and the president pro tempore tal units but that are classified in Census Bureau statistics of the senate, the senate minority leader, the speaker of as subordinate agencies of the state or local governments the house of representatives and the minority leader of the and are not counted as separate governments. Legal provi- house of representatives each appoint one member. In addi- sions for some of the larger of these are discussed below tion, the Governor appoints two members of the authority (see “Public School Systems” above regarding educational who are tenants of the Hartford market facility. The author- agencies of this nature). ity may set rentals and charges, and issue bonds. Connecticut Development Authority (state)—This Connecticut Resources Recovery Authority (state)— authority was created by a 1973 act of the general assem- This authority was created by act of the general assembly bly to provide mortgage credit for industrial, health care, to finance facilities for recovery of resources from solid pollution control, or recreational facilities. It is governed by waste. A board of 11 directors governs the authority: three a board of directors consisting of four members appointed are appointed by the Governor, two each by the president by the Governor, one appointed by the president pro tem- pro tempore of the senate and the speaker of the house, pore of the senate, one by the minority leader of the senate,
46 Connecticut Governments—Individual State Descriptions and two each by the minority leaders in the senate and the Municipal house. The authority may fix fees, make loans, and, subject Connecticut River Assembly to the approval of the state treasurer, issue revenue bonds. Decentralized wastewater management districts Redevelopment agencies (municipal and town)— General law permits cities, boroughs, or towns to establish District health departments these agencies or to designate the housing authority of the municipality as the redevelopment agency. Redevelopment First Fire Taxation District of West Haven agency boards are appointed by the chief executive officer Fourth and Fifth Taxing Districts and fire districts of of the sponsoring borough, city, or town with the approval Norwalk of its governing body. Bonds for redevelopment purposes are issued by the borough, city, or town governments after Historic district commissions a public hearing. Two or more municipalities may jointly Middletown Fire District create a redevelopment agency. Middletown Sanitary District Soil and water conservation districts and boards (state)—These districts are established by the state com- Municipal districts missioner of environmental protection. A district board of Municipal flood and erosion control boards supervisors, selected by local residents in accordance with regulations of the state commissioner, governs each dis- Municipal harbor management commissions trict. The districts are financed by state appropriations. Municipal resource recovery authorities (serving a single Other examples include: borough or city)
State Municipal water supply systems (city)
Capital Regional Development Authority Municipal wetlands and watercourses commissions
Clean Energy Finance and Investment Authority Parking authorities and commissions
Connecticut Airport Authority Port authorities or districts
Connecticut Equestrian Center Corporation Public recreational facilities authorities
Connecticut Higher Education Supplemental Loan Authority Regional emergency medical services councils
Connecticut Housing Authority Regional solid waste operating committees
Connecticut Innovations Incorporated Sewer authorities
Connecticut Lottery Corporation Special service districts—1973 general law
Connecticut Public Transportation Commission Taxing districts (special acts)
Connecticut River Gateway Commission Village districts
Connecticut State Emergency Response Commission Water pollution control authorities
Connecticut Student Loan Foundation Town
Connecticut Trust for Historic Preservation Decentralized wastewater management districts
Lower Fairfield County Convention Center Authority District health departments
Regional economic development districts Historic district commissions
Regional tourism districts Lake authorities
University of Connecticut Health Center Finance Municipal districts Corporation (formerly John Dempsey Hospital Finance Municipal flood and erosion control boards Corporation)
Governments—Individual State Descriptions Connecticut 47 Municipal harbor management commissions Port authorities or districts
Municipal resource recovery authorities (serving a single Public recreational facilities authorities town) Sewer authorities Municipal water supply systems (town) Special service districts—1973 general law Municipal wetlands and watercourses commissions Taxing districts Niantic River Gateway Commission Water pollution control authorities
Parking authorities and commissions 1 Development districts were labeled as Infrastructure Improve- ment districts in the 2007 Census of Governments.
48 Connecticut Governments—Individual State Descriptions Delaware
Delaware ranks forty-sixth among the states in number of Delaware River and Bay Authority local governments with 339 active as of June 30, 2012. This authority, established by interstate compact, oper- COUNTY GOVERNMENTS (3) ates the Delaware Memorial Bridge; the Cape May-Lewes Ferry system; the Three Forts Ferry Crossing; and the New There are no areas in Delaware lacking county government. Castle, Cape May, Millville, Delaware Airpark, and Dover The levy court is the administrative body in Kent County. In Civil Air Terminal airports. The authority also participates New Castle and Sussex Counties the county council is the in economic development ventures throughout Delaware governing body. and in the four southernmost counties of New Jersey. It is administered by a board of commissioners with six mem- SUBCOUNTY GENERAL PURPOSE bers appointed by the Governor of Delaware and six by the GOVERNMENTS (57) Governor of New Jersey. The authority may fix tolls and other charges for its facilities, and issue revenue bonds. Municipal Governments (57) Municipal governments in Delaware are the cities, towns, District Libraries and villages. Units of all three types are established by spe- District libraries were established upon petition of voters to cial acts of the general assembly. There are no differences the school district and referendum. No districts have been between city, town, or village governments that would permitted to be created under this law since 1975. Districts affect their classification for Census Bureau purposes. existing at the time were given the option to merge with Municipalities with a population of 1,000 or more may the county library system or continue under the exist- operate under home-rule charters. ing law. District libraries are governed by a five-member board of commissioners, all of whom are residents of the Township Governments (0) school district in which the library was established, and are Delaware has no organized township governments. appointed by the judge of the superior court in the county in which the district is located. The districts may levy ad PUBLIC SCHOOL SYSTEMS (19) valorem taxes.
School District Governments (19) Housing Authorities Effective July 1, 1969, a statewide reorganization provided Housing authorities may be established by order of the that all former classes of school districts, including the state housing authority. The Wilmington Housing Authority vocational school districts, become “reorganized school board consists of nine commissioners who are jointly districts.” All reorganized school districts are counted as appointed by the Mayor of the City of Wilmington, the governments for Census Bureau purposes. Governor, and the County Executive of New Castle County. Boards of education of the reorganized school districts are Housing authorities may issue bonds, and establish and elected except for the boards of the vocational-technical collect rentals. school districts, which have boards appointed by the Governor. A local school district board may supplement Municipal Electric Companies state school funds with a local tax levy if approved by Municipal electric companies are formed by a contract referendum. District bond issues also must be submitted to between two or more cities or towns, after filing of the the local voters for approval. contract with the secretary of state. These companies generate, distribute, and sell electric power at wholesale to Dependent Public School Systems (0) member municipal electric utilities. Projects may be located Delaware has no dependent public school systems. within or outside of the state of Delaware. The method for selecting members of the governing body is specified in SPECIAL DISTRICT GOVERNMENTS (260) the contract establishing the company. Municipal electric companies may set fees and rates for services and issue Delaware statutes authorize the creation of a variety of revenue bonds. special districts or authorities that are counted as govern- ments. These are discussed in detail below.
Governments—Individual State Descriptions Delaware 49 Park Districts in New Castle County members appointed by the Governor governs the authority. The authority may fix and collect fees and rents and may Park districts establish and maintain parks and recreational issue revenue bonds. facilities. Park districts are created by the county council after petition and local referendum. An elected board gov- Delaware State Housing Authority (state)—This erns each district. The district may fix and collect fees, levy authority, was established by act of the general assembly, ad valorem taxes, and issue bonds. to provide low- and moderate-income housing. The author- ity is authorized to make mortgage, construction, and Tax Ditches other loans to not-for-profit and limited for-profit housing Tax ditches provide the drainage of agricultural lands sponsors; to make loans to mortgage lenders; and to pur- and management of water for resource conservation. Tax chase qualified mortgage loans. It is governed by a director ditches are established by order of the superior court for appointed by the Governor with the consent of the senate. the county after petition by the landowners through the The authority may charge rents, make mortgage loans, county soil conservation district, public hearing, and ref- impose fees in connection with its loans, and issue revenue erendum. An elected board of managers governs each tax bonds. ditch. The boards may levy property taxes. Delaware Transportation Authority (state)—This authority, authorized by act of the general assembly, was Tax Lagoons established to acquire, build, operate, and maintain airport, Tax lagoons provide the maintenance and improvement of bridge, highway, parking, port, transit, and turnpike facili- lagoons. Tax lagoons are established by order of the supe- ties, including the Delaware Turnpike. It also may form rior court for the county after petition by the landowners, subsidiaries to which any or all duties and functions of approval by the state division of soil and water conserva- the authority are delegated. The authority may not grant tion, public hearings, and referendum. An elected board of any subsidiary the power to issue bonds, notes, or other lagoon managers administers each tax lagoon. The boards obligations of the subsidiary. The authority is governed by may levy property taxes. the secretary of the state department of transportation, the director of the office of financial management and budget, Water and/or Sewer Authorities and the administrator of the transportation trust fund. It Water and/or sewer authorities may be established by may fix and collect charges, fares, fees, rentals, and tolls, ordinance or resolution of one or more municipalities after and issue revenue bonds. referendum. Each authority formed by multiple munici- Slum clearance and redevelopment authorities palities is governed by an appointed board selected by (municipal and county)—A city, town, village, or county the governing bodies of each participating municipality may create such an authority by resolution. Each author- as determined by agreement. An authority consisting of a ity of this type is governed by a board of commissioners single municipality has an appointed board consisting of appointed by the county governing body or by the mayor five members. The authority may fix and collect fees, and with the consent of the municipal governing body. The issue revenue bonds. authorities may issue bonds. Plans require the approval Water and/or sewer authorities governed ex-officio by the of the creating government. Regional slum clearance and governing body of a single municipality are not counted redevelopment authorities with similar provisions may be as separate governments. See “Subordinate Agencies and created by resolution of two or more municipal or county Areas” below. governments. Soil and water conservation districts (state)—One SUBORDINATE AGENCIES AND AREAS soil and water conservation district exists in each of the Shown below are various governmental designations in three counties. Each district is governed by a board of four Delaware that have certain characteristics of governmen- elected supervisors, an optional supervisor (a member of tal units but that are classified in Census Bureau statistics the county governing body in Kent or Sussex Counties as subordinate agencies of the state or local governments and the county executive or designated representative in and are not counted as governments. Legal provisions New Castle County) and two optional supervisors who may for some of the larger of these are discussed below (see be appointed by the secretary of the department of natu- “Public School Systems” above, regarding educational ral resources and environmental control if the district so agencies of this nature). requests. These districts have no independent revenue-rais- ing powers. Funds are made available to the districts from Delaware Health Facilities Authority (state)—This state appropriations that are matched by the county. authority was established by act of the general assembly to finance hospital and health care facilities. A board of seven
50 Delaware Governments—Individual State Descriptions Other examples include: Municipal
State Business improvement districts
Delaware Agricultural Lands Preservation Foundation Parking authorities Delaware Center for Education Technology Special development districts (municipal) Delaware Economic Development Authority Water and/or sewer authorities Delaware Higher Education Supplemental Loan Authority Other
Delaware Solid Waste Authority Areas called “hundreds” are historic geographic divisions Diamond State Port Corporation presently used in property tax assessments. Riverfront Development corporation Delaware laws also provide for various types of local areas County for election purposes and administration of justice.
Garbage collection districts in Kent County Light districts in New Castle County Sanitary sewer and water districts in Sussex County Sewage disposal and sanitary districts in Kent County Special development districts in New Castle County
Governments—Individual State Descriptions Delaware 51 District of Columbia
There were two active local governments in the District of Dependent Public School Systems (2) Columbia as of June 30, 2012. Two public school systems are dependent on the District COUNTY GOVERNMENTS (0) of Columbia government and are not counted as separate governments for Census Bureau purposes: For the purposes of Census Bureau statistics on govern- ments, there are no county governments in the District of • District of Columbia Public Schools Columbia. • University of the District of Columbia
SUBCOUNTY GENERAL PURPOSE The District of Columbia public schools system is under GOVERNMENTS (1) the direct governance of the mayor with the advice and consent of the council. The school system is administered Municipal Governments (1) by a chancellor who serves at the pleasure of the mayor. An office of education, subordinate to the mayor, is headed The District of Columbia is the permanent seat of the gov- by the deputy mayor for education. The Chancellor of the ernment of the United States. The city of Washington exists District of Columbia Public Schools is appointed by the within the District of Columbia but has no separate govern- mayor with the consent of the council. ment. The District of Columbia is counted as a municipal government in Census Bureau statistics on governments. The University of the District of Columbia was estab- (For population statistics, it is classified as a separate lished by special act. The university is administered county area and as a separate state area.) The city is often by a 15-member board of trustees. Eleven trustees are referred to as Washington, D.C.; however, the legal name is appointed by the mayor with the consent of the council. “District of Columbia.” Three trustees, holding degrees from the University or from one of its three predecessor institutions, are elected The District of Columbia performs municipal and also by the graduates of the four institutions. One student rep- county- and state-type functions. The District Home Rule resentative is selected by the university student body. Act of 1973 permits the residents to vote for a local government. An elected mayor and an elected council, SPECIAL DISTRICT GOVERNMENTS (1) composed of 13 members, governs the District. A chief financial officer is appointed by the mayor with the consent Metropolitan Washington Airports Authority of the council and the consent of the federal house and This authority is counted under “Virginia—Special District senate. An attorney general is popularly elected. Governments.” The District of Columbia is subject to control by the U.S. Congress. The budget for the District of Columbia is Washington Metropolitan Area Transit locally prepared, but subject to final determination by the Authority U.S. Congress and approval by the President of the United This authority is an agency of the District, Maryland, and States. Congress has reserved the right to enact legislation Virginia that is counted under the District of Columbia. It for the District. The National Capital Service Area, which was created by an interstate compact signed by the three includes federal buildings and monuments, is a designated governments and approved by Congress. The authority area within the District. is administered by a board of eight voting directors. The District of Columbia, Maryland, and Virginia, and the fed- Township Governments (0) eral government each appoint two voting members. There are no township governments in the District of The authority may fix rates and fares and may issue Columbia. revenue bonds. In addition, the authority may receive PUBLIC SCHOOL SYSTEMS (2) appropriations from the federal government, the District of Columbia government, and participating Maryland and School District Governments (0) Virginia local governments. There are no independent school district governments in the District of Columbia.
52 District of Columbia Governments—Individual State Descriptions SUBORDINATE AGENCIES AND AREAS and the chair of the District’s council; one private citizen appointed by the mayor; and one private citizen appointed The entities listed below are classified as dependent by the District’s council. The corporation is authorized to agencies of the District of Columbia government and are issue revenue bonds. not counted as separate governments for Census Bureau purposes. District of Columbia Water and Sewer Authority— This authority was created by special act to provide water District of Columbia Housing Authority—This author- distribution services and sewage collection, treatment, and ity was created by special act. The authority is governed by disposal to the District and to portions of its metropolitan an 11-member board of commissioners consisting of five area. The authority is governed by an 11-member board of commissioners appointed by the mayor with the consent directors: six are appointed by the mayor with the consent of the council; three commissioners elected by residents of the council and five are appointed by the mayor upon of the authority’s housing properties; one commissioner recommendation of the other participating jurisdictions. appointed by the central labor council; one commissioner The authority may levy and collect charges for services and named by the D.C. Consortium of Legal Services Providers; may issue revenue bonds. and the deputy mayor for planning and economic develop- ment. The authority may issue revenue bonds. The Sports and Entertainment Commission— Legislation authorizing this entity was repealed in 2010. District of Columbia Housing Finance Agency—This agency was established by special act. This agency pro- Additional examples include: vides mortgage credit for low- and moderate-income hous- • Business improvement districts ing. The mayor, with the consent of the council, appoints the five-member board of directors. The agency may fix • District of Columbia Medical Liability Captive Insurance interest, fees, and charges, and may issue revenue bonds. Agency • District of Columbia Recreation Board District of Columbia Tobacco Settlement Financing Corporation—This corporation was established by special • Public library board of trustees act. It is governed by a five-member board of directors • Washington Convention and Sports Authority consisting of the District’s chief financial officer, mayor,
Governments—Individual State Descriptions District of Columbia 53 Florida
Florida ranks twentieth among the states in number of PUBLIC SCHOOL SYSTEMS (95) local governments with 1,650 active as of June 30, 2012. School District Governments (95) COUNTY GOVERNMENTS (66) The following types of school districts in Florida are The entire area of the state is encompassed by county gov- counted as separate governments for Census Bureau ernments except for the consolidated area of Duval County purposes: and the city of Jacksonville, which is designated as the city • County school systems (67) of Jacksonville.1 Jacksonville is counted as a municipal gov- ernment, rather than as a county government, in Census • Florida college system districts (28) Bureau reporting. Although the metropolitan government Each county area in the state constitutes a school district of Miami-Dade County performs many municipal-type for the administration and the operation of public schools. services and is treated as a “municipality” in some Florida These county school systems are governed by elected statutes, it is designated as a county and is counted as a school boards. These boards may levy local school taxes county government for Census Bureau purposes. and issue bonds with the approval of the voters.
Each county government in the state is governed by a The Florida College System Districts are administered by Board of County Commissioners. Under general law, county boards of trustees appointed by the Governor with the governments may adopt home rule charters. These char- consent of the Senate. These districts may impose student ters can include a broad range of powers. fees and may borrow money. State funds are distributed to Florida College System Districts in accordance with a statu- SUBCOUNTY GENERAL PURPOSE tory formula. GOVERNMENTS (410) Dependent Public School Systems (0) Municipal Governments (410) Florida has no dependent public school systems. Municipal governments in Florida are the cities, towns, and villages. A municipality is established through passage of Other Educational Activities a local bill by the legislature to enact its charter, with the exception of municipalities within Miami-Dade County. Two or more school districts may enter into an agreement Municipal governments were given home rule powers by to operate a career center. These centers are counted as general law in 1972. dependent activities of the participating school districts and are not counted as governments. The board of commissioners of Miami-Dade County may provide a method for establishing new municipalities Regional consortium service organizations (also known as within the county and prescribe their jurisdiction and pow- educational consortiums) may be formed by school dis- ers. All cities, towns, and villages in Miami-Dade County tricts with 20,000 or fewer students, development research are counted as separate municipal governments. schools, or the Florida School for the Deaf and the Blind through cooperative agreements to provide services. The Under general law, the minimum population for incorpo- organizations receive state grants if at least four school ration is 1,500 persons in counties with a population of districts join. Each organization’s board of directors deter- 75,000 or fewer, and 5,000 persons in counties with a popu- mines the use of these funds. These entities are classified lation of more than 75,000. The average population density as dependent activities of participating school districts and per acre required for incorporation, unless extraordinary are not counted as separate governments. conditions can be shown, is 1.5 persons or more per acre. The new municipality must also be a minimum distance of SPECIAL DISTRICT GOVERNMENTS (1,079) two miles from existing municipalities in the county. Florida statutes authorize the creation of a variety of spe- Township Governments (0) cial districts that are counted as governments. These are listed and discussed in detail below. Numerous districts Florida has no township governments. authorized by special acts, but that never became active, are not shown below.
54 Florida Governments—Individual State Descriptions Agencies Established by Interlocal West Orange Airport Authority—administered by a Agreements—1969 Law (not included in other board of nine members: three members appointed by types of special district governments shown the Governor, three appointed by the Board of County elsewhere) Commissioners of Orange County, and one by each of the cities of Apopka, Ocoee, and Winter Garden. Local government units may agree to exercise any of their powers jointly. Such an agreement may establish a separate These airport authorities and districts may impose rates agency that may or may not be counted as a government and charges for use of their facilities. In addition, the St. for Census Bureau purposes. The functions to be per- Augustine-St. Johns County authority may levy ad valorem formed by such an agency are specified in the agreement. taxes. Each of these authorities and districts may issue Agencies established under this law can have a wide vari- bonds and may finance industrial facilities. ety of names. Examples of entities created under this law are the South Central Regional Wastewater Treatment and For airport/aviation authorities and districts that are depen- Disposal Board and the Florida Municipal Power Agency. dent agencies of county or municipal governments and are not counted as separate governments, see “Subordinate Bond pools and financing commissions created under Agencies and Areas” below. this act are not counted as separate governments if their debt constitutes a liability of the parties to the agreement Beach and Shore Preservation Districts establishing such an entity. See “Subordinate Agencies and The following districts were created by special act pursuant Areas” below. to Florida Statutes to control flooding and beach erosion:
Airport/Aviation Authorities and Districts • Captiva Erosion Prevention District The following authorities and districts were created by • Greater Boca Raton Beach and Park District special acts pursuant to Florida Statutes Chapter 332 to Substantively similar provisions apply to these two dis- provide and operate airports: tricts. Both are governed by five-member elected boards. Boca Raton Airport Authority—governed by an They may levy property taxes and special assessments. appointed board of seven: two members appointed The Captiva Erosion Prevention District may issue bonds by the Board of County Commissioners of Palm Beach with voter approval. County and five appointed by the city council of the City For beach and shore preservation districts established of Boca Raton. under general law, which are governed by the county Charlotte County Airport Authority—governed by commissioners ex officio and are not counted as separate five popularly elected commissioners. governments, see ‘‘Subordinate Agencies and Areas’’ below.
Gainesville-Alachua County Regional Airport Boards of Juvenile Welfare Authority—governed by an appointed board of eight members: one member appointed by the county commis- These boards, sometimes called children’s services coun- sion of Alachua County, two by the Governor, and five by cils, are created by county ordinance to provide child guid- the city of Gainesville. ance and mental health services to care for juveniles and to coordinate juvenile welfare services. Each board consists of Greater Orlando Aviation Authority—governed by members appointed by the Governor plus additional state a board of seven members: five members appointed representatives and county representatives, particularly by the Governor, one appointed by the city council of the county superintendent of schools and a judge assigned Orlando, and one appointed by the Board of County to juvenile cases. Home rule counties may, at the county’s Commissioners of Orange County. option, include private representatives on the board. The boards may, with voter approval, levy ad valorem taxes. Hillsborough County Aviation Authority—governed by a board comprising three members appointed by Calhoun County Transportation Authority the Governor, one member of the county commission appointed by the county commission, and the Mayor of This authority was created by special act in 1976 to pro- the City of Tampa. vide a railroad. The authority is governed by a board of seven members appointed by the Governor. The authority St. Augustine-St. Johns County Airport Authority— may issue bonds, set leases, and fix charges. governed by an elected board of five members.
Sarasota-Manatee Airport Authority—governed by Clay County Utility Authority a board of six members: three members elected from This authority was created by special act passed in 1994. Manatee County and three from Sarasota County. The authority is governed by a board of supervisors with
Governments—Individual State Descriptions Florida 55 six members appointed by the county commission and one appointed by the county commissioners governs each appointed by the Governor. The authority may issue bonds district. The districts may, upon voter approval, levy ad and set rates. valorem taxes.
Cold Springs Improvement District The Palm Beach County Health Care District was created by a special act. It is governed by a seven-member board, with This district was created by special act to provide infra- three members appointed by the county commissioners structure and a variety of services to a specified area in and three members appointed by the Governor, plus the Marion County. The district is governed by a board of director of the Palm Beach County Health Department. It supervisors elected by landowners. With voter approval, may fix fees and charges, levy ad valorem taxes, and issue the district may levy assessments and taxes and issue general obligation and revenue bonds. General obligation bonds. The district also may set user charges and fees after bonds require voter approval. public hearing. The authorizing legislation sets a uniform acreage tax. These districts are to be distinguished from the public health trusts listed under “Subordinate Agencies and Areas” below. Community Development Districts County Higher Educational Facilities A 1980 law authorizes the creation of community develop- Authorities ment districts by ordinance of a county commission (for dis- tricts with fewer than 1,000 acres, except those involving Authorities to finance the construction of facilities for insti- two or more municipalities) or by rule of the Florida Land tutions of higher education are created by ordinance of the and Water Adjudicatory Commission (for districts with more county commissioners. A board of five members appointed than 1,000 acres and for districts of any size within the ter- by the county commissioners governs each authority. The ritorial jurisdiction of two or more municipalities), after peti- authorities may collect rent and fees and may issue rev- tion by landowners. If any of a proposed district (of fewer enue bonds. than 1,000 acres) is within a municipality, creation by the The Broward County Education, Research, and Training county requires municipal approval. As of 2007, these dis- Authority was created by special act pursuant to this gen- tricts may include area within more than one county. These eral law. The board includes representatives of the county, districts may finance various capital improvements includ- the town of Davie, the county school board, and participat- ing sewers, streets, and water supply systems. A board of ing educational institutions. five supervisors elected by the landowners governs each district. These districts may levy property taxes and special The Dade County Educational Facilities Authority is, under assessments and may issue bonds. provisions of the charter of the Metropolitan Government of Dade County, subject to county administrative and fiscal Conservation, Irrigation, and Reclamation control and is therefore not counted as a separate govern- Districts ment. See “Subordinate Agencies and Areas” below. The following districts were created by special acts to pro- County Hospital Boards, Districts, and vide for drainage, erosion control, reclamation, sewerage, Authorities water supply, or any combination of these five functions: General law—Under general law, the county commis- • Dog Island Conservation District sioners may create county hospital boards to provide, • Lake County Water Authority operate, and maintain hospitals by petition of resident freeholders and after local referendum. The Governor These districts are administered by popularly elected appoints members of county hospital boards. These boards. The districts may set ad valorem taxes and issue boards may determine the amount of required property bonds. They may possess additional revenue powers. tax levies and fix fees. A hospital board may also deter- For districts of these types that are dependent agencies of mine the amount of bond issues for which the county county governments and are not counted as separate gov- issues bonds. ernments, see ‘‘Subordinate Agencies and Areas’’ below. Special acts—Provisions for hospital districts estab- County Health Care Districts lished by special acts are substantially the same as for those established under general law. The boards may These authorities are created by county ordinance, upon be elected or appointed by state or local officials. As voter approval, to provide funding for health care ser- under the general law, these boards may levy property vices. A board of five or more members with two mem- taxes and fix rates and fees. An exception is the Madison bers appointed by the Governor and the other members County Hospital District, which receives proceeds from
56 Florida Governments—Individual State Descriptions a gambling tax. Most hospital districts may issue district Emerald Coast Utilities Authority bonds, usually after voter approval. Most hospital dis- This authority, formerly the Escambia County Utilities tricts in Florida operate under special legislation. Authority, was established by special act to provide water The Board of Trustees of Bay Medical Center was created by and sewer utilities. The authority is governed by a five- special act and incorporated in 1948. It serves Bay County. member board that is popularly elected. The authority may The board of trustees consists of one member selected by fix rates, fees, and charges, levy special assessments, and the Board of County Commissioners, six nominated by the issue bonds. board of trustees and confirmed by the county, and two nominated by the medical staff of the primary hospital Everglades Agricultural Area Environmental operated by the board of trustees and confirmed by the Protection District county. The board may fix and collect fees and issue bonds. This district was established after referendum to operate For hospital districts that are dependent agencies of county facilities to prevent, control, and correct environmental governments and are not counted as separate govern- problems within the Everglades area in Glades, Hendry, and ments, see “Subordinate Agencies and Areas” below. Palm Beach Counties. A board of six members, five elected by the landowners plus the executive director of the South County Water and Sewer Districts Florida Water Management District, governs the district. The district may levy special assessments and may issue bonds. Under Florida law, the board of county commissioners may establish one or more districts in unincorporated areas of Fire Control and Fire Protection Districts the county. As an alternative, landowners may petition for a referendum of landowners to determine creation. The A 1997 general law provides uniform provisions for fire governing body is a board of commissioners elected by control and protection districts created by special acts. The the landowners. The districts may issue general obligation creating act may require a referendum. The act provides bonds with voter approval, and also revenue bonds and that the boards may be jointly appointed by the Governor, assessment bonds. The districts may set ad valorem taxes the county commission, and the governing bodies of the and fix fees and rates. participating cities or that the boards may be popularly elected. The act provides that the districts may make County water and sewer districts governed by the board of leases; issue general obligation, assessment, and revenue county commissioners are not counted as separate govern- bonds; charge user and impact fees; and set ad valorem ments. See “Subordinate Agencies and Areas” below. taxes and non-ad valorem assessments. The creating spe- cial act for each district may specify local application pro- In addition, a number of districts have been created by spe- viding for the levy and assessment of the taxes and fees. cial acts. These districts may have popularly elected boards or boards appointed by the Governor. The revenue powers For districts of this type that are dependent agencies of are similar to the provisions authorized by general law. county or municipal governments and are not counted Entities that have been classified as special districts include: as separate governments, see “Subordinate Agencies and Areas” below. • Cedar Key Special Water and Sewer District • Eastpoint Water and Sewer District Florida Keys Aqueduct Authority • Immokalee Water and Sewer District This authority was created by special act in 1959 to pro- • Loxahatchie River Environmental Control District vide a water supply. Amending legislation added treat- ment of wastewater to the authority’s responsibilities. The Districts having an ex officio board or lacking fiscal authority is governed by a board of directors appointed by autonomy are not counted as separate governments. See the Governor. The authority may issue bonds and may fix “Subordinate Agencies and Areas” below. fees, rates, rentals, and other charges. Daytona Beach Racing and Recreational Facilities District Gas Districts The following districts were established by special acts to This district was created by special act. The district is supply gas: governed by a district commission composed of two mem- bers appointed by the Board of County Commissioners • Lake Apopka Natural Gas District of Volusia County, two members appointed by the city • Okaloosa County Gas District commission of Daytona Beach, and one member appointed jointly. This district may set ad valorem taxes, issue bonds, • Palatka Gas Authority and set rates, rentals, fees, and charges.
Governments—Individual State Descriptions Florida 57 A board appointed by the participating governments the commissions representing the various governments governs each district. These districts may collect rates and served. These commissions may fix and collect rents, and charges, and may issue bonds. may issue revenue bonds.
Gasparilla Island Bridge Authority Housing Finance Authorities This authority was established by a special act to operate Housing finance authorities may be created by ordinance the Gasparilla Island bridge and causeway. It is governed of the county commissioners to provide mortgage credit by a board of five popularly elected members and four for low- and moderate-income housing. The five-member nonvoting members appointed by governing bodies of Lee authority board is appointed by the county commission- and Charlotte Counties. The authority may levy ad valorem ers. The authorities may make loans to mortgage lending taxes with voter approval, fix and collect tolls, and issue institutions, fix charges, and issue revenue bonds. revenue bonds. County governments may reorganize housing finance Greater Seminole Area Special Recreation authorities as agencies of the county government. In coun- District ties where such reorganizations have taken place, housing finance authorities are not counted as separate govern- This district was created by special act. The district is ments. See “Subordinate Agencies and Areas” below. governed by a board of commissioners composed of five members appointed by the board of county commission- Joint Electric Power Supply Projects—1975 ers of Pinellas County and two members appointed by the Law city council of the city of Seminole. The district may set ad Two or more agencies operating electric utilities may, by valorem taxes with voter approval. agreement, create a joint agency to acquire, construct, and Hastings Drainage District operate power supply projects. The composition of the gov- erning body is specified in the agreement. Joint agencies of This district was created by a 1919 special act to pro- this type may impose rates and charges and issue bonds. vide drainage in a specified area in Putnam and St. Johns Counties. The district is governed by a board of supervi- Key West Utility Board sors elected by the property owners. The district may set This board was created to operate electric utilities in Key ad valorem taxes. West. It was authorized by special act. The board is elected Hillsborough County Public Transportation by the voters. It may fix charges and issue revenue bonds. Commission Lake Padgett Estates Independent Special This commission was created by a 1983 special act to District regulate vehicles for hire within the county. The com- This district was created by special act to maintain and mission consists of two ex officio members from the city operate recreational amenities and associated infrastruc- council of Tampa appointed by the council; one ex officio ture. The district is governed by a popularly elected board member from the city council of Plant City appointed by of supervisors. The district has the power to set and levy the commission; one ex officio member from the city coun- special assessments and, with voter approval, property cil of Temple Terrace appointed by the council; and three taxes. The district also may set charges. members appointed by the aforementioned. The commis- sion may fix or approve taxicab rates, fares, and charges; Lee County Hyacinth Control District may fix fees for permits and driver’s licenses; and may fix penalties for driving violations. This district was established by special act. It is governed by the board of the Lee County Mosquito Control District Housing Authorities but is a separate legal entity. The Lee County Hyacinth Control District may levy ad valorem taxes. Florida general law provides for three types of housing authorities: county, municipal, or regional (two or more Library Districts contiguous counties). The authorities are established by resolution of the county or city governing bodies. The following districts were established by special acts to Municipal housing authority commissioners are appointed operate under the authority of Florida Statute 189.404 to by the mayor; county and regional housing authority com- provide and operate libraries: missioners are appointed by the Governor. Housing author- Alachua County Library District—administered by a ities may fix and collect rents, and issue revenue bonds. six-member board consisting of three county commis- Area housing commissions to provide public hous- sioners, two members of the Gainesville city council, and ing have been created by special act in some localities. one member of the county school board. These acts provide for appointment of the members of 58 Florida Governments—Individual State Descriptions Fort Myers Beach Library District—administered by a Multi-County Library Cooperatives seven-member popularly elected board. Multi-county library cooperatives may be created by Merritt Island Library District—administered by a interlocal agreement. The cooperatives are governed by 15-member governing body appointed by the Governor. boards composed of representatives of the member librar- ies. The entities receive local membership fees and federal Sanibel Public Library District—administered by a funding. The cooperatives must meet certain standards to popularly elected board. be eligible for state funding. West Florida Regional Library District—administered Single-county library cooperatives are not counted as by a board appointed by the member governments. separate governments. See “Subordinate Agencies and These library districts are financed by property tax levies. Areas” below. For library districts that are dependent agencies of county governments and are not counted as separate govern- Municipal Service Districts ments, see “Subordinate Agencies and Areas” below. The following municipal service districts were created by special acts to provide various services: Mobile Home Park Recreation Districts • Lake Asbury Municipal Service District These districts provide street lighting and recreational • Ponte Vedra Beach Municipal Service District facilities. They are established by county or municipal ordi- nance upon voter approval. An elected board of supervi- The Ponte Vedra Beach district is governed by an elected sors governs each district. The districts may levy special board. The district may levy ad valorem taxes; fix rates, assessments, fix charges for use of recreational facilities, fees, and charges; and issue bonds. Similar provisions and issue bonds. apply to the Lake Asbury district.
Mosquito Control Districts Navigation and Port Districts and Authorities A general law provides for establishment of these districts by The following districts were established by special acts. county commissioners after petition has been made by land- They provide and operate port facilities and ship channel owners. The law was repealed in 1980, but existing districts improvements. Some may also provide and operate air- may continue to operate under its provisions. An elected ports or finance industrial facilities as well: board of commissioners governs each district organized under this law. The districts may levy ad valorem taxes. • Canaveral Port Authority • Florida Inland Navigation District Since 1980, any new districts created under general law are governed by the county commissioners ex officio and • Hillsboro Inlet District are not counted as separate governments. See “Subordinate • Jupiter Inlet District Agencies and Areas” below. • Lake Region Lakes Management District In addition, the following districts were created by special • Ocean Highway and Port Authority acts. An elected board governs each district. The following • Port of Palm Beach District districts may levy ad valorem taxes, and in some cases, • Port St. Joe Port Authority may issue bonds. • St. Augustine Port, Waterway, and Beach District • Anastasia Mosquito Control District • Sebastian Inlet Tax District • Citrus County Mosquito Control District • West Coast Inland Navigation District • Collier Mosquito Control District The governing bodies of these districts may be elected, • Florida Keys Mosquito Control District (formerly appointed by local officials, or appointed by the Governor. Monroe County Mosquito Control District) They also may consist of local officials serving ex officio. • Fort Myers Beach Mosquito Control Tax District They may issue bonds, collect tolls and fees, and levy taxes. • Indian River Mosquito Control District For districts of this type that are dependent agencies of the • Lee County Mosquito Control District state government and are not counted as separate govern- • Manatee County Mosquito Control District ments, see “Subordinate Agencies and Areas” below. • Moore Haven Mosquito Control District Orlando Utilities Commission • Pasco County Mosquito Control District This commission was created by a special act to provide • South Walton County Mosquito Control District water and electric utilities within the Orlando area. Its mem- bers are nominated by the nominating board of the city of
Governments—Individual State Descriptions Florida 59 Orlando, subject to the approval of the remaining members the voters. A board of supervisors that may be popularly of the Orlando Utilities Commission itself. The commission elected or elected by landowners governs each district. may fix service charges and may issue revenue bonds. The districts may levy taxes, collect user fees, and issue revenue bonds. Performing Arts Center Authority In addition, the following districts were created by spe- This authority was created by special act to own and main- cial acts: tain cultural, civic, and recreational facilities in Broward County. The authority is governed by a 13-member board • Bayshore Garden Park and Recreation District composed of five members appointed by the county • Carrollwood Recreation District commissioners; two members selected by the commis- • Holiday Park Park and Recreation District sion of the city of Ft. Lauderdale; one member selected by • Trailer Estates Park and Recreation District the downtown development authority (of the city of Ft. Lauderdale); one member appointed by the Broward County • Twelve Oaks Special (Recreation) District School Board; and four members appointed by the Broward These districts have elected boards and they generally Performing Arts Foundation. The authority may fix and col- have the same revenue powers as districts created under lect fees and charges, and may issue revenue bonds. general law, though the special act may have special applications. Pinecraft Lighting District Recreation districts that are governed by county or munici- This district was established by special act and referen- pal governing bodies ex officio or lacking fiscal autonomy dum to provide street lighting. A board appointed by the are not counted as separate governments, see “Subordinate Governor, from nominations by the county board, governs Agencies and Areas” below. the district. The district may set special assessments.
Lighting districts created pursuant to special acts may not Regional Transportation Authorities be counted as separate governments, see “Subordinate These authorities are created pursuant to Florida Statutes Agencies and Areas” below. Street lighting districts also Chapter 163, Part V, which is the general law for form- may be created by county ordinances pursuant to the ing regional transportation authorities. Any two or more county’s broad powers; these districts are not counted as contiguous counties, municipalities, other political subdivi- separate governments. sions, or combinations thereof may create a charter com- mittee. The charter committee creates and files the charter Pinellas Park Water Management District with the department of state, at which time the authority is This district was created by special act to provide storm activated and legally constituted. Each authority is gov- drainage to the municipality of Pinellas Park and surround- erned by a board of directors. The Governor appoints two ing area. The district is governed by a board consisting of members, and each participating entity appoints one or two members appointed by the city council of Pinellas Park more members, based on population. The authorities may and one member appointed by the county commission for set ad valorem taxes with voter approval, issue bonds, and Pinellas County. The district may set ad valorem taxes and set fares and other charges. fees, and may issue bonds. The following authorities and districts were created by Pinellas Suncoast Transit Authority special acts pursuant to Florida Statutes Chapter 343 to provide and operate regional transportation authorities. This authority was established by special act. Members of its board are appointed by the county and participating Central Florida Regional Transportation cities. The authority may set rates and charges and, with Authority—This authority, which serves Brevard, voter approval, levy ad valorem taxes. Orange, Osceola, and Seminole Counties, is governed by a board of five directors consisting of three county Polk Transit Authority representatives including the chair of the board of com- missioners, the mayor of the City of Orlando, and one This authority was established by special act. Members of member from the state department of transportation. its board are appointed by the county and participating cities. The authority may set rates and charges and, with Northwest Florida Transportation Corridor voter approval, levy ad valorem taxes. Authority—This authority serves the US 98 corridor. The authority is governed by eight voting members, one Recreation Districts representing each of the eight participating counties Districts to provide and operate recreational facilities may appointed by the Governor. be established by ordinance of a city or county governing body after referendum or upon petition of the majority of
60 Florida Governments—Individual State Descriptions South Florida Regional Transportation Authority— Regional Workforce Development Boards This authority was originally created to serve Broward, Twenty-four boards were established by state law and Miami-Dade, and Palm Beach Counties. The authority designated and certified by the Governor. The boards sign is governed by a board of nine directors, including one interlocal agreements to provide services. The boards county commissioner and one citizen appointed by the select administrative entities and local service providers. county commissioners of each county, one employee of The boards also oversee the one-stop career centers. The the state department of transportation, and two mem- boards are appointed by the governing boards of the coun- bers appointed by the Governor. The authorizing law ties and municipalities in the designated area. The boards provides that the authority may expand its service area, distribute federal funding. in which case the board would expand to include repre- sentatives of the additional participating counties. Sanitary and Water Supply Districts Tampa Bay Area Regional Transportation The following districts were established by special acts to Authority—This authority, which serves seven coun- provide water supply, sewerage, or solid waste disposal ties, is governed by a board of directors of fifteen vot- facilities: ing members. Board members include three members appointed by participating municipalities, seven mem- • Alligator Point Water Resources Board bers appointed by participating county commissions, • Englewood Water District four members appointed by the Governor, and one mem- • Homosassa Special Water District ber appointed by the West Central Florida Metropolitan • Key Largo Wastewater Treatment District Planning Organization • Tohopekaliga Water Authority Each of these authorities may fix rates, fares, fees, rentals, and charges, and may issue revenue bonds. The districts listed above are administered by boards appointed by the Governor or are elected except for the Regional Water Management Districts Tohopekaliga Water Authority. The Tohopekaliga Water Authority has a board appointed by the county and city A general law divides the state into the following water and, in addition, each general-purpose local government management districts to provide flood control and water entering into an interlocal agreement with the authority conservation facilities: may appoint one member. All of these districts may collect • Northwest Florida Water Management District charges for their services and issue bonds. All may levy • St. Johns River Water Management District special benefit assessments and some may set and levy ad valorem taxes. • South Florida Water Management District • Southwest Florida Water Management District Districts of this type are dependent agencies of county governments and are not counted as separate govern- • Suwannee River Water Management District ments, see “Subordinate Agencies and Areas” below. Each of these districts is administered by a board appointed by the Governor with Senate confirmation. Stewardship Districts Regional water management districts may levy ad valorem These districts are created by special act to operate under taxes and issue general obligation bonds. the authority of Florida Statutes 189.404 and the gen- Subdistricts or basins are established by the govern- eral law authorizing community development districts. ing body of a regional water management district. They Interlocal agreements may also be required. The districts are administered by boards of at least three members are governed by a board of supervisors that is initially appointed by the Governor, plus a member of the board of elected by the property owners but switches to popular the establishing regional water management district serv- election when a minimum number of qualified electors ing as ex officio chairperson. These subdistricts may levy reside in the district. The districts may impose various ad valorem taxes, but are not counted as separate govern- assessments, property taxes, and user fees. The districts ments for Census Bureau purposes. may issue general obligation bonds within limits and also revenue bonds and assessment bonds. Regional Water Supply Authorities—1974 Law Soil and Water Conservation Districts These authorities are established pursuant to interlo- cal agreements to provide wholesale water supply. The These districts are established by the state department of composition of the authority governing body is specified agriculture and consumer services upon petition of land- in the interlocal agreement. Regional water supply authori- owners and after local referendum. An elected board of ties may levy ad valorem taxes, collect charges, and issue supervisors governs each district. Soil and water conserva- revenue bonds. tion districts may require contributions from benefitted landowners.
Governments—Individual State Descriptions Florida 61 Watershed improvement districts are created within soil the county commissioners serving in an ex officio capacity. and water conservation districts and are not counted as These also are not counted as separate governments. See separate governments. Their elected boards of directors ‘‘Subordinate Agencies and Areas’’ below. act under the supervision of the parent soil and water conservation district. With voter approval, they may issue SUBORDINATE AGENCIES AND AREAS bonds and levy ad valorem taxes. Shown below are various governmental designations in Florida that have certain characteristics of governmental Sun’n Lake of Sebring Improvement District units, but that are classified in Census Bureau statistics This district was created in 1974 by county ordinance to as subordinate agencies of the state or local governments provide water, sewer, irrigation, fire, recreation, and other and are not counted as governments. Legal provisions services. The district is governed by a board of supervi- for some of the larger of these are discussed below. (See sors that is elected by the landowners or appointed by the ‘‘Public School Systems’’ above regarding educational county. The district may fix fees and rentals, and set main- agencies of this nature). tenance assessments, which may require voter approval. Among the subordinate agencies and areas listed below, Tallahassee-Leon County Civic Center some represent ‘‘special taxing areas’’ within the territory of Authority an established government. This method of financing addi- tional services in limited areas by property taxation, while This authority was created by special act to own and also used by some municipal and township governments operate the Donald L. Tucker Civic Center. The authority in a few states, is more widely utilized by county govern- is governed by a 13-member board consisting of seven ments. In the listing below of authorized county-related members appointed by the president of the Florida State agencies, an asterisk (*) appears for each entity of this University, two members appointed by the president of the kind—i.e., any that may individually serve a portion rather Florida Agricultural and Mechanical University, two mem- than all of a county and for which a tax may be levied bers appointed by the Mayor of the city of Tallahassee, and against the assessed value of property in the area served. two members appointed by the chair of the Leon County Board of County Commissioners. The authority may issue In addition to the specific classes of entities listed below, bonds and may fix and collect rates, rentals, fees, and counties have the power (under a general law) to create a other charges. wide variety of municipal service taxing units and munici- pal service benefit units to provide virtually any type of Tampa Sports Authority service. Such districts are not included in the other types of subordinate agencies and areas listed below. They are gov- This authority was created by special act. The board erned by the county commissioners and are not counted as consists of four members appointed by the Mayor of separate governments. Tampa with the approval of the city council, four mem- bers appointed by the Board of County Commissioners of Expressway Authorities (state)—Under the Florida Hillsborough County, and one appointed by the Governor, Expressway Authority Act, any county or two or more plus one member from each of the city’s and county’s gov- contiguous counties located within a single state trans- erning boards designated by the same. The authority may portation district may create an expressway authority by issue revenue bonds and set fees, rates, and rentals. resolution of the boards of county commissioners. These authorities are governed by boards consisting of repre- Water Control Districts sentatives appointed by the Governor and by the county Water control districts may be created by special acts boards. The authorities may make leases, may issue bonds, pursuant to Florida Statutes 298. These districts provide and may set tolls, rates, fees, rentals, and other charges. drainage, reclamation, and water conservation facilities. The authorities may, at the authority’s option, make lease- Establishment requires action of the circuit court and land- purchase agreements with state or local agencies or with owner election of a governing board. Water control districts private entities. The Miami-Dade Expressway Authority was may levy benefit assessments and issue bonds. Some dis- created pursuant to this act. tricts may set ad valorem taxes. Entities created under this In addition, the expressway and bridge authorities listed law may be known by a variety of names such as “improve- below were created by special acts under the Florida ment districts.” Entities created pursuant to earlier versions Expressway Authority Act. They operate under similar of this law are known as “drainage districts” or “water provisions.2 management districts.” • Orlando-Orange County Expressway Authority Districts created by special act but lacking administrative • Osceola County Expressway Authority or fiscal autonomy are not counted as separate govern- ments. Districts created pursuant to Florida Statutes 298 • Santa Rosa Bridge Authority by action of the county governing body are governed by • Tampa-Hillsborough County Expressway Authority
62 Florida Governments—Individual State Descriptions Florida Housing Finance Corporation (state)—This Inland Protection Financing Corporation agency was created by an act of the legislature to provide Local health units mortgage credit for low- and middle-income housing. A Navigation districts (under supervision of the state division board of eight members appointed by the Governor plus of resource management) the secretary of community affairs ex officio, governs the agency. The agency may fix fees and charges, make mort- Space Florida gage loans, and issue revenue bonds. Suwannee River Authority Technological Research and Development Authority Industrial development authorities (county)—These authorities are established by resolution of the county Workforce Florida, Inc. governing body to finance the construction of industrial, County7 airport, port, pollution control, health care, commercial, or recreational facilities. The authority board consists of General laws and substantially uniform special acts: five members appointed by the county governing body. Advertising authorities (also known as convention develop- The authority may fix charges, set fees and rent, and issue ment tax authorities) revenue bonds. The county may levy ad valorem taxes on behalf of an authority. Airport authorities and districts created by local ordinance Beach and shore preservation districts Jacksonville Transportation Authority (state)—This authority was created by special act. The authority is gov- Community redevelopment agencies erned by a board consisting of three members appointed County fine arts councils by the Governor with Senate confirmation and three mem- County land authorities bers appointed by the mayor of the City of Jacksonville County research and development authorities with city council confirmation, plus the district secretary for the state department of transportation district that *County water and sewer districts includes Jacksonville. The authority may make leases, issue Development authorities and districts bonds, and set tolls, rates, fees, rentals, and other charges. Health facilities authorities The authority may, at its option, make lease-purchase Housing finance authorities reorganized as agencies of agreements with the state. the county Seminole and Miccosukee Tribal Special Law libraries Improvement Districts (state)—Two districts were cre- Mosquito control districts with ex officio boards ated by the state of Florida to plan, contract for, and imple- Municipal service benefit units ment programs for law enforcement, housing, education, health care, and related activities. Each district is governed Municipal service taxing units by a tribal governing body. The districts may accept gifts, Planning and zoning districts and commissions grants, and loans. Public health trusts Other examples are: Recreation districts with ex officio boards Recreation and water conservation and control districts State3, 4, 5, 6 and authorities Citizens Property Insurance Corporation Regional jails Enterprise Florida, Inc. Safe neighborhood improvement districts Florida Agriculture Center and Horse Park Authority Single-county library cooperatives Florida Correctional Medical Authority *Special improvement service districts Florida Development Finance Corporation *Special road and bridge districts Florida Engineers Management Corporation Water control districts with ex officio boards or lacking Florida Export Finance Corporation fiscal autonomy Florida Healthy Kids Corporation Other special acts by county: Florida State Fair Authority Bradford County: Florida Tourism Marketing Corporation Bradford County Historical Board Florida Virtual School Brevard County: Florida Water Pollution Control Financing Corporation Brevard County Free Public Library District H. Lee Moffitt Cancer Center and Research Institute Brevard County Special Recreation District Higher Educational Facilities Financing Authority
Governments—Individual State Descriptions Florida 63 Melbourne-Tillman Water Control District Lee County: North Brevard County Public Library District Lee County Port Authority Titusville-Cocoa Airport District Lee County Trauma Services District Broward County: Manatee County: Broward Economic Development Board Manatee County Civic Center Authority Broward Solid Waste Disposal District Manatee County Port Authority Charlotte County: Marion County: Burnt Store Isles Canal Special Assessment District Dunnellon Airport Authority Punta Gorda Isles Canal Special Assessment District Marion County Utility Authority Citrus County: Rainbow Lakes Estates Municipal Service District Citrus County Library District Monroe County: Clay County: Monroe County Historical Restoration and Clay County Development Authority Preservation Commission Collier County: Okaloosa County: Collier County Water-Sewer District Emerald Coast Bridge Authority (formerly the Fort Walton Beach Area Bridge Authority) Dade County Mid-Bay Bridge Authority Dade County Educational Facilities Authority Orange County: Miami-Dade County Library District Lake Conway Water and Navigation Control District Escambia County: Orange County Civic Facilities Authority Pensacola-Escambia Promotion and Development Commission (joint county-city) Orange County Library District Santa Rosa Island Authority Windermere Water and Navigation Control District Franklin County: Osceola County: Carrabelle Hospital Tax District Osceola County Library District Gadsden County: Palm Beach County: Gadsden County Hospital Palm Beach County Library Taxing District Quincy-Gadsden Airport Authority Palm Beach County Solid Waste Authority Gilchrist County: Pasco County: Gilchrist County Development Authority Pasco County-Highlands Road and Bridge District Gulf County: Pinellas County: Howard Creek Fire Control District Pinellas County Emergency Medical Services Authority Overstreet Fire Control District Pinellas County Fire Protection Authority Port St. Joe Port Authority Putnam County: St. Joseph Fire Control District Putnam County Port Authority Tupelo Fire Control District St. Johns County: Hendry County: Anastasia Sanitary District Cooperative Producers Water Control District Vilano Street Lighting District Hernando County: St. Lucie County: Hernando County Aviation Authority Port St. Lucie Street Lighting District Hernando County Port Authority St. Lucie County Erosion District Hillsborough County: St. Lucie County Mosquito Control District Hillsborough County Hospital Authority Sarasota County: Northdale Special District Sarasota County Mosquito Control District Sugarwood Groves Special District South Venice Road and Bridge District 2 Tampa Port Authority Seminole County: Twelve Oaks Special District Seminole County Port Authority
64 Florida Governments—Individual State Descriptions Suwannee County: Jupiter Island Beach Protection District Suwannee County Development Authority Kissimmee Fire Control District Taylor County: Lake Wales Library Board Taylor County Development Authority Miami Sports and Exhibition Authority Union County: Naples Airport Authority Union County Development Authority North Lauderdale Water Control District Union County Special Library District North Port Road and Drainage District Volusia County: Panama City Port Authority Ponce De Leon Inlet and Port District Pensacola Downtown Improvement Board Washington County: Pensacola-Escambia Governmental Center Authority Northwest Florida Community Hospital District (joint county-city) Washington County Development Authority Pensacola-Escambia Promotion and Development Commission (joint county-city) Multi-county Agencies—Special Acts Pompano Beach Emergency Medical Services District Tri-County Airport Authority (Holmes, Jackson, and Quincy-Gadsden Airport Authority (joint county-city) Washington Counties) Sanford Airport Authority Municipal Sebring Airport Authority General laws and substantially uniform special acts: West Palm Beach Golf Commission
Airport authorities and districts created by local ordinance Joint Dependent Agencies
Community redevelopment agencies Educational facilities benefit districts (joint district school Downtown development and improvement authorities board and local general purpose governments) Health facilities authorities Florida laws also provide for various types of local areas Recreation districts with ex officio boards for election purposes and administration of justice.
Safe neighborhood improvement districts 1 Four cities and towns located in Duval County continue to Urban renewal commissions exist as separate governments: Atlantic Beach, Baldwin, Jackson- ville Beach, and Neptune Beach. The general services district, Utilities boards and commissions which encompasses all of Duval County, and the urban service dis- trict, which covers the densely populated portion of Duval County, Other Special Acts: are not counted as separate governments. 2 Legislation authorizing the Brevard County Expressway Acme Improvement District Authority, Pasco County Expressway Authority, St. Lucie County Expressway Authority, Seminole County Expressway Authority, and Bartow Municipal Airport Development Authority the Southwest Florida Expressway Authority was repealed in 2011. Carrollwood Meadows Special District 3 Legislation authorizing the Florida Commercial Space Financ- ing Corporation was repealed in 2006. Interlachen Fire Control District 4 Legislation authorizing the Florida High Speed Rail Authority was repealed in 2009. Jacksonville Aviation Authority 5 Legislation authorizing the Investment Fraud Restoration Jacksonville Downtown Development Authority Financing Corporation was repealed in 2007. 6 The Tampa Bay Area Regional Transportation Authority was Jacksonville Electric Authority reclassified as a special district. 7 Jacksonville Port Authority Legislation authorizing county and municipal historic preser- vation boards was repealed in 1991. Jacksonville Public Library District
Governments—Individual State Descriptions Florida 65 Georgia
Georgia ranks twenty-third among the states in number of The county board of education in each county administers local governments with 1,378 active as of June 30, 2012. all local schools in the county except those operated by independent (city) school districts. Members of all county COUNTY GOVERNMENTS (153) boards of education are elected. The county boards of The entire area of the state is encompassed by county education determine the amount of money to be raised by governments except for the areas of Chattahoochee, local school taxes and may issue bonds. Clarke, Muscogee, Quitman, and Richmond counties. These The independent (city) school districts in Georgia were areas are served by the Cusseta-Chattahoochee Unified established by special acts of the General Assembly prior Government, Unified Government of Athens-Clarke County, to the adoption of the 1945 constitution; therefore, the Consolidated Governments of Columbus, Georgetown legal provisions under which they operate are not uniform. and Quitman County Unified Government, and Augusta- By provision of the 1983 constitution, new independent Richmond Consolidated Government, respectively. These school districts cannot be created. Members of the boards consolidated governments are counted as municipal of independent school districts are elected. governments, rather than county governments in Census Bureau reporting on government statistics. Dependent Public School Systems (0) Most Georgia counties are governed by a board of county Georgia has no dependent public school systems. commissioners, but in some counties the governing author- ity is a sole county commissioner. Georgia counties operate Other Educational Activities under home rule. Several building authorities created for the purpose of pro- viding buildings, facilities, and services for individual school SUBCOUNTY GENERAL PURPOSE districts have been created by special acts. These authori- GOVERNMENTS (535) ties are authorized to issue debt with debt service provided Municipal Governments (535) under contractual arrangements such as lease/purchase agreements with the school districts. They are counted Municipal governments in Georgia are the cities and towns. as dependent activities of the respective school districts. Cities and towns may operate under charters passed as Officers of the authorities are appointed, usually by the special laws by the General Assembly or by home rule char- school district board of education, and may include school ters. The most common form of governance for municipali- district and board of education officials serving ex officio. ties in Georgia is the mayor-council. There are no signifi- cant differences between the cities and towns with regard The regional educational service agencies provide supple- to legal status and powers that affect their classification for mentary services to school districts and are financed by Census Bureau purposes. state funds and by contributions from participating school districts. For Census Bureau purposes, they are classified A 1963 law provides that a minimum population of 200 as joint educational service agencies of the school districts inhabitants is required for incorporation as a municipality. they serve. They are not counted as separate governments.
Township Governments (0) Any city, county, county school system, independent school system, or other political subdivision of the state pos- Georgia has no township governments. sessing a power to tax may separately or jointly establish, PUBLIC SCHOOL SYSTEMS (180) maintain, and operate one or more junior colleges. The creating government establishes a mill tax to help fund the School District Governments (180) junior college. No junior colleges currently exist under this provision. The following types of school districts in Georgia are counted as separate governments for Census Bureau Gwinnett Technical College, previously known as Gwinnett purposes: Technical Institute, is governed by the board of educa- tion of Gwinnett County but conforms to state standards • County boards of education applicable to technical colleges. Other technical colleges in • Independent (city) school districts Georgia are operated by the state government.
66 Georgia Governments—Individual State Descriptions SPECIAL DISTRICT GOVERNMENTS (510) counties or municipalities. They may provide such services as streets, parks, sewerage, water, ports, public transporta- Georgia statutes authorize the creation of a variety of tion, parking, and other services as specified in the local special districts or authorities that are counted as separate legislation. They are governed by boards that can consist governments in Census Bureau statistics. These are dis- of local officials, members elected by property owners, or cussed in detail below. any combination of the two as specified in the authorizing Airport Authorities legislation. Districts may levy ad valorem property taxes, special assessments, and fees as specified in the autho- A number of airport authorities have been authorized by rizing legislation and may issue general obligation and special acts but with similar provisions for administration revenue bonds. and operation. The authorities are governed by boards appointed by officials of the establishing governments and, Districts that lack the autonomy to be classified as sepa- in a few cases, also have one or more local officials serving rate governments are classified as dependent agencies of ex officio. These authorities may issue revenue bonds and the county or municipality they serve. See “Subordinate impose charges for their facilities and services. Agencies and Areas” below.
Airport authorities lacking autonomy are not counted as Community Mental Health, Developmental separate governments for Census Bureau purposes. See Disabilities, and Addictive Diseases Service “Subordinate Agencies and Areas” below. Boards Existing boards of this type were reauthorized under a Albany-Douglas Inner City Authority 2006 law to contract with various state departments to The Albany-Douglas Inner City Authority, previously clas- provide services to regions established by the state. They sified as a special district government, has been reclassi- are governed by boards that include members appointed fied as a dependent activity of the city of Albany effective by member counties (where the number of members is for the 2012 Census of Governments. See “Subordinate based on population). The board may appoint up to three Agencies and Areas” below. additional members, including elected officials. The boards may fix and collect fees. These boards may be referred to Americus Theater and Cultural Center as community service boards. Authority Community mental health, developmental disabilities, The Americus Theater and Cultural Center Authority, and addictive diseases service boards governed by county previously classified as a special district government, has boards of health are not counted as separate governments been reclassified as a dependent activity of the city of for Census Bureau purposes. See “Subordinate Agencies Americus effective for the 2012 Census of Governments. and Areas” below. See “Subordinate Agencies and Areas” below. Conyers-Rockdale-Big Haynes Impoundment Augusta-Richmond County Coliseum Authority Authority The Augusta-Richmond County Coliseum Authority, pre- The Conyers-Rockdale-Big Haynes Impoundment Authority, viously classified as a special district government, has previously classified as a special district government, been reclassified as a dependent activity of the Augusta- has been reclassified as a dependent activity of Rockdale Richmond Consolidated Government effective for the 2012 County effective for the 2012 Census of Governments. See Census of Governments. See “Subordinate Agencies and “Subordinate Agencies and Areas” below. Areas” below. Covington Parking Authority Cobb-Marietta Coliseum and Exhibit Hall Authority The Covington Parking Authority, previously classified as a special district government, has been reclassified as a The Cobb-Marietta Coliseum and Exhibit Hall Authority, pre- dependent activity of the city of Covington effective for the viously classified as a special district government, has been 2012 Census of Governments. See “Subordinate Agencies reclassified as a dependent activity of Cobb County effec- and Areas” below. tive for the 2012 Census of Governments. See “Subordinate Agencies and Areas” below. Development Authorities (Industrial and Economic) Community Improvement Districts Joint development authorities may be created under gen- These districts may be created by the Georgia General eral law by resolution of any combination of municipalities Assembly through the enactment of local legislation, and counties or by any county in the state of Georgia and subject to approval of owners of taxable real property any contiguous county in an adjoining state. The resolution within the district and the governing bodies of any affected
Governments—Individual State Descriptions Georgia 67 creating a joint development authority specifies the num- a combination of the two, to provide hospital facilities. ber and composition of the board. Joint authorities con- A board appointed by the creating governing body(ies) duct a variety of projects including air and water pollution governs each authority. The authority board may issue control facilities, sewage and solid waste disposal facilities, bonds, fix and collect fees for services, and accept gifts and industrial parks. The authorities may issue revenue and grants. Although these entities have no authority to bonds. levy taxes, the governing body of a county or city may levy an annual ad valorem tax to pay for services or facilities Development authorities, whether created by a single provided by the authorities. government or jointly by two or more governments, may be established under general law or special constitutional Housing Authorities amendments. These authorities may be designated as an industrial development authority, industrial development Housing authorities may be organized in any county or city and building authority, industrial building authority, or where the governing body has adopted a resolution declar- economic development authority. ing the need for a housing authority on its own motion or upon petition of residents. Generally, the mayor or the Development authorities created by a single government county governing body appoints the commissioners of city are classified as a dependent activity of the creating gov- or county housing authorities, respectively. The authoriz- ernment (county or municipality). Those created by a single ing resolution determines the composition and size of the county and the city designated as the county seat are clas- board. The authorities may issue bonds and fix and collect sified as a dependent activity of the county government, rentals. Georgia laws also provide that two or more con- except in circumstances where the authority is identified as tiguous counties may establish regional housing authori- a dependent activity of the city. Those created by a single ties with the same legal powers as city or county housing county and multiple cities with the county area are clas- authorities. Additionally, two or more municipalities may sified as a dependent activity of the county government form a consolidated housing authority. Two or more hous- except in circumstances where the authority is identified ing authorities may form a joint authority. as a dependent activity of one city. Those authorities cre- ated by multiple counties are classified as special district Interlocal Risk Management Agencies—1986 governments except in circumstances where the authority Laws is identified as a dependent activity of one of the county These agencies are created by intergovernmental agree- governments. See “Subordinate Areas and Agencies” below. ment between two or more governments to pool liability Dougherty County Stadium Authority insurance under the provisions of either of two laws: one applying to local governments and the other to school The Dougherty County Stadium Authority (formerly listed districts. Before an agency may be established, a certifi- as the Albany Stadium Authority) was authorized by cate authorizing the creation must be issued by the State special act. The governing body is appointed by the city Commissioner of Insurance. The number and the manner and county governing bodies and by the county board of of selection of the agency trustees are specified in the education. The authority may fix and collect fees and may intergovernmental agreement. The agency may fix rates for issue revenue bonds. its services.
Fort Valley Utility Commission Joint Liberty County, City of Gum Branch, City The Fort Valley Utility Commission, previously classified of Midway, City of Riceboro, and the City of as a special district government, has been reclassified as a Walthourville Fire Protection Facilities and Equipment Authority dependent activity of the city of Fort Hunt effective for the 2012 Census of Governments. See “Subordinate Agencies The Joint Liberty County, City of Gum Branch, City of and Areas” below. Midway, City of Riceboro, and the City of Walthourville Fire Protection Facilities and Equipment Authority, previously Harris County Public Improvements Authority classified as a special district government, has been reclas- The Harris County Public Improvements Authority, previ- sified as a dependent activity of Liberty County effective ously classified as a special district government, has been for the 2012 Census of Governments. See “Subordinate reclassified as a dependent activity of Harris County effec- Agencies and Areas” below. tive for the 2012 Census of Governments. See “Subordinate Joint Resource Recovery Development Agencies and Areas” below. Authorities Hospital Authorities These authorities are formed for the purpose of recover- Hospital authorities may be created by resolution of ing and utilizing resources contained in sewage sludge one or more county or municipal governing bodies, or and solid waste, and for the generation of electrical and other forms of energy from water resources. They may be 68 Georgia Governments—Individual State Descriptions created by ordinance or resolution of the governing bodies Municipal Gas Authority of Georgia of any number of counties or municipalities regardless of This authority was created by 1987 legislation to provide location. Each participating governing body appoints two wholesale supplies of gas to member governments which members, and the board of the authority appoints one own and operate natural gas distribution systems. The additional member. The authorities may issue bonds. As governing body consists of nine members selected by of June 30, 2012, no joint resource recovery development representatives of participating local governments. The authorities were reported in operation. authority may impose fees and set rates for member gov- Lake Allatoona Preservation Authority ernments and may issue revenue bonds. This authority was created by a 1999 special act to pre- Recreation Authorities serve and protect the Greater Lake Allatoona Watershed in Recreation authorities, previously classified as special dis- Cherokee, Cobb, and Bartow counties. The authority is gov- trict governments, have been reclassified as a dependent erned by a nine-member board of directors, with members activity of the respective city or county governments effec- appointed by the participating counties. The authority may tive for the 2012 Census of Governments. See “Subordinate issue revenue bonds and fix and collect fees, rates, tolls, Agencies and Areas” below. and charges. Regional Jail Authorities Lamar County Livestock and Agricultural Exposition Authority Regional jail authorities, previously classified as special dis- trict governments, have been reclassified as a dependent The legislation authorizing this authority was repealed activity of the respective city or county governments effec- effective 2009. tive for the 2012 Census of Governments. See “Subordinate Macon-Bibb County Transit Authority Agencies and Areas” below. This authority was created by a 1980 special act to acquire Regional Solid Waste Management Authorities and operate a transit system for the city of Macon and Bibb Regional authorities to provide the collection and disposal County upon joint resolution by the governing bodies. A of solid waste are created by ordinance of the governing board of seven members governs the authority, of whom bodies of two or more county or municipal governments. A four are appointed by the mayor of the city of Macon with board of directors, consisting of representatives appointed the consent of the city council and three are appointed by by the participating governments plus an additional mem- the Bibb County board of commissioners. The authority ber appointed by the board itself, governs each author- may set fares and other charges and issue bonds. ity. The authorities may fix and collect rentals and other Metropolitan Atlanta Rapid Transit Authority charges and may issue revenue bonds. Some of these authorities have been established by special acts. This authority was authorized by a constitutional amend- ment to operate the transit system in the Atlanta area. It is Solid waste management authorities established by a administered by a 12-member board of directors, com- single county or municipal government are not counted posed of ten members appointed by the governing bodies as separate governments for Census Bureau purposes. of the city of Atlanta, DeKalb County, and Fulton County, Additionally, authorities formed as joint ventures within plus the commissioner of transportation. The executive of a single county area are classified as a dependent activity the Georgia Regional Transportation Authority also serves of the county government. See “Subordinate Agencies and as a nonvoting member. The authority may fix and collect Areas” below fees and issue revenue bonds. In addition, the authority receives the proceeds of a sales tax. Savannah Economic Development Authority This authority was established by constitutional amend- Municipal Electric Authority of Georgia ment enacted by the General Assembly and ratified by This authority was created by 1975 legislation to gener- voters. The authority may acquire, construct, operate, sell, ate and transmit bulk electric power for sale to political or lease various self-liquidating projects such as industrial subdivisions in the state. The governing body consists of and manufacturing plants, wharves, docks, roads, bridges, nine members selected by representatives of participating terminals, and ferries. A 19-member board administers local governments. The authority may impose rates, fees, the authority; members are appointed on a rotating basis and other charges on member governments and may issue by the mayor and aldermen of the City of Savannah, the revenue bonds. existing board of the Savannah Economic Development Authority, and the county commissioners of Chatham County. The authority may issue revenue bonds and fix and collect rentals and charges for its facilities and services.
Governments—Individual State Descriptions Georgia 69 Soil and Water Conservation Districts Water and Sewer Authorities (special acts) Soil and water conservation districts may be formed by the A number of water and sewer authorities to provide water state soil and water conservation commission on petition supply or sewerage or both have been created by spe- of local landowners after a local referendum. A board of cial acts but with substantially similar provisions. They supervisors of at least five members governs each district, are administered by boards appointed by officials of the with two members appointed by the state soil and water governments they serve. Each water and sewer authority conservation commission and the others elected. In districts may issue revenue bonds and impose charges for ser- serving three or more counties, the state soil and water vices. Some of these authorities are designated as “utilities conservation commission appoints one member per county authorities.” and the rest are elected. These authorities may impose Water and sewer authorities that are governed by the charges on benefitted landowners and may accept grants. county commissioner’s ex officio are classified as subordi- South Cobb Redevelopment Authority nate agencies of the local government. See “Subordinate Agencies and Areas” below. The South Cobb Redevelopment Authority (formerly the South Cobb Development Authority), previously classified West Jackson Fire District as a special district government, has been reclassified as a The West Jackson Fire District, previously classified as a dependent activity of Cobb County effective for the 2012 special district government, has been reclassified as a Census of Governments. See “Subordinate Agencies and dependent activity of Jackson County effective for the 2012 Areas” below. Census of Governments. See “Subordinate Agencies and South Georgia Governmental Services Areas” below. Authority SUBORDINATE AGENCIES AND AREAS This authority, which succeeded the South Georgia Shown below are various governmental designations in Business Development Authority, was created by special Georgia that have certain characteristics of governmental act to provide broadband cable television and Internet ser- units but that are classified in Census Bureau statistics on vices, particularly a fiber optic network, to specified coun- governments as subordinate agencies of the state or local ties and cities. The eight-member board is appointed by governments and are not counted as separate govern- the cities of Cairo, Camilla, Moultrie, and Thomasville and ments. Legal provisions for some of the larger of these may include city or county officials ex officio. The authority are discussed below (see “Public School Systems” above may issue bonds. regarding educational agencies of this nature).
South Georgia Regional Information Georgia Building Authority and Georgia Education Technology Authority Authority (state)—These authorities have been estab- This authority was created in 2007 by special act to lished to provide for a variety of public buildings includ- provide communication services including broadband, ing buildings for markets, prisons, hospitals, universities, Internet, cable television, and associated services to private schools, and state offices. Substantially similar legal provi- and public users in the counties of Baker, Calhoun, Early, sions apply to each agency. Their governing bodies include Miller, and Mitchell. The 11-member board is comprised of state officers in an ex officio capacity plus an additional two residents from each county appointed by the govern- member appointed by the Governor. These authorities ing authority of the county and one member appointed by receive revenues from rentals and charges for facilities and the other members of the authority. The authority is autho- may issue revenue bonds. rized to accept grants and gifts; to fix and collect rates, Georgia Highway Authority (state)—This agency was fees, and charges for services, facilities, and commodities; established by act of the General Assembly to build state and to issue revenue bonds. highways and bridges. The authority board consists of the Governor, the commissioner of transportation, and the Tourism Authorities director of the Office of Planning and Budget, serving in an Tourism authorities, previously classified as special district ex officio capacity. The authority may fix rentals and may governments, have been reclassified as a dependent activ- issue revenue bonds. ity of their respective city or county governments effective for the 2012 Census of Governments. See “Subordinate Georgia Housing and Finance Authority (state)— Agencies and Areas” below. This authority, formerly the Georgia Residential Finance Authority, was authorized by act of the General Assembly to provide mortgage credit for low- and moderate-income housing. The authority is governed by the Board of Community Affairs serving in an ex officio capacity. The
70 Georgia Governments—Individual State Descriptions authority may fix and collect fees for facilities and services Georgia Medical Center Authority in connection with its loans and may issue revenue bonds. Georgia Music Hall of Fame Authority Georgia Ports Authority (state)—This authority was Georgia Public Telecommunications Commission established by a 1945 general law to acquire, build, oper- Georgia Rail Passenger Authority ate, and maintain port facilities. Members of the author- Georgia Regional Transportation Authority ity governing board are appointed by the Governor. The Georgia Seed Development Commission authority may fix and collect fees and issue revenue bonds. Georgia Sports Hall of Fame Authority Private Colleges and Universities Authority (state)— Georgia Student Finance Authority This authority was created by act of the General Assembly to finance facilities for private institutions of higher educa- Georgia Student Finance Commission tion. A board of five members appointed by the Governor Georgia Superior Court Clerks’ Cooperative Authority governs the authority. The authority may fix and collect Georgia Technology Authority fees and may issue revenue bonds. Jekyll Island State Park Authority Resource recovery development authorities (county Lake Lanier Islands Development Authority or municipal)—These authorities are created by ordi- North Georgia Mountains Authority nance or resolution of the governing body of a county or municipality. The authorities are governed by a board of Oconee River Greenway Authority five directors appointed by the county or municipality. The OneGeorgia Authority authorities may issue revenue bonds. Regional mental health, developmental disabilities, and addictive diseases planning boards State Road and Tollway Authority (state)—This author- ity was authorized by act of the General Assembly to build Sapelo Island Heritage Authority toll highway facilities. Authority board members consist Southwest Georgia Railroad Excursion Authority of the Governor, the commissioner of transportation, the State Museum of Agriculture (previously the Georgia director of the Office of Planning and Budget, and one Agrirama Development Authority) member each appointed by the Lieutenant Governor and Stone Mountain Memorial Association the Speaker of the House of Representatives. The authority may fix and collect tolls and may issue revenue bonds. County
Urban redevelopment agencies (municipal or Agencies established under general law and sub- county)—A municipality or county, in lieu of undertaking stantially uniform special acts: urban redevelopment itself or conferring the power on a Airport authorities (lacking autonomy) housing authority or on a downtown development author- Community mental health, developmental disabilities, ity, may, by resolution, establish an urban redevelopment and addictive diseases service boards (governed by agency. An agency board of commissioners, appointed county boards of health) by the mayor or by the board of county commissioners, governs each agency. These agencies may issue revenue County boards of health bonds. Community improvement districts (lacking sufficient autonomy including those in the counties of Burke, Other examples include: Douglas, Fulton, Henry, and Sumter) 1, 2, 3 State Development authorities (industrial and economic) Brain and Spinal Injury Trust Fund Commission Development authorities (industrial and economic) cre- ated under special act and lacking autonomy George L. Smith II Georgia World Congress Center Authority Fire and fire protection districts (including those in Georgia Agricultural Exposition Authority Briggs, Douglas, Gordon, Paulding, Thomas, and Georgia Development Authority West Jackson counties) Georgia Education Trust Health districts (serving one or more counties) Georgia Environmental Facilities Authority Lincoln County Recreation Authority Georgia High Risk Health Insurance Plan Public building authorities (for the counties of Fannin, Georgia Higher Education Assistance Corporation Franklin, Fulton, Lumpkin, Rabun, and Taylor) Georgia Higher Education Facilities Authority Public facilities authorities (for the counties of Fayette, Georgia International and Maritime Trade Center Authority Gwinnett, Liberty, Laurens, and Meriwether) Georgia Lottery Corporation Public safety and judicial facilities authorities
Governments—Individual State Descriptions Georgia 71 Public service authorities and districts (including those Business improvement districts in Bibb and Camden counties) Convention and visitors bureau authorities (including Recreation authorities for the counties and areas of Acworth Area, Byron, Kingsland Area, Perry Area, Cobb, Gwinnett, Lincoln, Miller, and Pike Richmond Hill Area, and St. Mary’s) Recreation systems created as authorities under gen- Development authorities (industrial and economic) cre- eral law ated under special act and lacking autonomy Regional jail authorities Development authorities (industrial and economic) cre- Regional public libraries ated under general law Residential care facilities for the elderly authorities Downtown development authorities Solid waste management authorities Parking authorities (including those in Covington, Decatur, East Point, and Marietta) Tourism authorities Public building authorities for the municipalities of Water and sewerage authorities districts (including Columbus, Cordele, Dalton, Jefferson, and Warner those in Gwinnett, Hall, and Upson counties) Robins Agencies established under special act: Public facilities authorities for the municipalities of Athens-Clarke, Milledgeville, Tyrone, and Winder Catoosa County Public Works Authority Public safety and judicial facilities authorities Chatham Area Transit Authority Recreation authorities for the municipalities of Atlanta- Clayton County Tourism Authority Fulton, Calhoun, Dublin-Laurens, Hartwell, Richmond Cobb Marietta Coliseum Exhibit Hall Authority Hill, Rome, and Tallapoosa Colquitt County water districts Recreation systems created as authorities under gen- Conyers-Rockdale-Big Haynes Impoundment Authority eral law Crisp County Power Commission Regional jail authorities (municipalities) Floyd County Sanitation, Water, Sewerage, and Fire Regional public libraries Prevention District Residential care facilities for the elderly authorities Griffin-Spalding County Personal Care Health Board Solid waste management authorities (single Gwinnett County Arts Facilities Authority municipality) Harris County Public Improvement District Tourism authorities Henry Tift Myers Air Museum Authority Urban residential finance authorities for large Keep Pike Beautiful Authority municipalities Joint Liberty County, City of Gum, City of Midway, City Water, light, and gas commissions (including those in of Riceboro, and City of Walthourville Fire Protection Albany and Monroe) Facilities and Equipment Authority Agencies established under various special acts: Miller County Recreation Authority Acworth Lake Authority Newton County sewerage, water, sanitation, garbage Albany-Dougherty Inner City Authority collection, landfill, and fire protection districts Americus Theater and Cultural Center Authority Pike County Agribusiness Authority Atlanta (City of) Group Insurance Board Authority Pike County Arts Facility Authority Augusta Canal Authority South Cobb Redevelopment Authority Augusta Downtown Development Authority South Fulton County Coliseum Authority Augusta Port Authority Spalding County water districts Augusta-Richmond County Coliseum Authority Sumter County Livestock Authority Chatsworth Water Works Commission Towns County Recreation Authority Chehaw Park Authority Vines Botanical Gardens Enhancement and Development Authority of Gwinnett County City business improvement districts in Atlanta City of Hartwell Recreation Authority Municipal City of LeGrange Gas Authority Agencies established under general law and sub- Clarke County sanitation, water, sewerage, and fire stantially uniform special acts: protection districts Airport authorities (lacking autonomy)
72 Georgia Governments—Individual State Descriptions Classic Center Authority for Clarke County Savannah-Chatham County Historic Site and Monument Columbus Industrial and Port Development Commission Commission Joint County-Municipal Community improvement districts (lacking sufficient autonomy, including those in Atlanta and Dahlonega) Atlanta Region Metropolitan Planning District Conyers Athletic Authority Chatham-Savannah Authority for the Homeless Destination Thomasville Tourism Authority Chatham-Savannah Youth Futures Authority Douglasville Convention and Conference Center Douglas-Coffee County Industrial Authority Authority Fitzgerald and Ben Hill Airport Commission Dublin-Laurens County Recreation Authority Joint county and municipal sales and use tax districts Fitzgerald Water, Light, and Bond Commission Joint authorities for emergency 911 systems Fort Valley Utility Commission Land bank authorities Gainesville Area Park Commission Northwest Georgia Trade and Convention Center Authority Griffin-Spalding County Development Authority Recreation systems created as authorities under general Macon-Bibb County Urban Development Authority law including Swainsboro-Emanuel County Parks and Recreation Authority Middle Georgia Coliseum Authority (Macon) Regional public libraries Newnan Convention Center Authority Richmond County Department of Health Newnan Water, Sewer, and Light Commission Sparta-Hancock Public Facilities Authority Savannah River Bridge Commission Thomaston Upton County Office Building Authority
Georgia laws also provide for various types of local areas for election purposes and administration of justice.
1 Legislation authorizing the Georgia Environmental Training and Education Authority was repealed in 2008. 2 Legislation authorizing the Georgia Golf Hall of Fame Author- ity was repealed in 2010. 3 Legislation authorizing the Power Alley Development Author- ity was repealed in 2008.
Governments—Individual State Descriptions Georgia 73 Hawaii
Hawaii ranks fiftieth among the states in number of local The “school districts” in Hawaii are administrative areas of governments with 21 active as of June 30, 2012. the state department of education and are not counted as governments in Census Bureau reporting. COUNTY GOVERNMENTS (3) SPECIAL DISTRICT GOVERNMENTS (17) The entire area of the state is encompassed by county government except for Kalawao County and the city and Hawaii statutes authorize the creation of various special county of Honolulu. districts or authorities, but only the soil and water con- servation districts and the Office of Hawaiian Affairs are The boundaries of Kalawao County are coterminous with the counted as governments. Hansen’s Disease Settlement made under the jurisdiction of the state department of health. The sole official of Kalawao Soil and Water Conservation Districts County is the county sheriff. It is classified, in Census Bureau statistics on governments, as an adjunct of the These districts are created by the department of land and state government and is not counted as a separate county natural resources upon petition of land occupiers and after government. public hearing and referendum. A board of two appointed and three elected directors governs each district. A district The city and county of Honolulu is a consolidated city- may require contributions from benefitted landowners and county government. It was originally created as Oahu may accept donations. County. Later, it was granted additional powers and a modified governmental structure and was officially desig- Office of Hawaiian Affairs nated the city and county of Honolulu. For Census Bureau This office was established by voter approval of a consti- statistics on governments, the city and county of Honolulu tutional amendment and by action of the state legislature. is counted as a municipal government, rather than as a Its purpose is the betterment of the conditions of native county government. Hawaiians. The office is administered by a board of nine In the three counties with county government—Hawaii, elected trustees. The office may issue bonds and receives Kauai, and Maui—the governing body is the county council. revenue in connection with a large land trust. Each county government also has an elected mayor. SUBORDINATE AGENCIES AND AREAS SUBCOUNTY GENERAL PURPOSE Shown below are various governmental designations in GOVERNMENTS (1) Hawaii that have certain characteristics of governmental Municipal Governments (1) units, but that are classified in Census Bureau statistics on governments as subordinate agencies of the state or Honolulu, which has a combined city and county gov- local governments and are not counted as separate gov- ernment, is the only Hawaiian local government that is ernments. Legal provisions for some of the larger of these counted in Census Bureau statistics on governments as a are discussed below (see “Public School Systems” above, municipal government. regarding educational agencies of this nature).
Township Governments (0) Hawaii Community Development Authority (state)— This authority was established by special act within the Hawaii has no township governments. state department of business, economic development, and PUBLIC SCHOOL SYSTEMS (1) tourism. A board of 13 members consisting of 9 mem- bers appointed by the Governor, plus the state director of School District Governments (0) finance; the director of business, economic development, and tourism; the director of transportation; and the state Hawaii has no independent school district governments. comptroller, ex officio, governs the authority. The authority receives revenue from the sale or lease of properties and Dependent Public School Systems (1) from federal grants. The authority may issue bonds in such Hawaii has one dependent public school system: the state amounts as are authorized by the legislature. department of education. It is dependent on the state government.
74 Hawaii Governments—Individual State Descriptions “Community development districts” are administrative Aloha Tower Development Corporation areas of the authority and are not counted as governments Hawaii Health Systems Corporation for Census Bureau purposes. Hawaii Housing Finance and Development Corporation Redevelopment agencies (county or municipal)— Hawaii Public Housing Authority Redevelopment agencies are established by resolution Hawaii Strategic Development Corporation of the city or county governing body. A board of five Hawaii Tourism Authority members appointed by the Mayor governs each agency. In addition to advances or donations from the county Heeia Community Development District or city-county treasury, redevelopment agencies may High Technology Development Corporation receive revenues from the sale or lease of cleared land. High Technology Innovation Corporation Redevelopment agencies may issue revenue bonds and Marine conservation districts accept federal grants. Natural Energy Laboratory of Hawaii Authority Stadium Authority (state)—This authority was estab- Research Corporation of the University of Hawaii lished by act of the legislature—A board consisting of nine members appointed by the Governor governs the authority. County and city-county (Honolulu) The authority may collect rents, fees, and charges and may Community facilities districts receive the proceeds of state bond issues. Public Transit Authority (Honolulu) Other examples include: Water supply boards State1 Hawaii law also divides the state into administrative dis- Agribusiness Development Corporation tricts for election, taxation, judicial, and other purposes.
Agricultural, rural, urban and conservation districts 1 The law authorizing the Clean Hawaii Center was repealed in (Land Use Commission) 1999.
Governments—Individual State Descriptions Hawaii 75 Idaho
Idaho ranks twenty-eighth among the states in number of Other Educational Activities local governments with 1,168 active as of June 30, 2012. Dormitory housing commissions may be established by the COUNTY GOVERNMENTS (44) governing body of a junior college district to provide low cost housing and student union buildings. These commis- There are no areas in Idaho lacking county government. sions are not counted as separate governments. The county governing body is called the board of county commissioners. Cooperative service agencies are created by contract between two or more school districts to provide special SUBCOUNTY GENERAL PURPOSE educational services. The composition of the agency GOVERNMENTS (200) board is specified in the contract creating the agency. The member school districts, upon voter approval, may collect Municipal Governments (200) ad valorem taxes for support of the agency. Cooperative The municipal governments in Idaho are cities, although service agencies are classified for Census Bureau purposes the terms “town” and “village” are used on occasion in the as joint educational service agencies of the participat- statutes. Any unincorporated, contiguous area containing ing school districts. They are not counted as separate at least 125 qualified electors may file a request to the governments. board of county commissioners to become a city. School subdistricts may be created by the board of trust- ees of any school district that operates two or more high Township Governments (0) schools, on its own motion or upon petition of school Idaho has no township governments. electors after a referendum. The creating board of trustees governs each subdistrict. Subdistricts may, upon voter PUBLIC SCHOOL SYSTEMS (118) approval, issue debt and levy taxes. School subdistricts are classified for Census Bureau purposes as part of the School District Governments (118) participating school district and not counted as separate The following types of school districts in Idaho are counted governments. as separate governments for Census Bureau purposes: SPECIAL DISTRICT GOVERNMENTS (806) • Elementary school districts Idaho statutes authorize the creation of a variety of special • School districts districts or authorities that are counted as governments. • Joint school districts These are discussed in detail below. • Specially chartered school districts Agencies Established Under Joint Exercise of • Community college districts Powers Agreements Legislation provides for elementary school districts (Grades Two or more public agencies may agree to exercise any 1 through 8) and school districts (Grades 1 through 12). of their powers jointly. The board, powers, and functions All school districts may give instruction in kindergar- of such an agency are specified in the agreement. Such an ten. Districts located in two or more counties are further agreement may establish a separate agency that may or designated as joint school districts. There also are school may not be counted as a government for Census Bureau districts operating under special charters. State law also purposes according to the provisions. Authorities estab- provides for community college districts. lished under this law may be known by a variety of names. School districts are governed by elected boards of trustees. They may levy local school taxes and, contingent upon Aquifer Recharge Districts voter approval, issue bonds. Aquifer recharge districts are established by the state department of water resources on petition of water users Dependent Public School Systems (0) and after public hearing. A board elected by water users Idaho has no dependent public school systems. governs each district. The districts may borrow money and secure loans with revenue from assessments on water users.
76 Idaho Governments—Individual State Descriptions Auditorium Districts Ground Water Management Districts Auditorium districts are established by the district court Ground water management districts maintain wells in aqui- on petition of voters and after public hearing and referen- fers experiencing declines in water level. The districts are dum. A popularly elected board of directors governs each created upon petition of water users to the state depart- district. Auditorium districts may charge rates and tolls and ment of water resources after a public hearing. A board of levy a hotel/motel room sales tax. Districts created after three members, elected by the water users, governs each January 1, 1987, or that have a population of 25,000 or district. The districts may levy special assessments and fewer, may levy ad valorem taxes. Bond issues in excess of borrow money. If the voters so petition, contracts to bor- $75,000 must be submitted to the voters. These districts row money are subject to voter approval. are also known as community center districts. Highway Districts Cemetery Maintenance Districts Highway districts may cover all or part of a county. Joint Cemetery Maintenance districts are established by petition highway districts may be formed in areas covering more of 15 or more landowners to the board of county commis- than one county. These districts are established by the sioners after a public hearing and referendum. A popularly county commissioners upon petition of voters to the county elected board of commissioners governs each district. clerk and after local referendum. The creation of county- Cemetery maintenance districts may levy ad valorem taxes wide districts may be initiated by the county commission. and issue bonds. An elected board of commissioners governs each district. The districts may levy ad valorem taxes, receive a share of Drainage Districts the county road and bridge funds, and issue bonds.
Drainage districts are established by the district court after Local improvement districts may be created within a high- petition of landowners and a public hearing. A board of way district as dependent activities of the parent highway drainage commissioners appointed by the judge of the district. They are not counted as separate governments. district court governs each district. Drainage districts may levy benefit assessments, charge fees for services, and Hospital Districts issue bonds. Hospital districts are established upon petition of voters Fire Protection Districts to the board of county commissioners and after a public hearing and local referendum. A board of trustees, initially Fire protection districts are established by the county com- appointed by the county commissioners, but thereafter missioners on petition of landowners and after a public elected, governs each district. The districts may fix fees hearing and referendum. An elected board of commis- for services, levy ad valorem taxes, and issue bonds. Bond sioners governs each district. The district commissioners issuance may require voter approval. may levy ad valorem taxes and charge and collect fees for services. Hospital districts governed by the county board of supervi- sors, ex officio, are not counted as separate governments. Flood Control Districts See “Subordinate Agencies and Areas” below.
Flood control districts are established by the director of the Housing Authorities state department of water resources upon petition of vot- ers to the county commission and after a public hearing. A A county or municipal government may establish a housing board of commissioners appointed by the director of the authority by resolution of its governing body on its own state department of water resources governs each district. motion or on petition of residents. A board of commission- The districts may levy ad valorem taxes. ers appointed by the county governing body (in the case of county housing authorities) or by the municipal governing Ground Water Districts body (in the case of municipal housing authorities) governs each authority. Housing authorities may impose charges Ground water districts are established by the county com- and rents for their facilities and may issue revenue bonds. mission upon petition by ground water users and after public hearing and voter approval. A board of directors elected by Irrigation Districts ground water users governs the district. The districts may levy special assessments and incur indebtedness. If voters Irrigation districts are established by the county commis- so petition, contracts to borrow money are subject to voter sioners following petition of landowners, review by the approval. state department of water resources, a public hearing, and referendum. A board of directors elected by the landown- ers governs each district. Irrigation districts may levy assessments and issue bonds if authorized by the vot- ers. In addition, districts may levy an acreage tax for an
Governments—Individual State Descriptions Idaho 77 emergency fund. Some districts organized under this law Regional Public Transportation Authorities may be named “reservoir districts.” Regional public transportation authorities are established Irrigation lateral districts, established within irrigation by the governing body of a city, county, or county-wide districts, have provisions similar to those for irrigation highway district upon popular referendum. A board districts above. appointed by the participating governments governs each authority. The authorities may issue revenue bonds and Local improvement districts created by irrigation districts may set fares and fees. have no separate governmental structure and are not counted as separate governments. Regional Solid Waste Disposal Districts
Levee Districts Regional solid waste disposal districts are created by joint resolution of the commissioners of two or more counties. A Levee districts provide retaining structures around natural board of directors appointed by the commissioners of the lakes. The districts are created upon petition of taxpayers counties represented governs each district. The districts to the district court and after public hearing and referen- may fix rates, fees, tolls, and charges and may issue rev- dum. An elected board of commissioners governs each enue bonds. Domestic septage districts may also be created district. The districts may levy property assessments. With under this law. voter approval, the districts may levy amounts higher than authorized by law. Soil Conservation Districts
Library Districts Upon petition of landowners, soil conservation districts are established by the state soil and water conservation com- Library districts may be created by the county commissioners mission after approval at referendum. A board of supervi- upon petition of voters and after hearing and referendum. A sors consisting of two members appointed by the state popularly elected board of trustees governs each district. The soil and water conservation commission and three elected district may levy ad valorem taxes and issue bonds. members governs each district. The board may request an School-community library districts operate under similar additional two members. The district board may require provisions but serve areas coterminous with school dis- contributions for services. tricts. No new districts may be established. Water and Sewer Districts Port Districts Water and sewer districts are established by the district Port districts may be established in any county adjoining court upon petition of taxpayers and after a public hearing a commercial waterway by the county commission on its and local referendum. A popularly elected board of direc- own motion or upon petition of voters. A popular refer- tors governs each district. Water and sewer districts may endum is required. A popularly elected port commission levy ad valorem taxes, fix rates and charges, and upon governs each district. The district may levy ad valorem voter approval, issue bonds. Districts may join together taxes, impose charges, and issue both revenue and gen- to form joint water and sewer districts. Recreational water eral obligation bonds. General obligation bonds, however, and sewer districts are also created under this law and require voter approval. have the same governance and powers.
Industrial development districts created by port districts Water and sewer subdistricts, which are governed by the have no separate governmental structure and are not directors of the parent water and sewer district, are not counted as separate governments. counted as separate governments. Local improvement dis- tricts may be established within water and sewer districts Recreation Districts but are not counted as separate governments.
Recreation districts are established by the board of county Watershed Improvement Districts commissioners on petition of voters and after local referen- dum. A popularly elected board of directors governs each Watershed improvement districts are created by the state district. The districts may levy ad valorem taxes, impose soil and water conservation commission upon petition of rates and charges for facilities and services, and upon landowners and after landowner referendum. A board of voter approval, issue bonds. three directors, one appointed by the state soil and water conservation commission and two elected, governs each Similar provisions apply to recreation districts by planned district. The districts may levy special assessments and, unit developments. These districts are established by the upon voter approval, issue bonds. board of county commissioners upon petition of property owners in the development area.
78 Idaho Governments—Individual State Descriptions SUBORDINATE AGENCIES AND AREAS Lake Pend Oreille, Pend Oreille River, Priest Lake, and Priest River commission Shown below are various governmental designations in Idaho that have certain characteristics of governmental Lava Hot Springs Commission units but that are classified in Census Bureau statistics as Park and Recreation Board subordinate agencies of the state or local governments and Water districts are not counted as separate governments. Legal provisions Water measurement districts for some of the larger of these are discussed below (see “Public School Systems” above, regarding educational agen- County cies of this nature). *Ambulance service districts Among the subordinate agencies and areas listed below, Aquifer protection districts some represent “special taxing areas” within the area of an Burn seeding areas established government. This method of financing addi- tional services in limited areas by property taxation, while Community infrastructure districts (county) also used by some municipal and township governments County hospital boards in a few states, is more widely utilized by county govern- County irrigation, drainage, and reclamation projects ments. In the listing below of authorized county-related County museum boards agencies, an asterisk (*) appears for each entity of this kind, i.e., any that may individually serve a portion, rather County-based intermodal commerce authorities than all of a county and for which a tax may be levied *Extermination Control districts (agricultural pests) against the assessed value of property in the area served. *Fair districts Idaho Housing Agency and Finance Association Herd districts (state)—This agency was authorized by an act of the Joint powers boards for the operation of emergency com- legislature. It was created to provide mortgage credit for munications services (county) low- and moderate-income housing. A board of seven com- Local improvement districts missioners appointed by the governor governs the agency. *Mosquito abatement districts (county) The agency may receive grants and gifts, fix charges in connection with its loans, and issue revenue bonds. Noxious weed control districts Public health districts Idaho State Building Authority (state)—This authority is authorized to construct and operate facilities to meet Stumpage districts the needs of state government. A board of commission- Television translator districts ers appointed by the governor governs the authority. The *Weather modification districts authority may collect rents and charges and may issue bonds. Municipal
Other examples include: Business improvement districts—1980 law Business improvement districts—1987 law State City-based intermodal commerce authorities Forest protective districts Community infrastructure districts (municipal) Idaho Aquaculture Commission Joint powers boards for the operation of emergency com- Idaho Bond Bank Authority munications services (municipal) Idaho Energy Resources Authority Local improvement districts Idaho Food Quality Assurance Institute *Mosquito abatement districts (municipal) Idaho Health Facilities Authority Urban renewal agencies Idaho Transportation Board Idaho laws also provide for various types of local areas for Idaho Water Resources Board election purposes and administration of justice.
Governments—Individual State Descriptions Idaho 79 Illinois
Illinois ranks first among the states in number of local gov- PUBLIC SCHOOL SYSTEMS (905) ernments with 6,963 active as of June 30, 2012. School District Governments (905) COUNTY GOVERNMENTS (102) The following types of school districts in Illinois are recog- There are no areas in Illinois lacking county government. nized as governments: The county governing board is the county board, except • Chicago School District in Cook County where the statutes identify the governing board as the Board of Commissioners of Cook County. Any • Common school districts county may establish a county executive form of govern- • Community college districts ment with or without home-rule as decided by referendum. • Community high school districts • Community unit school districts SUBCOUNTY GENERAL PURPOSE GOVERNMENTS (2,729) • Nonhigh school districts The subcounty general purpose governments in Illinois • Special charter districts consist of municipal (city, village, and town) governments • Township high school districts and township governments. Elected boards govern these districts except for the Chicago School District and the Chicago Community College District, Municipal Governments (1,298) for which the boards are appointed by the Mayor with the Municipal governments in Illinois are the cities, villages, approval of the city council and the special charter districts, and incorporated towns. There are no differences of legal which may have elected or appointed boards. All of the powers or status that would affect their classification for districts may levy local taxes and issue bonds. Census Bureau purposes. The minimum population require- ment for incorporation as a city is 2,500. For villages, the Dependent Public School Systems (0) requirements for incorporation vary with the population Illinois has no dependent public school systems. of the county and other criteria. Municipalities having a population of 25,000 or more automatically become home- Other Educational Activities rule governments. Municipalities with populations of fewer than 25,000 have the option of selecting home rule by Area vocational centers and special education cooperatives referendum. In counties that have township governments, may be formed by joint agreement between two or more municipalities exist within those township areas, except for school districts. A board consisting of representatives of the city of Chicago. each participating school district governs each entity of these two types. Participating school districts share the Township Governments (1,431) costs of these entities. These centers and cooperatives are classified as joint educational service agencies of the par- Township governments exist in 85 of the 102 Illinois ticipating school districts and are not counted as separate counties. Within these 85 counties, the only areas lack- governments. ing township governments are the city of Chicago and the town of Cicero. For the town of Cicero, township and Educational service regions replaced the former county municipal functions are discharged by a single board of school units administered by county superintendents. Each elected officials. Some townships are coterminous or nearly region originally served one county but now may serve coterminous with a city or village, but have their own multiple counties because of minimum population require- elected officials. These township governments are counted ments. Each region is headed by a regional superintendent as separate governments. of schools and is also governed by a regional board of trustees; the latter deal primarily with district boundary Although sometimes referred to locally as “towns,” Illinois changes. Educational service regions are not counted as townships are not to be confused with incorporated towns. governments. An elected township supervisor is the chief administrative officer. Township land commissioners manage school lands and funds in certain counties. These boards are not counted as separate governments.
80 Illinois Governments—Individual State Descriptions Emergency financial assistance and financial oversight The Kankakee River Valley Area Airport Authority was panels may provide emergency state financial aid and established under a special act. The authority is governed oversight to school districts. Members of these panels are by a board appointed by the governing bodies of Kankakee appointed by the state superintendent of education. These and Will counties. The authority may set rents, rates, and panels are classified as state agencies and are not counted fees, and issue bonds. as separate governments. Joint airport commissions may be created by agreement Educational service centers are established by the state between a park district and a county or municipality. These board of education and function primarily to coordinate commissions are not counted as separate governments for and provide special and ordinary services to affiliated Census Bureau purposes. See “Subordinate Agencies and school districts. These service centers are governed by Areas” below. boards consisting of members appointed by the regional The Greater Rockford Area Airport Authority was estab- superintendent. Education service centers are classified as lished under a special act. The authority is governed by a dependent activities of their member school districts and board appointed by the city of Rockford, city of Loves Park, are not counted as separate governments. village of Machesney Park, and Winnebago County. The SPECIAL DISTRICT GOVERNMENTS (3,227) authority may set rents, rates, and fees, and issue bonds. The Board of Commissioners of the airport authority may Illinois statutes authorize the creation of a variety of establish a rail authority by resolution. special districts and authorities that are counted as govern- ments. These are discussed in detail below. Bi-State Metropolitan Development District
Addison Creek Restoration Commission This district is counted under “Missouri—Special District Governments.” This commission was created by act of state legislature to restore portions of the flood plain of Addison Creek. The Cemetery Maintenance Districts commission is composed of seven members appointed These districts are created by the circuit court judge upon by the participating villages and city. The commission voter petition and after hearing and referendum. Each may receive funding from the federal government, Illinois district is governed by a board of trustees appointed by state and local governments, local railroads, and school county, municipal, or township officials depending on the authorities. area of the district. If a district is located in more than one Airport Authorities county, the board is appointed by the members of the gen- eral assembly from the overlying legislative districts. The These authorities are created by the circuit court judge boards may levy property taxes. upon voter petition and after hearing and referendum. Each authority is governed by a board of commissioners that is Cemetery boards of trustees and cemetery boards of appointed by municipal, county, or state officials depend- managers created under earlier laws authorizing the coun- ing on criteria specified by the authorizing legislation. The ties, municipalities, and townships to directly create such authority boards may levy property taxes, fix rates and boards are not counted as governments. See “Subordinate fees, and issue bonds. Bonds exceeding 3/4 of 1 percent of Agencies and Areas” below. assessed value require voter approval. Chicago Transit Authority Similar provisions apply to metropolitan airport authori- This authority, which operates local transit service for the ties established by state law in counties with populations Chicago metropolitan area, was created by special act. The of between 600,000 and 3,000,000 and contiguous to a Chicago Transit Board, which consists of three members county with a population of more than 1,000,000. The fol- appointed by the Governor and four members appointed lowing authorities have been established by special acts: by the Mayor of Chicago, governs the authority. The • Crawford County Airport Authority authority may issue bonds and fix rates and fares. • Greater Metropolitan Airport Authority Civic Center Authorities • Metropolitan Airport Authority Under the civic center code, special acts authorize civic Interstate airport authorities may be created by joint agree- center authorities; community center authorities; met- ment between two or more local governments in Illinois ropolitan civic center authorities; metropolitan exposi- and any governmental body of any adjoining state. Each tion and auditorium authorities; metropolitan exposition, authority is governed by a board composed of an equal auditorium, and office building authorities; the Boone number of members from each party state and may include County Community Building Complex Committee; the a federal representative. The budget is allocated to the par- Illinois International Convention Center; the Leyden ticipating governments. The authorities may issue bonds. Township Space Needs Authority; and the Metropolitan Pier
Governments—Individual State Descriptions Illinois 81 and Exposition Authority. Most of these authorities oper- charge fees, levy property taxes, and with voter approval, ate under similar provisions as follows: each authority is issue bonds. governed by a board appointed by the governing body of the county, city, village, township, or park district served. County Historical Museum Districts The authorities may have more than one government These districts provide museums and historic preservation represented on the board. The authorizing legislation may efforts. These districts may be created in a single county permit ex officio members from the appointing body or or in a group of up to five contiguous counties, each with city managers to serve on the board. All of these authori- fewer than 1,000,000 in population and no forest pre- ties may fix and collect fees, and upon voter approval, serves. The districts are created upon voter petition to the issue revenue bonds and set property taxes. Some authori- circuit court of the most populous county to be served ties also may issue general obligation bonds, upon voter and after hearing and referendum. A board of five trustees approval, according to specific authorizing legislation for a appointed by the governing bodies of the participating particular authority. For some authorities, the authorizing counties governs each district. The districts may charge legislation permits either the authority or the local govern- fees for its services. The districts also may set ad valorem ing body to also levy sales or use taxes. taxes, which may require voter approval. The exceptions to the above provisions are as follows: the board of the Springfield Metropolitan Exposition and County Water Commissions—1985 Law Auditorium Authority is popularly elected. The boards of These commissions were established under former law the Will County Metropolitan Exposition and Auditorium but were reorganized under provisions of the 1985 law. Authority and the Metropolitan Pier and Exposition The commission members are appointed by the governing Authority (Chicago) include gubernatorial appointees. bodies of the participating governments. The commissions The Springfield Metropolitan Exposition and Auditorium may set sales and use taxes, and after voter approval, set Authority may issue revenue and general obligation bonds property taxes and issue general obligation bonds. without voter approval unless a referendum is petitioned for and may levy property taxes without voter approval. Drainage Districts The Metropolitan Pier and Exposition Authority may issue In 1955, a new drainage code was enacted effective on revenue bonds without voter approval and may impose January 1, 1957, that repealed the Farm Drainage Act of sales and use taxes but not property taxes. 1885 and the Levee Act of 1879. The act provided that all A general law, also under the civic center code, authorizes drainage districts organized under prior laws would con- metropolitan exposition, auditorium, and office building tinue in existence but would operate under the provisions authorities. These may be created by resolution of one or of the new drainage code. Illinois law now authorizes the more counties meeting requirements for assessed property following types of drainage districts: valuation. Each authority is governed by a nine-member • Drainage districts board appointed by the county chair with the consent of • Drainage and levee districts the county board. For boards created by multiple coun- ties, each county is represented on the board in proportion • Mutual drainage districts to its assessed valuation. These authorities may fix and • Mutual drainage and levee districts collect fees, and upon voter approval, issue revenue and • Outlet drainage districts general obligation bonds, and levy property taxes. These districts provide drainage and levee facilities for Civic center authorities that are governed by a county, agricultural, mining, and sanitary purposes. The districts municipal, or township governing body ex officio are may be established by the circuit court after petition of not counted as separate governments. See “Subordinate landowners and hearing. A referendum may be required. In Agencies and Areas” below. certain situations, an individual user may petition for the creation of a drainage district. The districts are governed Conservation Districts by three commissioners who are appointed by the circuit These districts are established to conserve open spaces for court or, upon petition of landowners, elected. An excep- recreational purposes. Such districts are created upon voter tion is that districts organized under the Farm Drainage petition to the circuit court of a county with fewer than Act have elected boards unless the landowners choose to 1,000,000 in population and having no forest preserve; change from an elected to an appointed board. All types of or upon petition of voters from not more than five coun- drainage districts may levy benefit assessments and may ties with no forest preserve, followed by referendum. The issue bonds. district board of trustees is appointed by the chairpersons Drainage subdistricts are governed by the board of trustees of the county governing bodies in the district with the con- of the parent district. These subdistricts are not counted as sent of the county governing bodies. District boards may separate governments.
82 Illinois Governments—Individual State Descriptions EastSide Centre Districts governed by the county or city governing body serving in an ex officio capacity are not counted as govern- This entity was created by intergovernmental agreement of ments. “See Subordinate Agencies and Areas” below. the city of East Peoria, Fon du Lac Park District, East Peoria Community High School District 309, East Peoria Grade Fox Waterway Agency School District 86, East Peoria Mass Transit District, and the township of Fondulac. The center is governed by an This agency was established by special act after voter 11-member board appointed by the participating govern- approval to maintain a recreational waterway. An elected ments per the creating agreement. The center is funded by seven-member board governs the agency. The agency fees, gaming tax revenues, bonds, certificates of participa- may fix charges for use of its facilities. This agency was tion, and state grants. formerly known as the Chain O’Lakes-Fox River Waterway Management Agency. Exposition Authorities and Councils Hospital Districts Exposition authorities provide expositions, convention facilities, stadiums and exhibitions, and other forms of These districts provide and operate hospital facilities in public entertainment. The authorities may be created in counties of fewer than 1,000,000 in population. The dis- park districts located in whole or in part in any city with a tricts are established by the circuit court judge upon voter population of 200,000 or more. The authorities are cre- petition and after referendum. The board of directors of a ated upon petition of park district commissioners to the district located in one county is appointed by the presid- secretary of state. A board of commissioners appointed ing officer of the county board. In districts located in more by the mayor with the consent of the city council governs than one county, the directors represent each county in each authority. The authorities may fix rentals, fees, and proportion to its relative population in the district. Districts charges, and may issue revenue bonds. may issue bonds, levy property taxes, and fix charges for the use of facilities and services. Bond issues may require Exposition councils, which perform functions similar to voter approval. those of exposition authorities, are created after resolution or ordinance of a county or city of a specified population Housing Authorities size range and petition to the secretary of state. A board These authorities may be established by the governing of commissioners appointed by the presiding officer of the bodies of municipalities having more than 25,000 inhab- creating government, with that government’s consent, gov- itants or by any county. Each authority is governed by a erns each council. The councils may fix rentals, fees, and board of commissioners appointed by the presiding officers charges, and may issue revenue bonds. General obligation of the municipalities or county. The authorities may issue bonds may be issued if voters approve both the bonds and bonds and fix rents, fees, and charges. a tax to amortize the bonds. The Chicago Metropolitan Housing Development Fire Protection Districts Corporation is classified as a dependent agency of the These districts provide fire protection and ambulance Chicago Housing Authority and is not counted as a sepa- services. The districts are established by the circuit court rate government. upon voter petition and after referendum. Each district is governed by a local board of trustees that may be elected Joint Water Commissions and Joint Water and if approved by local referendum or appointed by county, Sewer Commissions municipal, or township officials depending on the area Two separate laws authorize the creation of these commis- and population in the district. If a district is located in sions. The commissions may be formed by any two or more more than one county, the board must represent each municipalities with fewer than 500,000 in population. The county in proportion to the population of that county. mayor or president of each governing body appoints the District boards may issue bonds with voter approval and commissioners plus the chair of the county governing body may levy property taxes. appoints one member. A water commission that meets the participatory requirements shall also appoint a commis- Forest Preserve Districts sioner. The commissions may set rates and charges and Districts to preserve forests for recreational use and for issue revenue bonds. control of flood waters may be created in a single county by the circuit judge after petition, hearing, and referendum. METRA Commuter Rail Board Each district is governed by a board of elected commission- This board, which operates commuter rail service in the ers. Districts may levy a property tax and issue bonds with Chicago area, consists of seven members of whom one is voter approval. appointed by DuPage County; two jointly by Kane, Lake, McHenry, and Will counties; three by Cook County; and
Governments—Individual State Descriptions Illinois 83 one by the city of Chicago. The board may issue bonds, fix Districts with the same boundaries as the county or a rates and fares, and receives the proceeds of tax levies and municipality are governed by the county or municipal other funds from the Regional Transportation Authority. governing body, respectively, in an ex officio capacity and are not counted as separate governments. See “Subordinate The Northeast Illinois Commuter Railroad Corporation, Agencies and Areas” below. which operates some of the commuter railroad facilities, is governed by the METRA Commuter Rail Board. It is classi- PACE Suburban Bus Board fied as a subsidiary of the METRA Commuter Rail Board and is not counted as a separate government. This board operates suburban bus service in the Chicago area. The board consists of 12 members: six are appointed Mosquito Abatement Districts by Cook County; one is appointed by each of DuPage, Kane, Lake, McHenry, and Will counties; the Chairman These districts are established by the circuit court judge appointed by the Governor for the initial term; after the upon voter petition and after hearing and referendum. Each initial term the board members elect the Chairman; and district is governed by a board of trustees appointed by the the Commissioner of the Mayor’s office for People with county or municipal governing body or the township board Disabilities, from the City of Chicago. The board may issue of auditors depending on the area in the district. In home- bonds, fix rates and fares, and receive the proceeds of tax rule counties, the chief executive appoints the district levies and other funds from the Regional Transportation trustees. The district boards may levy property taxes. Authority. Municipal Joint Action Agencies Park Districts Municipal joint action agencies provide water supply, General park districts may be created with populations of sewage treatment, and waste collection and disposal. fewer than 500,000. Township park districts and pleasure Municipal joint action water agencies are created by written driveway and park districts, established under earlier laws, agreement between two or more counties, municipalities, may continue or may reorganize as general park districts. townships (in counties with a population of fewer than A general park district is established by the circuit court 700,000), or public water districts. Municipal joint action judge upon voter petition and after referendum. Each gen- agencies for sewage or solid waste are created by agree- eral park district and township park district is governed by ment between two or more counties or municipalities. A an elected board of trustees or commissioners. Each plea- board of directors representing the participating govern- sure driveway and park district is governed by either an ments as specified in the agreement governs the agency. elected or appointed board of trustees. Park districts may The agencies may fix rates, rents, and charges, and issue set fees, issue bonds, and levy property taxes. Tax levies revenue bonds. Municipal joint action water agencies may may require voter approval. also levy ad valorem taxes, and upon voter approval, issue general obligation bonds. The Chicago Park District was created by a special act. A board of seven commissioners appointed by the Mayor with Municipal Power Agencies and Municipal the approval of the city council governs the district. The Natural Gas Agencies district has the same revenue powers as other park districts.
These agencies provide electric power to two or more The Metro-East Park and Recreation District was created municipalities. The agencies are formed by agreement by referendum in Madison and St. Clair counties. Other between the participating governments. A board of direc- counties in the area are permitted to join. The district is tors representing participating governments as specified in governed by a board appointed by the governing bodies of that agreement governs the agency. The agencies may fix the two counties. The district may issue revenue bonds and rates, rents, and charges and issue revenue bonds. Similar impose sales taxes and fees. provisions apply to municipal joint action gas agencies. Port and Regional Port Districts Museum Districts The following districts have been established by special acts: Districts to provide museum facilities may be created within a single county for contiguous areas containing • Alexander-Cairo Port District at least one historical site and at least one municipality. • Havana Regional Port District The districts are created upon petition to the circuit court • Heart of Illinois Regional Port District after hearing and referendum. A board of commissioners • Illinois International Port District appointed by the presiding officer of the county board, with the consent of that board governs each district. The • Illinois Valley Regional Port District boards may levy ad valorem taxes, fix rates and charges, • Jackson-Union Counties Regional Port District and issue bonds. Bond issues may require voter approval. • Joliet Regional Port District
84 Illinois Governments—Individual State Descriptions • Kaskaskia Regional Port District appointed by the presiding officer of the county governing • Massac-Metropolis Port District body with the advice and consent of that body. Subsequent boards are elected. Library district boards may levy prop- • Mid-America Intermodal Authority Port District erty taxes as approved in the initial referendum and may • Ottawa Port District levy additional taxes with voter approval. The boards also • Mt. Carmel Regional Port District may issue bonds with voter approval. • Seneca Regional Port District Quad Cities Interstate Metropolitan Authority • Shawneetown Regional Port District • Southwest Regional Port District This authority was dissolved as of January 2005. • Tri-City Regional Port District Regional Library Systems • Upper Mississippi River International Port District Library systems that serve ten or more public libraries or • Waukegan Port District that consist of a single public library serving a city of more • White County Port District than 500,000 in population may be created upon approval of the board of directors of the participating libraries and Similar provisions apply to each of these districts. Their the approval of the state librarian. Library systems are board members are selected by the Governor and/or governed by a board of five to fifteen directors selected by by local officials according to the provisions outlined in member libraries, except the board of a public library serv- authorizing legislation for each specific district. All of these ing a city of more than 500,000 in population shall serve districts may issue bonds upon voter approval and col- as the board. The systems are funded by revenue from lect rates and fees. All except the Illinois International Port contracts, fees, and grants. District may levy taxes, after referendum. Most of these districts maintain and operate aquariums, museums, and Regional Transportation Authority planetariums, as well as port and terminal facilities. This authority was formed by act of the general assembly Prairie Trail Authority to coordinate bus and rail transit services in the Chicago metropolitan area primarily through making grants to, and This authority was created by special act to maintain a purchasing service from, existing public and private transit system of linked pathways and bicycle trails. DuPage, systems. The authority governing body is a board of 13 Kane, Lake, McHenry, and Will counties are eligible to par- directors: four members appointed by the city of Chicago; ticipate. The authority is governed by a board of directors four appointed by Cook County; one appointed by DuPage appointed by the president of either the local conservation County; two selected through a majority vote by Kane, district or local forest preserve district. Each county’s num- Lake, McHenry, and Will counties; and the chairperson of ber of representatives is based on population. The author- the Chicago Transit Authority. The thirteenth member, the ity determines the contributions of the member counties. board chairperson, is selected by the other 12 members. The authority sets retail occupation and use taxes and may Public Building Commissions issue bonds. These commissions may be established by resolution of the governing body of any municipality with 3,000 or more Rescue Squad Districts inhabitants or by resolution of the county seat or county Districts to provide rescue services may be established in board of any county and referendum. The governing body contiguous areas serving at least 300 persons upon voter consists of a board of five or more commissioners who petition to the circuit court and after referendum. A board are appointed by the presiding officers of the participating of five trustees governs each district; its members are governments with the consent of the governments. The appointed by the municipal, township, or county governing commissions may collect rentals or other charges and may body depending on the area in the district. If the district issue revenue bonds. The creating governments may set includes area in two or more counties, board members are and levy property taxes on behalf of the commissions. selected by each county in proportion to population. The districts may levy ad valorem taxes. Public Library Districts These districts may serve one or more counties. The River Conservancy Districts districts are established by the circuit court judge upon Districts to prevent stream pollution, conserve and protect petition of either voters or the board of a local tax sup- water supplies, and promote public health are established ported library and after hearing and referendum. Also, tax by the circuit court judge upon voter petition and after supported public libraries created under other acts may referendum. A board of trustees governs each district; the convert, with voter approval, to public library districts. The trustees are appointed by county, municipal, or township initial board of trustees that administers each district is officials depending on the area served and the population
Governments—Individual State Descriptions Illinois 85 of the district. The districts may levy ad valorem taxes up School Finance Authority to a specified amount without voter approval and addi- This authority was dissolved as of June 2010. tional taxes with voter approval. The districts may, with voter approval, issue bonds. Soil and Water Conservation Districts Sanitary Districts Soil and water conservation districts may be established by the state department of agriculture, upon voter petition Illinois general laws authorize the following types of sani- and after hearing and referendum. A board of five direc- tary districts: tors elected from among landowners in the district governs • Sanitary districts—1907 law each district. The district may levy compulsory charges • Sanitary districts for sewerage—1917 law against landowners for work performed. • Sanitary districts for drainage and sewage In addition, subdistricts may be established in watershed disposal—1936 law areas of a soil and water conservation district and a prop- erty tax levy made for this purpose. These subdistricts are Sanitary districts under the 1907 law, which provide sewer- not counted as separate governments. age and sanitary drainage facilities to a contiguous area within two counties, may be established by the circuit Solid Waste Disposal Districts court judge upon voter petition and after hearing and refer- endum. A five-member district board of trustees is elected These districts are authorized by general law to provide from subdistricts or at large. The districts may issue bonds and maintain solid waste disposal facilities. The districts with voter approval and set ad valorem taxes. Additional may be created coextensive with a single county of fewer taxes require voter approval. than 3,000,000 in population; coextensive with a group of not more than five adjoining counties each with a popula- Sanitary districts for sewerage under the 1917 law serve tion of fewer than 3,000,000; coextensive with a single one or more municipalities. The districts may be established township; or coextensive with a group of not more than by the circuit court judge upon voter petition and after five adjoining townships. The districts are established upon hearing and referendum. A board of trustees is appointed voter petition to the circuit court and after hearing and by the presiding officer of the county governing body with local referendum. In the case of multicounty or multitown- the consent of the county. If the district is located in more ship districts, formation must be approved by the state than one county, trustees are appointed by members of the environmental protection agency. A five-member board of general assembly from the overlying legislative districts. trustees, appointed by the presiding officers of the govern- The board may levy ad valorem taxes and special assess- ing bodies served by the district, administers each district. ments, impose charges, and with voter approval, issue The district board may levy property taxes, charge fees, bonds. Districts organized under this law may also provide and with voter approval, issue bonds. and maintain a waterworks upon voter approval. Special Recreation Associations Sanitary districts for drainage and sewage disposal under the 1936 law may be formed in contiguous areas of single These associations may be established by two or more counties outside the boundaries of any municipality. The park districts or municipalities. The associations are gov- districts are established by the circuit court upon voter erned by boards described in the creating agreements. petition and after hearing and referendum. Each district is The associations may set fees. The participating govern- governed by a three-member board of trustees appointed ments may set and levy property taxes on behalf of the by the presiding officer of the county governing body with associations. the consent of the county or elected upon voter approval. The board may levy ad valorem taxes and special assess- Street Lighting Districts ments, impose charges, and with voter approval, issue These districts are established by the circuit court judge bonds. Additional taxes require voter approval. Districts upon voter petition and after hearing and referendum. A organized under this law may also provide and maintain a three-member board of trustees is appointed by presid- waterworks upon voter approval. ing officer of the county governing board with the board’s In addition to districts formed under the above laws, the advice and consent. If the district includes area in two Metropolitan Water Reclamation District of Greater Chicago or more counties, board members are selected by each (formerly the Metropolitan Sanitary District of Greater county in proportion to population. The districts may levy Chicago), the North Shore Sanitary District, and the Metro- ad valorem taxes up to a specified amount without voter East Sanitary District were created by special acts. These approval and additional taxes with voter approval. The districts have elected or appointed boards with financing districts may, with voter approval, issue bonds. powers similar to the general law districts above.
86 Illinois Governments—Individual State Descriptions Surface Water Protection Districts Tuberculosis Sanitarium Districts Districts to provide flood control facilities may be estab- A general law authorizes tuberculosis sanitarium districts lished by the circuit court on petition of resident voters that must lie wholly within a single county. These districts after public hearing and local referendum. A five-member may be established by the circuit court judge upon voter district board of trustees is appointed by the county petition and after hearing and referendum. A board of governing body or, in home rule counties, by the chief directors is appointed by the presiding officer of the county executive. In districts located in more than one county, the governing body with the consent of that body. The districts district board is appointed by each respective county gov- may levy property taxes and issue bonds. Bond issues for erning body in proportion to population. The districts may other than the acquisition of land require voter approval. levy taxes and issue bonds after voter approval. Another general law authorizes tuberculosis sanitarium Township Hospital Boards boards in a single county or in two or more adjoining coun- ties. These boards are created upon voter approval of the These boards may be created in any township with a supporting tax with an intergovernmental agreement also population fewer than 500,000 upon voter petition and required for two or more participating counties. The boards referendum. Each board of directors is composed of five created in a single county are appointed by the county to eleven members appointed by the township board. The chair with the consent of the county board. Joint boards are boards may set property taxes, and fix and collect rents composed of three representatives appointed from each and charges. The boards also may issue revenue bonds county. In addition to the tax set by voters, boards created with voter approval. by intergovernmental agreement also receive reimburse- ments for expenditures as specified in the agreement. The Transit Districts participating county or counties may issue bonds on behalf Under general law, local mass transit districts may be of any of these boards. created to operate, maintain, or subsidize transit services through ordinance or resolution of one or more munici- Water Supply Districts palities, counties, or any combination thereof. A board of Illinois general laws authorize the following types of water trustees governs each district. If the district consists of supply districts: a single municipality or county, the municipal governing body or county board appoints three to five members. If • Public water districts the district consists of one or more municipalities or coun- • Water authorities Water service districts ties, or combinations of both, the municipal governing Public water districts provide water supply and sewerage bodies or county boards appoint members in proportion to services. These districts may be created in contiguous the percentage of service received. In addition, a 1975 law areas of not more than 500,000 in population. The districts permits the creation of mass transit districts upon petition are created by the circuit court upon voter petition and to the circuit court by residents of a unit area of contigu- after a hearing and referendum. A seven-member board of ous land without regard to political boundaries and after trustees is appointed by county, municipal, or township referendum. The trustees of such districts are appointed by officials depending on the area within the district. If the the presiding officer of the county governing body with the district includes area in two or more counties, board mem- advice and consent of that body. Under both laws, districts bers are selected by each county in proportion to popula- may issue revenue bonds, fix rates for service, and with tion. The voters may petition for a referendum to convert voter approval, levy property taxes. to an elected board. These districts may fix water rates and Similar provisions apply to the Metro East Mass Transit rentals, issue revenue bonds, and with voter approval, levy District in the East St. Louis area, which was established by a property tax. special act. This district may also levy sales taxes. Water authorities to provide water supply services serve Transportation Service Associations any contiguous area. The authorities operate under provi- sions similar to those for public water districts except that These associations provide and subsidize railroad pas- voter approval is not required to levy property taxes. senger service. They are established by joint resolution of two or more local governments or public universities. The Water service districts to provide water supply may be agreement creating the association specifies the method created outside the corporate boundaries of any munici- of selecting the association directors. Participating gov- pality. The districts are created upon voter petition to the ernments share in the costs pursuant to the terms of the circuit court judge and after hearing and referendum. A agreement. three-member district board of trustees is appointed by the
Governments—Individual State Descriptions Illinois 87 presiding officer of the county governing body. If the dis- appointments require the consent of the Senate. The trict includes area in two or more counties, board members authority may fix rates, rents, fees, and charges; impose a are selected by each county in proportion to population. hotel occupancy tax; and issue revenue bonds. The district board may levy property taxes, impose charges Illinois State Toll Highway Authority (state)—An act for water service, and with voter approval, issue bonds. of the general assembly established this authority to build, SUBORDINATE AGENCIES AND AREAS operate, and maintain state toll highways. The authority governing board consists of the Governor and the secretary Shown below are various governmental designations in of the state department of transportation, ex officio, plus Illinois that have certain characteristics of governmen- nine members appointed by the Governor with the consent tal units but are classified in Census Bureau statistics as of the Senate. The authority may collect tolls and issue subordinate agencies of the state or local governments revenue bonds. and are not counted as governments. Legal provisions for some of the larger of these are discussed below. (See Illinois Student Assistance Commission (state)—An “Public School Systems” above, regarding educational act of the general assembly created this commission to agencies of this nature.) finance scholarships, grants, and loans to students. The commission consists of ten members appointed by the Among the subordinate agencies and areas listed below, Governor with the consent of the senate. The commission some represent “special taxing areas” within the territory of may receive interest on loans and issue revenue bonds. an established government. This method of financing addi- tional services in limited areas by property taxation, while Other examples include: also used by some municipal and township governments State in a few states, is more widely utilized by county govern- ments. In the listing below of authorized county-related Central Illinois Economic Development Authority agencies, an asterisk (*) appears for each entity of this Downstate Illinois Sports Facilities Authority kind, i.e., any that may individually serve a portion, rather Downstate School Finance Authority than all of a county and for which a tax may be levied against the assessed value of property in the area served. Downstate School Finance Authority for Elementary Districts Eastern Illinois Economic Development Authority Capital Development Board (state)—An act of the Forest fire protection districts general assembly established this board to build or other- wise provide for capital improvements to school districts Financial advisory authorities and various state facilities. The board consists of seven Grand Avenue Railroad Relocation Authority members appointed by the Governor with the consent of Illinois Building Commission the Senate. The board makes grants for school construc- Illinois Criminal Justice Information Authority tion and renovation under the direction of the state board of education and directs disbursements of state funds for Illinois Finance Authority capital projects. Illinois Grain Insurance Corporation
Forest preserve districts (county, municipal, and Illinois Investment and Development Authority other)—These districts were reclassified as special dis- Illinois Manufacturing Technology Alliance tricts, only districts with ex officio boards are county and Illinois Medical District Commission municipal dependent. Illinois Mortgage Insurance Agency Illinois Housing Development Authority (state)— Illinois Urban Development Authority This authority, established by act of the general assembly, Illinois Violence Prevention Authority may make mortgage loans to provide housing for persons Joliet Arsenal Development Authority of low- to moderate-income. A board of nine members, appointed by the Governor with the consent of the Senate, Prairie State 2000 Authority governs the authority. The authority may fix fees and Quad Cities Regional Economic Development Authority charges, and issue revenue bonds. Southeastern Illinois Economic Development Authority Illinois Sports Facilities Authority (state)—This Southwestern Illinois Development Authority authority was created to finance the construction of stadi- Tri-County River Valley Development Authority ums in the Chicago area. A seven-member board governs Upper Illinois River Valley Development Authority the authority. The Governor and the Mayor of Chicago each appoint three members and the Governor appoints Western Illinois Economic Development Authority the chair with the approval of the Mayor. Gubernatorial Will-Kankakee Regional Development Authority
88 Illinois Governments—Individual State Descriptions County Local transit commissions
Cemetery board of trustees Mid-America Medical District Civic center authorities with ex officio boards Mid-Illinois Medical District Community mental health boards Museum districts with ex officio boards County airport board of directors—1943 law Railroad terminal authorities County airport commissions—1945 law Recreation boards County library boards Riverdale Development Authority DuPage County Fair and Exposition Authority Road districts Forest preserve districts (with ex officio boards) Village library commissions Land clearance commissions Water districts—1899 law (serving two or more municipalities) Local economic development commissions Museum districts with ex officio boards Township Public health districts Boards of library trustees Regional juvenile detention authorities Cemetery board of managers (township) Road districts Civic center authorities with ex officio boards
Municipal Community mental health boards Land clearance/redevelopment commissions Boards of library trustees Mosquito abatement districts—1988 law Boards of managers of a perpetual cemetery trust Multitownship assessing districts Boards for mentally deficient persons Public health districts Cemetery board of managers Road districts Chanute-Rantoul National Aviation Center Redevelopment Commission Special fire districts—1982 law Civic center authorities with ex officio boards Special police districts—1982 and 1983 laws Community mental health boards Special refuse collection and disposal districts Forest preserve districts (with ex officio boards) Township health districts Fort Sheridan Redevelopment Commission Township special service areas Hospital boards in cities of fewer than 100,000 Joint Dependent Agencies
Industrial development commissions Joint airport commissions created by intergovernmental Land clearance/redevelopment commissions agreement of a park district and a county or municipality. Local economic development commissions Local economic development commissions
Governments—Individual State Descriptions Illinois 89 Indiana
Indiana ranks thirteenth among the states in number of • School cities and school towns local governments with 2,709 active as of June 30, 2012. • Township school corporations
COUNTY GOVERNMENTS (91) • County school corporations—1949 law • County school corporations—1969 law The entire area of the state is encompassed by county • Consolidated school corporations government except for the former county of Marion. Marion County and the City of Indianapolis are consoli- • Metropolitan school districts dated to operate as one government, designated the City • Community school corporations of Indianapolis and is governed by an elected mayor and • United school corporations city-county council. Indianapolis is counted for Census Bureau purposes as a municipal government, rather than as All types of school districts in Indiana are considered by a county government.1 In Indiana counties with organized Indiana law to be school corporations. All may levy school county government, the governing body is an elected taxes after a public hearing and referendum and may bor- board of commissioners. row money. In most instances, school cities and school towns are governed by an elected board of school com- SUBCOUNTY GENERAL PURPOSE missioners. Township school corporations are governed by GOVERNMENTS (1,575) elected township school trustees. County school corpora- The subcounty general purpose governments in Indiana tions under the 1949 law are governed by a county board consist of the municipal (city and town) governments and of education that is either appointed or popularly elected. the township governments. County school corporations created under the 1969 law are governed by an elected board of education.
Municipal Governments (569) Consolidated school corporations may be formed by the Municipal governments in Indiana are designated cities merger of any two or more school corporations in the same and towns. Cities are further divided into three classes as or adjoining counties through a joint resolution of the follows: governing bodies of participating school corporations. The school board of a consolidated school corporation may be • First class—600,000 inhabitants or more appointed or elected. • Second class—35,000 to 599,999 inhabitants Metropolitan school districts are mergers of two or more • Third class—fewer than 35,000 inhabitants school corporations of any type in a single county or Other municipalities of any population size are called in adjoining counties by resolution of the participating towns. Conversion from town to city status or from city schools’ governing bodies or after petition by voters and to town status is not automatic. A provision is made for after a referendum election. These districts are governed towns with a population of more than 2,000 to become by an elected metropolitan board of education. cities upon a petition of voters and after referendum. Cities Community school corporations may be created by merg- may become towns upon petition of two thirds of the tax- ing, subdividing, or reorganizing any two or more school payers to the circuit court. Second and third class cities are corporations. Community school corporations may be governed by an elected mayor and town council. All cities created by the state board of education on its own motion and towns exist within township areas. or on petition of the governing bodies of existing school corporations, after a hearing. After approval from school Township Governments (1,006) boards, these corporations can be created by petition Township governments are present in all of the county-type of voters or after an election. These districts are gov- areas in Indiana. Townships are governed by an elected erned by a board of trustees that may be either elected trustee and township board. or appointed. United school corporations are community school corporations comprising territory in two or more PUBLIC SCHOOL SYSTEMS (291) adjacent counties.
School District Governments (291) Dependent Public School Systems (0) The following types of school districts in Indiana are Indiana has no dependent public school systems. counted as separate governments for Census Bureau purposes:
90 Indiana Governments—Individual State Descriptions Other Educational Activities educational purposes. The foundations are not counted as separate governments for Census Bureau purposes. Public holding companies (lessor corporations) are created by public school districts to build and lease school build- The board of trustees of a school corporation may estab- ings to the creating school district. Any lease agreements lish, maintain, and equip a public playground in third must first be approved by the school corporation and after class cities. The board may levy an ad valorem tax for this a public hearing is held. The manner of appointment and purpose. These are not counted as separate governments composition of the governing bodies of the companies are for Census Bureau purposes, but are included as part of the specified in the creating charters. The companies may issue establishing school corporation. stocks and bonds. School districts may issue bonds to fund the leases. After 6 years of leasing a property, school SPECIAL DISTRICT GOVERNMENTS (752) corporations have the option to purchase property covered Indiana statutes authorize the creation of a variety of in the lease. School building corporations are classified as special districts or authorities that are counted as separate dependent agencies of the creating school district. governments in Census Bureau statistics. These are dis- Indiana law generally authorizes interlocal agreements cussed in detail below. between school districts. These agreements provide for exercise of powers by one or more school districts on Area Park Districts behalf of other parties to the agreement or jointly by the An area park district to provide public parks may be participating entities. Agencies created by such interlo- established under general law by the ordinances of two or cal agreements between school districts are classified as more counties. The governing board consists of members joint educational service agencies of the sponsoring school appointed by each participating county with representation districts and are not counted as separate governments for in proportion to population. The area park districts may set Census Bureau purposes. and levy ad valorem taxes. Vocational education schools may be established by one or City-County Building Authorities more school corporations. Career and technical education schools may be established by two or more school cor- Authorities to finance and lease public buildings, hospitals, porations. Both are classified as joint educational service public markets, or correctional facilities may be established agencies of the sponsoring school corporations and are by resolution of the county executive, the county fiscal not counted as separate governments for Census Bureau body, and the municipal fiscal body of the county seat after purposes. petition of these governing bodies to the county auditor and a public hearing. Each such authority is governed by Educational service centers provide the sharing of pro- a five-member board of directors appointed by a majority grams and services among school corporations. The cen- vote of the building authority trustees who, in turn, are ters are established by the state department of education appointed by the municipal and county fiscal bodies and but are locally governed. They are counted as joint educa- the county and municipal executives. The authority board tion service agencies of the participating school districts of directors may issue revenue bonds and collect rentals and are not counted as separate governments for Census for the lease of properties constructed for use by the spon- Bureau purposes. soring governments. Joint programs are established by agreements between the sponsoring school districts. The programs are classified as Conservancy Districts joint educational service agencies of the sponsoring school Conservancy districts may be formed for any or all of the districts and are not counted as separate governments for following purposes: flood prevention and control; reclama- Census Bureau purposes. tion; irrigation; water supply; sewage collection, treatment, and disposal; regulation of water courses; and provision Special education cooperatives may be created by two or of parks and facilities in connection with water manage- more school corporations. These cooperatives are gov- ment. These districts may be established by the circuit erned by a board of managers per the authorizing agree- court upon petition by freeholders or by a municipality. ment. The cooperatives are classified as joint educational Approval is subject to review by the state natural resources service agencies of the sponsoring school districts and are commission and hearings conducted by both the circuit not counted as separate governments for Census Bureau court and the state natural resources commission. A board purposes. of directors, initially appointed by the board of county Public school foundations may be created by school cor- commissioners and thereafter elected by the freeholders porations using grants or gifts. The governing body of the at the annual district meeting, governs each district. These school corporation appoints the board members of the boards may charge rates and fees, levy ad valorem and foundation. The foundation distributes the income from special benefit taxes, and issue revenue bonds. the endowment to the school corporation to be used for
Governments—Individual State Descriptions Indiana 91 Subdistricts established by conservancy districts are not governs each authority. The authorities may set rates; col- counted as separate governments. Levee associations and lect rents, fees, and charges; and issue revenue bonds. districts may reorganize under the conservancy district statutes. Housing Authorities Housing authorities may be established by the fiscal body County Toll Road Authorities of a city, town, or county on resolution of its own motion Authorities to acquire, construct, finance, and operate toll or upon petition of residents and after a public hearing. roads are established by resolution of one or more counties The mayors of cities or the legislative bodies of towns or and municipalities that are county seats of those coun- counties appoint the housing authority commissioners. The ties, subject to public hearing. A board of five trustees authorities may issue revenue bonds after a public hearing appointed by officials of participating counties and their and fix and collect rents. county seats governs the authority. The board of trustees, Indianapolis is authorized to designate a department, in turn, appoints the five-member board of directors which division, or agency of the consolidated city government to is responsible for control of the toll road authority. The perform the public housing function and such an entity is board of directors of an authority may fix fees, tolls, and not classified as a special district government. charges, and may issue revenue bonds. No county toll road authorities were reported in existence as of June 30, 2012. Interstate Airport Authorities In Marion County, construction and financing of toll roads Authorities to provide airports may be established by joint by authorities organized under this law requires approval agreement between local governments in Indiana and any by the city-county legislative body and the legislative adjoining state upon resolution or ordinance of the govern- body of the unit involved. Thus, authorities of this type in ing bodies of all governments. An appointed board consist- Marion County are not counted as separate governments ing of representatives of all participating governments, as for Census Bureau purposes. See “Subordinate Agencies detailed in the agreement creating the authority, governs and Areas” below. each authority. Authorities may impose fees for its facilities and services and may issue revenue bonds. Drainage Maintenance and Repair Districts The Chicago-Gary Regional Airport Authority is described Drainage districts may be organized by the circuit court under “Illinois—Special District Governments.” on petition of landowners in the area subject to public hearing. Districts may not be established under this law Joint Electric Power Agencies after June 30, 2001, but districts in existence prior to this date may continue to function. A board of three drainage Joint electric power agencies may be created by two or commissioners appointed by the county commission- more municipalities by resolution or ordinance of their ers governs each district. The boards may levy special respective governing bodies to provide electric power. A assessments. board consisting of one commissioner appointed by the governing body of each participating municipality governs East Chicago Waterway Management District the agency. The agency may fix, charge, and collect rents, rates, fees, and charges, and may issue revenue bonds. Authorized in 1994, the district is governed by a seven- The Indiana Municipal Power Agency was established under member board of directors of whom four are appointed by this law. the executive of East Chicago, two by the Governor, and one by the legislative body of East Chicago. The district Electric power agencies serving only one municipality are was created to ease navigation and to improve water qual- classified as dependent agencies of the municipality they ity in the Indiana Harbor and Ship Canal and in the Grand serve and are not counted as separate governments for Calumet River. Multiple local, state, and federal agen- Census Bureau purposes. See “Subordinate Agencies and cies are participating under interagency agreements and Areas” below. memoranda of understanding. The district is authorized to impose user fees for waterways and public facilities. Joint Park Districts Joint park districts may be created by two or more neighbor- Hospital Bonding Authorities ing cities or towns by ordinance. Districts are governed by a These authorities are created by resolution of the govern- joint park board consisting of all the park board members of ing body of any county, second or third class city, or town participating cities and towns. The joint park board deter- in which one or more private nonprofit hospitals is located, mines the amount of money that each participating govern- following a written request by the hospital governing ment must appropriate for the support of the district. Joint board. A board of five directors appointed by the board park districts may issue bonds after a public hearing and of county commissioners or by the city or town executive with approval of the fiscal bodies of participating govern- ments. Districts may levy special ad valorem taxes.
92 Indiana Governments—Individual State Descriptions Library Building Corporations Counties. A board of trustees consisting of one trustee appointed by the county commissioners of each county A library building corporation may be established to pro- served, one trustee who is a member of the county council vide library buildings under lease-purchase arrangements. of each county served, and three trustees appointed by Establishment is upon petition by resident taxpayers of a the Governor governs the district. The district may fix library district or municipality that operates a library and rates, fees, and tolls for use of its facilities and may issue determination of such building needs. The building cor- revenue bonds. poration may issue revenue bonds to finance facilities in accordance with a plan approved by the lessee, subject to Northwest Indiana Regional Development public hearing and state government approval. Authority Library Districts This authority was created by special act to fund airports, transportation, shoreline development, and other eco- Class one library districts are all districts established nomic development projects. The law applies to Lake and after March 13, 1947; class two library districts are those Porter Counties and the cities of East Chicago, Gary, and established prior to March 14, 1947, and that have not Hammond. The authority is governed by a board consisting converted to class one districts. A class one library district of representatives of the participating counties and cities, may be established in a municipality, township, county, plus members appointed by the Governor. The authority or part of a county that meets population and land value may issue bonds and set leases. The authority receives requirements. Class one districts are created by resolu- funding from the participating local governments as estab- tion of the governing body of the municipality, township, lished by the authorizing act. or county either upon the governing body’s own initiative or upon voter petition. A library board of seven members Regional Development Authorities appointed by the governing bodies of the county, munici- palities, townships, or school districts served governs each Authorities to assist with transportation and economic class one district. The districts may levy ad valorem taxes development may be established by two or more counties and, in some cases after approval of the county fiscal body, located in the same economic growth region or adjacent issue bonds. Provisions concerning the class two library to such a region. A county or a second class city may districts are similar to those governing class one districts. participate in establishing such an authority if the fiscal Class two library districts may charge fees and levy ad body of the county or second class city adopts an ordi- valorem taxes. nance. An authority is governed by a development board of appointed members from participating governments and, Library Services Authorities if the state provides any funding, an additional member is appointed by the Governor. An authority may issue bonds The law authorizing library services authorities was and collect lease rentals. An authority receives funding repealed in 2012. from participating governments. Multiple Jurisdiction Infrastructure Regional Water, Sewage, and Solid Waste Authorities Districts Authorities to assist in the development of infrastruc- Regional water, sewerage, and solid waste districts may ture may be established by ordinance of the participating be established to provide one or more services including municipalities and, if the county is participating, order of water supply, sewerage treatment, or solid waste disposal. the county executive. A joint agreement specifying the Districts are established by the state department of environ- contribution of funds by the participating governments is mental management upon petition of one or more counties, included in the creating ordinance. An appointed board of municipalities, towns, townships, conservancy districts, directors consisting of two representatives of each partici- or other municipal corporations, and, in most cases, after pating government (one appointed by the chief executive a public hearing. If a district includes state-owned land, and one by the fiscal body) governs the authority. The it must be authorized by the state department of natural authority may fix fees, rates, and charges after a public resources. Districts established prior to 1972 were estab- hearing and may issue revenue bonds. lished by court order. Districts are governed by a board of Northern Indiana Commuter Transportation trustees, either elected or appointed as determined in the District establishing order by the governing bodies having territory in the district. In some cases the Governor may appoint This district, formed in 1977 by general law with special members. A district may fix and charge rates for services, application, upon ordinance of counties served, provides after a public hearing may issue revenue bonds. interstate commuter rail service, the South Shore Line, between Chicago, Illinois and South Bend, Indiana, with service through Lake, La Porte, Porter, and St. Joseph
Governments—Individual State Descriptions Indiana 93 Soil and Water Conservation Districts Indiana Housing and Community Development Authority (state)—This authority, created by statute in A single soil and water conservation district with boundar- 1978, provides mortgage credit for low- and moderate- ies conterminous with county boundaries exists in each income housing. The authority is governed by a seven- county of the state. A five-member board of supervisors member board, including four members appointed by the consisting of two members appointed by the state soil con- Governor, plus the lieutenant governor, the finance director servation board and three elected members governs each of the Indiana Finance Authority, and the state treasurer. district. These districts may accept voluntary contributions The authority may fix charges in connection with its loans from any source and may require contributions from ben- and may issue revenue bonds. efitted landowners. Local improvement bond banks (municipal)—These Solid Waste Management Districts agencies are created to market bonds issued by local gov- Authorities to provide solid waste management facilities ernments in their respective counties. Banks are governed are established by ordinance of one or more counties. The by a five-member board of directors appointed by the board of directors includes members appointed by the mayor. These banks may fix fees and charges and may executives and the governing bodies of participating cities issue revenue bonds. and counties and ex officio members of those governments Regional transportation authorities—1981 law (county as specified by statute. The district may charge fees, levy or municipal)—These authorities may be established by ad valorem taxes, after approval from the fiscal boards of ordinance by the fiscal body of a county or municipality. participating counties, and special assessments, and issue Other counties or municipalities within the same planning revenue bonds. district may join upon passing a resolution. There can be In Marion County, similar districts are governed by the only one authority within an area designated as a transpor- Indianapolis board of public works ex officio and are not tation planning district. Each authority’s board represents counted as separate governments for Census Bureau pur- local, state, and private interests. These authorities, subject poses. See “Subordinate Agencies and Areas” below. to fiscal control by the creating local government, may charge fares, rents, and other fees and may issue revenue SUBORDINATE AGENCIES AND AREAS bonds. These districts may be known as “regional bus authorities.”2 Shown below are various governmental designations in Indiana that have certain characteristics of governmental Other examples include: units but that are classified in Census Bureau statistics as State3, 4, 5 subordinate agencies of the state or local governments and are not counted as separate governments. Legal provisions Board for Depositories for some of the larger of these are discussed below (see Indiana Bond Bank “Public School Systems” above regarding educational agen- Indiana Economic Development Corporation cies of this nature). Indiana Education Savings Authority Indiana Finance Authority (state)—This authority com- Indiana Natural Resources Foundation bined the former state office building commission, Indiana development finance authority, Indiana transportation Indiana Recycling and Energy Development Board (formerly finance authority, Indiana health and educational facil- Indiana Energy Development Board) ity financing authority, and the recreational development Indiana Secondary Market for Education Loans commission. The authority assumed all powers and duties Indiana Stadium and Convention Building Authority regarding the wastewater revolving loan program, drink- Indiana White River State Park Development Commission ing water revolving loan program, supplemental drinking water and wastewater assistance program from the state Kankakee River Basin Commission treasurer, the state auditor, the department of environ- Lake Michigan Marina and Shoreline Development mental management, and the budget agency. The Indiana Commission Finance Authority issues revenue bonds payable from lease Law Enforcement Academy Building Commission rentals under lease agreements with various state agencies Little Calumet River Basin Development Commission to finance the building or acquiring of state buildings and structures. The authority is governed by a board consist- Maumee River Basin Commission ing of the budget director of the office of management and Ohio River Greenway Development Commission budget, the state treasurer, and three members appointed Ports of Indiana (formerly Indiana Port Commission) by the Governor. The authority may fix and collect charges Residual Malpractice Insurance Authority and fees and issue revenue bonds. River commissions
94 Indiana Governments—Individual State Descriptions River Marina Development Commission (in Evansville area) Economic development project districts—1990 law St. Joseph River Basin Commission (Evansville, Fort Wayne, Hammond, and South Bend) Upper Wabash River Basin Commission Economic improvement districts (municipal) Wabash River Heritage Corridor Commission Electric power agencies serving a single municipality Flood control districts in first-class cities (Indianapolis) County Flood control districts in second- and third-class cit- Airport authorities (county) ies—1981 law Community revitalization enhancement districts (county) Flood plain commissions (municipal) County capital improvement board of managers Fort Wayne-Allen County Convention and Tourism County cemetery commissions Authority—created prior to the 1982 law County convention and visitors commissions (in various Gary Building Authority counties) Indiana Central Canal Maintenance and Improvement County drainage boards District (Indianapolis) County hospital (building) corporations Local boards of aviation commissioners (municipal) County onsite waste management districts Local environmental response financing districts (Columbia City) Crane Development Authority6 Marion County Capital Improvement Board Economic development commissions (county) Marion County Convention and Recreation Facilities Economic improvement districts (county) Authority (Indianapolis) Fire protection districts Marion County Health and Hospital Corporation Flood plain commissions (county) (Indianapolis) Local boards of aviation commissioners (county) Metropolitan Development Commission (a redevelopment Local environmental response financing districts commission) (Tippecanoe County) Metropolitan thoroughfare districts (Indianapolis) Military base reuse authorities (county) Military base reuse authorities (municipal) Orange County development commission *Municipal improvement districts Park districts (county) Park districts (municipal) Port authorities (county) Port authorities (municipal) Public communications systems and computer facilities Professional sports and convention development areas districts (county) (Indianapolis) Redevelopment authorities (county) Public communications systems and computer facilities Redevelopment commissions (county) districts (Indianapolis) Regional development authorities Public transportation corporations—1965 law Special improvement districts—1987 law (county) Redevelopment authorities (municipal) Tourism boards (Jefferson County) Redevelopment commissions (municipal) Municipal Sanitary boards (municipal) Sanitary districts (Indianapolis) Airport authorities (municipal) Special improvement districts—1987 laws Automated transit districts Waterworks districts Civic center building authorities in second-class cities (South Bend and Mishawaka) Waterworks districts in second class cities of 170,000 to 180,000 population (Evansville- district includes the Community revitalization enhancement districts (municipal) entire county) County toll road authorities in Marion County (Indianapolis) City-county Department of Public Utilities of Consolidated City (Indianapolis) Evansville-Vanderbough Levee Authority District Economic development commissions (municipal) Military base reuse authorities (joint) Economic development project districts—1987 law Port authorities (joint) (Indianapolis)
Governments—Individual State Descriptions Indiana 95 Private Associations
The law authorizing horticultural and quarantine authori- ties, which had previously been classified as private asso- ciations, was repealed in 2008.
Indiana laws also provide for various types of local areas for election purposes and administration of justice.
1 Fourteen cities and towns located within the area of the for- mer county of Marion continue to exist as separate governments for Census Bureau purposes: Beech Grove, Clermont, Crows Nest, Homecroft, Lawrence, Meridian Hills, North Crows Nest, Rocky Ripple, Southport, Speedway, Spring Hill, Warren Park, Williams Creek, and Wynnedale. In addition, all townships within the former county of Marion continue to exist as separate governments for Census Bureau purposes. 2 Regional transportation authorities, previously considered special district governments, were reclassified as local dependent agencies effective for the 2012 Census of Governments. 3 The legislation authorizing the Indiana Facilities Authority was repealed in 2007. 4 The legislation authorizing the Indiana Health Informatics Corporation was repealed in 2012. 5 The legislation authorizing the Intelenet Commission (state telecommunications network) was repealed in 2007, section 6. 6 The Crane Development Authority, previously classified as a subordinate agency of the state, has been reclassified as a depen- dent agency of Martin County.
96 Indiana Governments—Individual State Descriptions Iowa
Iowa ranks seventeenth among the states in number of operate a community college or area vocational school. local governments with 1,947 active as of June 30, 2012. Each merged school area is a school corporation that is governed by a board of directors consisting of one member COUNTY GOVERNMENTS (99) elected from each member school district. The board may There are no areas in Iowa lacking county government. The determine tuition rates, set property taxes, and, with voter county governing body is called the county board of super- approval, issue bonds. visors.1 A constitutional amendment grants home rule. Dependent Public School Systems (0) SUBCOUNTY GENERAL PURPOSE Iowa has no dependent public school systems. GOVERNMENTS (947) Other Educational Activities The subcounty general purpose governments in Iowa con- sist of municipal (city) governments. The townships in Iowa State law established area education agencies encompass- are not counted as separate governments in Census Bureau ing the state to provide special services. The agencies are statistics on governments. governed by boards of directors selected by the boards of member districts. Fiscal needs are met by the participating Municipal Governments (947) school districts and by state grants. The agencies are clas- All municipalities in Iowa are now designated as cities, sified as joint educational service agencies of the school including those governments that were designated as districts served and are not counted as separate govern- “towns” prior to July 1, 1975. A constitutional amendment ments for Census Bureau purposes. grants home rule. SPECIAL DISTRICT GOVERNMENTS (535) Township Governments (0) Iowa statutes authorize the creation of a variety of special The civil townships in Iowa are distinct geographical areas districts or authorities that are counted as governments governed by a board of trustees. The trustees are often for Census Bureau purposes. These are discussed in detail elected, but may be appointed by the county board of below. supervisors if authorized by voter referendum. The main Airport Authorities functions of these townships are fire protection, cem- etery maintenance, and fence maintenance and boundary These authorities may be established by two or more coun- dispute. Townships in Iowa are classified as administrative ties or cities. Creation requires the passage of an ordi- subdivisions of the counties and are not counted as sepa- nance by each participating government following a public rate governments for Census Bureau purposes. hearing. Each authority is governed by a board appointed by the governing bodies of the member governments. An PUBLIC SCHOOL SYSTEMS (366) authority may fix and collect rates, fees, and charges, and issue revenue bonds. Participating governments may levy School District Governments (366) taxes for airport purposes after a hearing. The following types of school districts in Iowa are counted Airport authorities that serve a single municipality are not as separate governments for Census Bureau purposes: counted as separate governments for Census Bureau pur- • Community school districts poses. See “Subordinate Agencies and Areas” below. • Consolidated school districts Benefited Fire Districts • Independent school districts Since 1975, benefited fire districts may no longer be estab- • Merged school areas lished in Iowa. However, districts already in existence may All school districts are governed by elected boards of direc- continue to operate. Each district is governed by a three- tors. Districts may issue bonds after a local referendum member board of trustees, appointed by the county board and may levy taxes. of supervisors. The district may levy taxes and, after a public hearing and referendum, issue bonds. Two or more school systems or parts of school systems may combine resources to form a merged school area to
Governments—Individual State Descriptions Iowa 97 Benefited Law Enforcement Districts Community Clusters These districts may be established by resolution of the Community clusters provide joint functions, services, facili- county supervisors, upon petition of property owners ties, and development of infrastructure. They are formed and after a public hearing. An initial property tax must by joint powers agreements between two or more cities, be approved by a popular referendum. Each district is counties, or special taxing districts. The composition of the governed by a popularly elected board. The districts may governing body is specified in the agreement. The entities annually levy ad valorem taxes. With voter approval, the may receive revenue through revenue sharing arrange- districts may issue bonds and levy ad valorem taxes for ments. Revenue sharing from ad valorem taxes requires repayment. voter approval. As of June 30, 2012, no entities of this type were reported in operation. Benefited Recreational Lake and Water Quality Districts Community Mental Health Centers These districts provide recreation facilities. The districts These centers may be formed by resolution of one or more may be established by resolution of the county supervi- county boards of supervisors and approval of the state sors, upon petition of property owners and after a public department of human services. Each center is governed by hearing. An initial property tax must be approved by a a board of popularly elected trustees. The boards may bill popular referendum. Each district is governed by a popu- the counties for services. As of June 30, 2012, no entities larly elected board. Where the state owns at least 400 acres of this type were reported in operation. of land contiguous to a lake in the district, the natural Community mental health boards that are established as pri- resources commission appoints two additional members vate nonprofit corporations are classified as private entities to the board. The districts may annually levy ad valorem and are out-of-scope for the Census of Governments. taxes. With voter approval, the districts may issue bonds and levy ad valorem taxes for repayment. Emergency Medical Services Districts (Benefited and City) Benefited Secondary Road Services Districts These districts may be established by a county board of These districts are established by resolution of the county supervisors or the governing body of a municipality upon board of supervisors upon petition of property owners petition of property owners and after a public hearing. The and after a public hearing. An initial property tax must be initial property tax must be approved by popular referen- approved by popular referendum. Each district is governed dum. Each district is governed by a popularly elected board by a popularly elected board. The districts may annually of three trustees. The district may levy ad valorem taxes levy ad valorem taxes. With voter approval, the districts and, with voter approval, may issue bonds. may issue bonds and levy ad valorem taxes for repayment. Emergency Response District Benefited Street Lighting Districts This district may be created as a pilot program by Crawford These districts are established by resolution of the county County on its own motion and resolution after a public board of supervisors upon petition of property owners hearing. The district is governed by the county board of and after a public hearing. An initial property tax must be supervisors, the county sheriff, and the mayor of each approved by popular referendum. Each district is governed participating city. The district may levy property taxes and by a popularly elected board. Upon voter approval, the issue bonds. districts may levy ad valorem taxes and issue bonds. Housing Agencies Benefited Water Districts and Subdistricts A housing authority may be established by resolution of These districts and subdistricts serve part of all of any a city or county governing body. Each authority is admin- incorporated city or cities. The districts may be created by istered by a board of five commissioners appointed by resolution of the county board of supervisors upon petition the mayor, by and with the consent of the local governing of the voters and after a public hearing. Improvement proj- body. An authority may set and collect rents and fees. The ects, however, must be approved by referendum. Voters creating government may issue revenue bonds on behalf of elect five nominations, of which three are appointed by the agency. the county supervisors to serve as the board of trustees. These boards may issue special assessment bonds, levy ad A city or county government may choose to exercise hous- valorem taxes, and fix and collect charges for water. The ing powers, rather than establish a housing authority. See county sets the special assessment rates. Benefited water “Subordinate Agencies and Areas” below. districts may be formed as combined water and sanitation districts under the same provisions.
98 Iowa Governments—Individual State Descriptions Joint 911 Service Boards referendum. Each district is governed by a board of trustees appointed by the governing bodies of member cities and State legislation requires each county board of supervisors counties. The board may determine the amount of taxes to establish a joint 911 service board to develop enhanced needed from its members and accept gifts. As of June 30, emergency telephone communication systems statewide. 2012, no entities of this type were reported in operation. Each political subdivision that has a public safety agency operating within the territory served by the board is enti- Libraries serving only one county or city are not counted tled to voting membership on the board. Each district has a as separate governments for Census Bureau purposes. See program manager appointed by the state. The law provides “Subordinate Agencies and Areas” below. for a variety of funding including a base surcharge on local telephone service. The board or the program manager may Library Service Areas request voter approval to impose additional surcharges. State law divides the state into seven regions to provide supportive library services to existing public libraries Joint Building Authorities and to construct or lease additional facilities. Each library These authorities to finance, construct, operate, and main- service area is governed by a board of trustees appointed tain public buildings may be established by a county and by the local area education agency, public libraries, public the city forming the county seat. To create the authority, librarians, trustees of community colleges, and the com- the chair of the county board, the mayor, and the city clerk mission of libraries. Library service areas are funded by must file articles of incorporation with the state. A board contracts and a statutorily set local ad valorem tax. of three commissioners (one representing the county, one representing the city, and one appointed jointly by both Levee and Drainage Districts governments) governs each authority. The authorities may Levee and drainage districts may be formed by the county fix rates, rentals, fees, and charges. With voter approval, board of supervisors upon petition of the landowners and the authorities may issue revenue bonds. As of June 30, after an engineer’s report and a public hearing. An elected 2012, no entities of this type were reported in operation. board of three trustees governs each district. These dis- tricts may, after a hearing, issue bonds and levy benefit Joint Solid Waste Service Agencies assessments. These agencies are created by intergovernmental agree- Drainage subdistricts have no separate governing body ment between any two or more local governments and and are not counted as separate governments for Census after approval by the environmental protection commission. Bureau purposes. Levee and drainage districts under the The composition of the agency governing body is specified management of county boards of supervisors or county in the agreement creating the agency. The agencies may boards of drainage commissioners are also not counted as impose license and permit fees, receive revenue for services separate governments for Census Bureau purposes. See rendered under contract, and issue revenue bonds. “Subordinate Agencies and Areas” below. Joint Transit Agencies Mid-America Intermodal Authority Port These agencies are created by agreement between one or District more cities and other public agencies. A board of trustees, This authority is described under “Illinois—Special District composed according to terms of the agreement creating the Governments.” agency, governs the agency. The agency may impose fees and charges for its facilities. Participating governments may Quad Cities Interstate Metropolitan Authority issue bonds on behalf of the agency after voter approval. This authority was dissolved as of January 2005. Joint Water Utilities Port Authorities A joint water utility may be created by joint resolution of two or more city councils upon their own motion or upon These authorities may be created by resolutions of the voter petition and after popular referendum. Each utility is governing bodies of two or more political subdivisions. governed by a board of trustees, known as a joint water A board of directors, appointed by the creating political utility board that is appointed by the mayors with the subdivisions, governs each authority. An authority may set approval of the city councils. The utilities may contract to service charges and rental fees and, after a public hearing, sell water, set rates and charges, and issue revenue bonds. may issue revenue bonds. Participating political subdivi- sions may allocate tax revenues to the authority. Library Districts Real Estate Improvement Districts Library districts, composed of two or more counties and or cities, may be established by the governing bodies of These districts are created upon petition of property own- member counties or cities on petition of voters after a ers to a county or city governing body and after a public
Governments—Individual State Descriptions Iowa 99 hearing and popular referendum. The districts are gov- creating them and are not counted as separate govern- erned by a popularly elected board of trustees. The dis- ments for Census Bureau purposes. tricts may levy ad valorem taxes and special assessments and may fix charges for services. The districts also may Special Land Use Districts issue general obligation and revenue bonds. As of June 30, This law has application to a specific site of historical 2012, no entities of this type were reported in operation. and cultural significance for the purpose of preserving its distinctiveness. The districts are established by the county Regional Transit Districts board of supervisors upon petition of the voters and after These districts may be created by a county with more than public hearing and referendum. A board of popularly 175,000 inhabitants (Linn County) in conjunction with any elected trustees governs each district. The districts may contiguous counties and cities that wish to participate. levy ad valorem taxes. For example, the Amana Colonies A commission, appointed by the participating governing Land Use District was created under this law. bodies, governs each district. A district may issue revenue bonds, establish and collect fares, and, with approval of SUBORDINATE AGENCIES AND AREAS the governing bodies of participating counties, may levy ad Shown below are various governmental designations in valorem taxes and issue general obligation bonds. Iowa that have certain characteristics of governmental units but that are classified in Census Bureau statistics as Rural Improvement Zones subordinate agencies of the state or local governments and These entities serve areas surrounding private lake devel- are not counted as separate governments. Legal provisions opments in counties with fewer than 20,000 inhabitants. for some of the larger of these are discussed below (see The entity may be created by resolution of the county “Public School Systems” above regarding educational agen- board of supervisors upon petition of residents and after cies of this nature). a public hearing. A popularly elected board of trustees Among the subordinate agencies and areas listed below, governs each zone. The board may borrow money, issue some represent “special taxing areas,” i.e., entities that certificates, and levy ad valorem taxes. serve a portion, rather than all of a county and for which a Rural Water Districts tax may be levied against the assessed value of property in the area served. In Iowa, the only county-related entities of These districts may serve one county or two or more adja- this kind are the “townships” discussed in detail above. cent counties. The districts are established by the county board of supervisors upon petition of property owners and Iowa Finance Authority (state)—This authority was after a hearing. Alternatively, an existing nonprofit corpo- established to provide mortgage credit for low- and ration may petition the county board of supervisors for moderate-income housing. It also provides loans to eco- conversion to a rural water district. A board of directors is nomic development programs, finances sewage treatment elected by the members (property owners and tenants) to projects, and various other programs. The authority is govern each district. The districts may fix rates and issue governed by a board of nine members appointed by the revenue bonds. governor with the consent of the senate. The authority may fix fees and charges, make mortgage loans, and issue Sanitary and Sanitary Sewer Districts revenue bonds.
These districts may be formed by the county board of Other examples include: supervisors upon petition of voters and after a public hear- State2 ing and popular referendum. Districts may serve multiple counties. Each district is governed by a board of trustees Economic Development Authority that is popularly elected. The districts may issue general Honey Creek Premier Destination Park Authority obligation and revenue bonds, levy ad valorem taxes and Iowa Advance Funding Authority special assessments, and fix rates and charges. Iowa Agriculture Development Authority Soil and Water Conservation Districts Iowa Cultural Trust These districts are established by the state soil and water Iowa Higher Education Loan Authority conservation committee after petition and hearing. An Iowa Innovation Corporation elected board of five commissioners governs each district. Iowa Lottery Authority A district may require contributions from landowners for services. Iowa Propane Education and Research Council Iowa Student Loan Liquidity Corporation Soil and water conservation subdistricts are dependent activities of the soil and water conservation district Mississippi River Parkway Commission Missouri River Preservation and Land Use Authority 100 Iowa Governments—Individual State Descriptions State Interagency Missouri River Authority Municipal
Tobacco Settlement Authority Airport authorities (single city) County Airport commissions (single city)
Agricultural extension districts and councils Cultural and entertainment districts (municipal) Airport authorities (single county) Enterprise zones (municipal) Airport commissions (single county) Hospital or health care facility trustees County conservation boards Housing authorities (ex officio) County enterprise commissions Joint electrical utilities County public hospitals Library districts (single city) Cultural and entertainment districts (county) Regional sports authority districts District health departments Revitalization areas Emergency management commissions Self-supported municipal improvement districts Enterprise zones (county) Unified law enforcement districts Highway drainage districts Urban renewal agencies Levee drainage districts (ex officio) Private associations
Library districts (single county) The rural electric cooperatives in Iowa are classified as pri- Loess Hills Development and Conservation Authority vate cooperatives and are not counted as separate govern- Secondary road assessment districts ments for Census Bureau purposes. Soil conservation and flood control districts (ex officio) Iowa laws also provide for various types of local areas for Southern Iowa Development and Conservation Authority election purposes and administration of justice. Special assessment and joint special assessment districts 1 One county (Lee County) has two county seats. 2 Legislation authorizing the Iowa Business Development Finance Corporation was repealed in 2007. The Iowa Economic Protective and Investment Authority, the Iowa Railway Finance Authority, and the Wallace Technology Transfer Foundation no longer exist.
Governments—Individual State Descriptions Iowa 101 Kansas
Kansas ranks sixth among the states in number of local Township Governments (1,268) governments with 3,826 active as of June 30, 2012. The entire area of Kansas is covered by townships except COUNTY GOVERNMENTS (103) for areas where cities of the first class and second class exist. If a township government becomes inactive, its The entire area of the state is encompassed by county gov- activities are assumed by the respective county govern- ernments except for the Unified Government of Wyandotte ment; the inactive townships are not counted as govern- County and Kansas City and the Unified Government of ments for Census Bureau purposes. All or only part of the Greeley County. The county governing body is called the townships within a county area may become inactive. At board of county commissioners. The Unified Government present, active township governments exist in 95 of the of Wyandotte County and Kansas City is counted as a 103 Kansas counties. municipal government, rather than as a county government in Census Bureau reporting. The Unified Government of PUBLIC SCHOOL SYSTEMS (306) Greeley County is the result of the consolidation of Greeley County and the city of Tribune and is also counted as a School District Governments (306) municipal government, rather than a county government, The following types of school districts in Kansas are counted in Census Bureau reporting. as separate governments for Census Bureau purposes:
SUBCOUNTY GENERAL PURPOSE • Unified school districts GOVERNMENTS (1,894) • Community college districts The 1,894 subcounty general purpose governments in • Municipal universities Kansas comprise the 626 municipal (city) governments and An elected board of education or “school board” gov- the 1,268 township governments. erns each unified school district, except for the Fort Leavenworth School District. The board of education of Municipal Governments (626) that district is appointed by the commanding general of All of the municipal governments in Kansas are designated Fort Leavenworth. as cities. Cities are divided by general law into the follow- Community college districts were created by the state ing size classes: board of regents upon petition of one or more school • Cities of the first class—15,000 inhabitants or more districts and after referendum. A moratorium prohibits the • Cities of the second class—2,000 to 14,999 inhabitants creation of new community colleges. An elected board of trustees governs each community college district. • Cities of the third class—fewer than 2,000 inhabitants Cities of the second class may continue as such until they Municipal universities are governed by boards of regents, reach a population of 25,000, when they are required by with three members appointed by the mayor with law to become cities of the first class; similarly, cities of the approval of the governing body of the city, one member third class may remain as such until they reach a popula- appointed by the county commission, three members tion of 5,000. A 1963 law, as amended in 2011, specifies a appointed by the Governor, one member selected by minimum population requirement of 250 or more inhabit- the state board of regents from its membership, and the ants for incorporation or 250 platted lots each served by mayor of the city serving ex officio. Washburn University water and sewer lines owned by a nonprofit corporation. of Topeka was the only municipal university reported in Also, a territory designated as a national landmark by the operation as of June 30, 2012. Congress of the United States may incorporate without All school district governments in Kansas may levy ad meeting other requirements for incorporation. Population valorem school taxes and, with voter approval, issue in existing cities may fall below designated population min- bonds. In addition, municipal universities may impose a imums for their class designation without changing class. county-wide retailers’ tax. A community college district The Kansas Constitution allows cities the power of home may charge tuition and fees. rule. Cities of the third class exist within township areas, while cities of the first and second class exist outside the area of any township.
102 Kansas Governments—Individual State Descriptions Dependent Public School Systems (0) Cemetery Districts Kansas has no dependent public school systems. The following types of cemetery districts are counted as governments for Census Bureau purposes: Other Educational Activities1 Cemetery district associations—established by peti- Agencies providing special education and related services tion of voters to the board of county commissioners; may be established by two or more school districts under governed by an elected board of directors. the Interlocal Cooperation Act. A board of directors gov- erns each such agency; the number of representatives from Cemetery districts (joint city and township)—estab- each participating school district is specified in the agree- lished by city of the second class or third class in con- ment. The agency may receive contributions from partici- junction with one or more townships upon petition of pating school districts and state and federal grants. These voters to the county commissioners and resolution by the agencies are classified as joint agencies of the participating city governing body; administered by a board of trustees school districts and are not counted as separate govern- composed of the township trustees and the city mayor. ments for Census Bureau purposes. Cemetery districts (township)—established upon Two or more boards of school districts, community col- petition of voters to the county commissioners plus leges, municipal universities, technical colleges, or state resolution adopted by the township; governed by an educational institutions may enter into agreements to pro- elected board of directors. vide career technical education programs, after approval Cemetery districts (abandoned cemeteries)—estab- by the state board of regents. Career technical education lished by resolution passed by the county board upon programs may receive state and federal funds. petition of voters and agreement of the city of the third Educational service centers may be established by an interlo- class wherein the district resides; governed by a board of cal cooperation agreement pursuant to general law between trustees composed of township trustees and the mayor. two or more school districts. A board of directors appointed All of the above types of cemetery districts may levy according to terms specified in the agreement administers an ad valorem tax. Cemetery district associations may each center. The participating school districts contribute issue bonds. funds for the support of the centers. For Census Bureau purposes, educational service centers are classified as joint City-County Airport Authorities educational service agencies of the participating school districts and are not counted as separate governments. In any city of the first class in a county with a popula- tion between 125,000 and 200,000, an authority may be Special education cooperatives are formed by agreement established by referendum to acquire, operate, and develop between two or more school districts and with the approval a surplus Air Force base. A board of five directors governs of the state board of education. One of the participating each authority, including two appointed by the board of districts sponsors the programs; the other participating dis- county commissioners and three appointed by the mayor. tricts make contributions. These cooperatives are classified The authority may levy ad valorem taxes, fix charges, as joint educational service agencies of the participating and issue bonds. The Metro Topeka Airport Authority was school districts and are not counted as separate govern- formed under this act. ments for Census Bureau purposes. Community Building Districts The Kansas City Public Library, originally the Public Library of Kansas City, was established by special act in 1873 and General law authorizes any city of the third class together resolution of the board of the Unified School District 500. with its surrounding area to be organized as a community The library is governed by the board of education, ex offi- building district upon petition of voters to the board of cio. The board of education may levy ad valorem taxes on county commissioners. An elected board of directors gov- behalf of the library. erns each district. The districts may levy ad valorem taxes.
SPECIAL DISTRICT GOVERNMENTS (1,829) Conservation Districts Kansas statutes authorize the creation of a variety of These districts are established upon petition of land occu- special districts or authorities that are counted as separate piers to the state conservation commission, after refer- governments in Census Bureau statistics. These are dis- endum. A board of five elected supervisors governs each cussed in detail below. district. The districts may require contributions. The county may levy ad valorem taxes on behalf of the district.
Governments—Individual State Descriptions Kansas 103 Drainage Districts Housing Authorities There are four general laws authorizing drainage districts Housing authorities may be created by resolution of the in Kansas. A 1905 law provides for establishment by the governing body of a city or county. The authority commis- board of county commissioners upon petition of taxpayers; sioners are appointed by the mayor or the board of county two 1911 laws provide for establishment by the district commissioners. Housing authorities may fix rentals and court upon petition of landowners; and a 1963 law autho- issue revenue bonds. rizes joint drainage districts in two or more counties upon As an alternative, cities may exercise the powers of a hous- petition of landowners filed with the secretary of state, plan ing authority. In cities exercising this option, the housing approval by the chief engineer of the state division of water, authority is not counted as a separate government for and a referendum. The joint drainage districts and those Census Bureau purposes. See “Subordinate Agencies and established under the 1905 law are governed by elected Areas” below. boards of directors; under the 1911 laws, administration is either an elected board of supervisors or an elected board Improvement Districts of directors, depending on the particular statute under which the district was established. Each of these types of These districts plan and construct public works and districts may levy ad valorem taxes or benefit assessments. improvements necessary for public health, convenience, Districts may issue bonds with voter approval. or welfare. The districts are formed by the county commis- sioner upon petition and after a public hearing. An elected Ground Water Management Districts board of directors governs each district. The districts may levy ad valorem taxes and special benefit assessments. These districts are established on petition of voters to the Improvement districts may also charge rates and fees, and chief engineer of the state division of water resources. issue bonds. Establishment is subject to plan approval and district referendum. A board of directors elected by water users Industrial Districts governs each district. The district may levy special assessments, fix charges for its services, and, after voter Industrial districts acquire land and acquire or construct approval, issue bonds. buildings for the purpose of manufacturing, warehous- ing, distribution, and/or research and development for Horsethief Reservoir Benefits District the products of agriculture or industry. Under general law, industrial districts may be established on resolution The Horsethief Reservoir Benefits District was authorized of the board of county commissioners, upon petition of by a 2004 act of the legislature and established after voters landowners, and after a public hearing. An elected board in the district approved a sales tax. The district was estab- of directors governs each district. The districts may levy lished to manage recreational facilities of the Horsethief ad valorem taxes and issue both general obligation and Reservoir within the boundaries of Finney, Ford, Gray, and revenue bonds. Hodgeman counties. The district is governed by an eight- member board consisting of members appointed by each Irrigation Districts participating county’s board of commissioners, one mem- ber each appointed by the governing bodies of the cities Irrigation districts may be established under an 1891 law of Dodge City and Garden City, one member appointed by by a petition of landowners to the board of county com- the Pawnee watershed district, and the secretary of wildlife missioners or under a 1941 law requiring landowner peti- and parks. The district may levy a sales tax, as authorized tion to the division of water resources of the Kansas board in the creation of the district, issue bonds, and charge fees. of agriculture and a public hearing. An elected board of The district may also receive appropriations from the state commissioners administers each district under the 1891 and Pawnee watershed district. law; a board of directors elected by landowners governs each district under the 1941 law. Both types of districts Hospital Districts—1984 Law may collect rates and charges, levy taxes on the benefitted lands, and, with voter approval, issue bonds. Districts to provide hospital facilities to any two or more adjoining political subdivisions are established by peti- Joint Port Authorities tion to and resolution of the board of county commission- ers, districts in some counties may require a referendum. Joint port authorities may be created by ordinance or reso- An elected board governs the district. The district may lution and joint agreement by any combination of counties fix rates and fees, levy ad valorem taxes, and with voter and cities, and with approval of the state legislature. Each approval, may issue bonds. Hospital districts organized authority is governed by a board of directors appointed under former laws repealed in 1984 may continue to oper- by the participating governments. These authorities may ate under provisions of this 1984 law. issue revenue bonds and, subject to referendum, levy ad
104 Kansas Governments—Individual State Descriptions valorem taxes. The Mid-States Port Authority was created municipalities and with approval of the attorney general; a under this law. referendum may be required on voters’ petition. A board of directors governs each agency; the composition and man- Authorities serving a single city or county are not counted ner of selection is specified in the agreement creating the as separate governments for Census Bureau purposes. See agency. The agencies may fix rates and charges for ser- “Subordinate Agencies and Areas” below. vices and may issue revenue bonds. The Kansas Municipal Energy Agency was created under this law. Kansas and Missouri Metropolitan Culture and Recreation District Public Wholesale Water Supply Districts This district is counted under “Missouri—Special District Any county, township, city, town, water district, state Governments.” agency, or other municipal corporation may form a district Kansas City Area Transportation Authority of this type by agreement, subject to approval by the attor- ney general. The sponsoring governments appoint the mem- This authority is counted under “Missouri—Special District bers of the district governing body. The districts may collect Governments.” fees and charges and issue revenue bonds. Certain districts, with voter approval, may issue general obligation bonds. Library Districts Kansas statutes authorize the following types of library Reading Fire Benefit District districts: This district was created by resolution of the board of county commissioners upon petition of landowners. An Library boards in Hutchinson and Salina—These elected board of directors governs the district. The board library boards, serving the named cities, operate under of directors may levy ad valorem taxes and, in some cases special provisions not applicable to other library boards. after a referendum if petitioned by voters, issue general Each of the three boards is appointed by the mayor with obligation bonds. the consent of the council. The directors may levy an annual ad valorem tax. Riverfront Authorities Library boards in third class cities and town- These authorities are established by special acts to pro- ships—These districts may be created upon petition mote economic development along river areas. They are of voters to the board of county commissioners after a governed by boards of directors appointed by the partici- referendum approving the creation of the library and an pating governments. The authorities may set fees, rents, annual tax levy. A board of popularly elected directors and charges. governs each district. The districts may levy ad valorem taxes and, upon voter approval, issue bonds. Shawnee County Fair Association Regional library system boards—1965 law—Any This association was created by special act. It is governed one or more local library boards may petition the state by a board of directors elected by the residents of the city library board for establishment of a regional library of Topeka and the townships in Shawnee County plus three system board. The counties and the member libraries additional members elected at large within the county. The to be served are specified in the petition. The system association may levy an ad valorem tax that is subject to board consists of one or more representatives of each referendum on voter petition. member library board plus one or more representatives appointed by the governor to represent areas within the Water Supply Districts system boundaries but not served by a member library Kansas statutes authorize the following types of water sup- board. Regional library system boards may levy ad ply districts: valorem taxes. Rural water districts—1957 law—Districts organized Topeka and Shawnee County Library District—This under this law are created upon petition of landowners library district was created in 1992 by resolution of the to the board of county commissioners and after public board of trustees of the former Topeka public library hearing. A board of directors elected by landowners gov- and after referendum. A board of trustees appointed by erns each district. The districts may levy benefit assess- the city and county governs the district. The district may ments and issue revenue bonds. levy ad valorem taxes and, upon voter approval, may issue bonds. Rural water supply districts—1941 law—Districts organized under this law are established upon petition Municipal Energy Agencies of landowners to the board of county commission- Agencies to provide electric utilities and energy projects ers after a hearing. The landowners within the district are established by an agreement between two or more
Governments—Individual State Descriptions Kansas 105 constitute the district board of directors. The district an established government. This method of financing addi- may levy benefit assessments and may issue bonds. tional services in limited areas by property taxation, while also used by some municipal and township governments Water Assurance Districts—1986 Law—Districts to in a few states, is more widely utilized by county govern- provide water assurance from federally operated reser- ments. In the listing below of authorized county-related voirs are established by petition of water rights holders agencies, an asterisk (*) appears for each entity of this to the secretary of state and approval by the chief engi- kind, i.e., any that may individually serve a portion rather neer of the Kansas water office and after a referendum. than all of a county and for which a tax may be levied An elected board of directors governs each district. against the assessed value of property in the area served. The district may impose charges. The Kansas water office may issue revenue bonds for reservoir projects; Kansas Turnpike Authority (state)—This authority was the bonds are payable through revenue obtained from established by special act. The authority board consists of contracts with the district for water supply storage in two members appointed by the governor, plus the state federal reservoirs. secretary of transportation, the chair of the senate com- mittee on transportation and tourism, and one member Water supply and distribution districts in from the house transportation committee appointed by the Franklin, Johnson, Miami, and Wyandotte coun- speaker of the house. The authority may collect tolls and ties—Boards organized under this law are established charges and issue revenue bonds. by the county commissioners upon petition of the voters and after a public hearing. An elected district board Urban renewal agencies (municipal)—These agencies governs each district. The districts may fix water rates, are created by resolution of the municipal governing body. levy ad valorem taxes, and, upon voter approval, issue A board of five commissioners appointed by the mayor revenue bonds. with the consent of the governing body administers each agency. The sponsoring municipality may appropriate Waterworks boards in cities of more than 15,000 funds, levy ad valorem taxes and special assessments, and in population with an adjacent military reserva- issue bonds for urban renewal purposes. tion—This law applies to the city of Leavenworth. Boards under this law are established upon petition to Other examples include: the city clerk after referendum. The waterworks board is State2, 3 elected. The board may fix rates. Bonds, which require voter approval, are issued in the name of the city. Capitol Area Plaza Authority County extension districts Watershed Districts Information Network of Kansas, Inc. These districts construct and operate works of improve- Kansas Bioscience Authority ment for water management. These districts are estab- lished by petition of landowners to the secretary of state Kansas Electric Transmission Authority and chief engineer of the division of water resources of the Kansas Development Finance Authority state board of agriculture and after referendum. In certain Kansas Housing Resources Corporation situations, the county board of commissioners may initi- University of Kansas Hospital Authority ate the establishment of a watershed district. A board of directors elected by landowners governs each district. The County districts may levy an ad valorem tax after a public hearing Benefit (improvement) districts for fire protection, street and special benefit assessments, collect fees and rentals, lights, storm and sanitary sewers, water supply, indus- and, after voter approval, issue bonds. Two or more coun- trial drainage, and road improvement (county) ties may form a watershed joint district. *County fire districts SUBORDINATE AGENCIES AND AREAS County free fairs Shown below are various governmental designations in County hospital boards—1984 law Kansas that have certain characteristics of governmental County library boards units but that are classified in Census Bureau statistics as County park boards of trustees subordinate agencies of the state or local governments and are not counted as separate governments. Legal provisions County sports authorities for some of the larger of these are discussed below (see Extension districts “Public School Systems” above regarding educational agen- Fire districts in Johnson County cies of this nature). Johnson County Airport Commission Among the subordinate agencies and areas listed below, Johnson County Park and Recreation District some represent “special taxing areas” within the territory of
106 Kansas Governments—Individual State Descriptions Johnson County Wholesale Water Supply District Port authorities (city) *Joint county fire protection districts Public airport authorities Port authorities (county) Public building commissions (city) Public building commissions (county)4 Recreation systems Public improvement districts Redevelopment districts Regional library boards—1951 law Rural housing incentive districts Rural housing incentive districts (county) Self-supported municipal improvement districts Transportation development districts Sewerage or drainage taxing districts Sewer districts Storm drainage districts (cities between 100,000 and *Storm drainage districts 150,000 in population and cities in urban area counties) *Water districts (counties of fewer than 100,000 inhabit- Transportation development districts (city) ants and adjoining a federal reservoir flood control Township project or Finney County) Benefit (improvement) districts for fire protection and light- Municipal ing (township) Airport authorities (cities with 250,000 or more Regional library boards inhabitants) Special fire protection districts (townships with over Benefit (improvement) districts for sidewalk, street, or alley 10,000 population and outside the limits of an incorpo- improvements; underground utilities; watercourse altera- rated city) tion; and parking stations (city) Township library boards Bioscience development districts Township sewerage districts Cemetery boards Joint City-County City land banks City library boards (except Hutchinson and Salina) Joint port authorities (city-county) Hospital boards in cities of the first class and second class Joint storm drainage districts (city-county) Housing authorities governed by the municipality Kansas statutes also provide for various types of local Lighting districts (cities of the second class and third class) areas for election purposes and administration of justice. Metropolitan Transit Authority (Topeka) 1 In 2008, voters in Johnson County created the Johnson County education research triangle authority to distribute funds derived Municipal transit systems (cities more than 225,000 in from a sales tax to higher education programs. population) 2 The legislation authorizing Kansas, Inc. was abolished in 2012. 3 The legislation authorizing the Kansas Technology Enterprise Natural gas authorities Corporation was repealed in 2011. 4 Public Building Commissions were reclassified from “Special District Governments” to county and municipal dependent agen- cies for the 2012 Census of Governments.
Governments—Individual State Descriptions Kansas 107 Kentucky
Kentucky ranks twenty-fifth among the states in number of The county school districts encompass the entire area local governments with 1,338 active as of June 30, 2012. of the county except for localities within an indepen- dent school district. The independent school districts, by COUNTY GOVERNMENTS (118) contrast, usually embrace cities of the first five classes; The entire area of the state is encompassed by county although some cities, including Louisville, are served by government except the area of the former counties of county school districts. An elected board of education Fayette and Jefferson. These two governments are counted governs each school district. The board may determine as municipal governments, rather than as county govern- the rate of ad valorem tax levies for school purposes; ments in Census Bureau statistics. may impose additional occupational license, utility gross receipts for satellite and cable service, gross receipts Counties are governed by a fiscal court composed of the license, and excise taxes; and may issue general obligation county judge/executive and the justices of the peace; bonds with the approval of the voters. or the county judge/executive and three elected county commissioners. The county judge/executive is an elected Dependent Public School Systems (0) official who is a member of the fiscal court and is the Kentucky has no dependent public school systems. presiding officer of the fiscal court. Counties operate under home rule. Other Educational Activities SUBCOUNTY GENERAL PURPOSE General law provides for municipal colleges in second-, GOVERNMENTS (418) third-, or fourth-class cities administered by boards of trustees appointed by the mayor and the legislative body Municipal Governments (418) of the city. On behalf of the college, the city governing Municipal governments in Kentucky are the cities. The body may levy taxes with voter approval and may issue cities are classified by the legislature. The classification of bonds. A municipal college is classified for Census Bureau cities includes urban counties and first- through sixth-class purposes as a dependent agency of the city it serves. It is cities. No city may be changed from one class to another not counted as a separate government. except by legislative action. Communities must have 300 A municipal college support district may be established or more inhabitants to incorporate. Cities of the first class by the fiscal court of a county in which such a municipal may operate under home rule. college is located to provide for a tax levy outside the city The “unincorporated urban places” in Kentucky are geo- area. Such a district is classified as a dependent agency of graphical areas only without associated governmental the county government and is not counted as a separate structure. They are not counted as governments. government. In addition, boards of education in cities of the second Township Governments (0) class may establish or acquire junior colleges and levy ad Kentucky has no township governments. valorem taxes for their support upon voter approval. These are classified as part of the school district operating them PUBLIC SCHOOL SYSTEMS (174) and are not counted as separate governments.
School District Governments (174) Two or more local boards of education, under the Interlocal Cooperation Act, may establish educational cooperatives The following types of school districts in Kentucky are to provide services for member districts. Real and per- counted as separate governments for Census Bureau sonal property may be transferred to the cooperatives. purposes: Cooperatives may employ staff transferred from the local • County school districts boards of education. The Kentucky Board of Education may • Independent (city) school districts allot funding to cooperatives to provide educational services.
108 Kentucky Governments—Individual State Descriptions SPECIAL DISTRICT GOVERNMENTS (628) • Drainage districts—Act of 1912 Kentucky statutes authorize the creation of a variety of • Drainage, levee, and reclamation districts—Act of 1918 special districts or authorities that are counted as govern- Under the 1912 law, drainage districts are established by ments. These are discussed in detail below. county ordinance after voter petition, public hearing, and approval by the fiscal court. The county board of drainage Ambulance Service Districts commissioners with one elected director per district is the These districts may be formed by a single city or county or governing body for all districts in the county formed under two or more cities or counties or cities within those coun- the 1912 law. In counties with 75 or more drainage dis- ties. Districts are established by county or city ordinance tricts, a five-member board of supervisors is elected by tax- of each member city and county after voter petition and payers within each of five supervisor districts designated approval by the fiscal court or city legislative body. As an by the county judge. These districts may levy assessments alternative, these districts may be established by ordi- and issue bonds. nance without petition. Each ambulance service district is Under the 1918 law, drainage, levee, and reclamation governed by a board of directors representing the coun- districts are established by county ordinance after voter ties and cities served; the number of directors selected by petition, public hearing, and approval by the fiscal court. An the governing body of each county or city is determined elected board of drainage commissioners governs each dis- by statute. The district may levy ad valorem taxes and set trict. The districts may levy assessments and issue bonds. service charges. Kentucky laws also provide for drainage corporations, listed Breaks Interstate Park Commission under “Subordinate Agencies and Areas” below. This commission is counted under “Virginia—Special District Governments.” East Kentucky Corporation This corporation was created by the legislature to promote Conservation Districts development in the eastern part of the state. It is governed These districts may be formed by the state soil and water by a board of directors including three members appointed conservation commission upon petition of landowners by the Governor, one member appointed by each area in the area of the proposed district and after public hear- development district in the region; the chief executives, ing and referendum of property owners. A board of seven or their designees, appointed by the various participat- supervisors governs each district. The initial board includes ing cities and counties in the region; and public members three supervisors appointed by the state soil and water con- appointed by the aforementioned members. The corpora- servation commission and four elected supervisors; their tion may fix rentals and fees, and issue revenue bonds. successors are elected. The districts may require contribu- tions from landowners for services rendered. A district may Emergency Service Boards request operating funds from the fiscal court through the These boards are authorized in single counties which have levy of a millage tax or from the county’s general funds. a county-wide fire protection district and an interlocal agreement to provide fire service to the largest city in the Watershed conservancy districts may be formed as subdis- county. Multicounty boards are authorized where at least tricts of a conservation district upon petition, hearing, and one county meets the requirements for a single county referendum. Subject to the approval of the conservation board. The boards replace existing fire protection, ambu- district board, the elected board of directors of these water- lance, and rescue squad districts. The boards are created shed conservancy districts may levy ad valorem taxes and by action of the fiscal courts of the participating counties. special assessments and issue bonds. They are not counted The board of directors is appointed by the county judge/ as separate governments for Census Bureau purposes. executive(s) with the approval of the fiscal court(s). The Agricultural districts for the preservation of farm land also boards may levy ad valorem taxes and collect fees. Upon may be created. These districts are governed by the con- dissolution, the fire protection, ambulance, or rescue squad servation district supervisors in an ex officio capacity and districts replaced resume existence. are thus classified as dependent activities of the conser- Once an emergency services board assumes control over vation district. They are not counted as separate govern- fire, ambulance, or emergency squad districts, a fiscal ments for Census Bureau purposes. court, or fiscal courts through an interlocal agreement, may Drainage Districts opt to provide the emergency services either directly or through an agency of the county government with services Kentucky law provides for the organization of any of the supported by a dedicated county ad valorem tax. Boards following types of drainage districts that are counted as operating as part of a county government are not counted governments for Census Bureau purposes:
Governments—Individual State Descriptions Kentucky 109 as separate governments. See “Subordinate Agencies and authorities—are counted as special district governments. Areas” below. Housing authorities may be established by resolution of the respective city or county governing bodies. The respective Fire Protection Districts city or county governing bodies also appoint the housing Kentucky law provides for the organization of two types authority commissioners. These housing authorities may of fire protection districts—fire protection or volunteer issue bonds, and establish and collect rentals and charges. fire department districts—which are established by county Municipal housing authorities are not counted as separate ordinance upon petition of voters and following public governments. See “Subordinate Agencies and Areas” below. hearing and approval by the fiscal court. Both types of districts are governed by boards of trustees consisting of Joint Sewer Agencies three members appointed by the county judge/executive Joint sewer agencies to provide sewer and drainage facilities or mayor in a consolidated government and four members may be formed under legislation enacted either in 1998 or in elected. District boards may levy ad valorem taxes. Both 2002. Agencies generally have the powers of a metropolitan types of districts also may provide ambulance services. sewer district except when specified otherwise. Fire protection subdistricts may be created within the area Under the 1998 legislation, a city of the second to sixth of an existing fire district upon petition of landowners class and the county in which it is located or the city and a to the fiscal court. Subdistricts are governed by the fire sanitation district, by enacting identical agreements, may protection district board, ex officio, and are not counted as establish a joint sewer agency. The legislative body of any separate governments. third to sixth class city may, subsequent to agency forma- For fire protection districts established by and governed by tion, by ordinance, elect to be within the jurisdiction of the water district boards, see “Water Districts” below. joint sewer agency. The governing body is determined in the joint agreement. Joint sewer agencies may fix and col- Flood Control Districts lect rates and charges, and may issue revenue bonds.
Flood control districts are created by the state secretary for Under the 2002 legislation, as an alternative to creating a environmental and public protection upon petition of land- metropolitan sewer district, any city of the second class owners. The board of directors is appointed by the county and the county within which it is located, may by enact- judges/executives of counties in the district and the mayor ment of identical ordinances establish a joint sewer agency. of any first-, second-, or third-class city within the district. Any city of the third to sixth class within the county may The number of directors representing each member county subsequently, by ordinance, elect to be within the jurisdic- or city is specified by statute. These districts may levy an tion of the joint agency. The establishing ordinance deter- annual ad valorem tax and may issue bonds. mines the governing body. Rates and charges for services are established by the legislative body of the city and the Hospital Districts fiscal court of the county. Agencies may issue revenue Hospital districts may be created for one county or for two bonds. Any city of the second to sixth class and the county or more counties by the secretary of the cabinet for health in which it is located may also authorize revenue bonds. and family services following petition by voters to the fis- The Paducah-McCracken County Joint Sewer Agency was cal court(s) of all counties in the proposed district, public established under this legislation. hearing, approval by the fiscal court(s), and ordinance of each fiscal court. When there is one county participating, Joint Water Commissions the district board is appointed by the county judge(s)/ Joint water commissions may be formed by two or more executive(s) with approval of the fiscal court(s). When there cities to provide an adequate supply of water; two or more are two or more counties participating, the district board water districts; or any combination of cities, water districts, consists of persons from each county represented as speci- water associations, and federal agencies. Commissions are fied by statute. In circumstances where the full comple- created by order of the county judge/executive following ment of five board members has not been satisfied by resolution or ordinance of each participant. The commis- statutory appointments, the remaining board members are sion is composed of members appointed by the participat- elected by the sitting board members from candidates rec- ing entities. The commission may fix and collect fees, and ommended by the secretary. Hospital district boards may may issue revenue bonds. issue revenue bonds, fix and collect charges for services, and levy ad valorem taxes. Land Bank Authorities
Housing Authorities These authorities to acquire tax delinquent property to pro- vide housing and industries within a county, are created by Three of the four types of housing authorities authorized an interlocal agreement between any city, county, or local in Kentucky—county, regional, and city-county housing school district, and the state. The authority governing body
110 Kentucky Governments—Individual State Descriptions consists of one member appointed by each participating Public Library Districts government, one member appointed by the superintendent Under the 1960 and 1964 laws, public library districts of schools of the county school district or of the indepen- may be created by one or more counties by county ordi- dent school district, and one member appointed by the nance after voter petition and approval by the fiscal court. Governor. The authorities may fix rentals. The governing body is a board of trustees chosen by the Levee Districts county judge/executive with the approval of the fiscal court from recommendations by the state department for These districts are authorized in counties with less than libraries and archives. The districts may issue bonds and 200,000 population. The districts are established by levy ad valorem taxes. county ordinance after voter petition and approval by the fiscal court. In addition, multicounty levee districts may Under a 1944 law, regional libraries may be established by be formed. The governing body, a board of levee commis- contract by two or more adjacent counties on the initiative sioners, is appointed by the county judge/executive. The of the governing bodies or following voter petition and district board may issue bonds and levy ad valorem taxes referendum. A board of trustees appointed by joint action and assessments. of the county boards of member counties governs each dis- trict. Their fiscal needs are met by county appropriations; Louisville-Jefferson County Air Pollution the amount to be contributed by each member county is in Control District proportion to the assessed valuation of the county. This district was established under general law with special Single-county and single-city public libraries created under application to counties containing a first- or second-class the 1944 laws are not counted as separate governments city. The seven-member district board is appointed by the for Census Bureau purposes. Public libraries established mayor of the metro government. The district may certify prior to June 13, 1944, are considered as operating under each year the amount of ad valorem tax revenue it needs. the authority of the 1944 law. See “Subordinate Agencies and Areas” below. Other air pollution control districts in Kentucky are gov- erned by the county governing body ex officio and are Regional Park Authorities not counted as separate governments. See “Subordinate Agencies and Areas” below. These authorities are created by the fiscal courts of two or more counties or by voter petition and majority vote in Metropolitan Sewer Districts each participating county. The authorities are governed by a board of directors consisting of three citizens from each Metropolitan sewer districts may be established by city participating county appointed by the fiscal courts. Each ordinance to provide joint sewerage services in any county fiscal court chooses from a list of candidates provided by containing a first- or second-class city. Except in counties the cities within the county and by the county planning containing a consolidated local government and no first- commission if one exists. The authorities may levy taxes class city, a seven-member board governs each district; with voter approval and issue bonds. four members are appointed by the city mayor and three by the county judge/executive. In counties having a city of Rescue Squad Districts the first class, the city mayor appoints four members and the county judge/executive appoints four members to an These districts are created by ordinance of the fiscal court eight-member board. The district may fix and collect rates in one or more counties following voter petition, public for sewer services, and may issue revenue bonds. Capital hearing, and approval of the fiscal court. The board of improvements may be financed through the issuance of directors is appointed by the county judge/executive, the bonds with front-footage assessments or other assess- mayor of an urban-county, or the chief executive of another ment method or tax by the municipality or county, subject government of each participating county. All appointments to public hearings and ordinance. The Louisville-Jefferson require the approval of the legislative body of the jurisdic- County Metropolitan Sewer District, created under this leg- tion. The districts may levy ad valorem taxes. islation, serves a consolidated local government with the only city of the first class in the state. The eight-member Riverport Authorities board is appointed by the mayor. Authorities for the purpose of establishing, maintaining, and operating riverport and river navigation facilities and Construction subdistricts established by metropolitan for acquiring and developing property to attract river- sewer districts are dependent activities of the parent dis- oriented industry may be created by one or more cities trict and are not counted as separate governments.
Governments—Individual State Descriptions Kentucky 111 or counties with the approval of the state transportation may, with voter approval, levy ad valorem taxes for the cabinet. Authority members are appointed by the creating benefit of the authority. The Transit Authority of Northern governments. The authorities may issue revenue bonds Kentucky (serving Boone, Campbell, and Kenton Counties) and may fix and collect fees. The participating govern- and the Fulton City-Fulton County Transit Authority were ments may appropriate funds or levy taxes for the benefit established under this law. of the authorities. Transit authorities serving only one county or city are Road Districts not counted as separate governments. See “Subordinate Agencies and Areas” below. Two types of road districts for the improvement and main- tenance of roads not designated as being either county or Urban Service Districts state roads may be created. A general law of 1960 provides for the establishment of Public road districts may be established by county these districts by the fiscal court, after petition of the ordinance in cities of the third or fourth class or in cit- voters, for any of the following purposes: police and fire ies of the sixth class in counties containing cities of the protection; construction and maintenance of streets, alleys, first or second classes or in unincorporated areas in and walks; library services; garbage and trash collec- counties containing cities of the first, second, third or tion and disposal; street lighting and cleaning; parks and fourth classes for the improvement and maintenance playgrounds; and sewer, drainage, and sewage treatment of public roads following voter petition, public hear- services and facilities. A council elected by the voters gov- ing, and approval of the fiscal court. A board of direc- erns each district. The district may fix and collect fees for tors appointed by the county judge/executive with the services, and may levy assessments. approval of the fiscal court governs each district. The district may issue bonds and levy special assessments Water Districts against abutting property owners. These districts may acquire, maintain, and operate water Subdivision road districts may be established by county facilities and sewage disposal systems. Except in coun- ordinance for the improvement and maintenance of ties with cities of the first class, these districts also may public roads in residential subdivisions located in unin- acquire and operate gas distribution systems if the primary corporated areas of counties following voter petition, supply is within the district or county. After the Public public hearing, and approval of the fiscal court. A seven- Service Commission of Kentucky finds a need, a district is member board of trustees is comprised of four mem- established by ordinance of the fiscal court after petition bers elected by the residents of the district and three of landowners, public hearing, and approval by the fiscal appointed by the county judge with approval of the fiscal court. The county judge/executive appoints a board of com- court. Districts may levy an ad valorem tax. missioners for each district. The district board may issue bonds, levy benefit assessments, and fix and collect fees. Solid Waste Management Districts The districts may establish fire protection districts cotermi- nous with the establishing district and administered by the Districts of this type are established by one or more water district board. For fire protection districts governed counties by county ordinance after voter petition, public by a separate board, see “Fire Protection Districts” above. hearing, and approval by the fiscal court. The composition of the board of directors is determined by the fiscal court: SUBORDINATE AGENCIES AND AREAS 1) the district board may consist of the county judge/ executive of each county in the district plus the mayor of Shown below are various governmental designations in the most populous city in each of these counties or 2) the Kentucky that have certain characteristics of governmental district board may be appointed by the county judge/ units but that are classified in Census Bureau statistics as executive subject to confirmation by the respective fiscal subordinate agencies of the state or local governments and court. Solid waste management districts may fix and col- are not counted as separate governments. Legal provisions lect fees, levy ad valorem taxes, and issue bonds. Districts for some of the larger of these are discussed below (see established prior to June 17, 1978, may be named “gar- “Public School Systems” above regarding educational agen- bage and refuse districts.” cies of this nature). Joint sewer agencies (county or municipal)—These Transit Authorities agencies that provide sewer and drainage facilities are Transit authorities encompassing two or more counties or established jointly by ordinance of the governing body cities may be established by joint resolution of the partici- of a second- to sixth-class city and the governing body pating governments. A board appointed by the participat- of the county within which the city is located or by a ing governments governs each authority. Transit authori- second- to sixth-class city and a sanitation district. The ties may set fares and other charges and issue bonds. In agency is administered either as a separate entity or by a addition, the governments served by a transit authority jointly appointed administrator, joint board, or one of the 112 Kentucky Governments—Individual State Descriptions merging entities, as set out in the ordinance creating the Urban renewal and community development agen- joint agency. Agency revenues are from rates, rentals, and cies and local development authorities (municipal or charges fixed by the city and county governing bodies act- county)—These agencies and authorities may be created ing jointly. Bond issues require the approval of the city and by resolution of the governing body of a county or munici- county governing bodies. pality. Board members are appointed by the chief executive officer of the city or the county judge/executive with the Kentucky Housing Corporation (state)—This agency approval of the city or county governing body. Revenues was created to provide mortgage credit for low- and mod- include taxes levied by communities within the area of erate-income housing. The corporation is governed by a operation and the proceeds of bonds issued by these com- 13-member board of directors consisting of eight members munities, appropriations from the sponsoring government, appointed by the Governor, plus the Lieutenant Governor, and tax increments. These agencies and authorities may the secretary of finance and administration, the commis- issue revenue bonds. sioner of the Governor’s office for local development, the attorney general, and the secretary of the cabinet for Other examples include: economic development. The corporation may fix and collect State1 fees in connection with its loans, and issue revenue bonds. Agriculture Water Quality Authority Municipal housing authorities (municipal)—Cities of all classes may create a housing authority. The author- Appalachian/Kentucky Artisans Gateway Center Authority ity board consists of the mayor of the city, plus members Area development districts appointed by the mayor with the approval of the city gov- Bluegrass State Skills Corporation erning body. The sponsoring city government may issue Covered wooden bridge authorities bonds for housing projects payable solely from housing authority income. The authority may charge rentals for Early Childhood Development Authority use of facilities and accept financial and other aid from the Eastern Kentucky Exposition Center Corporation federal and municipal governments and other public agen- Enterprise Zone Authority of Kentucky cies (see “Special District Governments” above for county, Governmental Services Center Authority city-county, and regional housing authorities). Kentucky Agricultural Finance Corporation Nonprofit corporations financing public facilities Kentucky Agriculture Resources Development Authority (county, municipal, school district, special district)— Kentucky Asset/Liability Commission A number of nonprofit corporations have been established in Kentucky to finance public facilities. Such corporations Kentucky Assistive Technology Loan Corporation may be established by any county, city, school district, or Kentucky Authority for Educational Television other political subdivision. The governing body is com- Kentucky Center for the Arts Corporation prised of public officials of the establishing governmental Kentucky Council on Postsecondary Education agency as ex officio members or of individuals appointed by the governmental agency or public officials of the Kentucky Economic Development Finance Authority governmental agency. These corporations may negotiate Kentucky Economic Development Partnership lease-rental agreements with the establishing government Kentucky Educational Savings Plan Trust and may issue revenue bonds. Kentucky Employers’ Mutual Insurance Authority State Properties and Building Commission (state)— Kentucky Grain Insurance Corporation This commission was created by act of the legislature for Kentucky Health and Geriatric Authority the purpose of issuing debt to finance development of state and local government public facilities, including assis- Kentucky Health Care Improvement Authority tance to school districts in financing public school building Kentucky Higher Education Assistance Authority projects, and for industrial development projects. In addi- Kentucky Higher Education Student Loan Corporation tion, the commission must approve any debt issued for the Kentucky Horse Park Commission state or any of its agencies by or on behalf of the Kentucky Economic Development Finance Authority and any bonds Kentucky Horse Racing Authority for some economic development purposes. Commission Kentucky Infrastructure Authority members are the Governor, the Lieutenant Governor, the Kentucky Local Correctional Facilities Construction Authority attorney general, the secretary of the cabinet for economic Kentucky Lottery Corporation development, and the secretary of the finance and adminis- Kentucky Nature Preserves Commission tration cabinet. The commission may charge rentals for its facilities and issue revenue bonds. Kentucky Public Transportation Infrastructure Authority
Governments—Individual State Descriptions Kentucky 113 Kentucky River Authority Municipal
Kentucky School Facilities Construction Commission Air boards or airport authorities (city) Kentucky Sports Authority Industrial development authorities Kentucky Tobacco Settlement Trust Corporation Joint park and recreation boards (joint city) Kentucky Tourism Development Finance Authority Lexington-Fayette Urban County Health Board Kentucky Turnpike Authority Louisville-Jefferson County Board of Health including Kentucky Wood Products Competitiveness Corporation Family Health Center, Inc. clinics Mining and Minerals Trust Fund Louisville-Jefferson County Regional Airport Authority Northern Kentucky Convention Center Corporation (formerly Louisville-Jefferson County Air Board) Purchase of Agricultural Conservation Easement Management districts (first-class cities and urban counties) Corporation (PACE) Management districts (cities of the second through Stream Restoration and Mitigation Authorities sixth class) Mental health and mental retardation taxing districts County2 Motor vehicle parking authorities (single city and urban Air boards or airport authorities (county) county) Air pollution control districts Public libraries (cities of the first class) Buildings commissions Public libraries (cities of the second through sixth class) Community improvement districts (in counties containing Service districts in urban counties cities of the first, second, third, or fourth class) Tourism and convention commissions (municipal) Cooperative extension service districts (sometimes called Transit authorities (single city) “extension districts”) County health boards Joint city-county District health boards Air boards or airport authorities (joint city-county) Drainage corporations City-county health departments (county with second- Emergency service boards class city) Independent district health departments Industrial development authorities Industrial development authorities Joint park and recreation boards (joint city-county) Mental health and mental retardation taxing districts Motor vehicle parking authorities (joint county-city) Neighborhood improvement districts Tourism and convention commissions (joint county-city) Public health taxing districts Kentucky laws also provide for various types of local areas Public libraries (single county) for election purposes and administration of justice. Regional jail authorities 1 Legislation requirements for the Churchill Downs Authority were never met in order for it to exist. Sanitation districts 2 Legislation authorizing bridge commissions was repealed Sewer construction districts in 2009. Surface water drainage districts Tourism and convention commissions (county) Transit authorities (single county)
114 Kentucky Governments—Individual State Descriptions Louisiana
Louisiana ranks forty-third among the states in number of • The Recovery School District was created to take over local governments with 529 active as of June 30, 2012. failing schools. It is administered by a superintendent appointed by the Louisiana Board of Elementary and PARISH GOVERNMENTS (60) Secondary Education, and is funded by the state of In Louisiana, the county governments are legally desig- Louisiana. nated “parish” governments. The entire area of the state is Other Educational Activities2 encompassed by parish government except for the consoli- dated parish-municipal governments of East Baton Rouge, The Northeast Louisiana Sales Tax District was established Lafayette, Orleans, and Terrebonne.1 The parish governing by special act to provide additional funds for school dis- body is called the police jury except in parishes that adopt a tricts and parish purposes by means of a district-wide sales home-rule charter where it is known as the parish council. tax not to exceed one percent. It is governed by a board of commissioners composed of the president of the Monroe SUBPARISH GENERAL PURPOSE GOVERNMENTS city school board and the presidents of the parish school (304) boards of Caldwell, Catahoula, Concordia, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Municipal Governments (304) Richland, Tensas, Union, and West Carroll parishes. The Municipal governments in Louisiana are the cities (munici- district is not counted as a separate government. palities having 5,000 inhabitants or more), towns (munici- The Lafourche Parish Special Education District 1 was cre- palities having 1,001 to 4,999 inhabitants), and villages ated by special act in 1976. It manages an education and (municipalities having 1,000 or fewer inhabitants). The training institution for mentally retarded, disabled, and Baton Rouge, Lafayette, New Orleans, and Terrebonne other health-impaired children and adults. The district has parish-municipal consolidated governments are counted as the power to levy property taxes and issue bonds. The municipal governments. Minimum population for incorpo- district is governed by a board of commissioners. Three ration is 201. Municipal governments may adopt a home- commissioners are appointed by the Lafourche Parish rule charter. Council and four are appointed by the Lafourche Parish Township Governments (0) School Board. For Census Bureau purposes, this district is not counted as a separate government, but classified as a Louisiana has no township governments. dependent activity of the parish school district.
PUBLIC SCHOOL SYSTEMS (70) Louisiana statutes also authorize parish school boards to establish various kinds of subordinate areas or bodies for School District Governments (69) local school administration: junior college districts, school The following types of school districts in Louisiana are districts within parishes, school subdistricts, and consoli- counted as separate governments for Census Bureau dated school districts. These are not counted as separate purposes: governments.
• Parish school districts Educational facilities improvement districts are created by act of state legislature within school districts. Each is gov- • City school districts erned by a board of directors appointed by the respective school board. The districts may levy a sales and use tax An elected school board administers each school dis- with voter approval and may issue revenue bonds. These trict. The city school districts of Baker, Bogalusa, Central, districts are dependent on the controlling school district Monroe, and Zachary were each established by special act and are not counted as separate governments. and constitutional amendment. Both the parish and city school districts may, upon voter approval, levy taxes and Public school districts may create public benefit corpora- issue bonds. tions to construct or improve school properties. These corporations may issue revenue bonds. These corporations Dependent Public School Systems (1) are not counted as separate governments. Systems dependent on the state government (1):
Governments—Individual State Descriptions Louisiana 115 Special school districts operate schools for exceptional chil- of commissioners consists of 13 members; one member is dren. The districts are created by act of the state legisla- appointed by the governor from the district at large and 12 ture. The districts are governed by the governing authority members are appointed by the governor following nomina- of the state department of education. Revenues are from tions by members of the legislature serving that portion state appropriations and payments from local school sys- of each parish within the district. The board may levy ad tems. The special school districts are classified as depen- valorem taxes with voter approval and may issue bonds. dent activities of the state and are not counted as separate governments. Arena Authorities and Districts (special acts) The Beauregard Parish Covered Arena Authority was cre- SPECIAL DISTRICT GOVERNMENTS (96) ated by special act. The authority is governed by a board Louisiana statutes authorize the creation of a variety of consisting of the president of the police jury of Beauregard special districts or authorities that are counted as govern- Parish and four members appointed by the legislative del- ments. These are discussed in detail below. egation representing the parish. The authority may fix and collect service charges. Abbeville Film and Visitors Commission District The Vernon Parish Arena District was created by special act in 1999. The authority is governed by a board consisting of This district was created by special act to provide eco- the president of the police jury of Vernon Parish, president of nomic development to the city of Abbeville. The commis- the West Louisiana Forestry Board, two members appointed sion is appointed by the mayor with confirmation by the by the local Lions’ Club, and one member appointed by the governing body of the city. The district may levy a hotel parish’s legislative delegation representing the parish. The occupancy tax. authority may fix and collect service charges.
Airport Authorities (special acts) Bayou Lafourche Fresh Water District The Chennault International Airport Authority was estab- This district was established by special act to provide fresh lished by joint agreement pursuant to 1986 legislation. water in portions of Ascension, Assumption, and Lafourche The authority is governed by a board of commissioners, of parishes. It is governed by a board that is appointed by the whom two are appointed by Calcasieu Parish, two by the governor. The district may fix charges for water, levy prop- city of Lake Charles, two by the parish school board, and erty and special taxes, and issue bonds with the approval one member is appointed by a majority vote of the other of the voters. six appointed members. The authority may receive revenue from the sale or lease of its facilities and may, upon voter Bi-State Corridor Commission approval, levy ad valorem taxes, and issue bonds. This commission was created by 1991 legislation to The Southeast Regional Airport Authority was created by spe- finance the construction of a highway between Red River, cial act in 2008 to serve Jefferson, Orleans, and St. Charles Bienville, Sabine, and Webster parishes in Louisiana and parishes. The authority is governed by a board of commis- Columbia County in Arkansas. The commission consists of sioners appointed by the chief executive officers of the representatives of the cities and parishes served plus one parishes and by the Governor. The authority may fix rates, member appointed by each of the Louisiana and Arkansas rentals, and other charges, and may issue revenue bonds. highway departments. With voter approval, the commission may fix and collect user fees and taxes, except ad valorem Algiers Park Commission taxes. The state may issue revenue bonds for the authority. This commission was created by special act for the fif- Cameron Parish Water and Wastewater Board teenth ward of Orleans Parish. The commission consists of for District Number 1 seven members. Each of the two state representatives for the ward appoints one member; each of the two state sena- This board was created by act of state legislature. The tors for the ward appoints one member; the city council of board consists of seven members appointed by the police New Orleans appoints one member; the mayor appoints jury of Cameron Parish. The board may set fees, issue one member; and the parish assessor appoints one mem- bonds, levy special assessments, and with voter approval, ber. The commission may set leases and concession fees. levy an ad valorem tax.
Amite River Basin Drainage and Water Capital Area Groundwater Conservation Conservation District District This district was created by special act to facilitate flood This district was authorized by special act to provide for control and water resources development in the Amite development of groundwater resources in the parishes River area (Ascension, East Baton Rouge, East Feliciana, or consolidated governments of East Baton Rouge, East Livingston, St. Helena, and St. James parishes). The board Feliciana, Pointe Coupee, West Baton Rouge, and West 116 Louisiana Governments—Individual State Descriptions Feliciana. It is governed by a board of 15 commissioners • England Economic and Industrial Development appointed by the Governor from panels submitted by vari- District ous public and private agencies. The district may fix user • Esler Industrial Development District charges. • Gentilly Taxing District Central Louisiana Regional Infrastructure • Grant Parish Economic and Industrial Development Beltway Commission District This commission was authorized by special act to con- • Hammond Area Economic and Industrial struct a transportation and utility corridor to serve the Development District parishes of Grant and Rapides. The commission consists of • Lake Charles North Redevelopment Authority local and state officials, ex officio, and one representative • LaSalle Economic Development District appointed by the Central Louisiana Chamber of Commerce. • Morehouse Economic Development District The commission may set tolls and other charges, and may • New Iberia Redevelopment Authority issue revenue bonds. • Olla, Urania, Tullos, Standard Economic and Industrial Community Center Authorities and Districts Development District (special acts) • Opelousas Downtown Development District The Acadia Community Center District was created by • Pollock Economic and Industrial Development District special act to build and operate a community center. The • St. Landry Parish Economic and Industrial district is governed by a ten-member board of commis- Development District sioners appointed by the parish. The district may levy ad • St. Tammany Parish Development District valorem taxes and issue bonds with voter approval. The district also may fix and collect service charges. • Tangipahoa Parish Economic Development District • Tensas Economic and Industrial Development District The West Calcasieu Parish Community Center Authority was created by special act to build and operate a rodeo arena, • Terrebonne Economic Development Authority sports complex, or community center. The district is gov- • Winn Parish Economic Development District erned by a seven-member board. The governing authorities Similar provisions apply to each of these districts. Each is of the City of Sulphur, City of Westlake, City of DeQuincy, governed by a board of commissioners. All of the boards and Town of Vinton each appoint one member. The govern- represent local governments and also may represent the ing authority of Calcasieu Parish appoints three members. state or private interests in accordance with the provisions The authority may fix and collect service charges. of specific authorizing legislation. The districts may impose East Baton Rouge Recreation and Park rentals and charges for use of their facilities. All districts Commission also have one or more of the following revenue powers: the power to levy ad valorem taxes with voter approval, The East Baton Rouge Recreation and Park Commission was the power to levy sales and use taxes with voter approval, created by special act. The nine-member board of com- the power to issue revenue bonds, or the power to issue missioners includes the mayor-president, a member of the general obligation bonds with voter approval. school board, a member of the planning commission, and six members appointed by the metropolitan council. The Expressway Authorities and Commissions commission may levy property taxes and issue bonds with The Lafayette Metropolitan Expressway Commission voter approval. was created by special act. The commission consists of Economic Development Districts (special acts) 11 members: two appointed by the Lafayette Economic Development Authority; two by the Greater Lafayette These districts have been authorized by state acts to Chamber of Commerce; two by the University of Louisiana- encourage economic development: Lafayette; one by the city/parish president of the Lafayette • Avoyelles Parish Economic Development District consolidated government; two by the secretary of the state department of transportation and development; one by the • Berwick Development District chief executive officer of the incorporated areas of the par- • Concordia Economic and Industrial Development ish other than the city of Lafayette; and one by the govern- District ing authority of the Lafayette consolidated government. • East Baton Rouge Redevelopment Authority The district may set fees and issue bonds.
• East Carroll Economic and Industrial Development The Ouachita Expressway Authority was created by special District act. The board of commissioners consists of two mem- bers appointed by the Ouachita Parish Police Jury; two by
Governments—Individual State Descriptions Louisiana 117 local chambers of commerce; one by the Ouachita Council Similar provisions apply to each of these districts. Each is of Governments; one by the United States representative governed by a board of commissioners appointed by state from the fifth congressional district; and three by the state and local officials representing the courts in the area served. government plus six state senators and representatives The districts may assess fines on offenders, and upon voter serving ex officio. The authority may set fees and tolls and approval, may levy ad valorem taxes and issue bonds. may issue revenue bonds. LaSalle-Grant Solid Waste Disposal District Fire Protection Districts (special acts) This district was established by 1990 legislation to provide Two fire protection districts were created by special acts of solid waste collection and disposal services in Grant and the state legislature. The Ward One Fire Protection District LaSalle parishes. A board of commissioners consisting of Number 2 of Ville Platte and the St. Mary Ward Four Fire six members appointed by the police jury of each of the Protection District are each governed by a board appointed two parishes governs the district. The district may, upon by their parish governing authority. The districts may levy voter approval, levy ad valorem taxes and issue bonds. ad valorem taxes with voter approval and issue bonds. Louisiana Delta Authority Grant Parish Recreation Authority This authority was dissolved as of June 2011. A 2009 special act created this authority. The authority is governed by a commission appointed by the governing Louisiana Energy and Power Authority body of Grant Parish. The authority may set ad valorem This authority was established to provide electric power taxes with the approval of the voters and the parish gov- as needed across the entire state. Individual municipalities erning body. The authority may set sales and use taxes may elect to participate. The governing board consists of with voter approval. The authority also may set fees and one representative from each participating municipality. charges and may issue bonds. The authority may fix and collect rents and fees for use of electric power and energy, services, facilities, and com- Joint Electric Power Generation and modities. The authority may issue bonds. Transmission Facilities Joint electric power generation and transmission facili- Louisiana Local Government Environmental ties serving two or more municipalities are established by Facilities and Community Development agreement among participating municipalities when each Authority passes an ordinance ratifying the agreement. The composi- This authority was established by 1991 legislation to assist tion of the governing body is specified in the agreement local governments in constructing, extending, and repair- establishing the facility. Member municipalities may appro- ing environmental facilities such as sewage treatment and priate funds for the facility and issue bonds on its behalf. solid waste disposal facilities. A board of directors consist- The amount of funds to be appropriated and the bonds to ing of representatives of the participating governments be issued by each participating municipality are specified governs the authority. The authority may fix and collect in the agreement. fees and rentals, enter into cost sharing agreements with Public power authorities serving a single municipality are participating governments, and issue bonds. not counted as separate governments. See “Subordinate Louisiana Municipal Natural Gas Purchasing Agencies and Areas” below. and Distribution Authority Juvenile Justice Districts, Detention Center This authority was established by 1987 legislation and Authorities, and Youth Center Authorities resolutions of participating governments. A board of direc- (special acts) tors consisting of representatives of each participating These districts have been established by special acts to municipality governs the authority. The authority may fix provide facilities for the rehabilitation of juvenile offenders: and collect fees and issue revenue bonds.
• Bossier-Caddo Juvenile Detention Center Authority Natchitoches Historic District Development • Feliciana Juvenile Justice District Commission • Florida Parishes Juvenile Justice District This commission was created by act of the state legisla- • St. James Youth Center Multijurisdictional Commission ture. The commission’s 16 members represent state, local, and private interests. All of the state and local commission • Ware Youth Center Authority (formerly the Northwest members are officials acting ex officio. A portion of a statu- Louisiana Juvenile Detention Center District) tory tax is earmarked for this commission. The commission may issue bonds.
118 Louisiana Governments—Individual State Descriptions Neighborhood Improvement Districts (special Special acts authorized two hospital service districts in St. acts) Tammany Parish. The districts are governed by boards with members appointed by local officials, and for one district, Districts for the purpose of security and other purposes also by members appointed by the district’s legislative have been created by special acts. These districts are delegation. The districts may issue both revenue and gen- governed by boards of commissioners consisting of eral obligation bonds and may set and levy a special tax representatives appointed by local and state officials and subject to voter approval. representatives appointed by or nominated by the local homeowners association. The districts may set fees and Other parish hospital service districts lack autonomy and special ad valorem taxes, with voter approval. The districts are not counted as separate governments. See “Subordinate may be named neighborhood improvement districts, crime Agencies and Areas” below. prevention districts, or security districts. Plaquemines Parish Courthouse District Neighborhood improvement districts created by spe- cial act, but lacking fiscal or administrative autonomy This district was created by an act of state legislature in or created pursuant to general law enacted in 2008, are 1998 to acquire or construct a courthouse or renovate the counted as parish or municipal dependent agencies. See existing courthouse. The district is governed by a board of “Subordinate Agencies and Areas” below. nine commissioners including state and local officials and one member appointed by the parish council. The district New Orleans Planetarium—Science Center may levy property taxes and sales and use taxes with voter Commission approval. The district also may issue bonds secured by tax levies with voter approval. This commission was created by an act of state legislature. The commission consists of nine members appointed by Port, Harbor, and Terminal Districts (special the mayor of the City of New Orleans. Four of the members acts) must be superintendents of public education for four speci- fied parishes. The commission may fix and collect admis- The following districts have been established by special sion fees. acts to operate port facilities: • Abbeville Harbor and Terminal District Northshore Harbor Center District • Alexandria Regional Port Authority This district, formerly known as the East St. Tammany • Caddo-Bossier Parishes Port Commission Events Center District, was established by 1986 legisla- tion to acquire, construct, develop, maintain, and operate • Cane River Waterway District an events center. The district governing body consists of • Grand Isle Port Commission one member appointed by the mayor of the City of Slidell, • Greater Lafourche Port Commission three by the city council of Slidell, one by the board of • Greater Ouachita Port Commission aldermen of the Town of Pearl River, one by the council of the St. Tammany Parish, one by the police jury of the St. • Lake Charles Harbor and Terminal District Tammany Parish, one by the Greater Slidell Area Chamber • Mermentau River Harbor and Terminal District of Commerce, and one by the St. Tammany Parish Tourist • Morgan City Harbor and Terminal District and Convention Commission, plus four members appointed • Natchitoches Parish Port Commission by members of the state legislature. The district may fix and collect fees and rentals for its facilities and services. • Pointe Coupee Port, Harbor, and Terminal District Upon voter approval, it may levy ad valorem taxes and • Port of Iberia District special assessments and may issue bonds. The district also • Port of South Louisiana may levy a tax on hotel and motel rooms and overnight • Red River Parish Port Commission camping facilities. • St. Bernard Port, Harbor, and Terminal District Parish Hospital Service Districts • South Tangipahoa Parish Port Commission General law authorizes parish hospital service districts in • Terrebonne Port Commission parishes meeting certain population requirements. These • Twin Parish Port Commission districts are created by act of state legislature. The districts • Vidalia Port Commission are governed by boards of nine commissioners appointed • Vinton Harbor and Terminal District by the governor, with Senate confirmation, and from nomi- nees by the parish governing authority. The districts may • West Calcasieu Port, Harbor, and Terminal District fix and collect fees. The districts may levy taxes and issue • West Feliciana Parish Port Commission bonds with voter approval. • West St. Mary Parish Port, Harbor, and Terminal District
Governments—Individual State Descriptions Louisiana 119 Similar provisions apply to each of these districts. Each is Red River, Atchafalaya River, and Bayou Boeuf governed by a board of commissioners appointed by the Gravity Drainage District Governor or by local officials according to provisions of This district was created by act of the state legislature. specific authorizing legislation. All of these districts may The district is governed by a board of commissioners. The fix and collect fees for the use of their facilities, levy ad Governor appoints one commissioner and the governing valorem taxes, and issue bonds, except the Port of South authorities of the parishes of Avoyelles and St. Landry each Louisiana which may not levy taxes. appoint two commissioners. The district may levy an acre- A number of districts of this type are not counted as age tax and an ad valorem tax with voter approval. separate governments and are not listed above. For these Other gravity drainage districts are classified as par- districts, title to property used by the districts is vested ish activities and not as separate governments. See specifically in the state or the districts are subject to “Subordinate Agencies and Areas” below. state administrative or fiscal controls. In addition, the Plaquemines Port, Harbor, and Terminal District, which is Regional Transit Authority governed by the parish commission council, is not counted as a separate government. See “Subordinate Agencies and The Regional Transit Authority was established by an act Areas” below. of the state legislature to provide bus and rail transit in the New Orleans metropolitan area. The governing body con- Recreation and Water Conservation Districts sists of three commissioners from each participating parish (special acts) plus two commissioners appointed by the chief executive officer of the parish that generates the most revenue. The These districts were established by special acts to provide authority may set fares, use taxes, and other charges, and conservation for agricultural, recreational, commercial, with voter approval, levy transportation-related taxes. The industrial, and sanitary purposes. authority may issue revenue bonds. Participating local • Bayou Desiard Lake Restoration Commission governments may levy transportation-related taxes for the • Black River Lake Recreation and Water Conservation benefit of the authority. District River Parishes Convention, Tourist, and • Castor Creek Reservoir District Visitors District • Cypress-Black Bayou Recreation and Water This district was created by act of the state legislature. Conservation District The district serves the parishes of St. Charles, St. John the • Kepler Creek Recreation and Water Conservation Baptist, and St. James. The district is governed by a board District of nine commissioners consisting of three members rep- • Lake Bruin Recreation and Water Conservation District resenting each parish. All appointments are subject to the • Lake St. John Recreation and Water Conservation confirmation of the state Senate. The district may levy a District hotel/motel occupancy tax and issue bonds. • Lake St. Joseph Recreation and Water Conservation River Parishes Transit Authority District This authority was authorized by special act to provide • Mill Creek Recreation and Water Conservation District transit service in St. Charles, St. James, and St. John the • Morehouse Lake Commission Baptist parishes. It is governed by a board of commis- • Washington Parish Reservoir District sioners appointed by the police juries of the participating • West Ouachita Reservoir Commission parishes. The authority may fix fares, rentals, charges, and use taxes. The authority may issue revenue bonds. These districts may be governed by a board of commis- sioners appointed by the parish police jury or selected by St. Bernard Parish Arts, Culture, and the Governor, typically from nominees by the police juries Entertainment District and legislators for the participating parishes. With voter This district was authorized by special act. The district is approval, all districts, except the Lincoln Parish Reservoir governed by a board of commissioners with one mem- Authority, may levy ad valorem taxes and issue bonds. The ber each appointed by the Governor, lieutenant governor, Lincoln Parish Reservoir Authority may issue bonds funded president of the parish; the parish council; the St. Bernard by the sale of water. Parish Economic Development Corporation; the local cham- Recreation and water conservation districts (also known ber of commerce; the chancellor of the Nunez Community as reservoir districts) lacking fiscal or administrative College; and the local school board. Specified congressio- autonomy are not counted as separate governments. See nal members also appoint members. The district may set “Subordinate Agencies and Areas” below. taxes and may issue general obligation bonds.
120 Louisiana Governments—Individual State Descriptions St. Landry Road Commissions the parish police jury, governs the district. The district may receive pro rata contributions from member governments, Road districts were created by act of state legislature in and with voter approval, levy a special tax. districts three, four, five, six, and eleven of St. Landry Parish. Each is governed by a board of commissioners Southwest Acadiana Parishes Public Housing appointed by the governing authority of St. Landry Parish. Rehabilitation District These districts may levy sales and ad valorem taxes, and with voter approval, may issue general obligation bonds. This district was created by special act to serve the par- ishes or consolidated governments of Acadia, Lafayette, St. Tammany Parish Events Center District St. Landry, and Vermilion. The district is governed by a 13-member board of commissioners. The presidents of State law created an events center district in St. Tammany the governing authorities of Acadia and Vermilion parishes Parish. A board of commissioners governs the district. The each appoint three members. The governor appoints, with board is appointed by the governing body of each parish Senate confirmation, three members for each of Lafayette city, each town or village, and from nominees from the and St. Landry governing bodies from nominees submitted local chamber of commerce. The governor also appoints by the respective legislative delegations, and the secre- one member with Senate confirmation. These members tary of the Department of Children and Family Services is jointly appoint additional members to represent significant a commissioner on the board. The district may levy and supporters. The district may fix and collect fees and rentals collect taxes; it is permitted to levy any tax that is autho- for facilities and services. With voter approval, the district rized by the state constitution for any of the state’s political may levy ad valorem taxes and special assessments, and subdivisions. The district directs refunds of sales and use issue revenue bonds. taxes to eligible applicants. Solid Waste Disposal Districts (special acts) Teche-Vermilion Fresh Water District The Evangeline Parish Solid Waste Disposal District is gov- This district was established by a 1969 special act to estab- erned by a commission consisting of 13 commissioners; lish, maintain, and protect a fresh water supply in Bayou six are appointed by the governing authority of Evangeline Teche and the Vermillion River. It is governed by a board of Parish and seven are appointed by the mayors of all commissioners composed of one member from each of the municipalities within the parish. The commission may levy parishes in the district appointed by the respective police ad valorem taxes and, with voter approval, issue bonds. juries. The district board may levy ad valorem and special The LaSalle-Grant (parishes) Solid Waste Disposal District taxes and may issue bonds. Tax levies may require voter is governed by a board of commissioners consisting of six approval. members; three appointed by each parish police jury. The district may, upon voter approval, levy ad valorem taxes Vermillion and Iberia Railroad Development and issue bonds. District This district was formed by a special act to acquire, The St. Landry Parish Solid Waste Disposal District was upgrade, and maintain a rail line in Vermillion and Iberia established by law to provide a waste collection and Parishes. It is governed by a board of commissioners con- disposal system for all of St. Landry Parish. The district is sisting of two members appointed by each parish govern- governed by a nine-member board of commissioners. The ing authority, and one member appointed by the Twin district may levy a property tax and issue bonds with voter Parish Port Commission and the University of Louisiana at approval. The district may receive the proceeds of a parish Lafayette. The district may levy an ad valorem tax, with sales tax upon voter approval. voter approval, and issue bonds. The South Central Louisiana Solid Waste District is gov- erned by a board consisting of two members from each Watershed Districts (special acts)3 participating parish; participating municipalities may sub- The following districts have been established by special mit nominees to the parish. The districts may fix and col- act to provide flood control, water conservation, and water lect fees. With the approval of the voters and the governing supply facilities: authorities of the parishes, the district may levy taxes and issue bonds. • Caddo Lake Watershed District • Claiborne Parish Watershed District South St. Landry Community Library District • Franklin Parish Watershed District Created by a special act of the 1990 legislature, the district • Jackson-Bienville Parishes Dugdemona Watershed may acquire, construct, and maintain library equipment and District facilities. A board of seven commissioners, three appointed • Jackson Parish Watershed District by the participating municipalities and four appointed by • Webster Parish Watershed District
Governments—Individual State Descriptions Louisiana 121 Similar provisions apply to each of these districts. Each is drainage districts are governed by the parish council. governed by a board of commissioners appointed by the Drainage districts organized prior to 1921 may issue bonds police juries of the parishes served. The districts may levy and are required to levy an acreage tax or forced contribu- ad valorem taxes and issue bonds, except for the Caddo tion while any bonds are outstanding. Lake Watershed District, which has the power to sell water. Gravity drainage districts are created by the governing The Jackson-Bienville Parishes Dugdemona Watershed authorities of one or more parishes on their own initia- District was not reported in operation as of June 30, 2012. tive or upon landowner petition. These districts may levy West Calcasieu Parish Community Center acreage taxes, ad valorem taxes, or forced contributions Authority and may issue bonds with voter approval. Some drainage districts may levy a sales and use tax, special tax, or parcel This authority was established by 1992 legislation to build, fee with voter approval. Consolidated gravity drainage maintain, and operate a rodeo arena, sports complex, districts may be created by the governing authority of any or community center. A board of seven commissioners parish on its own initiative or upon request of two or more governs the district. One commissioner is appointed by drainage districts within one parish. each of the following: the Town of Vinton; cities of Sulphur, Westlake, and DeQuincy; Calcasieu Parish; state House of Levied and pumped drainage districts are created by the Representatives; and state Senate. The authority may fix governing authorities of one or more parishes on their own and collect fees and rentals for its services and facilities. initiative or upon landowner petition. The approval of the state department of public works is required for formation. SUBORDINATE AGENCIES AND AREAS These districts may levy taxes, including acreage and main- tenance taxes. The district also may issue bonds with voter Shown below are various governmental designations in approval. Drainage districts in Assumption Parish also may Louisiana that have certain characteristics of governmental levy special taxes with voter approval. units but that are classified in Census Bureau statistics as subordinate agencies of the state or local governments and A special act authorizes Jefferson Parish to create drain- are not counted as separate governments. Legal provisions age districts (including consolidated drainage districts and for some of the larger of these are discussed below (see subdistricts). Another special act created the River Oaks “Public School Systems” above, regarding educational agen- Drainage District Number 1 in Ouachita Parish. The respec- cies of this nature). tive parish governing authority governs each district ex officio. The districts may levy taxes and issue bonds; voter Provisions of the 1974 State Constitution substantially approval is required for the districts in Jefferson Parish. reduced the fiscal and administrative autonomy of districts created by parish or municipal governments, leading sev- Subdistricts of drainage districts may be created. They are eral districts to be classified as dependent agencies of par- not counted as separate governments. ish or municipal governments instead of separate entities. The provisions state that the governing authority of a local Fire protection districts (parish or joint parish- government shall have power over any agency to abolish municipal)—These districts are established by resolution the agency and require prior approval of any charge or tax of the parish governing body after a hearing and with a levied or bond issued by the agency. concurring resolution of any municipality included in the district. The governing body of the district may be the Among the subordinate agencies and areas listed below, governing body of the parish ex officio, the parish and some represent “special taxing areas” within the territory of municipal governing bodies may appoint the members, or an established government. This method of financing addi- the state code may specify the nature of a particular board. tional services in limited areas by property taxation, while The districts may levy taxes with voter approval and may also used by some municipal and township governments issue bonds. In certain parishes, districts may collect ser- in a few states, is more widely utilized by county or parish vice charges, which may require voter approval. governments. In the listing below of authorized parish- related agencies, an asterisk (*) appears for each entity of Greater Baton Rouge Port Commission (state)—This this kind—i.e., any that may serve a portion rather than all commission was established by special act to operate port of a parish and for which a tax may be levied against the facilities in the Baton Rouge area. It consists of 15 members assessed value of property in the area served. appointed by and serving at the pleasure of the Governor from names submitted by the legislative delegations for Drainage districts (parish)—Districts of this type pro- the parishes in the port area and the Louisiana Farm Bureau vide drainage for agricultural lands. The districts include Federation. The commission may fix and collect fees and gravity drainage districts, which may be consolidated, and charges for its services and facilities, issue revenue bonds, levied and pumped drainage districts. Drainage districts and with voter approval, levy ad valorem taxes. are governed by a board of commissioners appointed by the parish police jury except in St. Charles Parish where Greater New Orleans Expressway Authority (state)— This authority was established under a general law to build
122 Louisiana Governments—Individual State Descriptions expressways at locations approved by the state depart- directors appointed by the Governor governs the corpora- ment of highways and the Governor. The members of the tion. Funding is derived from the corporation’s operations. authority are appointed by the participating governments Louisiana Housing Corporation (formerly the and by the Governor. The authority may fix and collect tolls Louisiana Housing Finance Agency) (state)—This and issue revenue bonds. corporation provides assistance in the financing of housing Hospital service districts (parish or municipal)— needs of low- and moderate-income families, senior citi- Parish police juries may divide parishes into one or more zens, and persons with disabilities. The corporation is gov- hospital service districts or combine with other parishes to erned by a board of eleven members, including the state form a hospital service district to operate hospital facilities. treasurer, six members appointed by the governor, two Administration is by a board of commissioners appointed members appointed by the president of the Senate, and by the police jury. The districts may charge rates for ser- two members appointed by the speaker of the House of vices. Voter approval is necessary for tax levies and bond Representatives. The agency may collect fees and charges, issues. In districts established in two or more parishes, the and may issue bonds. appointment of commissioners to the board is based on the Louisiana Infrastructure Bank (state)—The law autho- assessed value of property of the district in each parish. rizing this entity was repealed in 2010. Housing authorities (parish or municipal)—Four types Louisiana Stadium and Exposition District (state)— of housing authorities are authorized under Louisiana This district was created by act of state legislature to plan, statutes: construct, maintain, and operate facilities in Orleans and • Municipal housing authorities—Established by reso- Jefferson parishes, including the Superdome, for sport, lution of the municipal governing body with authority athletic, and other public events. The district is governed commissioners appointed by the chief executive officer by a board consisting of 12 ex officio members, including of the municipality. state and local officials, and five members appointed by state and local officials. The district may charge admission • Consolidated housing authorities—Established by fees and charges, levy and collect hotel occupancy taxes, the governing bodies of two or more municipalities and issue revenue bonds. The district also administers the with one authority commissioner appointed by the Louisiana Sports and Entertainment District. chief executive officer of each member municipality. Neighborhood improvement districts (parish or • Parish housing authorities—Established by the municipal)—These districts are authorized by special acts parish governing body with authority commissioners to provide additional security to specified areas. Districts usually appointed by the chief executive officer of the may be created by act of the state legislature or may be parish. created by the parish governing authority. The creating law • Regional housing authorities—Established by the may specify that the district is governed by a board con- governing bodies of two or more parishes with one sisting of private and public representatives, or the autho- authority commissioner appointed by the governing rizing law may permit the parish to determine the nature body of each member parish. and composition of the board or may permit the parish to govern ex officio. The city or parish levies, for the benefit All housing authorities may collect rentals and fees of the district, a tax set by the district and approved by the and issue revenue bonds. The Jefferson Parish Housing voters or imposes parcel fees. The districts may be named Authority may levy an ad valorem tax with the approval of neighborhood improvement districts, crime prevention the voters and the parish council. districts, or security districts.
Levee districts (state)—A number of levee districts have Offshore Terminal Authority (state)—This authority is been created under general law. A board of commissioners under the state department of transportation and devel- appointed by the Governor governs each district. Districts opment. The authority was established to promote, plan, created by special act may have board members appointed finance, develop, and control offshore port terminal facili- by state legislators and public utilities. Each levee district ties within the coastal waters of Louisiana. The authority may levy ad valorem taxes and assessments and issue is governed by a board of 11 commissioners appointed bonds. Some districts may levy sales and use taxes with by the Governor: two are selected from the six deepwater voter approval. These districts also may be known as levee ports, one from each of the five public service commission and drainage districts; coastal area levee districts; or as districts, three selected at large, and one selected from the conservation, drainage, and levee districts. parish from which the terminal is offshore. The authority Louisiana Economic Development and Gaming may fix and collect fees and issue revenue bonds. Corporation (state)—The corporation was created by Port Commission of New Orleans (state)—This com- a special act to develop a controlled gaming industry for mission operates port facilities in New Orleans. It consists the development of the state economy. A board of nine
Governments—Individual State Descriptions Louisiana 123 of seven members appointed by the Governor from nomi- Transportation authorities (state, parish, or munici- nations made by various organizations. The commission pal)—These authorities are created under the Louisiana may fix and collect tolls and charges. Bond issues must be Transportation Development Act. They are created by approved by the Governor. ordinance of any parish or municipality or any combina- tion of contiguous parishes, municipalities, or parishes and Public trusts (state, parish, municipal, or special municipalities. Through public/private partnerships, the district)—Public trusts are established by a legal instru- authorities build major roads and levy tolls to pay for the ment or will, upon approval of the Governor and the legis- roads. The boards are specified in the articles of incorpora- lature (if the state is the beneficiary government) or upon tion but must include at least five directors appointed by approval of the governing body of a parish, municipal, or the creating authorities, the secretary of the state depart- special district government (if a parish, a municipality, or ment of transportation and development, and if applicable, a special district is the beneficiary government). Public the chair of the area’s metropolitan planning organization. trusts are authorized by law to perform diverse func- The authorities may set tolls and issue bonds. tions and may be known by a wide variety of names. The method of selecting the governing body is specified in the Other examples include: legal instrument or will creating the trust; however, if the State4, 5, 6, 7 state is the beneficiary government, the Governor appoints members to the governing body. Agencies of this type may Acadiana Area Human Services District fix fees and charges for use of their properties or services Allen Parish Reservoir District and may issue revenue bonds. If a parish or a municipal- Ascension-St. James Airport and Transportation Authority ity is the beneficiary government, the issue of such bonds requires voter approval. Banking development districts Bayou D’Arbonne Lake Watershed District Sewerage districts (municipal)—These districts may be established upon resolution of the governing authority of Bayou Desiard-Bayou Bartholomew Cut-Off Loop Water the municipality, except in the City of New Orleans. The Conservation Board governing authority of the municipality may govern the Capital Area Human Services District district ex officio or may appoint a board of sewerage com- Coastal Land Stewardship Authority missioners. The districts may issue bonds. The creating Ernest N. Morial-New Orleans Exhibition Hall Authority municipality may levy taxes or parcel fees for the district. (including New Orleans Public Facility Management, Inc.) Municipalities may choose to create the sewerage district or a sewerage subdistrict under a law authorizing special Florida Parishes Human Services Authority assessments and monthly service charges. Some sewerage Fourteenth and Sixteenth Wards Neighborhood District districts may operate under older laws. Historic district and landmark commissions (state) Consolidated sewerage districts may be created within a John K. Kelly Grand Bayou Reservoir District parish from existing parish (see “Sewerage districts outside Judicial enforcement districts municipalities” below) or municipal sewerage districts with Lafayette Parish Law Library Commission the consent of the governing authorities of the municipali- Livingston Parish Museum and Cultural Center ties involved. These districts are governed by the parish police jury ex officio and are dependent agencies of the Louisiana Agricultural Finance Authority parish. In a few parishes, consolidated sewerage districts Louisiana Coastal Protection and Restoration Financing have been created by special act. Corporation
Municipalities with a population of 1,000 persons or fewer Louisiana Correctional Facilities Corporation may, upon petition of property owners, create taxing Louisiana Economic Development Corporation districts for conducting sewerage projects. The completed Louisiana Educational Television Authority sewerage projects become part of the municipal sewerage Louisiana Health Education Authority system. Louisiana Health Plan Sewerage districts outside municipalities (parish)— Louisiana International Deep Water Gulf Transfer Terminal These districts may be established upon resolution of the Authority police jury after hearing. The police jury appoints the district Louisiana Office Building Corporation board of supervisors. The districts may fix and collect fees and may issue revenue bonds upon approval of the parish Louisiana Road Home Corporation governing body. The district board or the creating parish Louisiana State Bond Commission may levy ad valorem taxes or parcel fees for the district. Louisiana Student Financial Assistance Commission
124 Louisiana Governments—Individual State Descriptions Louisiana Tourism Promotion District Parish8
Louisiana Transportation Authority Acadiana Cultural and Entertainment Special District Louisiana Tuition Trust Authority Agricultural arena authorities Louisiana Utilities Restoration Corporation Agricultural industrial boards Louisiana Workers Compensation Corporation *Airport authorities (parish) Metropolitan Human Services District *Airport districts Mississippi River Bridge Authority Ambulance service districts (Allen, Ascension, and Mississippi River Road Commission Jefferson) Monroe and Northeast Louisiana Technology and Business Ambulance service districts (parish) Incubation Center Assessment districts for financing the parish assessor’s New Orleans Center for Creative Arts office New Orleans City Park Improvement Association Beachfront development districts Non-Flood Protection Asset Management Authority Bossier Parish Elderly Services District Northeast Delta Human Services Authority Business improvement districts Parimutuel live racing facility economic redevelopment and Calcasieu Parish community center and playground gaming control assistance districts (special acts) districts Parish health units Calcasieu Parish Gaming Revenue District Parish sales tax districts Calcasieu Parish Interstate Highway Lighting District Port commissions under state administrative or fiscal Calcasieu Parish Law Library Commission control: Capital Area Transit System Avoyelles Parish Port Commission Cemetery districts (special acts) (Grant, LaSalle, Rapides, Columbia Port Commission St. Landry, St. Mary, Sweet Lake-Grand Lake of Cameron East Cameron Port, Harbor, and Terminal District Parish) Greater Krotz Springs Port Commission Coliseum authorities Lake Providence Port Commission Communications districts (911) Madison Parish Port, Harbor, and Terminal District *Community center and playground districts (special acts) West Cameron Port, Harbor, and Terminal District Community development districts (parish) Poverty Point Reservoir District Concordia Parish Tourist Commission Red River Waterway District *Consolidated special service districts (drainage, fire, garbage, gravity drainage, hospital, recreation, sewer- Richland Parish Economic Development Board age, waterworks, and waterworks and sewerage) River Region Cancer Screening and Early Detection District Consolidated waterworks and sewerage districts (parish) Sabine River Authority, State of Louisiana Criminalistics laboratory commissions (special acts) Seventh Ward Neighborhood Development District Drug rehabilitation services districts of the fourth and Soil and water conservation districts twenty-third judicial districts South Central Louisiana Human Services Authority East Florida Parishes Retirement District South Central Regional Transportation Authority East Jefferson Parish Culture and Recreation District Southeast Louisiana Flood Protection Authority-East Bank Economic development districts and authorities Southeast Louisiana Flood Protection Authority-West Bank (special acts) (East Feliciana, Gentilly, Grant, Iberia, Statewide Ambulance Service District Orleans, Southwest Ouachita, Vermilion) Turkey Creek Reservoir District *Economic development districts in local governmental Twelfth and Thirteenth Wards Neighborhood District subdivisions with a population fewer than 200,000 (parish) Twenty-Seventh Judicial District Criminal Justice Commission Environmental protection districts
Governments—Individual State Descriptions Louisiana 125 Evangeline-Ville Platte Recreation District *Road lighting districts Fire ant abatement districts St. Bernard Parish Housing, Redevelopment, and Quality of *Garbage districts Life Commission *Gas utility districts St. Bernard Parish Water and Sewer Commission Grant Parish Recreation Authority St. Landry Parish public works districts Fire and emergency training services districts St. Landry Parish Road District Historic district and landmark commissions (parish) St. Tammany Parish animal control districts Historic preservation districts/historic district commissions St. Tammany Parish Environmental Services Commission Iatt Lake Water Conservation District St. Tammany Parish Recreation and Parks District Iberville Parks and Recreation District St. Tammany Parish Sales Tax District Individual sewerage system districts St. Tammany Parish special recreation districts Industrial development boards (parish) St. Tammany Parish subroad districts Industrial districts Special fire protection districts and subdistricts (parish) *Irrigation districts Special taxing districts (East Feliciana, Jefferson, Lincoln, Livingston, St. Tammany) Jackson Parish Detention Center Commission Tax increment development corporations (parish) Jackson Parish Industrial District Terrebonne Parish Detention Center Jefferson Davis Parish Flyway Byway District Tourist commission (Madison Parish) Jefferson Parish Communication District Tourist commissions/convention and visitors bureaus Jefferson Parish Economic Development and Port District Union Parish Detention Center Jefferson Parish Human Services Authority Vermilion Mosquito Abatement District Jefferson Parish public improvement districts Vermilion Parish Hospital Sales Tax District Number 2 Joint authorities, commissions, and districts for specified public purposes Veterans’ memorial districts Lake Charles Civic Center Authority Waterworks districts (parish) Lake Forest Plaza District West Baton Rouge Museum Board Law enforcement districts Westmoreland Special District Lincoln Parish Detention Center Workforce investment boards Lincoln Parish Geographic Information System District Zachary Taylor Parkway District Livingston Parish Law Enforcement District Municipal9 Local and regional economic development districts (parish) *Airport authorities (municipal) Louisiana’s I-12 Retirement District (formerly the East Alexandria Central Economic Development District Florida Parishes Retirement District) Alexandria Special Economic Development Taxing District *Mosquito abatement districts Alexandria Taxing District Multiparish juvenile detention home districts Ambulance service districts (municipal) Navigation districts Audubon Park Commission New community development corporations Bio District New Orleans Nibletts Bluff Park Commission Bluebonnet Convention Hotel Taxing District Parish library boards of control Broussard Environmental Service and Enhancement District Parish school loan fund committees Business improvement districts Parish water and sewer commissions Capitol House Taxing District Plaquemines Port Harbor and Terminal District Central Business District Historic District Landmarks Playground and recreation boards (parish) Commission Recreation districts Community and Historic Preservation District of the City of Recreational facilities districts Abbeville Redevelopment agencies (parish) Community development districts (municipal) *Road and subroad districts Community improvement agencies (special acts)
126 Louisiana Governments—Individual State Descriptions Covington (City of) public improvement districts Orleans Parish Juvenile Services Financing District Downman Road Economic Development District Orleans Parish Law Enforcement District Downtown development districts (special acts) Ouacita Riverfront Development Commission East Baton Rouge infrastructure development districts Playground and recreation boards (municipal) East Baton Rouge special taxing districts Public power authorities Economic development authority created by two or more Redevelopment agencies (municipal) municipalities in Madison parish (municipal) Sewerage Control Commission of East Baton Rouge French Quarter Management District Sprinkling and sweeping districts Grambling Legends Square Taxing District Sulphur Industrial Development District Greater Baton Rouge Airport District Tacony Restoration District/Authority Greater Baton Rouge Parking Authority Tax increment development corporations (municipal) Greater Baton Rouge Water Conservation District Terrebonne Parish Corrections and Rehabilitation Historic district and landmark commissions (municipality) Commission Historic preservation districts/historic district commissions Transportation Center Authority for the City of New Orleans Industrial development boards (municipal) Vidalia Riverfront Development District Joint authorities and districts for special public purposes Washington Museum and Tourist Commission Joint sales and use tax commissions Washington (Town of) Special District
Kenner Assistance District Joint Parish-Municipal Lafayette Centre Development District Consolidated waterworks and sewerage districts (joint Lafayette Parish Bayou Vermilion District parish-municipal) Lafayette Economic Development Authority Local and regional economic development districts Lake Catherine Sewage and Water District New Orleans Regional Recycling and Resource Recovery Lake Charles (City of) Taxing District Authority Local and regional economic development districts Union Parish Railroad District Lutcher-Gramercy General Improvement District Waterworks districts (joint parish-municipal) Mamou Hospital Service District Louisiana laws also provide for various types of local areas Municipal library boards of control for election purposes and administration of justice. Municipal service districts in Baton Rouge 1 The cities of Baker and Zachary in East Baton Rouge continue to exist as separate governments. Municipal utilities commissions (municipalities of 6,000 to 2 Legislation authorizing the Educational Facilities Trust Fund 7,000 population) District was repealed in 2006. 3 The law authorizing the Jackson Parish Dugdemona Watershed New community development corporations Reservoir Authority was repealed in 2008. New Iberia Commercial Historic District 4 Legislation authorizing the Manchac Parkway Commission was repealed in 2006. New Orleans Aviation Board 5 The laws authorizing the Louisiana Applied Polymer Technol- New Orleans Building Corporation ogy Extension Consortium, Louisiana Recovery Authority, and the Louisiana Major Projects Development Authority were repealed in New Orleans City Park Taxing District 2008. 6 Legislation authorizing the Vermilion Parish Law Library Com- New Orleans Regional Business Park mission, the Louisiana Airport Authority, State Market Commission, New Orleans Economic Development Commission and the Coastal Protection and Wetlands Authority was repealed in 2009. New Orleans Historic District Landmarks Commission 7 The laws authorizing the Iberia Parish Law Library Commis- sion, Louisiana State Building Authority, Millennium Port Author- New Orleans Housing Commission ity, South Central Regional Transportation Authority, and health New Orleans International Airport Sales Tax District service commissions were repealed in 2010. 8 The Calcasieu Parish Gaming Revenue District was reclassified New Orleans International Trade Building Corporation from a special district to a parish dependent agency for the 2012 Census of Governments. New Orleans Redevelopment Authority 9 The French Quarter Management District was reclassified from New Orleans Sewerage and Water Board a state dependent agency to a dependent agency of New Orleans for the 2012 Census of Governments. Opelousas (City of) Special District Orleans Parish Communications District
Governments—Individual State Descriptions Louisiana 127 Maine
Maine ranks thirty-fourth among the states in number of board of selectmen, while the plantation executive body local governments with 840 active as of June 30, 2012. is the board of assessors. Town governments exist in each county in Maine. Under home rule provisions towns may COUNTY GOVERNMENTS (16) draft their own charters. Towns and plantations perform There are no areas in Maine lacking county government. many of the duties elsewhere commonly associated with The county governing body is the board of county com- county governments. missioners. The counties are responsible for only limited Under Maine law, the term “township” refers to tracts of functions in Maine: principally the maintenance of the land within unorganized territory and not to towns, planta- courthouse and county jail, solid waste management, main- tions, or other local governments. tenance of roads, and other services in unorganized terri- tory, and a few police functions. Some counties own and PUBLIC SCHOOL SYSTEMS (241) maintain county airports. School District Governments (99) SUBCOUNTY GENERAL PURPOSE Only the following types of school districts in Maine are GOVERNMENTS (488) counted as separate governments for Census Bureau The 488 subcounty general purpose governments in Maine purposes: consist of 22 municipal (city) governments and 466 town • School administrative districts or plantation governments. These two types of govern- ments are distinguished primarily by the historical circum- • Regional school units stances surrounding their incorporation. In Maine, the city, • Community school districts town, and plantation governments perform most local • Incorporated school districts government services. • Interstate school districts About 40 percent of the area of the state, however, has no • Career and technical education regions city or town government. Gores, Indian reservations, and • Tribal school committees unorganized or unincorporated territories exist outside the areas of cities, towns, and plantations. Most governmental School administrative districts, which serve two or more services in these areas, which are not provided by county participating cities, towns, or plantations, that were estab- governments, are provided by the state. Village corpora- lished prior to June 7, 2007, and have not been reorga- tions are counted as special district governments (see nized into a regional school unit, may continue to function; “Special District Governments” below). however, no new districts may be established. An elected board of directors governs each school administrative Municipal Governments (22) district. The board submits an annual budget, including The term “municipality” as defined for Census Bureau sta- ad valorem tax levies for participating municipalities, for tistics on governments applies only to the cities in Maine. approval to voters. The districts also may issue bonds after Cities are created by special legislation. Under home rule, voter approval. however, cities may draft their own charters on petition The residents of two or more school administrative units of voters and after an election. Towns and plantations, may file with the commissioner of education to reorganize to which the term “municipalities” is generally applied by and consolidate as a regional school unit. The participating Maine statutes, are counted for Census Bureau statistics on school administrative units must hold public meetings and governments as town governments, rather than municipal submit a reorganization plan for voter approval; regional governments. school units must provide kindergarten through grade 12 education and may not serve fewer than 2,500 students, Town or Township Governments (466) with a few exceptions in both cases.1 Each regional school Although not differing in legally authorized powers from unit is governed by a board of directors; the board com- the cities, the towns and plantations in Maine are counted position and manner of selection is determined at a joint as town governments in Census Bureau statistics on meeting of participating areas. District budgets, including governments. The town executive body is known as a ad valorem assessments, must be approved by voters.
128 Maine Governments—Individual State Descriptions Costs are shared among all municipalities and towns within Systems dependent on municipal governments: the regional school unit. Bonds issued for school construc- • City school systems (12) tion require voter approval. Systems dependent on town governments: Community school districts are school administrative units formed, upon voter approval, between two or more partici- • Town school systems (129) pating cities, towns, or plantations, and operate any combi- nation of grades from kindergarten through grade 12. Each Systems dependent on the state government: community school district is governed by a district school • Schools in unorganized territory (1) committee and an elected board of trustees. District school committee members are selected by and from the elected Education in Maine is provided principally through the city school committees of the participating cities, towns, and and town school systems. These systems are classified plantations, except that districts providing kindergarten for Census Bureau purposes as dependent agencies of city and grades 1 through 12, inclusive, must elect the mem- or town governments and are not separate governments. bers. A community school district may elect to authorize Although these school systems are governed by elected the district school committee to perform the functions of school committees, their fiscal needs are provided by the the district board of trustees. The district school commit- city and town governments they serve. tee determines district tax requirements, subject to voter The schools in unorganized territory are operated and approval, to be collected by the participating cities, towns, maintained by the state department of education. and plantations. District budgets must be presented to and approved by voters. The committee may issue bonds. No Two or more school administrative units in existence as new community school districts may be established after of July 1, 2009, may form a regional education coopera- June 7, 2007. tive by entering into a cooperative agreement and filing an application with the commissioner of education. Regional Maine law also provides for incorporated school districts education cooperatives allow member units to share the serving a single city or town. A meeting of the voters responsibilities and costs of functions and services speci- governs the district. Financial provisions for incorporated fied in the creating agreement. A cooperative board con- school districts are similar to those for school administra- sisting of one school member from each participating unit tive districts. governs the cooperative. Participating units share costs in Interstate school districts provide for the construction and accordance with the creating agreement. operation of schools in one or more school districts in both A school administrative unit may enter into a collabora- Maine and New Hampshire. Districts require approval from tive agreement with other school administrative units, and each state board of education and adoption by member whenever possible, with local, county, and state govern- school districts. The districts are governed by an elected ments to share delivery and cost of administrative and board where the composition is determined in the articles instructional functions. The collaborative agreement states of the creating agreement. They may issue bonds, with the terms and cost sharing for participating units. approval, and make special assessments.
Career and technical education regions were established by Other Educational Activities state law with approval of the commissioner of education Two or more school administrative units may form an alter- to provide vocational education. The regions are governed native organizational structure through an interlocal agree- by cooperative boards; the composition and selection ment and approval by the commissioner of education and method of each board is determined by the participating voters. Alternative organizational structures are primarily school boards. The cooperative boards have the power to formed to consolidate administrative services of member issue bonds subject to referendum. The budget of a district units. The participating school administrative units are is subject to public hearing and requires voter approval. recognized as discrete units and these structures are not counted as separate governments. Tribal school committees created by the Passamaquoddy Tribe and the Penobscot Nation are also classified as Maine law provides for school unions, formerly known as independent school district governments. An elected tribal supervisory unions. School unions are composed of school school committee governs each school under the laws administrative units joined for the purpose of providing applicable to school administrative units. joint administrative services, including a joint superin- tendent. These unions are joint educational service agen- Dependent Public School Systems (142) cies of the public school systems they serve and are not Maine statutes provide for the following types of depen- counted as separate governments. dent public school systems:
Governments—Individual State Descriptions Maine 129 Maine law also provides, by special act, for school “dis- Cemetery Districts tricts” to erect and maintain buildings for city and town Cemetery districts are created by special acts, subject to schools. These “districts” are dependent activities of the local referendum, with similar provisions as to their admin- cities or towns they serve and are not counted as separate istration and financing. An elected board governs each governments. district. The districts may sell lots. Career and technical education centers, which provide vocational education to secondary students, are dependent Coastal and Lake Watershed Districts activities of the participating school districts and school Coastal and lake watershed districts may be established systems and are not counted as separate governments. on the initiative of municipal officers in one or more School administrative units that do not maintain any of the municipalities or the county commissioners in unorganized grades from kindergarten through grade 12 may contract territories, or districts may be established upon petition with other schools, both public and private, to educate of voters to municipal officers or county commissioners. their students. Contracts must be filed with the commis- Districts are approved by the state commissioner after a sioner of education and may include additional require- joint meeting and referendum. A board of trustees, elected ments. Contracts with private schools must be approved by participating municipalities and areas, plus one trustee by the commissioner of education. Contracts with private for each participating water district, governs each district. schools require that a joint school committee be formed A district’s budget requires voter approval, after which the to govern the school. This joint committee is composed of district may determine assessments to be paid by partici- an equal number of representatives from the public school pating municipalities and areas as determined in the creat- and the private school. Joint committees are classified as ing meeting. As of June 30, 2012, no districts of this type dependent activities of the administering school units and were reported in operation. are not counted as separate governments. Cobbossee Watershed District SPECIAL DISTRICT GOVERNMENTS (237) A 1971 special act, subject to local referendum, autho- Maine statutes authorize the creation of a variety of special rized the establishment of this district to control the level districts or authorities that are counted as governments. and improve the quality and purity of the water in the These are discussed in detail below. The term “municipal- Cobbossee Stream Watershed. A board of trustees appointed ity,” as used in the following descriptions, refers to cities, by the officials of the participating cities, towns, and water towns, and plantations. districts governs this district. Bond issues must be approved by the voters. The district budget also is subject to voter Airport Authorities approval at an annual district meeting. The cost of financ- ing the district is apportioned to the constituent underlying A general law authorizes one or more municipalities or governments on the basis of their assessed valuation. counties, or combinations of municipalities and counties, to create airport authorities upon referendum and with Hospital Districts approval by the Federal Aviation Administration. This law has no effect on prior special acts that created airport These districts are each authorized by a special act subject authorities. Each authority is governed by a board of direc- to local referendum but have similar powers. An elected tors; the composition of the board and the manner of selec- board administers each district. Hospital districts may col- tion of the directors is specified in the creating charter. The lect charges, determine the amount of taxes to be levied authorities may set and impose fees and may, with voter for their use, and issue bonds. approval, issue revenue and general obligation bonds. Housing Authorities Capital Riverfront Improvement District Housing authorities may be created under state law by This district was authorized by special act and created resolution of a city or town governing body on its own in 1999 upon act of the governing body of the city of initiative or upon voter petition. Each housing authority is Augusta. The district was charged with development of a governed by a board of directors appointed by the creating river front area. The district is governed by a board consist- governing body. These authorities may issue bonds and fix ing of city officials, members appointed by the council of and collect rents from the housing projects. the city of Augusta, state officials, and members appointed by the Governor. The district may set fees, rentals, and other charges and may issue securities.
130 Maine Governments—Individual State Descriptions Kennebec Regional Development Authority Maine-New Hampshire Interstate Bridge Authority This authority was authorized by special act and estab- lished after voter approval in participating cities, towns, This interstate authority is discussed in detail under “New and plantations in Kennebec and Somerset counties. The Hampshire—Special District Governments.” authority is governed by a general assembly consisting of at least one member appointed by the municipal officers of Municipal Electric Districts each of the participating cities, towns, and plantations plus These districts, to provide electric power, may be estab- additional members from areas based on total aggregate lished upon voter petition or upon the initiative of the state valuation. An executive board is selected from among governing bodies of one or more municipalities, after the general assembly members to handle daily functions of voter approval. An elected board of trustees governs each the authority when the assembly is adjourned. The author- district; if the district serves more than one municipal- ity may set taxes and, with voter approval, issue general ity, there are two trustees elected from each participating obligation bonds. municipality. The districts may fix rates and may issue revenue bonds. The issuance of revenue bonds may require Joint Exercise of Powers Boards voter approval. Districts may be formed under this law by Any two public agencies may create an agreement to exer- the Penobscot Nation or the Passamaquoddy Tribe; such cise powers jointly and may create a separate legal entity districts are known as “tribal power districts”. with a governing board to perform the functions. The agreement is filed with the secretary of state. The powers Port Districts and financing of such a board are detailed in the creating Port districts were created by special acts, subject to local agreement. referendum, to provide docking and transportation facili- ties for islands and coastal ports in the state. An elected Lewiston-Auburn Water Pollution Control board of trustees governs each district. Port districts may Authority fix and collect fees and charges for facilities and services, This authority was authorized by a special act in 1967. It set special assessments, and issue bonds. is administered by a board of directors consisting of the director of the Lewiston Department of Public Works, the Refuse Disposal Districts Lewiston City Administrator, the president of the Auburn These districts provide solid waste disposal and resource Sewerage District trustees, the superintendent of the recovery. The districts are established by application of one Auburn Sewerage District, the Auburn City Manager, an or more municipalities, or by a county on behalf of unorga- employee of the City of Auburn designated by the City nized territories, to the state planning office after a public Manager, and an employee of the City of Lewiston des- hearing and referendum. A board of directors, appointed ignated by the City Administrator. The authority board by the participating governments in accordance with determines its fiscal needs and apportions them to the city agreement, governs each district. The districts may fix fees of Lewiston and the Auburn Sewerage District. The author- and charges, issue bonds, and, after voter approval, levy ity may issue bonds. special assessments.
Light and Power Districts Districts of this type that serve only one municipality or unorganized territory are not counted as separate gov- These districts are established by special acts approved by ernments in Census Bureau statistics. See “Subordinate local referendum to acquire and operate power houses and Agencies and Areas” below. sell electric power. An elected board of trustees governs each district. Light and power districts may issue bonds Sanitary Districts or Sewer Districts and fix and collect rates for services. The districts may reorganize as municipal electric districts. Under the Maine Sanitary District Enabling Act, establish- ment of sanitary districts may be initiated by petition of Maine Municipal and Rural Electrification the voters of one or more municipalities or unorganized Cooperative Agency territories and referendum, or may be initiated by the municipal officers. Districts are established after approval This agency was established by 1981 legislation to pro- of the application by the State Board of Environmental vide wholesale electric power. The agency is governed by Protection and after a public hearing and voter approval. a board of directors. Each participating municipality and An elected board of trustees governs each district. Sanitary cooperative appoints a member, the Governor appoints one districts may collect rates and charges, levy benefit assess- member, and the Director of the Governor’s Energy Office ments, and issue bonds. Community sanitary districts serves ex officio. The agency may fix rents, rates, and operate under similar provisions. other charges and may issue revenue bonds.
Governments—Individual State Descriptions Maine 131 Sewer districts may be created by special act. Existing Washington County Emergency Medical sewer districts created by special act may reorganize as Services Authority sanitary districts under the provisions of the Maine Sanitary This authority was created by a 2001 special act. The District Enabling Act. Existing and new sewer districts authority is governed by a board of directors appointed established under special act are required to conform to by the governing bodies of member cities and towns, uniform provisions similar to those for sanitary districts. plus one member appointed by the Washington County Commissioners to represent the unorganized. The author- Soil and Water Conservation Districts ity may set fees. These districts may be formed by the State Department of Agriculture, Food, and Rural Resources upon petition Water and Standard Districts of the occupiers of the land within the proposed district Water and standard districts, which also may provide elec- and after a public hearing and a local referendum. Each tric power, may be established by special acts and refer- district is governed by a board of five supervisors: two are endum. The Standard Water District Enabling Act of 1996 appointed by the commissioner of the State Department recommends conformity in the authorizing legislation for of Agriculture, Food, and Rural Resources and three are water districts formed after January 1, 2007. Each district elected. The districts may require contributions from land- is governed by a board of trustees that may be elected or owners for services. appointed as determined in the creating charter. The dis- tricts may set rates and issue bonds. Voter approval of the Transportation Authorities and Districts level of debt authorization may be required as the result A general law permits two or more municipalities to estab- of voter petition. Bonds of $150,000 or more require voter lish a transit district. Municipalities not in the same geo- approval. Some of the districts may levy special assess- graphic public transportation region must gain approval ments. Several districts of this type are named “utilities from the State Department of Transportation to form a districts” or “water and electric districts.” district. The district governing body is a board of direc- tors appointed by the officials of the member municipali- SUBORDINATE AGENCIES AND AREAS ties; the number of directors depends on the population Shown below are various governmental designations in size of each municipality. The entities may fix fares, issue Maine that have certain characteristics of governmental bonds, and set property taxes. The Greater Portland Transit units but that are classified in Census Bureau statistics as District, which serves the Cities of Portland and Westbrook subordinate agencies of the state or local governments and and the Town of Falmouth, was established under this law are not counted as governments. Legal provisions for some with special provisions. of the larger of these are discussed below (see “Public The Lewiston-Auburn Transportation Authority was estab- School Systems” above regarding educational agencies of lished by a 1959 special act. A board of five trustees this nature). appointed in a manner determined jointly by the two par- Loring Development Authority (state)—This authority ticipating cities governs the authority. It may fix rates and was established by special act to acquire and manage the charges and issue bonds. properties within the geographical boundaries of Loring Air The Casco Bay Island Transit District was authorized by Force Base. A board of trustees governs the authority; 12 a 1981 special act to operate ferry services. A board of members plus one commissioner of a Department of State ten elected directors governs the district plus one direc- Government are appointed by the Governor subject to con- tor appointed by the City of Portland and one director firmation by the Senate. The authority may issue revenue appointed by the Commissioner of the Maine Department bonds after a hearing and subject to the approval of the of Transportation. The district may fix tolls and issue rev- Maine Finance Authority, and set and collect fees, charges, enue bonds. and rents. The treasurer of state may issue state-guaran- teed bonds at the request of the authority with authoriza- Districts serving only one city or town are not counted tion by the legislature and voter approval. The authority as separate governments in Census Bureau statistics. See may establish a port of entry, international airport, foreign “Subordinate Agencies and Areas” below. trade zone, and free port area at its discretion, but requires federal approval. The authority has many municipal powers Village Improvement Corporations such as the power to create special utility districts, provide Village corporations or “village improvement societies” are fire and police protection, and provide public works. established by special legislation for limited special pur- Special utility districts within the geographical boundaries poses within town areas. An elected board of assessors, of Loring Air Force Base (sanitary districts, refuse disposal trustees, or managers governs each corporation. These districts, and water districts) created by the authority are corporations may levy ad valorem taxes and fix charges subsidiaries of the authority. for services.
132 Maine Governments—Individual State Descriptions Maine Municipal Bond Bank Authority (state)—The Maine Governmental Facilities Authority Maine Municipal Bond Bank was created by act of the Maine Health and Higher Educational Facilities Authority legislature to provide adequate capital markets for local Maine Health Data Organization governments in Maine. The bank is governed by a board of five commissioners consisting of the Treasurer of State and Maine Military Authority the Superintendent of Financial Institutions serving ex offi- Maine Port Authority cio plus three commissioners appointed by the Governor. Maine Public Utility Financing Bank The bank may fix fees and charges for its services and Maine Rural Development Authority issue bonds. Maine School of Science and Mathematics Maine State Housing Authority (state)—This authority Maine Technology Institute was established to provide mortgage credit for low- and Midcoast Regional Redevelopment Authority moderate-income housing. The authority is governed by a board of ten members, nine of whom are appointed by the Northern Maine Transmission Corporation Governor, plus the Treasurer of State serving ex officio. The Northern New England Passenger Rail Authority authority may fix fees and charges in connection with its Washington County Development Authority loans and issue revenue bonds. County Maine Turnpike Authority (state)—This authority was established by special act. The authority board of directors Lincoln and Sagadahoc Multicounty Jail Authority consists of six members appointed by the Governor plus Regional county corrections authorities the Commissioner of Transportation. The authority may collect tolls and charges and may issue revenue bonds. Municipal
Urban renewal authorities (city and town)—A general Capital improvement districts law provides that these authorities may be established on City health boards resolution of municipal officials and after local referendum. City parking districts A board of trustees appointed by officials of the sponsoring Conservation commissions municipality governs each agency. These agencies receive Energy commissions revenue from charges and may, after a hearing and with approval of municipal officers, issue revenue bonds. The Municipal development districts sponsoring government may levy taxes and issue bonds on Primary assessing districts its behalf. Refuse disposal districts (single city) The Portland Development Commission and the Bangor Transportation districts (single city) Urban Renewal Authority were established by special Town acts. Each is administered by a board of commissioners appointed by the respective city council. Other provisions Bethel Airport Authority for these two agencies are similar to those provided under Capital improvement districts general law above. Conservation commissions Other examples include: Eastern Slope Regional Airport Authority State2 Energy commissions
Baxter State Park Authority Municipal development districts ConnectME Authority Norridgewock Airport Authority Jobs for Maine’s Graduates Northern Aroostook Regional Airport Authority Maine Children’s Trust Incorporated Primary assessing districts Maine Criminal Justice Academy Town health boards Maine Development Foundation Town of Kittery Port Authority Maine Educational Loan Authority Town parking districts Maine Finance Authority Transportation districts (single town)
Governments—Individual State Descriptions Maine 133 Other
The following are geographical areas outside the area of any town or organized plantation and are not counted as governments: gores, surpluses, islands, and townships.
Maine laws also provide for various types of local areas for election purposes and administration of justice.
1 Units may serve fewer than 2,500 students in cases that can be justified due to geography, demographics, economics, trans- portation, population density, and other unique circumstances. Additionally, units that serve coastal islands and schools operated by tribal school committees do not have the same population requirements. A regional school unit does not have to provide kindergarten through grade 12 education if the unit was created by Public Laws of 2007 and reformulated school administrative districts that previously did not provide kindergarten through grade 12 education. 2 The legislation authorizing the Applied Technology Develop- ment Center System Board was repealed in 2012.
134 Maine Governments—Individual State Descriptions Maryland
Maryland ranks forty-fifth among the states in number of Dependent Public School Systems (39) local governments with 347 active as of June 30, 2012. In Maryland, the local public school systems are not counted COUNTY GOVERNMENTS (23) as separate governments. Maryland statutes provide for the following types of dependent public school systems: The entire state is encompassed by county government, with the exception of the area of the city of Baltimore. Systems dependent on county governments (38): Baltimore City is an independent city outside the area of • County boards of education any county and is counted as a municipal government, • County and regional community colleges rather than a county government. Baltimore County is a county government, but excludes the area of Baltimore System dependent on municipal governments (1): City. A number of counties operate under home-rule char- ters. These counties are governed by county councils. • Baltimore City schools
In counties without home-rule charters, the county govern- County schools are administered by a county board of edu- ing body is known as the board of county commissioners. cation, which is either appointed by the Governor or elected. In addition, some counties operate under a special code County school fiscal requirements are determined and option, but their governing bodies are still designated as provided for by the county governing body. The county boards of county commissioners. school systems are classified for Census Bureau purposes as dependent agencies of the county government. SUBCOUNTY GENERAL PURPOSE GOVERNMENTS (157) Baltimore City schools are governed by a board of commis- sioners jointly appointed by the Governor and the Mayor. Municipal Governments (157) Fiscal requirements are subject to review and are provided The municipal governments in Maryland are the cities, for by the city of Baltimore. The Baltimore City School towns, and villages. There are no significant differences System is not counted as a separate government, but is clas- between city and town governments that would affect their sified as a dependent agency of the city of Baltimore. classification for Census Bureau statistics. All municipal Most community colleges in Maryland are classified for governments in Maryland, except the city of Baltimore, are Census Bureau reporting as dependent on the county treated as a single class in state legislation. Incorporation governments for which they serve. Community col- as a municipality requires a minimum population of 300. leges are governed by a board of trustees appointed by Municipalities may operate under home-rule. the Governor, either with consent of the Senate or on Some “villages” in Montgomery County have been formed the recommendation of the Maryland Higher Education as special taxing units, rather than incorporated as Commission. Fiscal requirements of the colleges are deter- municipal governments. These are counted as special mined and provided for by the sponsoring county govern- district governments, rather than as municipal govern- ments. In the case of regional community colleges, which ments for Census Bureau purposes. See “Special District serve two or more counties, each participating county Governments” below. provides its share of the fiscal requirements of the college in proportion to enrollment. Township Governments (0) Other Educational Activities Maryland has no township governments. County boards of education may enter into agreements PUBLIC SCHOOL SYSTEMS (39) with other county boards of education, other educational institutions or agencies, or the county boards of commis- School District Governments (0) sioners or county councils to provide joint services. If a Maryland has no independent school district governments. separate administrative entity is created, the agreement specifies the nature of the board and the funding arrange- ments. As of June 30, 2012, no joint agreements under this provision exist.
Governments—Individual State Descriptions Maryland 135 SPECIAL DISTRICT GOVERNMENTS (167) Metropolitan Washington Airports Authority Maryland statutes authorize the creation of a variety of This authority is counted under “Virginia—Special District special districts or authorities that are counted as govern- Governments.” ments. These are discussed in detail below. Northeast Maryland Waste Disposal Authority Cooperative Library Corporations This authority was created by special act to provide These entities may be formed as nonstock corporations resource recovery facilities. The authority board consists by two or more county boards of library trustees. They of one member representing each member county and are governed as specified in their articles of incorpora- Baltimore City who are appointed by the Governor from tion. They may collect user fees and receive state and local lists approved by the chief executive officers of the coun- funding. ties submitting the lists. The director of the Maryland Environmental Service also serves on the board. The Drainage Districts and Ditches authority may fix and collect fees and rentals, and issue Maryland statutes authorize the following types of indepen- revenue bonds. dent districts to provide for drainage of agricultural lands: Potomac Highlands Airport Authority Drainage or levee districts—Drainage or levee districts may be established by the board of county This authority is counted under “West Virginia—Special commissioners on petition of landowners. A board of District Governments.” drainage commissioners is appointed by the county Public Watershed Associations commissioners. The board may issue bonds and levy special benefit assessments. As of June 30, 2012, no These associations provide water conservation, drainage, drainage districts appear to have been established under flood control, and soil conservation. The county governing this law. body or the Mayor and City Council of Baltimore City may establish these associations upon petition of land owners Public Drainage Associations—These associations and after public hearing. An elected board of directors gov- may be organized by the board of county commission- erns each association. The board may issue bonds and may ers upon petition of the landowners after a public hear- levy assessments on benefited land. ing. An elected board of managers governs each asso- ciation. Public drainage associations may levy special Sanitary Commissions benefit taxes and issue bonds. These commissions were reclassified as county dependent Storm drainage districts—These districts may be as of July 2010. established by local law in charter and code home-rule counties. Financial provisions governing storm drainage Soil Conservation Districts districts vary according to terms of the local legislation. These districts are created by the state soil conservation Tax ditches (drainage)—Legislation authorizing these committee upon petition of the land occupiers after a pub- districts was repealed in 1941. Tax ditches in operation lic hearing and local referendum. A board of supervisors, in 1941 are permitted to continue. Drainage ditches with four members appointed by the state soil conserva- were established by the boards of county commission- tion committee and one appointed by the county govern- ers on petition of landowners and after a public hearing. ing body, governs each district. The districts may require Elected boards of managers govern the ditches. Tax contributions from landowners for services performed, and ditches may levy special benefit taxes. establish and implement a fee system.
Housing Authorities Special Tax Districts Housing authorities may be established in counties or in The following special tax districts are counted as special cities upon resolution or ordinance of the governing body. districts. The services they provide are specified in the cre- They are governed by boards of commissioners appointed ating legislation and may include services such as streets, by the highest elected official or as specified in legislation lighting, parking, water supply, sanitation, drainage, recre- for individual county housing authorities. The authorities ational facilities, police, or fire. may issue bonds, and fix and collect rentals. In Allegany County: Housing authorities governed by the county governing The Bel Air Special Taxing Area, Bowling Green and body or subject to county fiscal controls are not counted Robert’s Place Special Taxing Area, Corriganville Special as separate governments. See “Subordinate Agencies and Taxing District, Crespatown Special Taxing District, Areas” below. Ellerslie Special Taxing Area, McCoole Special Taxing
136 Maryland Governments—Individual State Descriptions District, Moscow Special Taxing District, Mount Savage Water and Sewer Authorities Special Tax Area, and Potomac Park Addition Taxing These authorities were reclassified as county dependent as District are counted as special districts in Census Bureau of July 2010. statistics. All but the Corriganville Special Taxing District and the Moscow Special Taxing District were created by SUBORDINATE AGENCIES AND AREAS state law and local referendum prior to the passage of code home-rule in Allegany County. The governing bodies Shown below are various governmental designations in are elected. The county levies a property tax on behalf of Maryland that have certain characteristics of governmen- the districts. The Crespatown Special Taxing District may tal units, but are classified in Census Bureau statistics as issue bonds. subordinate agencies of the state or local governments and are not counted as separate governments. Legal provisions In Montgomery County: for some of the larger of these are discussed below (see The Friendship Heights and “The Hills” Special Tax “Public School Systems” above, regarding educational agen- District, Oakmont Special Tax District, and Village of cies of this nature). Drummond Special Taxing Area are counted as special Some subordinate agencies and areas represent “special districts in Census Bureau statistics. These districts taxing areas” within the territory of an established govern- were created by state law prior to the passage of charter ment other than those listed under “Special Tax Districts” home-rule in Montgomery County. The governing boards above. This method of financing additional services in lim- are elected. The statutes set a minimum tax for the ited areas by property taxation, while also used by some county to levy on behalf of each district. The governing municipal and township governments in a few states, is boards may levy special assessments with the approval more widely utilized by county governments. In the listing of the county. The Oakmont Special Tax District and below of authorized county-related agencies, an asterisk Village of Drummond Special Taxing Area may issue (*) appears for each entity of this kind—i.e., any that may bonds. individually serve a portion, rather than all of a county, and Five former special taxing districts of this nature that were for which a tax may be levied against the assessed value of created by the general assembly have become municipal property in the area served. corporations. Maryland Health and Higher Educational Facilities For special tax districts in these counties and other coun- Authority (state)—An act of the state legislature created ties that are not counted as separate governments, see this authority to finance the construction of buildings for “Subordinate Agencies and Areas” below. hospitals and institutions of higher education. The author- ity is governed by a board of nine members including eight Upper Potomac River Commission members appointed by the Governor, plus the state trea- surer ex officio. The authority may fix and collect fees and This commission was established by special act to reduce rents; make loans to participating hospitals or institutions pollution in the Potomac River by providing facilities of higher education; and issue revenue bonds. for the treatment and disposal of sewage and industrial wastes. The commission consists of three members: a Maryland-National Capital Park and Planning chair appointed by the Governor and one member each Commission (joint county)—This commission provides appointed by the county commissioners of Allegany and park and recreational facilities plus planning services in Garrett Counties. The commission may issue revenue Montgomery and Prince George’s Counties. It was cre- bonds, and fix and collect fees for facilities related to pollu- ated by special act. The governing body consists of ten tion control. members, five appointed by the Montgomery County council with the consent of the county executive and five Washington County Free Library appointed by the Prince George’s County executive with the consent of the county council. Revenue needs are met This library was formed under a special act to provide by county tax levies. In addition, the commission may library services to the residents of Washington County. It issue bonds. The commission also acts as governing body is governed by a board of nine trustees. The library may for the Maryland-Washington Metropolitan District and the obtain revenue through donations, sales, investments, and Maryland Washington Regional District. These two districts state and local appropriations. are not counted as separate governments.
Washington Metropolitan Area Transit Maryland Transportation Authority (state)—This Authority authority was created by 1970 legislation to finance, This authority is counted under “District of Columbia— operate, and maintain all state toll highways, bridges, and Special District Governments.” tunnels, and finance other transportation-related facilities
Governments—Individual State Descriptions Maryland 137 by revenue bonds. Authority members are the secretary County library boards of the department of transportation plus six members Crofton Special Community Benefit District (Anne Arundel appointed by the Governor with the consent of the Senate. County) The authority may impose rates and charges for its facili- Crystal Beach Manor Special Taxing District (Cecil County) ties and issue revenue bonds. Electric lighting districts Other examples include: *Erosion districts State1, 2, 3 Garrett County Memorial Hospital
Auxiliary and Academic Facilities Bond Authority Historic districts Canal Place Preservation and Development Authority Housing authorities governed by county governing body or under county fiscal control Chesapeake Bay Trust Howard County Economic Development Authority Forest conservancy districts *Howard County fire districts Historic St. Mary’s City Commission Howard County Mental Health Authority Maryland Affordable Housing Trust Industrial development authorities (county) Maryland Agricultural Land Preservation Foundation *LaVale Fire Taxing Area (Allegany County) Maryland Agricultural and Resource-Based Industry Development Corporation *LaVale Rescue Taxing Area (Allegany County) Maryland Clean Energy Center Maryland-Potomac Water Authority (joint state-county) Maryland Deposit Insurance Fund Corporation Montgomery County development districts Maryland Economic Development Corporation Montgomery County Fire Tax District Maryland Environmental Service Montgomery County Recreation District Maryland Food Center Authority Montgomery County Revenue Authority Maryland Heritage Areas Authority Montgomery County Suburban District Maryland Historical Trust Noise abatement districts (Montgomery County) Maryland Industrial Development Financing Authority Octoraro Lakes Special Taxing District (Cecil County) Maryland Port Commission (including Maryland Port Parking authorities (Montgomery and Prince Georges Administration) Counties) Maryland-Potomac Water Authority (joint state-county) *Parking lot districts in Montgomery County Maryland Small Business Development Financing Authority Prince George’s County Redevelopment Authority Maryland Stadium Authority Prince Georges County Revenue Authority Maryland Venture Capital Trust St. Mary’s County Building Authority Commission Maryland Technology Development Corporation St. Mary’s County Metropolitan Commission Seafood Marketing and Aquaculture Development Program *St. Mary’s County Special Tax District (fire) Southern Maryland Higher Education Center Sanitary (or “metropolitan”) districts governed by county governing body State Tobacco Authority *Shore erosion control districts County4 Special community benefit districts Allegany County Transit Authority Special improvement districts (Prince George’s County)
Anne Arundel County Recreational Facilities Revenue *Special taxing areas for public transportation Authority *Special taxing districts Baltimore County Metropolitan District *Special taxing districts in charter home-rule counties Baltimore County Revenue Authority Urban district corporations (Montgomery County) Baltimore County revitalization districts *Urban districts (Montgomery County) Battery Park tax area (Montgomery County) Washington County Museum of Fine Arts Bedford Road Fire Taxing Area (Allegany County) Washington Suburban Transit District Bowling Green Fire Taxing Area (Allegany County) Water and/or sewer authorities Calvert County Economic Development Authority Waterways improvement districts Commercial district management authorities Wicomico Urban Services Commission 138 Maryland Governments—Individual State Descriptions Municipal Urban renewal agencies (special acts)
Baltimore City Downtown Commercial District Management Urban renewal authorities for slum clearance Authority Water and/or sewer authorities Baltimore City Child First Special Authority Waterways improvement districts
Baltimore Civic Center Authority Maryland laws also provide for various types of local areas Baltimore Community Development Finance Corporation for election purposes and administration of justice.
Community benefits districts (Baltimore City) 1 Legislation authorizing the Maryland Health Care Foundation was modified, so it is now a trust fund and no longer included in Drainage districts (Takoma Park) this publication. Enoch Pratt Free Library (Baltimore) 2 Legislation authorizing the Maryland Higher Education Supple- mental Loan Authority was repealed in 2003. Historic districts 3 Legislation authorizing the State Tobacco Authority was Industrial development authorities (municipal) repealed in 2009. 4 Washington Suburban Sanitary Commission is classified under Lexington Market Authority (Baltimore) county sanitary districts. Parking authorities (Baltimore) Special taxing districts created by municipalities in home-rule counties
Governments—Individual State Descriptions Maryland 139 Massachusetts
Massachusetts ranks thirty-third among the states in number SUBCOUNTY GENERAL PURPOSE of local governments with 857 active as of June 30, 2012. GOVERNMENTS (351) The subcounty general purpose governments in COUNTY GOVERNMENTS (5) Massachusetts consist of municipal (city) governments Massachusetts has five county areas with governments and town governments. These two types of governments that are counted as county governments for Census Bureau are distinguished primarily by the historical circumstances statistics on governments. These are Barnstable, Bristol, surrounding their incorporation. In Massachusetts, city Dukes, Norfolk, and Plymouth counties. For all county gov- and town governments have similar powers and perform ernments, except Barnstable County, the governing body similar functions. is called the board of county commissioners. Barnstable County operates as the Cape Cod Regional Government Municipal Governments (53) under a home rule charter; it is governed by a board of The entire area of the state is covered by cities and regional commissioners. The other county governments towns. The term “municipality,” as defined for Census have the option to choose a home rule charter. Bureau statistics on governments, applies only to cities in County governments perform limited functions including Massachusetts. Towns, which are treated as municipalities provisions of jails and other correctional institutions, record- in Massachusetts statutes, are counted for Census Bureau ing of deeds, and provisions of courthouses. The county purposes as towns rather than municipal governments. See may also maintain agricultural schools (see “Public School “Town or Township Governments” below. Systems” below) and hospitals. Barnstable County may per- Cities are established by special acts of the general court. form additional functions under its home rule charter. The minimum population requirement for incorporation as Suffolk County encompasses an area larger than the city of a city is 12,000. Cities may adopt home rule charters or Boston, but it is substantially consolidated with that city one of several standard charters. Cities may be governed for governmental purposes. The combined city and county by a council or board of aldermen, and may or may not government is counted as a municipal government, rather have a mayor, a city manager, or both. than a county government in Census Bureau reporting on governments. The cities of Chelsea and Revere and the Town or Township Governments (298) town of Winthrop are counted as separate governments The entire area of the state is encompassed by town gov- within the area of Suffolk County in Census Bureau statis- ernments except for areas located within the boundaries of tics on governments. cities. Although not differing in legally authorized powers The area and the governing body of Nantucket County are from cities, units in Massachusetts designated as “towns” identical with those of the town of Nantucket; the town are counted in Census Bureau statistics on governments as selectmen serve as county commissioners. Nantucket is a separate type of government. The town executive body is counted as a town government, rather than as a county known as a board of selectmen. Most towns have either an government for Census Bureau purposes. open town meeting or a representative town meeting form of government. Massachusetts towns may adopt home rule The remainder of the state consists of county areas with no charters. county government. County-type functions in these areas are provided by the state. These areas continue to serve as PUBLIC SCHOOL SYSTEMS (327) political districts for election purposes. School District Governments (84) In the county areas with no county government, some of Only the following types of school districts in the county governments have been officially abolished. Massachusetts are counted as separate governments for The cities and towns in the abolished counties may jointly Census Bureau purposes: charter a regional council of governments. These councils are counted as special districts rather than county govern- • Regional school districts (also known as “academic ments. See “Special District Governments” below. regional school districts”) • Regional vocational-technical school districts • Independent vocational-technical schools
140 Massachusetts Governments—Individual State Descriptions Each of these types of school districts is created by elec- Other Educational Activities tion. The type of governing body is determined at the elec- In Massachusetts, the superintendency unions or districts tion creating the district. These districts may issue bonds (for the joint employment of superintendents) are classified and determine their fiscal needs, which are provided by the as joint educational service agencies of the public school participating towns. systems for which they serve and are not counted as sepa- Dependent Public School Systems (243) rate governments for Census Bureau purposes. Massachusetts statutes provide for the following types of Educational collaboratives in Massachusetts may be formed dependent public school systems: by agreement between any two or more public school sys- tems to provide vocational or special education. A board Systems dependent on county governments: of directors appointed by the participating school systems governs each collaborative. The collaboratives may receive • County agricultural schools (2) contributions from participating public school systems and Systems dependent on municipal governments: may accept state and federal grants.
• City school systems (53) SPECIAL DISTRICT GOVERNMENTS (417) Systems dependent on town governments: Massachusetts statutes authorize the creation of a variety • Town school systems (187) of special districts or authorities that are counted as sepa- rate governments in Census Bureau statistics. These are Systems dependent on state government: discussed in detail below. • Independent agricultural and technical schools (1) Burncoat Pond Watershed District County agricultural schools are governed by boards of This district was created by a 1998 special act and land- trustees consisting of the board of county commissioners owner referendum. The district is governed by a manage- in an ex officio capacity, plus other members appointed ment committee consisting of three elected members; one by the governor. The schools are financed through county selectman, serving ex officio, from each of the towns of appropriations. Bristol and Norfolk counties are the only Spencer and Leicester; and one member appointed by the counties that operate schools of this type. County agricul- Massachusetts Audubon Society for as long as the society tural schools are classified for Census Bureau purposes as owns property in the district. The district may issue bonds. dependent agencies of county governments and are not The property owners set assessments that are collected by counted as separate governments. the district. The city school systems and town school systems each have an elected school committee to administer the Central Massachusetts Economic Development Authority schools; however, their fiscal requirements are determined and provided for by the respective city and town govern- The Central Massachusetts Economic Development ments. City and town public school systems are classified Authority is inactive and is no longer recognized as a spe- for Census Bureau purposes as dependent agencies of city cial district government effective for the 2012 Census of or town governments and are not counted as separate Governments. governments. Conservation Districts The city of Quincy operates the only junior college in Massachusetts established by a city. Quincy College is clas- Conservation districts to provide soil conservation are sified as a dependent agency of the city. See “Subordinate created by the state commission for conservation of soil, Agencies and Areas” below. No junior colleges may be water, and related resources in the division of conservation established after January 1, 1959. services upon petition of landowners and after a hearing. An elected board of five to seven supervisors governs each Independent agricultural and technical schools are high district. The districts may require contributions from ben- schools that operate under the general supervision of the efitted landowners and, with approval of the state commis- state department of education. The schools require state sion, establish fees. approval and are subject to state fiscal control. These schools are counted as dependent agencies of the state Council of Governments and are not counted as separate governments. In county areas where the county government has been abolished, the cities and towns may jointly charter a
Governments—Individual State Descriptions Massachusetts 141 regional council of governments. The charter is binding on of Lee and Tyringham and after a referendum. The district those communities where a majority of voters in the city or is governed by a prudential committee consisting of three town approve it. The councils provide a variety of services elected members, plus one member from each board of including public safety, housing, tourism, health, educa- selectmen of the towns of Lee and Tyringham, serving ex tion, sewer, fire protection, solid waste, and transportation. officio. The board also has nonvoting members represent- The composition and manner of selection of the members ing federal, state, local, and private interests. The district of the council are specified in the charter. The councils may may levy assessments and issue bonds with voter approval. set assessments, with voter approval, and also may set fees. The budgets may require voter approval. Housing Authorities
The Franklin Regional Council of Governments was autho- A general law in Massachusetts provides for the creation of rized by a 1996 special act with similar provisions. housing authorities in cities and towns upon determination of the respective municipal officers. Each authority’s gov- Economic and Industrial Development erning body has five members: one member is appointed Corporations by the state department of housing and community devel- opment, and the other four members are appointed by the These corporations are created by special acts. Each city mayor with approval of the city council (in cities) or corporation serves selected areas in one city or town. The are elected (in towns). The authorities may fix rates, rents, corporations may provide development for commercial, and charges for the use of facilities and issue bonds. An industrial, or research facilities or may provide infrastruc- authority may also include an operating agency known as ture. Each corporation is governed by a board of directors an urban renewal agency. Massachusetts housing authori- appointed by the municipal governing body or the chief ties may undertake redevelopment projects in addition to executive officer of the municipality. Local private agen- providing assisted housing. cies may nominate some board members. The corporations may issue bonds, makes loans, and set fees and rentals. Any combination of cities and towns may form a regional Development plans may require voter approval. The corpo- housing authority under this general law with approval of rations have a variety of names. the respective municipal officers and the state department of housing and community development. A regional hous- Similar corporations created under general law and under ing authority has the same powers as city or town housing special acts requiring plan approval by the creating gov- authorities. ernment are not counted as separate governments for Census Bureau purposes. See “Subordinate Agencies and In addition, regional housing authorities have been created Areas” below. by special acts. The governing boards consist of members appointed by the county commissioners, plus members Fire and/or Water Districts appointed by the state department of housing and commu- Fire and/or water districts have been individually estab- nity development. The authorities have the same powers lished by special acts, subject to local referendum, that as housing authorities created under general law. provide substantially uniform provisions as to their opera- Improvement Districts tion and financing. These districts may provide fire protec- tion, water supply, or both. An elected board of commis- Improvement districts provide street lighting, libraries, sioners or prudential committee governs each district. An sidewalks, and police protection. The districts may be exception is the board of the Dedham-Westwood Water established by vote of the town meeting in towns with at District, which is appointed by the governing bodies of the least 1,000 inhabitants. An elected prudential committee two participating towns. The districts may fix rates and and clerk governs each district. The district may set ad charges and, with voter approval, set taxes. Some districts valorem taxes. also may issue bonds with voter approval. Lynn Water and Sewer Commission Fire districts also may be created under a general law in towns with at least 500 inhabitants by the board of select- This commission was created by a 1982 special act to serve men upon petition and after referendum. The governing the city of Lynn. The commission consists of two members body of each such fire district is an elected prudential com- appointed by the mayor with the approval of the city coun- mittee. Each district may set ad valorem taxes. cil, two members appointed by the city council, plus one city council member selected by the city council. The com- Goose Pond Maintenance District mission may set rates, rentals, fees, and charges and may issue both general obligation and special obligation bonds. This district was created by a 1994 special act for preserva- tion and recreation projects for Goose Pond in the towns
142 Massachusetts Governments—Individual State Descriptions Massachusetts Bay Transportation Authority district. The creating agreement states how refuse facili- ties shall be constructed, maintained, and operated. The The Massachusetts Bay Transportation Authority, previously district committee may issue bonds and apportion district classified as a special district government, has been reclas- costs to member cities and towns. Similar provisions apply sified as a state agency effective for the 2012 Census of to regional refuse disposal districts and solid waste man- Governments. See “Subordinate Agencies and Areas” below. agement districts established by special acts. Massachusetts Municipal Wholesale Electric Regional Transit Authorities Company Specified combinations of cities or towns may establish a This company is a public corporation organized to pro- regional transit authority to provide, operate, and maintain vide and operate facilities for the wholesale generation of transit service, facilities, and equipment. Each authority is electric power. It is governed by a board of 12 members; governed by an administrator appointed by an advisory seven members are elected by member cities and towns board. The advisory board consists of the mayor or the city from among their respective managers of municipal light- manager of each member city and the chair of the board ing and members of their municipal light boards, two of selectmen or town manager of each member town. The board members are appointed by the governor, and three authorities may fix charges, leases, rates, and fares and directors appointed by the towns of Hampden, Ludlow, issue bonds. and Wilbraham. The company may fix charges for the sale of electric power to member cities and towns and may Restoration/Preservation Districts issue bonds. Several districts have been created by special acts for lake Model Water and Sewer Commissions preservation and for recreation projects. The districts are governed by boards elected by property owners, some Under a 1992 law, model water and sewer commissions may include town and state officials. The districts may levy may be created in any city or town with approval of the special assessments and issue bonds. city or town governing body. Upon creation, the existing water or sewer works are transferred to the commission. Road Maintenance Districts Each commission is governed by a board of three members appointed by the municipal governing body. The com- The Sherwood Forest Road Maintenance District, the missions may issue bonds and set fees, rates, and other Sherwood Greens Road Improvement and Maintenance charges. Regional water and sewer district commissions District, and the Becket Woods Road and Maintenance also may be formed under this law by cities, towns, or District were created by special acts followed by a referen- existing water commissions; such creations may be ratified dum of the property owners to repair and maintain desig- by state special acts. nated roads in the town of Becket. Each is governed by a prudential committee elected by the property owners. Each Water and sewer commissions created under a separate may set ad valorem taxes with voter approval. The Becket 1967 general law lack autonomy and are not counted as Woods and Sherwood Greens districts may, with voter separate governments in Census Bureau Statistics. See approval, issue bonds. “Subordinate Agencies and Areas” below. Sewer Districts Regional Public Safety Communications and Dispatch Center for the towns of Cohasset, Sewer districts are individually established by special acts Hingham, Hull, and Norwell to provide sewerage facilities. The special acts provide sub- stantially the same provisions as to their organization and This Center was created by a 2010 special act and after a operation. An elected board of commissioners governs each written agreement by the boards of selectmen of the towns district. The boards may fix charges, set taxes (with voter of Cohasset, Hingham, Hull, and Norwell. The district is approval) and/or benefit assessments, and issue bonds. governed by a board of directors consisting of appointees from the participating towns. The district may borrow The South Essex Sewerage District board, an exception money and accept grants. The district accepts appropria- to the above description, consists of appointed and ex tions from member towns. officio officials of the establishing governments. The MFN Regional Wastewater District is also an exception with Regional Refuse Disposal Districts a board composed of appointed members from the par- ticipating towns of Mansfield, Foxborough, and Norton, General law authorizes cities and towns to establish plus an additional member appointed by the board itself. regional refuse disposal districts through an agreement by These districts determine their own fiscal requirements and the city council or during a town meeting and after referen- apportion the amount to be contributed by each participat- dum. A committee, selected by agreement between mem- ing government. ber cities and towns, governs each regional refuse disposal
Governments—Individual State Descriptions Massachusetts 143 Transportation Areas Woburn Golf and Ski Authority A single city or town, or two or more cities or towns, may, This authority was created by a 1968 special act and a ref- after local referendum and a public hearing, establish erendum to establish and operate golf and ski facilities in a transportation areas for operation of transit systems. A portion of the city of Woburn. A board of directors, consist- board of trustees, appointed by the city councils and town ing of nine members appointed by the mayor of Woburn selectmen, governs each transportation area. The area with the approval of the city council, governs the authority. board of trustees may fix and collect tolls, rates, and fees The authority may fix and collect rates and fees and may and may issue bonds. Participating cities and towns may issue revenue bonds. be assessed for any deficit. SUBORDINATE AGENCIES AND AREAS Upper Cape Regional Water Supply Shown below are various governmental designations in Cooperative Massachusetts that have certain characteristics of govern- This cooperative was authorized by a 2000 special act mental units but that are classified in Census Bureau sta- to provide supplementary water supply. The town of tistics as subordinate agencies of the state or local govern- Falmouth and the water districts of Bourne, Mashpee, and ments and are not counted as separate governments. Legal Sandwich were permitted to create and participate in this provisions for some of the larger of these are discussed cooperative after a referendum. The cooperative is gov- below (see “Public School Systems” above regarding educa- erned by a board of managers consisting of two members tional agencies of this nature). appointed by each participating entity. The cooperative Building authorities (state)—The Massachusetts may set fees, rates, rents and other charges. The coopera- State Colleges Building Authority and the University of tive may, with the approval of two-thirds of the participat- Massachusetts Building Authority were both created by ing entities, issue bonds and levy assessments against the special acts to construct and lease buildings for use by participating entities. state agencies and institutions. Each of these authorities Water Pollution Abatement Districts is governed by a board appointed by the governor. All of these agencies may issue bonds to be financed from fees, General law provides that water pollution abatement dis- charges, and rental income from properties constructed tricts may be established by the state division of water pol- and leased. lution control and with the approval of the water resources commission in one or more cities or towns after a local Massachusetts Convention Center Authority (state)— referendum. Districts are governed by a commission con- This authority was created by a 1982 act of the General sisting of two members selected by the board of selectmen Court to develop convention center facilities in the Boston of each participating town and two members selected by area. The authority is governed by a board of 13 members, the city council of each participating city, with one addi- nine of whom are appointed by the governor and two are tional member appointed if a city or town has a popula- appointed by the mayor of Boston, plus the secretary of tion of more than 20,000 inhabitants, and two additional administration and finance and the collector-treasurer of members appointed if the city or town has a population of the city of Boston, serving ex officio. The authority may fix more than 50,000 inhabitants. These districts may issue rates, fees, and charges and issue revenue bonds. general obligation bonds. District costs are apportioned to Massachusetts Health and Educational Facilities member cities and towns. Some districts of this type are Authority (state)—This authority merged into called “water quality districts” or “sanitary districts.” Similar the Massachusetts Development Finance Authority provisions apply to water pollution control districts autho- effective 2010. rized by special acts. Massachusetts Home Mortgage Finance Agency Whitin Reservoir Water District (state)—This agency was created by a 1974 act of the This district was created by a 2008 special act to provide General Court to provide mortgage credit for low- and protection of water sources in the town of Douglas after a moderate-income housing. The agency board consists of meeting of landowners and a referendum. The district is the nine members of the Massachusetts Housing Finance governed by a management committee elected by prop- Agency, ex officio. The agency may fix fees and charges; erty owners plus one member appointed from the Douglas make mortgage loans; and issue revenue bonds. board of selectmen. The district may set assessments with Massachusetts Housing Finance Agency (state)—This property owner approval and may issue bonds. agency, also known as MassHousing, was created by a 1974 act of the General Court to finance the construction and the rehabilitation of low- and moderate-income housing. The
144 Massachusetts Governments—Individual State Descriptions agency is governed by a board of nine members, seven of Community Economic Development Assistance Corporation whom are appointed by the governor, plus the secretary Government Center Commission of housing and community development and the secretary Health districts of administration and finance, both serving ex officio. The agency may make mortgage loans; fix fees, charges, and Massachusetts Bay Transportation Authority rents; set interest rates; and issue revenue bonds. Massachusetts College Student Loan Authority Massachusetts Commonwealth Zoological Corporation Massachusetts Port Authority (state)—This authority, also known as MassPort, was established by 1956 special Massachusetts Corporation for Educational legislation. Its board consists of seven members appointed Telecommunications by the governor with the consent of the governor’s council. Massachusetts Development Finance Agency The authority may charge tolls, rates, fees, and rentals and (MassDevelopment) may issue revenue bonds. Massachusetts Growth Capital Corporation Massachusetts Turnpike Authority (state)—The legisla- Massachusetts Housing Partnership Fund tion authorizing this authority was repealed effective 2009. Massachusetts Legal Assistance Corporation Massachusetts Water Resources Authority (state)— Massachusetts Life Sciences Center This authority was created in 1985 by act of the General Massachusetts School Building Authority Court to operate the water supply and sewage disposal Massachusetts Technology Development Corporation system in the Boston metropolitan area. A board of 11 directors governs the authority, including two members Massachusetts Technology Park Corporation appointed by the governor, three members appointed Massachusetts Water Pollution Abatement Trust by the mayor of Boston, one member appointed by the Metropolitan air pollution control districts mayor of Quincy, one member appointed by the president Pollution Liability Reinsurance Corporation of Winthrop, and three members selected by an advisory Quinebaug and Shetucket Rivers Valley Heritage District board representing local governments in the area, plus the and Commission secretary of the executive office of environmental affairs serving ex officio. The authority may impose charges, fees, Route 3 North Transportation Improvements Association and rates; may specify the amounts to be assessed by par- South Boston Community Development Foundation ticipating cities and towns; and may issue revenue bonds. Woods Hole, Martha’s Vineyard, and Nantucket Steamship Municipal light boards (city or town)—Any municipal- Authority ity that has established a gas or electric plant may elect a County municipal light board to manage the plant. These boards may set rates. Municipal light boards may consist of three The Cape Vineyard Electric Cooperative or five members either elected or appointed. The creat- Cape Cod Commission ing municipality provides appropriations and tax levies. A municipal light board may exist along with a municipal gas Municipal and electric department. Airport commissions Redevelopment authorities or community develop- Beverly Harbor Management Authority ment authorities (municipal and town)—Any town Boston Water and Sewer Commission or city may establish such an authority once a need is Cambridge Public Health Commission (also known as declared. If there is a local housing authority in the city or Cambridge Health Alliance) town, the local housing authority must give consent before this type of authority may be established. A five-member Conservation commissions board administers each redevelopment authority, with Cultural districts four members either appointed by the mayor or the city Drinking water protection districts manager (in cities) or elected (in towns), plus one member Economic development and industrial corporations—1972 appointed by the state department of housing and com- general law and special acts (special acts requiring plan munity development. Redevelopment authorities may issue approval by the city council) (city) bonds and collect rentals. Geriatric districts Other examples include: Historic districts State1, 2 Hospitals for chronic disease
Commonwealth Corporation Industrial development financing authorities Commonwealth Health Insurance Connector Authority Quincy College
Governments—Individual State Descriptions Massachusetts 145 Park commissioners boards Park commissioners boards Park and recreation commissions (special acts) Park and recreation commissions (special acts) Parking authorities (special acts) Parking commissions and authorities (special acts) Public beach districts Provincetown Pier Corporation Regional health districts Public beach districts Salem and Beverly Water Supply Board Regional health districts Veterans’ service districts Road and sewer commissions Waste disposal facilities financing authorities Rockland Sewer Commission
Town Veterans’ service districts Airport commissions Waste disposal facilities financing authorities Baker Hill Road District Water commissions Belmont Housing Trust, Inc. Wellesley Housing Development Corporation Bourne Recreation Authority West Stockbridge Water and Sewer Commission Cemetery commissioners boards Joint City-Town
Conservation commissions Economic development and industrial corporations—1972 Cultural districts general law and special acts (requiring plan approval by Drinking water protection districts the town selectmen) (joint) Hospitals for chronic diseases Public beach districts Land banks (special acts) Regional health districts Economic development and industrial corporations—1972 Southeastern Regional Planning and Economic general law and special acts (special acts requiring plan Development District approval by the town selectmen) (town) Veterans’ service districts Geriatric Authority of Milford (Countryside Healthcare of Westover Metropolitan Development Corporation Milford) Weymouth-Braintree Regional Recreation and Conservation Groton Country Club Authority District Harvard wastewater management district commission Massachusetts laws also provide for various types of local Historic districts areas for election purposes, administration of justice, and Industrial development financing authorities air pollution control. Industrial sewer districts (special acts) 1 The legislation authorizing the Massachusetts Community Development Finance Corporation was repealed in 2010. Kingston Sewer Commission 2 The legislation authorizing the Massachusetts Industrial Lexington Housing Assistance Board, Inc. Development Authority was repealed in 2010. Marion Open Space Acquisition Commission
146 Massachusetts Governments—Individual State Descriptions Michigan
Michigan ranks twelfth among the states in number of local PUBLIC SCHOOL SYSTEMS (576) governments with 2,875 active as of June 30, 2012. School District Governments (576) COUNTY GOVERNMENTS (83) The following types of school districts in Michigan are There are no areas in Michigan lacking county government. counted as separate governments for Census Bureau The county governing body is called the board of county purposes: commissioners. Most counties operate in accordance with • First class school districts general statutes, although they may also organize under a locally approved charter. • General powers school districts • Local act school districts SUBCOUNTY GENERAL PURPOSE • Community college districts GOVERNMENTS (1,773) A first class school district is one with at least 100,000 The subcounty general purpose governments in Michigan students; local act school districts are created by special consist of municipal (city and village) governments and act of the legislature; and all other school districts are gen- township governments. eral powers school districts. The governing body of a first Municipal Governments (533) class school district or general powers school district is an elected board of education. The school districts may issue Cities are organized as special charter, fourth class, or bonds, some of which require voter approval. Local-act home rule. Only one special charter city remains, Mackinac school districts operate under similar provisions. Island. Existing fourth class cities may adopt a home rule charter or continue to operate under general law. Community college districts may be formed by counties, Unincorporated territory with a population between 750 school districts, or intermediate school districts (see “Other and 2,000 and a density of 500 persons per square mile Education Activities” below). Community college districts may be incorporated as a home rule city. Villages meeting also may be formed upon voter petition. Each district is population requirements may reincorporate as cities. administered by an elected board of trustees. The boards are authorized to levy taxes up to limits approved by the Villages operate under either home rule charters or general voters and, with voter approval, to issue bonds. law. Villages are included within township governments; that is, villagers participate in township affairs and pay township Dependent Public School Systems (0) taxes in addition to having their own village government.1 There are no dependent public school systems in Michigan. Villages are organized primarily to establish local regulatory ordinances and to provide local services such as fire and Other Educational Activities police protection, public works, and utilities. A minimum population of 150 and a density of 100 persons per square Intermediate school districts provide vocational educa- mile are required for incorporation as a home rule village. tion, special education, and other services for participating school districts. Each district is governed by a board com- Township Governments (1,240) posed of one representative of each school district. These districts may levy ad valorem taxes; however, the budgets Township governments encompass the entire state except must be approved by the participating school districts. for areas within the boundaries of cities. Townships of Taxes for certain purposes require voter approval. The 2,000 or more inhabitants may organize as “charter” town- districts are classified as joint educational service agencies ships. Some Michigan statutes apply the term “municipal- of the participating school districts and are not counted as ity” to township governments. separate governments for Census Bureau purposes.
The board of education of a school district having a popu- lation of 10,000 or more may operate community (junior) colleges as an extension of the school services provided by the district.
Governments—Individual State Descriptions Michigan 147 Promise zone authorities may be created by a city, town- legislative bodies. The authority board determines its fis- ship, county, local school district, or intermediate school cal requirements, which are provided by the participating district to promote access to postsecondary education by governments. The participating governments may set and school districts. levy ad valorem taxes, with voter approval, on behalf of the airport authority. The authority may also impose ad SPECIAL DISTRICT GOVERNMENTS (443) valorem taxes and may issue revenue bonds.
Michigan statutes authorize the creation of a variety of Joint airport authorities may be created by resolution of the special districts or authorities that are counted as separate legislative bodies of two or more cities, counties, townships, governments for Census Bureau purposes. These are dis- or villages. The composition and manner of appointment cussed in detail below. of the authority’s governing body are set forth in the creat- ing resolution. An authority may issue bonds, upon voter Agencies Formed Under Intergovernmental approval if so petitioned; levy ad valorem taxes after voter Agreements—1968 Law approval; and determine its financial requirements, which The Urban Cooperation Act of 1967, effective in 1968, are provided by the participating governments. The par- permits two or more governments (county, city, village, ticipating governments may set and levy ad valorem taxes, township, school district, or special district) to jointly exer- with voter approval, on behalf of the airport authorities. cise any power common to them. When such an agreement establishes a separate agency, the agreement specifies the Community Swimming Pool Authorities functions, the method of selecting board members, and the These authorities may be created by resolution of two or method of allocating the agency budget to each participat- more cities, villages, or townships. Each authority is gov- ing government. Agencies formed under this law may fix erned by a board of directors consisting of four members charges and borrow money. appointed by the participating government with the largest population and one member appointed by each of the Agencies Formed Under Intergovernmental other participating governments, plus the superintendent Contracts—1951 Law of the board of education. The authorities may set taxes Two or more municipal corporations, including school and collect fees. The authorities may issue general obliga- districts, special districts, and the like, may exercise jointly tion limited tax bonds, with voter approval, and may issue any power common to them except the provision of public revenue bonds. utilities. Such an intergovernmental contract may create a separate legal entity that may or may not be counted as Cooperative Library Boards a government for Census Bureau purposes. The board of These boards are created by agreement between participat- such a legal entity consists of ex officio representatives of ing public libraries with the approval of the state legisla- the participating governments. The authorized functions tive council. Each board is governed by representatives and powers are set by the intergovernmental agreement. appointed by the member libraries. The boards receive Authorities established under this law may be known by a state appropriations on a per capita basis and may fix and variety of names. collect nonresident borrowing fees. The member libraries In addition, two or more municipal corporations, other are required to fund deficits as specified in the agreement. than counties, in counties with a population of 1 million or more (Wayne and Oakland Counties) may jointly establish County Water, Sewer, and Sewer and Garbage Disposal Systems authorities to select single cable television franchises. The creating agreement establishes the nature of the board and Any two or more adjoining counties may, by action of their delegates the powers. These authorities are counted as county boards of commissioners, establish a joint entity for separate governments for Census Bureau purposes. the administration of county water, sewer, and sewer and garbage disposal systems. The board of such an entity is Airport Authorities composed of members of each county’s boards of county A 1970 general law, with special application to Ingham road commissioners, drain commissioners, and/or public County, provided for the formation of an airport author- works. The amounts to be contributed by each city, town- ity by resolution of the county and any city exceeding ship, or village are determined by contract. The participat- 100,000 in population (Lansing) within its boundaries. ing governments may set and levy property taxes to fulfill Contiguous counties may participate. The airport author- contract obligations. The systems may determine rates, ity board consists of three members appointed by the charges, and assessments. The counties may jointly issue mayor with the advice and consent of the city council; revenue bonds to finance these systems. three members appointed by the Ingham County board of Systems created by a single county are not counted as commissioners; and two members from each other county separate governments for Census Bureau purposes. See comprising the authority appointed by their respective “Subordinate Agencies and Areas” below.
148 Michigan Governments—Individual State Descriptions District Library Boards Joint Hospital Authorities Two or more county, municipal, township, or school These authorities may be created by resolution of the district governments may establish a district library upon legislative bodies of two or more cities, villages, or town- approval of each of the participating governments subject ships with the approval of the voters. Each participating to a backdoor referendum. The composition of the library government appoints members to the governing board; the board is specified in the agreement creating the district number of members is based on the population of the gov- library. Each participating government supports the district ernment. Seven additional members are selected by these library through appropriations or tax levies. Tax levies and appointees. The authorities determine their fiscal needs, general obligation bond issues for library purposes require which are provided by the participating cities, villages, and voter approval. townships. In addition, joint hospital authorities may issue bonds. The participating governments may set and levy ad Emergency Service Authorities valorem taxes on behalf of the authorities; the levies may Any two or more counties, cities, villages, or townships require voter approval. may incorporate an authority to provide emergency ser- Joint Municipal Endeavors vices, including fire protection, ambulance, and police pro- tection, upon approval of the articles of incorporation by These endeavors may be created by resolution of the the governing body of each participating government and, legislative bodies of two or more local governments, upon petition, voter referendum. The method of selecting or one or more local governments and a public agency, the authority governing body is specified in the articles of with approval of the governing bodies of each participat- incorporation. The authorities may set and levy ad valorem ing local government. The participating governments are taxes upon voter approval. Participating governments may authorized to enter into a contract with each other to form set and levy additional ad valorem taxes to support the a joint endeavor to perform or exercise any function, ser- authorities. vice, power, or privilege that they or a public agency could each exercise separately. The composition of the author- Grand Rapids Kent County Convention Arena ity, board, or entity’s governing board created by the joint Authority endeavor is specified in the agreement that created the This authority was created by a special act of the leg- joint endeavor. A joint endeavor may levy a tax of not more islature and a joint resolution of the city and county to than 5 mills on all taxable property in the areas served by acquire, construct, and operate convention centers and the joint endeavor for the purpose of providing revenue to related facilities. The authority is governed by a board the joint endeavor. A joint endeavor may levy a new tax or consisting of two members appointed by the city, two increase an existing tax only if a majority of the electors in appointed by the county, one appointed by the Governor, each local government served by the joint endeavor vote and two appointed by the aforementioned five. The author- to approve the tax. Municipal joint endeavors that lack suf- ity may fix fees and charges and may issue bonds. ficient fiscal or administrative autonomy are classified as subordinate agencies of their respective members and not Huron-Clinton Metropolitan Authority separate governments for Census Bureau purposes.
This authority acquires and develops parks and limited- Mass Transportation Authorities—1963 law access highways in southeastern Michigan. A special act permitted the creation of this authority by referendum Any city with a population not exceeding 300,000 may, by in the designated counties. The authority is governed action of its governing body, incorporate a mass transpor- by a board of commissioners, consisting of one member tation authority to provide transit service. The method of appointed by each of the participating county boards of selecting the authority governing body members is speci- commissioner, and two appointed by the Governor. The fied in the articles of incorporation. Mass transportation authority may set ad valorem taxes, issue revenue bonds, authorities may fix fares and other charges and may issue and collect fees, tolls, and charges. revenue bonds. The authorities may set and levy a property tax with voter approval.
Joint Agencies for Electric Power Authorities governed by the city governing body ex officio These agencies may be created to generate and distribute are not counted as separate governments for Census Bureau electric power by resolution of the legislative bodies of two purposes. See “Subordinate Agencies and Areas” below. or more counties, cities, villages, townships, or metropoli- tan districts. The governing body is a board of commis- Metropolitan Councils sioners composed of representatives of the participating These councils provide public improvements and services, governments. An agency may set rents, rates, and fees and including water supply, sewerage, solid waste collection issue revenue bonds. and disposal, parks and recreation, transportation facilities,
Governments—Individual State Descriptions Michigan 149 higher education facilities, and economic development providing public transportation may create a public trans- and planning. The councils are established by an agree- portation authority under this law, along with some metro- ment between two or more local governments subject to a politan transportation authorities. backdoor referendum. The composition of the metropoli- tan council governing body is specified in the agreement Recreation Authorities creating the council. Metropolitan councils may fix charges Two or more counties, cities, villages, townships, or voting for their facilities and services, levy ad valorem taxes with districts may create articles of incorporation for a recre- voter approval, and require the participating governments ational authority and pass resolutions calling for a referen- to contribute to the council in proportion to their assessed dum. After voter approval of an ad valorem tax, the articles valuation. If their articles of incorporation so permit, they of incorporation are filed with the secretary of state. Each may also issue bonds. recreation authority is governed by a board of directors; the size of the board and the method of selection are named Metropolitan Transportation in the articles of incorporation. The authorities may set ad Authorities—1967 law valorem taxes with voter approval and may issue bonds. Under general law, metropolitan transportation authori- ties may be established to provide transit service in major Regional Libraries metropolitan areas by resolution of the county board of Regional libraries serve two or more counties as desig- commissioners of one or more contiguous counties. A nated by the state board for libraries. The county boards board of directors consisting of nine members is appointed of supervisors must approve the plan for their counties by by the governor with the consent of the senate; six of the resolution. The participating counties appoint the govern- appointments are made from lists submitted by the boards ing board, which may include one supervisor ex officio of commissioners of the member counties and the mayor from each county board. The libraries are funded by local of any city within the authority with a population exceed- appropriations and may, with voter approval, be funded by ing 500,000. The board of the Southeastern Michigan tax levies. Transportation Authority consists of county officials ex offi- cio and representatives selected by the governing bodies Regional Convention Facility Authority of the participating counties. Metropolitan transportation authorities may fix and collect rates, fares, tolls, and other An act of the legislature created a regional convention facil- charges and issue revenue bonds. ity authority for the city of Detroit and Wayne County. The authority is governed by a board of directors for which one Port Authorities—1978 law member is appointed by the Governor with senate consent, one by the chief executive officer of Detroit, one by the These authorities provide, operate, and maintain port facili- chief executive officer of Wayne County, and one by each ties. Any city and county, combination of counties, or a of the chief executive officers of the two bordering coun- combination consisting of at least one city and one county ties with the highest populations. The authority may issue may, by joint resolution, request the Governor to autho- bonds and set fees. rize the incorporation of a port authority. Each authority’s governing board includes one member appointed by the Soil Conservation Districts Governor and at least one representative appointed by each of the participating governments. In a county with The state creates these districts on petition and after a population of more than 1,500,000, one member is hearing and referendum. The governing board consists of appointed by the Governor, two by the county board of five directors popularly elected. The districts may require commissioners, and two by the mayor of a city having a contributions from benefitted landholders. Counties may population of at least 750,000. Authorities may set and col- levy an ad valorem tax, with voter approval, and remit the lect rates, fees, and charges, and may issue revenue bonds. proceeds of the tax to the conservation district.
Public Transportation Authorities—1986 Law Water and Sanitation Districts and Authorities Authorities to provide transit service may be created under Michigan general laws authorize the following types of this law by one or more counties, cities, townships, or districts or authorities to provide for water supply and villages, or combination thereof. The composition of the sanitation: authority governing body is specified in the agreement • Charter water authorities—1957 law creating the authority. The authorities may fix fares, fees, • Metropolitan districts—1929 law rents, and charges. With voter approval, they may also levy ad valorem taxes and issue general obligation bonds. • Garbage or rubbish collection or disposal authori- ties—1947 law In addition, mass transportation authorities created under • Sewage disposal, water supply, and solid waste man- the Urban Cooperation Act of 1967 for the purpose of agement system authorities—1955 law
150 Michigan Governments—Individual State Descriptions • Water authorities—1952 law passage of resolutions and after local referendum. A popu- • Water and/or sewage disposal districts—1994 law larly elected board of directors governs each district. The districts may collect rates and charges, levy special benefit Charter water authorities may acquire and operate water assessments, and issue revenue bonds. supply systems. Any two or more cities, villages, or town- ships having a combined equalized valuation of $200 SUBORDINATE AGENCIES AND AREAS million or more may pass resolutions and conduct refer- Shown below are various governmental designations in endums for the purpose of jointly creating an authority. Michigan that have certain characteristics of governmental A board of commissioners, appointed by the legislative units but that are classified in Census Bureau statistics as bodies of the member governments, governs each author- subordinate agencies of the state or local governments and ity. The authority may collect rates and charges, set ad are not counted as separate governments. Legal provisions valorem taxes, and issue general obligation bonds. for some of the larger of these are discussed below (See Metropolitan districts acquire and maintain water and sew- “Public School Systems” above regarding educational agen- age disposal systems, as well as parks and transportation cies of this nature). facilities. The districts may be formed by any two or more Drainage districts (county)—Michigan law authorizes cities, villages, or townships. A referendum is required. four types of drainage districts to provide drainage for Each district’s charter provides for election or appointment agricultural and health purposes: of governing bodies. The districts may levy ad valorem taxes, issue revenue and mortgage bonds, and collect • Chapter 3 and Chapter 20 drainage districts (each cov- rates, tolls, and excises. In lieu of levying taxes, the district ering portions of a single county) may prorate expenses to the participating governments. • Chapter 5 and Chapter 21 drainage districts (each cov- Garbage or rubbish collection or disposal authorities may ering portions of two or more counties) be formed by any two or more cities, villages, or town- Each type is established upon petition of landowners or ships. The composition and manner of appointment of the local governments to the county drain commissioner or governing body are set forth in the articles of incorpora- the state director of agriculture followed by a public hear- tion. These authorities determine the fiscal requirements, ing. Chapter 3 districts are governed by the county drain which are provided by the participating governments. commissioner. Chapter 20 district boards include the drain These authorities may also issue revenue bonds. Landfill commissioner, the chair of the county board of supervisors, authorities, sanitation authorities, incinerator authorities, and the chair of the board of county auditors. Chapter 5 resource recovery authorities, and sanitary districts operate and chapter 21 districts are governed by a board consist- under the same provisions as garbage or rubbish collection ing of the county drain commissioners plus the state direc- or disposal authorities. tor of agriculture. Special provisions apply to the boards Sewage disposal, water supply, and solid waste manage- in certain counties. Each district certifies, to the governing ment system authorities may be formed by any two or body of each county, city, village, or township served, the more counties, cities, villages, or townships. The composi- amount of property taxes and special assessments to be tion and manner of appointment of the governing body are levied for district purposes. All types of drainage districts set forth in the articles of incorporation. These authorities may issue bonds. determine the fiscal needs, which are provided by the par- Housing commissions (county, municipal, or ticipating governments. In addition, authorities may issue township)—A housing commission is established by revenue bonds. Cooperative authorities, solid waste man- county, city, village, or township ordinance; local refer- agement authorities, utilities authorities, and waste water endum is required if voters petition for a commission. A authorities operate under the same provisions as sewage commission consists of five members appointed by the disposal and water supply system authorities. chief administrative officer of the county, city, village, Water authorities are formed by agreement between any two or township. A housing commission may fix and collect or more cities, villages, or townships. The articles of incor- rentals and, in the name of the parent government, issue poration provide for the method of selecting the governing revenue bonds. Housing commissions may also perform body, as well as the method of determining the amount to redevelopment functions. be paid by each participating municipality to the authority Joint water and sewage disposal systems—1947 law for services. A water authority may issue revenue bonds. (county, municipal, or township)—Two or more county, Water supply and/or sewage disposal districts may be city, village, township, or metropolitan districts may create created by the state department of natural resources a system with a joint board or commission by ordinance upon petition of two or more metropolitan districts, water after referendum. Each participating government appoints or sewer authorities, cities, villages, or townships after one member to the joint board or commission plus one
Governments—Individual State Descriptions Michigan 151 member is selected by the board itself. Alternative govern- County ing arrangements are available. Participating governments Art institute authorities may issue bonds. Building and parking authorities (county) Michigan Finance Authority (state)—This authority was Community mental health service boards established by special act to finance a variety of activi- ties. The authority replaced the Michigan Forest Finance County health districts Authority; Michigan Higher Education Assistance Authority; County library boards Michigan Higher Education Student Loan Authority; County park and recreation commissions Michigan Municipal Bond Authority; Michigan State Hospital County public hospital boards of trustees Finance Authority; and other state agencies. The author- ity is governed by a board of directors consisting of six County water, sewer, and sewer and garbage disposal sys- members appointed by the Governor with the advice and tems—1939 law (single county) consent of the senate. The state treasurer also serves on Economic development commissions the board. The authority may issue revenue bonds. Economic development corporations (county) Michigan State Building Authority (state)—This author- Emergency telephone districts ity was established by special act to finance the construc- Empowerment zone development corporations (county) tion of state buildings. It is governed by a board of trustees Health facilities corporations (county) appointed by the governor. The authority may impose rent- Historic districts (county) als for use of facilities and issue revenue bonds. Joint boards or commissions for intergovernmental trans- Michigan State Housing Development Authority fers (county) (state)—This authority was established to provide mort- Joint building and parking authorities (county) gage credit for low- and moderate-income housing. The authority is governed by a board of seven members, four Joint county medical care facilities of whom are appointed by the governor with the consent Lake improvement (“inland lake”) districts of the senate plus three heads of principal departments of Local hospital finance authorities (county) the executive branch of the state government. The author- Regional park and recreation commissions ity may fix fees and charges, make mortgage loans, and issue revenue bonds. In addition, the authority may, upon River management districts (county) approval of the legislature and the voters, receive proceeds Zoological authorities of state general obligation bonds. Municipal3 Other examples include: Birmingham Area Cablecasting Board State2 Birmingham Triangle District Corridor Improvement Authority Automobile Theft Prevention Authority Brownfield redevelopment authorities (municipal) Base conversion authorities Building and parking authorities (municipal) Forest improvement districts Commercial redevelopment districts (municipal) Low-Level Radioactive Waste Authority Corridor improvement authorities (single municipality) Mackinac Bridge Authority Downtown development authorities (municipal) Mackinac Island State Park Commission Economic development corporations (municipal) Medical control authorities Empowerment zone development corporations (municipal) Michigan Broadband Development Authority Health facilities corporations (municipal) Michigan Economic Growth Authority Historic districts (municipal) Michigan Education Trust Joint boards or commissions for intergovernmental trans- Michigan Enterprise Zone Authority fers (municipal) Michigan Export Development Authority Joint building and parking authorities (municipal) Michigan Family Farm Development Authority Joint environmental management authorities Michigan Next Energy Authority Joint fire protection districts (municipal) State Strategic Fund Joint water supply systems—1945 law
152 Michigan Governments—Individual State Descriptions Library boards (municipal) Plant rehabilitation and industrial development districts Local development finance authorities (municipal) (township) Local hospital finance authorities (municipal) Resort district authorities Market authorities Rural fire protection districts (township) Mass transportation authorities with ex officio River management districts (township) boards—1963 law Technology park districts (township) Neighborhood improvement authorities Township water supply districts—1941 law Plant rehabilitation and industrial development districts Joint County-Municipal (municipal) Joint boards or commissions for intergovernmental trans- River management districts (municipal) fers (joint) Rural fire protection districts (municipal) Joint building and parking authorities (joint) Tax increment financing authorities Municipal joint endeavors (joint) Technology park districts (municipal) River management districts (joint)
Township Other
Brownfield redevelopment authorities (township) Industrial districts within port authorities are classified Building and parking authorities (township) as subordinate activities of a port authority and are not counted as separate governments for Census Bureau statis- Commercial redevelopment districts (township) tics on governments. Corridor improvement authorities (single township) School districts also may participate in the creation of joint Downtown development authorities (township) building and parking authorities. Economic development corporations (township) Empowerment zone development corporations (township) Michigan laws also provide for various types of local areas for election purposes and administration of justice. Fire assessment districts 1 One village, Grosse Pointe Shores, is coterminous with two Historic districts (township) townships (Lake Township in Macomb County and Grosse Pointe Joint boards or commissions for intergovernmental trans- Township in Wayne County). However, the village and the town- ships each perform distinct functions and are each counted as fers (township) separate governments for Census Bureau purposes. Joint building and parking authorities (township) 2 Legislation authorizing the following agencies was repealed: Michigan Forest Finance Authority; Michigan Higher Education Joint fire protection districts (township) Assistance Authority; Michigan Higher Education Student Loan Library boards (township) Authority; Michigan Municipal Bond Authority; and Michigan State Hospital Finance Authority. Local development finance authorities (township) 3 Corridor improvement authorities may be created under the Urban Cooperation Act of 1967 in addition to formation by single Local hospital finance authorities (township) municipalities or townships.
Governments—Individual State Descriptions Michigan 153 Minnesota
Minnesota ranks eighth among the states in number of regard to township governments. The township governing local governments with 3,672 active as of June 30, 2012. body is the board of supervisors.
COUNTY GOVERNMENTS (87) A number of metropolitan area towns, or urban towns, have powers similar to those of municipal governments There are no areas in Minnesota lacking county govern- under special powers granted by the Minnesota statutes. ment. The county governing body is called the County Board of Commissioners. Ramsey County, under special PUBLIC SCHOOL SYSTEMS (343) legislation, became a home-rule county in 1992. School District Governments (338) SUBCOUNTY GENERAL PURPOSE The following types of school districts in Minnesota are GOVERNMENTS (2,637) counted as separate governments for Census Bureau The subcounty general purpose governments in Minnesota purposes: comprise municipal (city) governments and township or • Common school districts town governments. • Independent school districts Municipal Governments (853) • Special school districts (special acts)
The term “municipality,” as defined for Census Bureau An elected board administers each school district of the statistics on governments, applies only to the cities in above three types. School districts may levy school taxes Minnesota. Towns or townships in Minnesota are counted and issue bonds. The Pine Point School, part of Pine as township governments and not as municipal govern- Point School District, is administered by the White Earth ments in Census Bureau statistics on governments. Reservation Tribal Council under special legislation. Minnesota cities are divided into four classes according to population size, as follows: Dependent Public School Systems (5)
• First class—more than 100,000 inhabitants Cooperative Facilities Districts • Second class—more than 20,000 and not more than These districts operate joint schools. The districts are cre- 100,000 inhabitants ated by a joint powers agreement between two or more • Third class—more than 10,000 and not more than school districts. A board consisting of representatives of the 20,000 inhabitants member school district boards governs each district. The districts may levy a property tax and issue general obliga- • Fourth class—not more than 10,000 inhabitants tion bonds with voter approval. The districts are classified Charter cities are municipal governments that have as dependent activities of their member school districts. adopted home rule charters. All other municipal govern- ments (including those that were originally villages, towns, Other Educational Activities or boroughs) are statutory cities. There are no differences Minnesota has the following types of educational service between cities that would affect their classification for agencies in operation: Census Bureau purposes. Some cities, but not all, exist within township areas. • Area learning centers • Education districts Township Governments (1,784) • Interdistrict councils (under Joint Powers Act) Township governments exist in 84 of the 87 Minnesota • Intermediate school districts counties. In those counties that have township govern- • Regional management information centers ments, township governments do not cover the entire area of the counties. All unorganized territory and some, but • Service cooperatives not all, cities exist outside the area served by any township • Vocational centers (cooperative centers for vocational government. In recent years, some township governments education) in Minnesota have been dissolved. The terms “town” and Area learning centers to provide vocational education “township” are used interchangeably in Minnesota with to secondary school pupils with special needs may be
154 Minnesota Governments—Individual State Descriptions established by a school district either alone or in coopera- SPECIAL DISTRICT GOVERNMENTS (610) tion with other public or private entities. For Census Bureau Minnesota statutes authorize the creation of a variety of purposes, they are not counted as separate governments, special districts or authorities that are counted as govern- but are joint educational service agencies of the school ments. These are discussed in detail below. districts they serve.
Education districts to provide educational and school sup- Area Ambulance Districts port services to participating school districts may be estab- Created by special acts of the legislature, these districts lished by agreement between four or more school districts. provide ambulance service to their area. They are governed A board of appointed representatives of the participating by boards appointed by member cities, towns, and coun- school districts governs each education district; these ties. Districts may levy ad valorem property taxes and representatives serve at the pleasure of the school district issue bonds. they represent. Education districts may levy ad valorem taxes and issue bonds after voter approval. School districts Area Redevelopment Agencies may pair up, as enhanced pairing districts, to certify some These agencies may be established by joint powers agree- tax levies jointly and to perform other functions jointly. ment between two or more municipalities. A joint board Education districts are not counted as separate govern- consisting of one member appointed by the Governor and ments in Census Bureau statistics. the remainder by the municipalities served governs each Interdistrict councils are organized under the Joint Powers agency. The agency may collect fees, rentals, and charges; Act. These councils are established by agreement between issue bonds; and, with approval of the municipalities two or more school districts to exercise powers common to served, levy ad valorem taxes and special assessments. the contracting parties. Most of the education agreements These agencies are to be distinguished from the munici- formed under this law provide special education services. pal redevelopment agencies listed under “Subordinate The agreement determines whether there is a separate gov- Agencies and Areas” below. erning body. Interdistrict councils (under the Joint Powers Act) are not counted as separate governments. Similar pro- East Lake Clinic District visions can apply to special education cooperative districts and telecommunications districts. A 1989 special act authorizes creation of this district by res- olution of the towns of Crystal Bay, Beaver Bay, and Stony Intermediate school districts are established by special River; the cities of Beaver Bay and Silver Bay; and the county acts to provide technical colleges or special education. of Lake. The district board consists of one representative A joint board consisting of appointed representatives of from each of the participating governments. The district each participating school district governs each intermedi- may levy ad valorem taxes and fix charges for its services. ate school district. These districts may levy ad valorem taxes and issue bonds. They are not counted as separate Hospital Districts governments. Municipal hospital districts, authorized by 1959 legislation, Regional management information centers may be formed may be established by resolution of the governing bodies by two or more independent, special, or common school of any two or more contiguous cities (except first class) or districts. The districts provide a computer based financial townships. A referendum is required if requested by the management accounting system to school districts, utiliz- voters. Each district hospital board consists of one member ing regional or other computing facilities. They are not elected from each constituent government, plus one mem- counted as separate governments. ber elected at large. The boards may collect charges for services, levy taxes, and with voter approval, issue revenue General law, under the state education code, authorizes and general obligation bonds. service cooperatives, which serve all forms of local govern- ment with planning and regional services and programs. County hospital districts have also been established by Service cooperatives formed under general law, rather than special acts with generally similar provisions. under the Joint Powers Act, are not counted as separate governments. Housing and Redevelopment Authorities
Vocational centers (also called cooperative centers for General law provides for the establishment of a housing vocational education), which provide vocational educa- and redevelopment authority in each municipality and tion and other educational services, are established by county, other than counties that have an authority estab- resolutions of two or more independent school districts. lished by special act. Establishment requires a resolution They are not counted as separate governments for Census of the respective governing body and a public hearing. Bureau purposes. Multicounty authorities may also be established by two or more cities or counties. Each authority is administered by
Governments—Individual State Descriptions Minnesota 155 a board of commissioners appointed by the mayor with plan. Legislation also provides specific requirements for the the consent of the municipal governing body or by the board’s composition. county governing body, as appropriate. Authorities may issue revenue bonds, and fix and collect rentals. A special Mental Health Collaboratives benefit property tax may be levied with the approval of the State laws authorize two types of mental health collabora- establishing government. tives: family services collaboratives and children’s mental Special acts authorize city governing bodies to serve as health collaboratives. In most cases, the two types of housing authority commissioners ex officio in a few locali- collaboratives are integrated. These entities are formed ties. A housing authority governed by the city governing by combinations of public entities, or private entities that body is not counted as a separate government in Census form an agreement. The collaboratives are governed by Bureau statistics. See “Subordinate Agencies and Areas” representatives of the member agencies. The agreement below. specifies member contributions.
Joint Cable Communications Commissions Metropolitan Airports Commission Two or more counties, cities, or towns may form a joint This commission was created by special legislation to pro- cable communications commission by ordinance or resolu- vide, operate, and maintain airports in the Minneapolis-St. tion. Each commission consists of two representatives from Paul area. The commission consists of the mayors of each member government; one of the two representatives Minneapolis and St. Paul, plus 13 additional members must be a member of the local governing body. The com- (including the chair) appointed by the Governor. The missions grant franchises and set rates. commission may set rates, collect fees and rents, levy ad valorem taxes, and issue revenue bonds. Joint Powers Airport Boards Metropolitan Mosquito Control District These boards may be created by agreement by two or more municipalities; the state and one or more municipalities; The special act establishing this district designates the one or more municipalities and any other state; or, with the participating counties. The district is governed by a com- approval of the federal government, the state of Minnesota mission composed of members of the Boards of County and Canada. The boards are appointed by the participating Commissioners from each of the participating counties. The governments. The participating governments levy taxes district may levy ad valorem taxes. In addition, participating and issue bonds to provide funding per the agreement. counties may levy ad valorem taxes on behalf of the district.
Joint Powers Boards (not included elsewhere) Minneapolis-St. Paul Housing Finance Board Two or more local governments or other political subdivi- This board was established by a joint exercise of pow- sions of the state may jointly exercise any power common ers agreement between the Minneapolis Community to them. Federal and state governments also may participate Development Agency and the Housing and Redevelopment in such agreements. The agreement may create a board; Authority of St. Paul to provide mortgage credit. The the composition of such a board is specified in the creat- composition of the board is specified in the agreement ing agreement. The functions performed by and the powers establishing it. The board may fix fees and charges for its granted to these joint powers boards are detailed in the cre- services and may issue revenue bonds. ating agreement. Joint powers boards may receive contribu- tions from participating governments and, if the agreement Municipal Gas Agencies so provides, fix charges, and issue revenue bonds. Joint Municipal gas agencies, which provide and distribute gas, powers boards are known by a wide variety of names. are established when two or more cities file a written agreement with the secretary of state. A board of directors, Community correction boards are created pursuant to the of which at least five directors represent the participat- Joint Exercise of Powers Act; however, legislation limits the ing cities, governs each agency. The agencies may charge creation of these entities to one or more contiguous coun- rents, rates, and other fees and may issue revenue bonds. ties having an aggregate population of 30,000 or more. No municipal gas agencies were reported in operation in These boards have an advisory board in addition to the June 30, 2012. governing board.
Regional radio boards also are created pursuant to the Joint Municipal Power Agencies Exercise of Powers Act; however, legislation requires that Municipal power agencies are established by written these agreements may be created only by two or more agreement between two or more member cities or existing counties or a city and one or more counties and that the municipal power agencies, upon resolution of the respec- counties must be within the statewide radio board’s project tive city governing bodies, to generate and distribute electric power. A park and recreation board of a first class
156 Minnesota Governments—Individual State Descriptions city also may participate in establishing a municipal power counties under the interlocal cooperation act after approval agency. A board consisting of representatives of the mem- by existing library boards. The system is governed by bers governs each agency. The number of representatives representatives appointed by member governments as and their manner of selection are specified in the agree- specified in the agreement. The system receives statutorily ment establishing the agency. Municipal power agencies prescribed funding from member governments and the may impose service charges and issue revenue bonds. proceeds of an earmarked library tax.
Park Districts Regional Railroad Authorities Park districts are authorized under a general law appli- Regional railroad authorities to preserve and improve local cable only to counties with 350,000 or more inhabitants; freight or passenger rail service may be established by adjoining counties may also be included in the district. resolution adopted by the governing body of one or more Establishment is by the Boards of County Commissioners counties after application to the secretary of state. Cities following petition of voters or resolutions adopted by a and towns may organize a regional railroad authority if the majority of the governing bodies of the cities within each county in which they are located declines to do so. A board county in the proposed district; local referendum is required of five or more commissioners governs each authority. if petitioned for or if the county commissioners so desire. The number of commissioners appointed by each member county is specified in the certificate of incorporation. The Single-county park districts created under this law are authorities may charge fees and rentals, and issue revenue coterminous with the county, but exclude first class cities. bonds; with voter approval, the authorities may levy ad Multicounty park districts may include all or part of two valorem taxes. or more counties, exclusive of first class cities. An elected board of park district commissioners governs each district. Authorities of this type that are governed by the county The district may fix charges, issue revenue bonds, and, board of commissioners ex officio are not counted as with voter approval, issue general obligation bonds. The separate special district governments. See “Subordinate district may also determine the amount to be contributed Agencies and Areas” below. by each participating government; these funds are raised by the local governments through property taxes. The Rural Development Financing Authorities Three Rivers Park District was established under this law to Authorities to acquire, construct, and improve agricultural provide park facilities in Hennepin County. development and improvement projects are established by resolution of one or more counties. A board of directors Regional Development Commissions appointed by the governing bodies of the counties served State code divides the state into development regions. governs each authority. The authorities may fix charges These commissions, which coordinate state, federal, and for their services, levy special assessments, and issue local planning and development programs, are established revenue bonds. by the Governor following petition by a combination of the The Morrison County Rural Development Finance Authority governing bodies of the cities and counties representing was created by a special act. a majority of the population residing in the development region. Each commission consists of members chosen from Authorities governed by the county commissioners ex local governing bodies, councils of governments, Native officio are not counted as separate governments. See American Tribal Councils, and public interest groups. The “Subordinate Agencies and Areas” below. commission by-laws specify the method of selection of board members. Regional development commissions may Rural Water User Districts levy property taxes. Rural water user districts to conserve, store, and distribute water may be established under general law upon peti- Regional Public Library Districts tion of landowners to the state district court. If the dis- Regional public library districts may be established in the trict includes an area within a city, then the petition must areas of the Great River Regional Library System and the include a resolution of the city governing body. A board East Central Regional Library System. These districts are of directors elected by persons and corporations party to governed by boards consisting of elected directors, and, in contracts for water with the district governs each district. some cases, include ex officio members of the governing The districts may impose service charges and issue rev- bodies of the participating counties. The districts may levy enue bonds. property taxes and issue debt. St. Cloud Metropolitan Transit Commission Regional Public Library Systems The St. Cloud Metropolitan Transit Commission was estab- Regional library systems are formed by agreement between lished by a 1969 law. It consists of members appointed by two or more counties and/or cities located in two or more the governing bodies of the participating municipalities.
Governments—Individual State Descriptions Minnesota 157 The commission may issue revenue bonds, impose required to pay a share of projects and may levy taxes and charges, and levy ad valorem taxes. issue bonds for such purpose.
Sanitary Districts Watershed Management Organizations Sanitary districts may be established by the Minnesota Watershed districts that are wholly within the area over Pollution Control Agency upon petition of the governing which the Metropolitan Council has jurisdiction or that bodies of one or more county, municipal, or township gov- were created under the Joint Powers Act are watershed ernments. A board of managers selected by the governing management organizations. The organizations are gov- bodies of the constituent governments governs each dis- erned by a board as specified by the watershed district trict. The districts may fix service charges; set ad valorem law or the Joint Powers Act. Watershed management taxes and special assessments; and issue bonds. Similar organizations may levy property taxes and issue bonds. provisions apply to the Western Lake Superior Sanitary Participating local governments are required to fund appor- District and Cross Lake Area Water and Sanitary Sewer tioned costs. District, which were established by special acts. SUBORDINATE AGENCIES AND AREAS Regional sanitary sewer districts are created by special acts, with substantially uniform provisions, that enumerate Shown below are various governmental designations in the cities and townships included therein. A board of direc- Minnesota that have certain characteristics of governmen- tors with one member appointed by the governing body of tal units, but that are classified in Census Bureau statistics each participating city or township governs each district. on governments as subordinate agencies of the state or The districts may fix service charges; levy ad valorem taxes local governments and are not counted as separate gov- and special assessments; and issue bonds. ernments. Legal provisions for some of the larger of these are discussed below (see “Public School Systems” above, Soil and Water Conservation Districts regarding educational agencies of this nature). Soil and water conservation districts are created by the Among the subordinate agencies and areas listed below, state soil and water conservation board upon petition of some represent “special taxing areas” within the territory of landowners and after public hearing and referendum. An an established government. This method of financing addi- elected board of supervisors governs each district. The tional services in limited areas by property taxation, while board may require contributions from benefited landown- also used by some municipal and township governments ers. In addition, the county may levy ad valorem taxes and in a few states, is more widely utilized by county govern- issue bonds for the benefit of a district. ments. In the listing below of authorized county-related agencies, an asterisk (*) appears for each entity of this Solid Waste Management Districts kind—i.e., any that may individually serve a portion rather Solid waste management districts may be established than all of a county and for which a tax may be levied by the commissioner of the Minnesota Pollution Control against the assessed value of property in the areas served. Agency following petition from the governing bodies of at Metropolitan Council (state)—The Metropolitan Council least half the counties that lie wholly, or in part, within the was created by a special act primarily to coordinate plan- proposed district. Each participating government appoints ning and development, and operate transit and sewage two members to the district board of directors. The dis- disposal systems in the Minneapolis-St. Paul metropolitan tricts may charge fees and issue revenue bonds. The dis- area. It has been given broad powers to review and require tricts may levy property taxes and issue general obligation consistency and compatibility of all comprehensive plans bonds if the participating counties agree to permanently of governments in the seven-county area. The council delegate this power. consists of 17 members appointed by the Governor. It may levy ad valorem taxes and may issue bonds. Watershed Districts Minnesota Higher Education Facilities Authority These districts provide flood control, reclamation, water (state)—This authority was created by 1971 legislation supply, sewerage, drainage, and soil and water conserva- to finance the construction of higher education facilities. tion. General law authorizes the state board of soil and A board consisting of a representative of the Minnesota water resources to establish watershed districts upon peti- Office of Higher Education and eight members appointed tion of landowners or participating local governments after by the Governor governs the authority. The authority may public hearing. The governing body is a board of manag- fix rates, rents, fees, and charges for its services, and may ers, appointed by the county boards of commissioners. The issue revenue bonds. district boards may levy special benefit assessments and ad valorem taxes, impose storm water charges, and issue Minnesota Housing Finance Agency (state)—This revenue bonds. The participating counties are statutorily agency, authorized by an act of the legislature, was created to provide mortgage credit for low- and moderate-income
158 Minnesota Governments—Individual State Descriptions housing and related improvements. A board of seven mem- Mississippi Headwaters Board bers governs the agency; the board consists of six mem- Park commissions bers appointed by the governor with the consent of the Regional railroad authorities governed by the county board senate, plus the state auditor. The agency may set fees and of commissioners charges, make mortgage loans, and issue revenue bonds. *Road districts in unorganized territory Port authorities (municipal)—General law authorizes Rural development financing authorities with ex officio boards the establishment of these authorities in cities of the first *Subordinate service districts class and also elsewhere by special act. A port commis- sion appointed by the city council governs each authority, Municipal except where special acts specify otherwise. Contiguous first class cities may establish joint port commissions. Port Chisholm/Hibbing Airport Authority authorities may levy ad valorem taxes and may fix rates, City development districts fees, and charges. The city council may levy additional City library boards (first class cities) taxes and issue bonds, at its discretion, for port authority City-school district library boards (first class cities) needs. The port commission may issue revenue bonds, and with city approval, may issue general obligation bonds. Duluth Airport Authority Industrial development districts within port authorities are Duluth Transit Authority classified as dependent agencies of the establishing author- Economic development authorities and districts ity and are not counted as separate governments. Emergency medical services special taxing districts Other examples include: Housing and redevelopment authorities with ex officio boards
State Lake Minnetonka Conservation District (in Hennepin County) Local public health boards Enterprise Minnesota, Inc. (formerly Minnesota Technology, Inc.) Minneapolis Community Development Agency Lake Superior Center Authority Municipal redevelopment agencies Minnesota Agricultural and Economic Development Board Nonprofit Riverfront Revitalization Corporation Minnesota Pollution Control Agency Neighborhood revitalization policy boards (first class cities) Minnesota Public Facilities Authority St. Paul Public Housing Agency Minnesota Science and Technology Authority Special service districts Minnesota Sports Facilities Authority Spirit Mountain Recreation Area Authority Mississippi River Parkway Commission Storm sewer improvement districts Northern Technology Initiative, Inc. Tax increment financing districts (may also be dependent on a special district) Rural Finance Authority Urban and rural service (taxing) districts St. Paul Landmark Authority Wildfire protection districts Township
County Emergency medical services special taxing districts Road districts (in areas having organized township Benson/Swift County Hospital District governments) Community public health boards Special fire protection districts Cook County and Grand Marais Joint Economic Subordinate service districts Development Authority County water and sewer districts Joint Municipal-Township Drainage authorities (county and judicial ditches) Joint East Range Economic Development Authority Emergency medical services special taxing districts (St. Louis and Lake Counties) Hennepin Healthcare System, Inc. White Bear Lake Conservation District
Human services boards Other Joint powers boards of health The Metropolitan Parks and Open Space Commission is clas- Koochiching County Economic Development Commission sified as a dependent activity of the Metropolitan Council. *Lake improvement districts Minnesota laws also provide for various types of local areas Minnesota Ballpark Authority for election purposes and administration of justice.
Governments—Individual State Descriptions Minnesota 159 Mississippi
Mississippi ranks twenty-ninth among the states in number of trustees appointed by the municipal governing body of local governments with 983 active as of June 30, 2012. governs the district. Although authorizing legislation for municipal separate school districts was repealed in 1987, COUNTY GOVERNMENTS (82)1 existing districts may continue to operate until abolished by action of the county board of education or by the school There are no areas in Mississippi lacking county district board upon petition of voters. government. The county governing body is called the county board of supervisors. Counties in Mississippi Special municipal separate school districts are municipal operate under home rule. separate school districts having “added territory” that contains 25 percent or more of the total number of edu- SUBCOUNTY GENERAL PURPOSE cable children of the district. An elected board of trustees GOVERNMENTS (298) governs each special municipal separate school district.
Municipal Governments (298) The county boards of education and the boards of trustees of the municipal separate and consolidated school districts Municipal governments in Mississippi are the cities (munici- determine the amount of local taxes to be levied for school palities of 2,000 inhabitants or more), towns (municipali- purposes. The school board, as well as the municipal or ties of 300 to 1,999 inhabitants), and villages (municipali- county government, may issue bonds for the school district. ties of 100 to 299 inhabitants). Villages can no longer be created, but existing villages with at least 50 inhabit- In addition, junior colleges in Mississippi are counted as gov- ants may retain their status. Municipal governments in ernments for Census Bureau purposes. These junior colleges Mississippi operate under home rule. are administered by boards of trustees appointed by the respective county boards of supervisors. They are financed Township Governments (0) through local tax levies. Mississippi has no township governments. Dependent Public School Systems (3) PUBLIC SCHOOL SYSTEMS (167) Mississippi statutes authorize the following types of county dependent public school systems: School District Governments (164) • Agricultural high schools Only the following types of school districts in Mississippi are counted as separate governments for Census Bureau • Joint agricultural high schools purposes: • Joint agricultural high school-junior colleges
• County-wide school districts These schools are classified as dependent agencies of • Consolidated school districts county governments for Census Bureau purposes and are not counted as separate governments. Each participating • Municipal separate school districts county is represented on the board of trustees by three • Special municipal separate school districts members appointed by the county board of Supervisors • Junior colleges and two members appointed by the county board of educa- tion, plus the county superintendent of education ex offi- County-wide school districts compose all of the territory of cio. The county or counties may levy taxes for the support a county, exclusive of the territory included in a municipal of these schools and may finance capital improvements separate school district. The elected county board of edu- through county bond issues. cation governs the district.
Consolidated school districts are subdivisions of those Other Educational Activities territories of a county that are not in a municipal sepa- Regional education service agencies may be established by rate school district or in a county-wide school district. An the agreement of 12 or more public school districts. The elected board of trustees governs the district. Line (inter- superintendents of the participating school districts elect a county) districts operate under similar provisions. board of directors from among themselves. These agencies Municipal separate school districts include the area of a are classified as joint agencies of the participating school municipality and may include added territory. A board districts and are not counted as separate governments.
160 Mississippi Governments—Individual State Descriptions Emergency school leasing authorities are dependent agen- Subdistricts of drainage districts are classified as activities cies of the local school board and are not counted as sepa- of the main drainage district and are not counted as sepa- rate governments. They are used to finance and construct rate governments. school facilities. An authority may collect lease purchase payments and issue bonds. Emergency Medical Services Districts These districts are established by the governing bodies of SPECIAL DISTRICT GOVERNMENTS (439) any combination of one or more counties or municipalities. Mississippi statutes authorize the creation of a variety of The districts are governed by boards appointed by the cre- special districts or authorities that are counted as govern- ating governments. The authorizing legislation funds these ments. These are discussed in detail below. districts through the state Emergency Medical Services Operating Fund on a per capita basis. Air Ambulance Service Districts Districts of this type that serve a single county or munici- These districts may be established by resolution of the pality and that are governed by local officials ex officio are board of supervisors of two or more counties having com- not counted as separate governments. See “Subordinate mon boundaries with a state highway safety patrol district. Agencies and Areas” below. A referendum is required if the voters so petition. The dis- trict board of directors consists of one member appointed Flood Control Districts by the Governor, plus one member from each participating These districts are created by the resolution of the board of county appointed by its board of supervisors. The district directors of the Pearl River Basin Development District and boards may fix and collect fees. voter approval within the proposed district. The districts Cooperative Service Districts may include one or more counties or municipalities. Each district’s board of directors consists of members appointed Districts to provide joint financing, construction, and by the governing bodies of the counties and municipalities administration of governmental facilities and services are participating in the district, plus one member appointed established by action of the board of supervisors of each by the Pearl River Basin Development District. The districts participating county. A board of commissioners consisting may issue bonds with voter approval and may levy prop- of one to five elected officials appointed by the supervi- erty taxes. sors of each participating county governs each district. The districts may charge fees, tolls, and special assessments to Two flood control districts—the Mississippi Levee District participating counties and any municipal government that and the Yazoo-Mississippi Delta Water Management has contracted for services. Revenue bonds may be issued District—were given permanent existence by the state with approval of the participating counties. The board of constitution. Their governing bodies are elected boards supervisors of any participating county may levy a tax in of levee commissioners. These two districts may levy ad support of the district. valorem taxes and issue bonds.
Drainage Districts Gas Districts Drainage districts with local commissioners are created Districts may be established in Mississippi by special acts on petition to the chancery court and after public hearing. to provide natural gas transmission systems. The provi- Consolidated drainage districts (combinations of three or sions for the selection of the governing body of such dis- more drainage districts) also are created by the chancery tricts vary. Gas districts with separate elected or appointed court on petition of the drainage districts involved and governing bodies are counted as governments for Census after public hearing. Governing bodies of both of these Bureau purposes. Gas districts may fix and collect fees and types of districts are appointed by the chancery court. The issue revenue bonds. districts may issue bonds and levy special assessments. Districts governed by municipal officials in an ex officio Similar provisions are made for drainage districts with capacity are not counted as separate governments. See county commissioners, except that their governing bodies “Subordinate Agencies and Areas” below. are appointed by the county board of supervisors. Housing Authorities Drainage districts exercising certain powers for the purpose There are three types of housing authorities in of conservation are known as water management districts. Mississippi—county, city, or town; consolidated; and Legislation for swampland districts has been repealed with regional. An individual county or municipality may estab- the provision that any in existence may continue to operate. lish a housing authority through resolution of its governing body; two or more municipalities may jointly establish a consolidated housing authority; and two or more contigu- ous counties may jointly establish a regional housing
Governments—Individual State Descriptions Mississippi 161 authority. The governing bodies appoint the housing participating counties after voter approval. The district also authority commissioners. The authorities may issue bonds may issue revenue bonds. and establish and collect charges for use of authority facilities. Mississippi Coast Transportation Authority This authority was established to provide transit service Joint Municipal Electric Power Agencies by agreement between participating local governments. These agencies may be established by joint agreement of The authority operates the Coast Transit Authority. A board municipalities to provide facilities for the generation or consisting of representatives of member governments gov- transmission of electric power. The board of commission- erns the authority. The authority may fix fares and other ers is appointed by the respective utility commissions of charges, and issue bonds. the participating municipalities. These agencies may fix and collect fees and rents, and issue bonds. The Municipal Municipal Gas Authority of Mississippi Energy Agency of Mississippi was organized under this law. This authority to provide for the distribution of gas was created by resolution of the state utility commission on Joint Water Management Districts approval and resolution of member municipalities. A board Districts to provide for water supply and conservation, of commissioners appointed by the utility commissions of and for wastewater management are created by joint member municipalities governs the authority. The author- resolutions of two or more counties, cities, or combina- ity may fix and collect fees and rents, and after approval of tion thereof after public hearing. A referendum is required the participating municipalities, may issue revenue bonds. if voters so petition. A board of commissioners selected in the manner specified in the joint resolution creating the Northeast Mississippi-Northwest Alabama district governs each district. The districts may fix and col- Railroad Authority lect fees, receive the proceeds of special assessments by This authority is counted under “Alabama—Special District participating governments, and issue revenue bonds. Governments.”
Lighting Districts Northeast Mississippi Regional Water Supply Lighting districts are created by special acts to enable District property owners in unincorporated county areas to obtain This district was created by intergovernmental agreement adequate street lighting in designated areas. They are gov- to manage the water supply in the vicinity of Tupelo. A erned by boards appointed by the county board of supervi- board consisting of representatives of the participating sors. The districts may levy a special millage tax. governments governs the district. The district may fix and collect fees. Under terms of the agreement creating the dis- Master Water Management Districts trict, the City of Tupelo issues bonds for facilities operated These districts provide drainage, flood control, and water by the district. conservation. They are established by the chancery court on petition of landowners and after public hearing. The Port Commissions governing body of each district consists of at least five A Mississippi statute authorizes the creation of a port com- commissioners appointed by the chancery court. The dis- mission to provide and operate port facilities in any city tricts may issue bonds with the approval of the chancery having a seaport or harbor designated as a port of entry by court and levy benefit assessments. the federal government. A five-member board of commis- The Tombigbee River Valley Water Management District was sioners governs each port commission and consists of one established by a special act. In addition to water conserva- member appointed by the Governor, one by the county tion and flood control services, it also may provide naviga- board of supervisors, and three by the municipal governing tion and recreational facilities. Its board of directors con- body. The commissioners may fix and collect fees, and may sists of those members of the Tombigbee Valley Authority levy privilege taxes or receive the proceeds of a special whose counties become members of the district, each property tax levy. state-at-large member of the Tombigbee Valley Authority, The D’Iberville Port Commission was created by special act. one director appointed by the board of supervisors of The commission consists of members appointed by the each county in the district, and one director appointed by City of D’Iberville and Harrison County. The commission the Governor from each county in the district that is not may issue bonds, and fix and collect fees. an original member of the Tombigbee Valley Authority, plus four representatives of specified state agencies. The For port commissions and authorities that are not counted district may fix and collect fees, and receive the proceeds as separate governments, see “Subordinate Agencies and of a special ad valorem tax levied and collected by the Areas” below.
162 Mississippi Governments—Individual State Descriptions Public Improvement Districts Regional libraries are created by contract of the board of supervisors of two or more counties. If fewer than five Public improvement districts are created by the ordinance counties are members of the system, the membership of of a county, counties, or a municipality. These districts may the board of trustees is determined by the creating con- provide water systems, sewer systems, solid waste collec- tract. If five or more counties are members, one member is tion, bridges, roads, parks, fire protection, or security. The appointed by the governing authority of each county. The districts are governed by boards of directors elected by the library systems are funded by taxes set and levied by, and qualified voters of the district. The districts may fix and appropriations from, the participating governments. collect fees, issue bonds, and levy special assessments. Regional Solid Waste Management Authorities Public Water Authorities Authorities to manage disposal of solid waste are created State legislation permits nonprofit companies engaged in by ordinance or resolution of two or more local govern- the sale, transmission, and distribution of water to convert ments. Each authority’s governing body includes at least to public water authorities. These authorities are governed one appointed representative of each participating govern- by boards elected by the water users. The authorities may ment as specified in the articles of incorporation creating issue bonds. the authority. The authorities may fix and collect fees, and Railroad Authorities issue bonds. Railroad authorities to preserve, develop, and maintain Ridgeland Tourism Commission rail freight service may be formed by the county board of This commission was created by special act. The commis- supervisors after public hearing or by any county and a sion consists of six members appointed by the mayor and municipality within the county. Two or more counties may board of aldermen of the City of Ridgeland. The authoriz- form a regional railroad authority. The authority commis- ing legislation levies a 1 percent tourism and convention sioners are appointed by the county governing body. In the tax, which, once levied by the city governing body, must case of a regional railroad authority, the Governor appoints continue for a minimum of 3 years and be used exclusively a member if there is an even number of counties partici- by the commission. pating. The authorities may establish fees, rentals, and charges and may issue bonds. The authorities also may Similar entities lacking fiscal or administrative autonomy certify an ad valorem tax levy upon voter approval. are classified as dependent agencies of the governments they serve. See “Subordinate Agencies and Areas” below. Regional and Joint Airport Authorities These authorities may be established by the resolutions of Shoreline and Beach Preservation Districts two or more counties or municipalities, or by the resolu- These districts are authorized in Jackson County. The tions of two or more counties or municipalities and any districts are created by resolution of the county board of state-supported institution of higher learning or any public supervisors upon petition and after a public hearing, and community or junior college. For the regional airport if petitioned, referendum. A board of five commissioners authorities, each participating entity appoints one com- appointed by the county governs each district. The districts missioner to the authority’s board and, if there is an even may fix and collect charges, and issue bonds. The districts number, the Governor appoints an additional member. may levy special assessments if provided in the authorizing The regional airport authorities may issue revenue bonds, petition and resolution. The bonds also may be paid with and fix and collect fees. The boards and powers of the ad valorem taxes levied by the county. joint airport authorities are determined by the authorizing agreement. Soil and Water Conservation Districts The state soil and water conservation commission may cre- Regional and Joint City-County Library ate these districts on petition and after local referendum. Systems A board of commissioners governs each district, with two Joint city-county library systems are created by contract members appointed by the state commission and three of the boards of trustees of a municipal public library elected. The commissioners may require contributions or libraries and a county public library or libraries with from landowners for benefits. the consent of the board of supervisors of the county or counties. The membership of the board of trustees is Urban Flood and Drainage Control Districts determined by the creating contract. The library systems These districts are established to provide flood control are funded by taxes set and levied by, and appropriations facilities in or adjacent to municipalities with a population from, the participating governments. of 100,000 or more. They are created upon resolution of the city governing body and petition to the chancery court.
Governments—Individual State Descriptions Mississippi 163 A board of directors appointed by the city and county gov- elected. The districts may fix and collect fees, and issue erning bodies governs the district. The district may issue revenue bonds. A referendum for the issuance of revenue bonds upon voter approval and may levy ad valorem taxes. bonds must be held upon voter demand. The districts may issue special improvement bonds if the creating resolution Utility Authorities and Districts authorizes the board of commissioners to set taxes, which Special acts authorized utility districts in Harrison and the board of supervisors is required to levy to pay for the Jackson Counties. These districts are created by resolution bonds. If authorized in the creating resolution, the board of the county board of supervisors after petition by land- may levy property taxes for the benefit of the districts. owners, public hearing, and upon voter demand, referen- These districts are also known as utility districts. dum. The boards are appointed by the county board of SUBORDINATE AGENCIES AND AREAS supervisors. The districts may issue bonds, fix and collect fees, and levy assessments. Shown below are various governmental designations in Mississippi that have certain characteristics of governmen- In addition, the following utility authorities and districts tal units, but that are classified in Census Bureau statistics have been individually authorized by special acts: as subordinate agencies of the state or local governments • DeSoto County Regional Utility Authority and are not counted as separate governments. Legal provi- sions for some of the larger of these are discussed below • Diamond Lakes Utilities and Improvements District (see “Public School Systems” above regarding educational • Hancock County Utility Authority agencies of this nature). • Harrison County Utility Authority Some of the subordinate agencies and areas represent • Horn Lake Creek Basin Interceptor Sewer District “special taxing areas” within the territory of an established • Jackson County Utility Authority government. This method of financing additional services • Madison County Wastewater Authority in limited areas by property taxation, while also used by • Pattison Sewer District some municipal and township governments in a few states, is more widely utilized by county governments. In the list- • Pearl River County Utility Authority ing below of authorized county-related agencies, an aster- • Rankin County Utility Authority isk (*) appears for each entity of this kind—i.e., any that • St. Catherine Creek Utility Authority may individually serve a portion rather than all of a county • Southgate Sewer District and for which a tax may be levied against the assessed value of property in the area served. • Stone County Utility Authority • Tunica County Utility District Mississippi Coast Coliseum Commission (state)—This • West Jackson County Utility District commission was established by special act to provide and operate a multipurpose coliseum in Harrison County. Three • West Rankin Utility Authority (formerly West Rankin members are appointed by the Governor, two members by Metropolitan Water Supply and Sewer Authority) the Harrison County Board of Supervisors, one member by • V Lakes Utility District the Harrison County Municipal Association, and the execu- tive director of the Harrison County Tourism Commission These districts have appointed boards, ex officio offi- as an ex-officio nonvoting member. The commission cials, or a combination of both. All of these districts may receives revenue from rentals and other service charges; issue bonds and fix and collect fees. Some may levy from taxes on the gross receipts of restaurants, hotels, and assessments. motels in Harrison County; and from taxes on the sale of Water, Sewer, Garbage Disposal, and Fire beer and alcoholic beverages in Harrison County. Capital Protection Districts expenditures are financed through the issue of state gen- eral obligation bonds. These districts are created by the resolution of a single county after petition by landowners, public hearing, and Mississippi Home Corporation (state)—This corpo- upon voter demand, referendum—with two exceptions: ration, formerly named the Mississippi Housing Finance consolidated fire protection districts may be created by two Corporation, was formed to provide mortgage credit for or more counties, or a nonshare rural waterworks corpora- low- and moderate-income housing. A 13-member board tion may petition the county board of supervisors to pass a appointed by the Governor governs the corporation. The resolution converting it to a water district. Each district cre- corporation may fix and collect fees in connection with its ated under this law is governed by a five-member board of loans, and issue revenue bonds. commissioners appointed by the board of supervisors with one exception. In the case of nonshare rural waterworks corporations converting to a water district, the board is
164 Mississippi Governments—Individual State Descriptions Port commissions and authorities (county or munici- Mississippi Development Authority (formerly the pal)—The following port commissions and authorities, Department of Economic and Community Development) which provide and operate port facilities, are not counted Mississippi Development Bank as separate governments for Census Bureau purposes: Mississippi Educational Facilities Authority for Private City port commissions in Biloxi, Greenville, Nonprofit Institutions of Higher Learning Natchez, and Vicksburg—In the cities of Biloxi, Mississippi Hospital Equipment and Facilities Authority Greenville, Natchez, and Vicksburg, the city governing Mississippi Major Economic Impact Authority body serves ex officio as the city port commission. Mississippi Rural Electrification Authority County port authorities—County port authorities Mississippi Wayport Authority are governed by a seven-member board; two members Pat Harrison Waterway District are appointed by the Governor and five members are appointed by the county board of supervisors. Pearl River Basin Development District Pearl River Valley Water Supply District Hancock County Port and Harbor Commission— This commission operates Port Bienville. The seven- State port authorities (Port of Gulfport and Yellow Creek member board consists of two members appointed by Inland Port) the City of Bienville and five members appointed by the Tombigbee Valley Authority county board of supervisors. County Itawamba Port Authority—The Itawamba Port Adams County water and sewer districts Authority is governed by a five-member board appointed by the board of supervisors of Itawamba County. Airport authorities (county) Community hospitals (county) Pascagoula Port Commission and Jackson County Port Authority—The Pascagoula Port Commission oper- Convention and visitors bureaus (county) ates jointly with the Jackson County Port Authority and Convention bureaus in certain counties (county) is classified for Census Bureau purposes as part of that Development commissions (county) authority; the Jackson County Port Authority, in turn, is Economic development districts classified as an agency of Jackson County for Census Emergency communications districts (county) Bureau purposes. The Pascagoula Port Commission has one member appointed by the county, three appointed Emergency medical services districts (single county with by the city, and one appointed by the Governor. The ex officio boards) Jackson County Port Authority has five members Entertainment districts appointed by the county board and four appointed by Fire protection grading districts the Governor. Gas districts governed by the county governing body Port commissions in counties adjoining the Harrison County Correctional Facilities Finance Authority Mississippi River—Port commissions in counties Highway and street revenue bond authorities (county) adjoining the Mississippi River consist of seven mem- 2 bers appointed by the county board of supervisors. The Hinds County Community Health Foundation county board of supervisors, at its discretion, may levy Historic preservation districts an ad valorem tax for the support of county port authori- Hospital districts (county) ties and of port commissions in counties adjoining the Industrial development authorities Mississippi River. Jackson County Fair Board Other examples include: Mississippi Gulf Coast Fairgrounds Commission State Mosquito control commissions
Educational building corporations Neshoba County Industrial Development Authority Magnolia Capital Corporation Public health districts Mississippi Authority for Educational Television Rankin County Industrial Services District Mississippi Business Finance Corporation Recreational districts (certain counties) Mississippi Commission on Environmental Quality Regional economic development alliances Mississippi Commission on Marine Resources Regional mental health districts Mississippi Department of Information Technology Services Rice field mosquito control commissions (formerly the Central Data Processing Authority) *Separate road districts
Governments—Individual State Descriptions Mississippi 165 Southeast Mississippi Industrial Council Storm water management districts Special drainage district in Tallahatchie County Subdistricts of drainage districts (municipal) Special improvement districts in Tunica County Tourism commissions (lacking autonomy)
*Special service districts (roads) Joint City-County Storm water management districts Alcorn-Corinth Recreation Commission Subdistricts of drainage districts (county) Economic Development Authority for the First Judicial Supervisor districts (roads) District of Tallahatchie County Tallahatchie County Correctional Authority Economic Development Authority of Jones County Tourism commissions (lacking autonomy) Forrest County Industrial Park Commission Zoological park and garden districts Franklin County Economic Development Authority Municipal3 Harrison County Wastewater and Solid Waste Management District Airport authorities (municipal) Highway and street revenue bond authorities (city-county) Business improvement districts Natchez-Adams County Development Authority Capital City Convention Center Commission Philadelphia-Neshoba County Museum Council Consolidated fire districts Rails to trails recreational districts Convention bureaus in certain counties (municipal) Vicksburg Bridge Commission Convention and visitors bureaus (municipal) Other Development commissions (municipal) Emergency medical services districts (single municipality Agricultural districts in Mississippi are areas for the provi- with ex officio boards) sions of county services. The Metro Recreational Highway Authority is a planning organization. Entertainment districts Fire districts Mississippi laws also provide for various types of local Gas districts governed by the city governing body areas for election purposes and administration of justice. 1 Historic preservation districts Each of the following ten Mississippi counties has two county seats: Bolivar, Carroll, Chickasaw, Harrison, Hinds, Jasper, Jones, Hospital districts (municipal) Panola, Tallahatchie, and Yalobusha. 2 The Hinds County Community Health Foundation dissolved as Landscape improvement districts in the City of Jackson of April 5, 1999. Recreational districts (certain municipalities) 3 Authorizing legislation for local improvement taxing districts in Jackson has been repealed. Redevelopment authorities
166 Mississippi Governments—Individual State Descriptions Missouri
Missouri ranks seventh among the states in number of township are each counted as separate governments for local governments with 3,768 active as of June 30, 2012. Census Bureau purposes since each has distinct functions. The cities and towns in Missouri are divided into the fol- COUNTY GOVERNMENTS (114) lowing classes, based on their populations at the time of The entire area of the state is encompassed by county gov- incorporation: ernment with the exception of the city of St. Louis, which is • Constitutional charter—cities having 5,000 or more an independent city outside the area of any county and is inhabitants and cities with charters granted prior to counted for Census Bureau purposes as a municipal rather 1875 may adopt charters. than a county government. St. Louis County is a county • Third class—3,000 or more inhabitants. government but excludes the area of the city of St. Louis. • Fourth class—500 to 2,999 inhabitants. The county governing body is called the county commis- sion with two exceptions: in St. Louis County, the 1968 In addition, some cities operate under special charters charter provides for an elected county supervisor and enacted prior to the adoption of the Constitution of 1875. county council; and in Jackson County, the 1973 char- Changes in classification are not automatic; the municipal ter provides for an elected county executive and county government must elect to be reclassified. Towns created 1 legislature. by special law and having fewer than 500 inhabitants and Counties are generally divided into four classes on the villages having more than 200 inhabitants may become basis of their total assessed valuation, as follows: cities of the fourth class. There is no minimum population requirement for incorporation as a village. • Classification 1—$900,000,000 or more • Classification 2—$600,000 to $899,999,999 Township Governments (312) • Classification 3—less than $600,000,000, except for Counties of the third and fourth classes may have township five classification 4 counties governments upon petition of voters and after a referen- • Classification 4—counties that had attained classifi- dum. For these counties, the entire area of the county is cation 2 prior to August 13, 1988, and would other- encompassed by township governments. Townships in the wise revert to classification 3 because of changes in other Missouri counties are geographical areas only and are assessed valuation not counted as separate governments.
Any classification 2 county with an assessed value of more PUBLIC SCHOOL SYSTEMS (534) than $600,000,000 for more than one year may become a classification 1 county upon adoption of a resolution by the School District Governments (534) county governing body. The following types of school districts are counted as sepa- Any county having maintained classification 1 status for rate governments for Census Bureau purposes: at least two years and with a population of at least 85,000 Districts operating elementary and secondary schools: may adopt its own charter. • Seven-director school districts SUBCOUNTY GENERAL PURPOSE • Urban school districts GOVERNMENTS (1,266) The 1,266 subcounty general-purpose governments consist • Metropolitan school districts of the 954 municipal (city, town, and village) governments • Community college districts and the 312 township governments. • Special school districts for handicapped children Municipal Governments (954) An elected board of directors governs each seven- Municipal governments in Missouri are cities, towns, and director, urban, or metropolitan school district. These villages. All municipalities in Missouri exist within town- districts may levy ad valorem taxes and, upon voter ship areas except for the city of St. Louis (see below). approval, issue bonds. In Barton County, the city of Lamar is coterminous with the township City Township; however, the city and the
Governments—Individual State Descriptions Missouri 167 Community college districts, as authorized by 1961 leg- receive contributions from any political subdivision or the islation, are also counted as separate governments. Such federal government. a district is established upon petition of voters of one or more public school districts to the state board of education County Airport Authorities and after referendum. An elected board of trustees gov- Authorities to provide airports are established by resolu- erns each community college district. Community college tion of the county governing body. An elected board of districts may levy ad valorem taxes, charge fees, and issue directors governs each authority. The authority may fix bonds. fees and rents for its services, issue revenue bonds, and Legislation also provides that special school districts for upon voter approval, levy ad valorem taxes. handicapped children may be established upon petition of voters to the state board of education after referendum. County Joint Recreational Lake Authority Vocational training may also be provided by these spe- This authority to construct, operate, and maintain recre- cial schools. Special school districts may issue bonds and ational lakes and related facilities in Cape Girardeau and levy ad valorem taxes. Such a district, administered by an Bollinger Counties was established by a 1990 special act. elected board, is counted as a school district government An elected board governs the authority. The authority may for Census Bureau reporting. charge fees and rents, receive state and local appropria- tions, use tax increment financing, issue revenue bonds, Dependent Public School Systems (0) sell water, and after voter approval, levy a sales tax. Missouri has no dependent public school systems. County Land Trusts Other Educational Activities A 1943 act allows St. Louis County and the city of St. Louis School districts that operate an accredited high school may to establish a land trust to administer and sell tax delin- also, with approval of the coordinating board of higher quent lands. A land trust is governed by three trustees, education, provide two-year college courses. one appointed by the county commission or executive, one appointed by the city council, and one appointed by the SPECIAL DISTRICT GOVERNMENTS (1,854) board of directors of the school district with the largest population. The trust may receive revenue from land rent- Missouri statutes authorize the creation of a variety of als, leases, and sales. special districts or authorities that are counted as govern- ments for Census Bureau statistics. These are discussed in County Library Districts detail below. Districts of this type are now included below under “Library Ambulance Districts Districts.”
Districts to provide ambulance service in rural areas, exclud- County Transit Authorities (first class ing counties that have a population of 400,000 and had counties) not formed an ambulance districts prior to August 1, 1998, may be established by the county commission on petition County transit authorities may be established by ordinance of voters and after public hearing and local referendum. of the governing body of a county of the first class. Each Additionally, fire protection districts in St. Louis County may authority is governed by five members appointed by the establish ambulance districts after a public hearing and creating county’s governing body. An authority may charge referendum. An elected board of directors governs each and collect fees, levy and collect proceeds of a sales tax, district. The district may impose charges, levy ad valorem or and issue bonds. sales taxes, and after voter approval, issue bonds. Drainage Districts Bi-State Metropolitan Development District Missouri statutes authorize the following types of drainage This district was authorized by a compact between Illinois districts: and Missouri to plan, construct, and operate passenger Drainage districts—Drainage districts are created by transportation facilities, bridges, tunnels, industrial parks, the county circuit court upon petition of landowners in airports, and terminal facilities and to plan and establish contiguous lands in one or more counties. An elected policies for sewage and drainage facilities and coordina- board of supervisors governs each district. The district tion of streets and highways, recreation facilities, parking may charge fees, levy taxes based on benefits and issue facilities, etc. in the area it serves. The governing body is a bonds. Drainage districts administered by the county board of commissioners consisting of five commissioners court, however, are not counted as separate govern- appointed by the governor of each state. The district may ments for Census Bureau purposes. See “Subordinate issue bonds, fix and collect fees for use of facilities, and Agencies and Areas” below.
168 Missouri Governments—Individual State Descriptions Subdistricts may also be formed and administered in Greater Kansas City Port District and the same manner as main districts. Subdistricts are also Authority counted as special district governments. This authority is described under “Kansas—Special District Mine drainage districts—The circuit court, upon peti- Governments.” tion of landowners in lands in one or more counties, may create districts to drain lands for mining. An elected Hospital Districts board of supervisors governs each district. The district These districts are established in counties of fewer than may impose special taxes based on minerals produced 400,000 inhabitants by the county commission upon peti- or processed, and may issue bonds. tion of voters and after public hearing and local referendum. Sanitary drainage districts—The provisions of this An elected board of directors governs each district. The dis- law apply to cities having 300,000 inhabitants or more trict may fix, charge, and collect fees; levy ad valorem taxes; and to counties adjoining such cities. The districts are and issue bonds with the approval of the voters. established by the circuit court on petition of the mayor Housing Authorities and the legislative body of the city and/or the county commission after referendum. A board of trustees gov- Housing authorities may be created on resolution of erns each district; the county commission, the circuit municipal or county governing bodies upon petition of tax- court, and the mayor each appoint one trustee. The payers. A board of commissioners appointed by the mayor district board fixes the amount of special drainage taxes or the county commission governs each authority. Housing to be collected and may issue bonds upon approval of authorities may issue bonds, collect rents and charges for the county commission. the use of their facilities, and accept federal grants.
Drinking Water Supply Lake Authority Jackson County Sports Complex Authority (Sullivan County) This authority was authorized under a 1965 law. A board This authority was established by a 2011 act of the legis- of five commissioners appointed by the Governor, with the lature to construct, operate, and maintain a drinking water consent of the senate from a panel of names submitted by supply lake. The water commission owning the reservoir the county commission, governs the authority. The author- appoints members to govern the authority. The authority ity may collect fees and rents, receive contributions and may fix rates, fees, and charges; adopt tax increment financ- appropriations, and issue bonds. ing; may sell water supply; and may issue revenue bonds. Joint Municipal Utility Commissions Exhibition Center and Recreational Facility These commissions are created by joint contract between Districts two or more municipal governments, public water supply Districts to fund, maintain, and operate exhibition centers districts, and sewer districts to develop and operate public and recreational facilities may be created by the governing utilities. The governing body is a board of directors whose bodies of one or more counties meeting certain population composition and method of selection is determined by the criteria, on petition of landowners and after a hearing. A contract. The district may fix charges and issue revenue board of trustees appointed by the governing bodies of bonds after approval by referendum in each participating member counties governs each district. Districts may issue municipality. bonds, collect fees, and, upon voter approval, may impose a sales tax. Kansas City Area Transportation Authority This authority was authorized by interstate compact Fire Protection Districts between Kansas and Missouri and was approved by both These districts are established in contiguous lands in all or states and the U.S. Congress in 1965 to provide transit parts of one or more counties by the county circuit court service in the Kansas City area. A board of commissioners, on petition of voters and after public hearing and local five from each state, administers the authority. The author- referendum. Districts may also provide ambulance service ity may collect fares and other charges, accept appropria- with voter approval of an additional ad valorem tax to tions and grants, and issue revenue bonds. cover the costs of the service. An elected board of directors governs each district. The district may levy property taxes Levee Districts and issue bonds with voter approval. In some cases, with Missouri statutes provide two alternative methods of voter approval, districts may levy a sales tax. Districts may establishing levee districts: by petition of landowners to contract with contiguous municipalities to provide services the circuit court; or by resolution of the county commis- for a fee; voter approval may be required. sion. A board of five elected supervisors governs each dis- trict established by the circuit court. A board of directors
Governments—Individual State Descriptions Missouri 169 appointed by the county commission governs each district appointed by the governors of each state respectively, established by the county commission. Both types of levee governs the district. The district may impose fees and rents districts may issue bonds and may, after a hearing, levy and, after voter approval, may issue revenue bonds and benefit assessments. levy sales taxes.
Subdistricts may also be formed and administered in Missouri-Kansas Development District and the same manner as main districts. Subdistricts are also Agency counted as special district governments. This district is described under “Kansas—Special District Library Districts Governments.”
Missouri statutes provide for the following types of library Nursing Home Districts districts: These districts are established in counties of 400,000 or • City-county libraries fewer inhabitants by the county commission upon petition • Consolidated public library districts of voters, followed by a public hearing and local referen- • County library districts dum. An elected board of directors governs each district. The district may fix charges for services, levy ad valorem • Municipal library districts taxes, and, with the approval of the voters, issue bonds. • Urban public library districts Parks, Trails, and Greenways Districts City-county libraries are established by petition of an (Jackson County) existing city library board to the county governing body in a county with a population under 250,000 inhabitants Parks, trails, and greenways districts may be established and already having a county library district. County library in Jackson County following a referendum. An appointed districts are created by the county commission on petition board of directors governs the district where one member of voters after local referendum. Alternatively, county library is appointed by the county executive of Jackson County, districts may be established upon resolution of the county two by the mayor of Kansas City, and four by the mayors governing body. Municipal library districts are established of the next five most populous cities on a rotating basis. by petition of voters to the city governing body after voter Districts may charge for use of facilities and levy a sales approval. Urban public library districts are established by tax authorized by the creating referendum and collected by resolution of a nine-member school district board after voter the state director of the department of revenue. A district approval. Two or more county library districts may form a may issue revenue and refunding bonds. No districts of consolidated public library district upon petition of voters this type were reported in existence as of June 30, 2012. and after a referendum and approval by the participating counties’ governing bodies. A board appointed by the gov- Regional Convention and Visitors Commission erning bodies of the cities or counties served governs each This commission to promote conventions and tourism in of these types of library districts. These districts may levy St. Louis city and St. Louis County was established by a ad valorem taxes with voter approval, and issue bonds. 1984 special act. The commission is appointed by the gov- erning bodies of St. Louis city and St. Louis County, plus an Metropolitan Park and Recreation Districts additional member appointed by the governor. The com- Districts may be formed in St. Louis County, or any county mission may collect fees and charges for its services and, within the standard metropolitan statistical area of St. Louis after voter approval, may levy a hotel-motel sales tax. County, after a referendum. The governing body of each district consists of members appointed by the executive of Regional Cultural and Performing Arts participating counties. A district may establish and col- Development District lect charges and fees, and may issue bonds. The govern- This district to encourage cultural institutions in St. Louis ing body of any county located within such a district may city and St. Louis County was established by a 1984 special impose a sales tax with voter approval. act. A board of commissioners appointed by the governing bodies of St. Louis city and St. Louis County governs the Missouri and Kansas Metropolitan Culture and district. The district may accept funds and grants and, after Recreation District voter approval, levy a hotel-motel sales tax. This district to provide cultural and recreational facilities is established by ratification of a compact by Missouri and Regional Economic Development Districts Kansas and after petition by voters or resolution of the A regional economic development district may be estab- governing body of the county or counties to be served. An lished by the governing bodies of two or more cities or appointed board of commissioners, composed of mem- counties by enactment of identical ordinances or by mutual bers of the participating governments plus two members agreements. A district is governed by a board consisting of
170 Missouri Governments—Individual State Descriptions members appointed by the chief executive officer or mayor governments and most classification 1 counties are of each participating county or city. A district may issue excluded from the provisions of this law. The district revenue and refunding bonds and, upon voter approval, must have a city, town, or village of fewer than 100,000 may levy a sales tax to be collected by the state director of inhabitants within its area and that area may not exceed revenue on the district’s behalf. 8 square miles. A board of commissioners appointed by the mayor, the city council, and the county commission, Regional Port Authorities and is later elected, governs each district. The county Regional port authorities serving two or more counties or and the municipalities within the districts are required to cities are formed by application of participating counties give the districts a portion of fees collected for certain or cities to the state highways and transportation com- business licenses, as well as a portion of the county mission. A board of commissioners governs each port road and bridge tax. The district may issue bonds with authority; the number of commissioners and the method of voter approval. selecting them is specified in the agreement among partici- Special road subdistricts—Subdistricts of this type pating counties or cities. An authority may issue bonds and are established by county ordinance after petition of may levy either a sales tax or ad valorem tax, or both. landowners and a public hearing. A board of commis- Port improvement districts may be created and directly sioners initially appointed by the county commission, administered by regional port authorities and are not but thereafter elected, governs each subdistrict. The counted as separate governments for Census Bureau subdistricts may, upon voter approval, levy ad valorem purposes. taxes and issue bonds.
Authorities serving a single county or city are not counted St. Charles County Convention and Sports as separate governments for Census Bureau purposes. See Facility Authority “Subordinate Agencies and Areas” below. This authority to provide convention, visitor, and sports facilities in St. Charles County was established pursuant to Regional Recreation Districts special act by order of the county governing body. A board Regional recreation districts may be created by the county of commissioners appointed by the governor, with the governing body on petition of residents after a public hear- advice and consent of the senate, governs the authority. ing and referendum. Districts of this nature may include The authority may impose fees and rents; receive federal, land in one or more counties but may not be formed in state, and local contributions; and issue revenue bonds. St. Louis, Greene, St. Charles, and Cole Counties and St. The governing body of the county that created the author- Louis city. A board of directors appointed by the county ity may, upon voter approval, impose a hotel tax on behalf executive, except if such a district is organized in Clay of the authority. County where the board is elected, governs each district. A district may issue general revenue bonds and, upon voter St. Louis Regional Convention Center and approval, levy and collect sales or ad valorem taxes. Sports Complex Authority This authority was authorized by a 1988 act of the leg- Road Districts islature to provide convention centers, stadiums, field Missouri statutes authorize the following types of road houses, and related facilities for both St. Louis County and districts: St. Louis city. A board of commissioners consisting of up to three members appointed by the mayor of the city of Benefit assessment special road districts—There St. Louis, up to three appointed by the chief executive of are two laws (one applicable to counties with township St. Louis County, and up to five appointed by the gover- organization, the other to counties not having town- nor, governs the authority. The authority may impose fees ship organization) authorizing this type of road district. and rents, receive state and local appropriations (includ- Both laws provide for the creation of these districts by ing the proceeds of county and city hotel-motel taxes, the county commission on petition by landowners and, after voter approval), and issue bonds. in some cases, after referendum. An elected board of commissioners governs each district. The district may Sewer Districts levy special benefit assessments and issue bonds with the approval of the voters. Districts located in Clay and A 1961 law provides that sewer districts may be estab- Platte Counties receive a portion of the county road and lished in classification 2 counties by the circuit court upon bridge tax revenue. petition of voters and after public hearing. An elected board of supervisors governs each district. Sewer districts Special road districts—These districts may be created may petition the county circuit court to provide common by the county commission upon petition of voters and public water supply. The district may levy ad valorem after referendum. Counties having organized township taxes, fix rates and charges, levy special assessments,
Governments—Individual State Descriptions Missouri 171 and issue bonds with the approval of the voters. In addi- Tourism Community Enhancement Districts tion, sewer districts may be established in counties having Tourism community enhancement districts are created on 700,000 to 1,000,000 inhabitants (St. Louis County) by the ordinance by the governing body of the county, city, town, circuit court upon petition of voters and after a hearing. An or village in the Branson area, upon petition of the voters elected board of three trustees governs each district. The and after a hearing. The district is governed by a board of district may fix the amount of ad valorem taxes and issue seven directors, selected by both the governing bodies of bonds with voter approval. the city, town, or village and the county that collected the The St. Louis Metropolitan Sewer District was authorized largest and second largest amount in retail sales taxes. by the state constitution and approved by voters in 1954. The district may accept gifts, grants, loans, or contribu- A board of trustees consisting of three members appointed tions, and upon voter approval, may impose a sales tax. by the mayor of St. Louis city and three by the county The Branson/Lakes Area Tourism Community Enhancement executive governs the district. The district may levy prop- District was created under this act. erty taxes and special benefit assessments, and fix rates and charges for services. Bond issues must be approved by Transportation Development Districts the voters. Districts to develop highway, water, air, railroad, and transit facilities are established by the county circuit court upon Soil and Water Conservation Districts petition of voters or resolution of the governing body of These districts are established by the state soil and water a local transportation-related agency after a referendum, districts commission upon petition of landowners and and in some cases, a hearing. An elected board of directors after public hearing and local referendum. A board of four governs each district. The district may levy special assess- elected supervisors, plus the county agricultural exten- ments, ad valorem taxes, retail sales taxes, tolls and fees, sion agent serving ex officio, administers each district. The and, after voter approval, and may issue bonds. district may receive appropriations and gifts, grants, and contributions. Water Conservancy Districts
Watershed subdistricts to provide watershed protection and These districts may be created by the county circuit court flood control may be established upon petition of landown- in any city with fewer than 450,000 inhabitants and any ers to the supervisors of a soil and water conservation dis- county not containing such a city, upon petition of resi- trict after hearing and referendum. An elected board of trust- dents or public corporations after a hearing and referen- ees governs each district. The districts may levy ad valorem dum. A board of trustees with six members elected and taxes, collect special assessments, and issue bonds. two appointed by the governor, with consent of the senate, governs each district. The district may levy ad valorem Street Light Maintenance Districts taxes, charge fees, and, upon voter approval, issue general obligation bonds. These districts may be created in classification 1 counties by the county commission upon petition of voters and after Water Supply Districts public hearing and local referendum. An elected board of directors governs each district. The district may levy ad Metropolitan water supply districts or public water sup- valorem taxes. ply districts are created by the circuit court on petition of voters after hearing and local referendum. Metropolitan Theater, Cultural Arts, and Entertainment water supply districts provide water on a larger scale. Districts Additionally, both types of districts may petition the county circuit court to provide sewerage treatment facilities. An Theater, cultural arts, and entertainment districts may be elected board of directors governs each district. The dis- established in any county or city, town, or village within trict may fix rates and charges for services, determine the such a county that meets certain population and gover- amount of ad valorem taxes to be levied, and, upon voter nance requirements. Districts may be formed through approval, issue bonds. resolution of the governing body of a county, city, town, or village, or by the circuit court, on petition of voters, after a Zoological Districts hearing and referendum. A board of directors appointed by the mayor or chairman with consent of the governing body Two zoological districts have been created by special act: governs each district. A district may issue bonds and, upon Kansas City Zoological District—This district was voter approval, impose a sales tax. Subdistricts may be established to maintain the facilities of the Kansas City formed but are not counted as separate governments for zoo. The district was established upon resolution and Census Bureau purposes. petition of the voters to the governing bodies of coun- ties in the Kansas City area and after a referendum. The district is governed by a commission consisting of
172 Missouri Governments—Individual State Descriptions appointed members from participating counties’ govern- general, all of whom serve in an ex officio capacity. The ing bodies, plus one member from the Kansas City, MO, commission may fix fees and charges, receive appropria- board of parks and recreation, the executive director of tions and grants, make mortgage loans, and issue revenue the Kansas City zoo, plus one member appointed by the bonds. governing body of each participating county. The district Other examples include: may impose a sales tax, authorized during the creating referendum, and, after 5 years in existence and upon State2, 3 voter approval, may issue bonds. Forest cropland districts Metropolitan Zoological Park and Museum Missouri Agricultural Small Business Development District—This district, authorized by general law appli- Authority cable to St. Louis city and St. Louis County, is estab- Missouri Board of Public Buildings lished by elected officials of the two governments upon petition of voters and following referendum. A board of Missouri Coordinating Board for Higher Education eight commissioners, four of whom are appointed by Missouri Development Finance Board the mayor of St. Louis city and four are appointed by Missouri Employers Mutual Insurance Corporation the chief executive officer of St. Louis County, governs Missouri Family Trust the district. The district may levy ad valorem taxes and issue bonds upon voter approval. The district is divided Missouri Investment Trust into subdistricts that are classified as adjuncts of the Missouri Public Entity Risk Management Fund parent district for Census Bureau reporting and are not Second State Capitol Commission counted as separate governments. State Environmental Improvement and Energy Resources SUBORDINATE AGENCIES AND AREAS Authority Tobacco Settlement Financing Authority Shown below are various governmental designations that have certain characteristics of governmental units but that Transportation corporations are classified in Census Bureau statistics as subordinate County agencies of the state or local governments and are not counted as separate governments. Legal provisions for Area revitalization authorities some of the larger of these are discussed below. Common road districts (county)
Health and Education Facilities Authority (state)— Common sewer districts This authority was established by act of the general assem- County health centers bly to finance the construction of buildings for health and Drainage districts under county court higher education institutions. A board of seven members Economic development districts appointed by the governor with the consent of the sen- ate governs the authority. The authority may lease facili- Economic stimulus authorities (St. Louis County) ties to participating institutions; fix rates, rents, fees, and Emergency telephone boards charges; make mortgage loans; and issue revenue bonds. Homeless assistance programs (Jackson, St. Charles, and St. Louis Counties) Higher Education Loan Authority (state)—This author- ity was established by act of the general assembly to Industrial development corporations and authorities (county) finance student loans and to promote innovative technol- Neighborhood improvement districts (county) ogy in higher education. A board of seven members, five Port authorities (single county) of whom are appointed by the governor with the consent Regional jail districts of the senate, plus a member of the coordinating board for higher education and the state commissioner of higher Regional taxicab districts (St. Louis County) education, serving ex officio, governs the authority. The Senior citizens’ services boards authority may fix fees and charges in connection with its Sewer districts in counties having 500,000 to 700,000 loans and may issue revenue bonds. population (Jackson County) Missouri Housing Development Commission Sheltered workshop boards (state)—This commission was established by act of the Solid waste management districts general assembly to provide mortgage credit for low- and moderate-income housing. The commission consists of Municipal nine members, six of whom are appointed by the governor Community improvement districts with the consent of the senate, plus the governor, the lieu- Economic stimulus authorities (municipal) tenant governor, the state treasurer, and the state attorney
Governments—Individual State Descriptions Missouri 173 Industrial development corporations and authorities Township (municipal) Common road districts (township) Land reutilization authorities (St. Louis city) Municipal Redevelopment Authority Missouri laws also provide for various types of local areas for election purposes and administration of justice. Neighborhood improvement districts (municipal) 1 Although the state Constitution refers to the county governing Planned industrial expansion authorities—cities with more body as the “county court,” the statutes indicate specifically that than 400,000 population the term “county court” refers to the county commission. 2 The legislation authorizing the Missouri Access to Higher Port authorities (single city) Education Trust was repealed in 2011. Sheltered workshop boards (St. Louis city) 3 The legislation authorizing the Missouri Rail Improvement Authority was repealed in 1995. Special business districts Tax increment financing commissions
174 Missouri Governments—Individual State Descriptions Montana
Montana ranks twenty-sixth among the states in number of • Elementary districts (156) local governments with 1,265 active as of June 30, 2012. • County high school districts (5)
COUNTY GOVERNMENTS (54) • Community college districts (3) • K–12 school districts (155) The entire area of the state is encompassed by county government, except for Anaconda-Deer Lodge County and An elected board of trustees governs each school district Butte-Silver Bow County, which are counted as municipal of the above types. School districts may levy taxes and governments in census statistics.1 The governing body of issue bonds. counties with county government is called the board of Some elementary districts also provide for secondary edu- county commissioners. Counties may operate under home cation through “high school districts.” A high school district rule powers as charter governments. consists of territory in one or more elementary school SUBCOUNTY GENERAL PURPOSE districts. A high school district is governed by the school GOVERNMENTS (129) board of the elementary district serving ex officio and, in some instances, may have additional members elected Municipal Governments (129) by residents of territory not embraced by the elementary district. High school districts are not counted as separate Municipal governments are the cities and towns. They are governments and are classified as dependent activities of divided into the following classes according to popula- the elementary district(s) for which they serve. tion size: Each elementary district with the same district boundaries • First class—10,000 inhabitants or more as a high school district is required to attach to the high • Second class—5,000 to 9,999 inhabitants school district to form a K–12 school district. The K–12 • Third class—1,000 to 4,999 inhabitants school districts have elected boards and powers similar to • Towns—300 to 999 inhabitants those of county high school districts. Under certain circum- stances a high school district may be created for the sole Cities with between 9,000 and 10,000 in population may purpose of converting an elementary school district into a choose, by resolution of the city council, to be either first K–12 school district. or second class; cities with between 5,000 and 7,500 in population may choose, by resolution of the city council, In addition, any county high school may be unified with the to be either second or third class; and cities and towns elementary district where the county high school build- with between 1,000 and 2,500 in population may choose, ing is located to establish a unified school system with a by resolution of the governing body, to be either cities or unified board of trustees. These districts are formed after towns. Generally, an area proposing incorporation must referendum. have a minimum of 300 inhabitants, meet a minimum pop- Community colleges are operated by community college ulation density, and contract a postal unit, or other similar districts. These districts are established upon voter peti- unit operated by or under contract with the United States tion to the state board of regents and after referendum. An Postal Service. Municipalities may operate under home rule elected board of trustees governs each district. Community powers as charter governments. college districts may levy taxes and issue bonds.
Township Governments (0) Dependent Public School Systems (0) Montana has no township governments, although the term Montana has no dependent public school systems. “township” is applied to certain geographic subdivisions for the election of some county government officers. Other Educational Activities
PUBLIC SCHOOL SYSTEMS (319) The full service education cooperatives (formerly called special education cooperatives) are created by contract School District Governments (319) between participating school districts to provide special education services. A joint board consisting of appointed The following types of school districts are counted as sepa- representatives of each participating school district rate governments for Census Bureau purposes: governs each cooperative. These cooperatives receive
Governments—Individual State Descriptions Montana 175 contributions from the state and the participating school district are entitled to one vote. In addition, the mayor of districts. Full service education cooperatives are classi- each municipality in the district appoints one additional fied as joint educational service agencies of the partici- member and the board of county commissioners appoints pating school districts and are not counted as separate one member from any unincorporated territory within the governments. district. The districts fix rates and charges for services and levy assessments on lands benefited by the district. With The governing body of an elementary school district, high voter approval, the districts may issue revenue and general school district, county, or municipality not within a com- obligation bonds. The county commissioners are required munity college district may designate itself a community by law to levy property taxes to pay for any bond deficits. college service region for the purpose of levying a property tax to finance services from a community college district. Drainage Districts These regions are not counted as separate governments. Drainage districts are created by the district court upon SPECIAL DISTRICT GOVERNMENTS (763) petition of landowners and after hearing. An elected board of commissioners governs each district. The districts may Montana statutes authorize the creation of a variety of issue bonds and levy assessments. special districts or authorities that are counted as govern- ments. These are discussed in detail below. Fire Districts Conservation Districts These districts are created by the board of county com- missioners after petition and hearing. An elected board of These districts are established by the state department trustees governs each district. The county commission- of natural resources and conservation, upon petition of ers set the property tax rate needed to raise the revenues residents, after public hearing and local referendum. An required by the district. A district may issue bonds. elected board of supervisors governs each district. The districts may levy special assessments, issue bonds with Fire districts governed by the county governing body serv- voter approval, and require contributions from landowners ing ex officio are not counted as separate governments. benefited by district activities. See “Subordinate Agencies and Areas” below.
Conservancy Districts Fire Service Areas Conservancy districts to provide water conservation and Areas to provide fire protection are created by resolution flood control facilities are established by the district court of the county commissioners upon petition of property upon petition of landowners after public hearing and local owners and after public hearing. A board of trustees, referendum. A board of directors appointed by the dis- either elected by the property owners or appointed by the trict court governs each district. The districts may levy ad county commissioners, governs each fire service area. The valorem taxes, collect service charges, and, upon voter service area boards may issue special obligation bonds. approval, issue bonds. These districts may also be called The county commissioners set the rates and assessments “flood control districts” or “dike districts.” needed to raise the revenues required by the district.
County Park Districts Fire service areas that are governed by the county board of commissioners are not counted as separate governments. These districts are created by resolution of the county gov- See “Subordinate Agencies and Areas” below. erning body upon voter petition and after public hearing. The districts may serve an entire county, part of a county, Housing Authorities or territory in more than one county. The districts are gov- County governing bodies may establish housing authori- erned by at least three commissioners who are popularly ties by resolution upon petition of county residents and elected. The districts may set property taxes and fees and after a public hearing. A municipality may be included in may issue bonds. the county housing authority if the voters approve. A board County Water and Sewer Districts of commissioners appointed by the county commission- ers governs each authority. Housing authorities may issue County water and/or sewer districts may serve one or bonds and may fix rents and charges. more counties, a portion of a city or county, a portion of a city and county, or any combination of these. Districts Municipal governing bodies may establish housing authori- may be created by the board of county commission- ties upon petition of municipal residents and after public ers upon petition of the voters or property owners after hearing and referendum. Other municipalities may partici- hearing and referendum. The district governing body is a pate after passage of a resolution by the governing body. board of directors of three or five members that is popu- The authorities are each governed by a board of seven larly elected; corporations owning real property in the commissioners appointed by the mayor. Housing authori- ties may issue bonds and fix rents and charges.
176 Montana Governments—Individual State Descriptions Irrigation Districts county commissioners governs each district. The districts may determine the amount of revenue to be raised from ad Irrigation districts are established by the district court valorem taxes. upon petition of landowners and after holding a hearing. An elected board of trustees governs each district. The Public Hospital Districts districts may levy ad valorem taxes and issue bonds. Two or more irrigation districts may operate under a joint board These districts are established by the board of county com- of control. Districts organized under earlier laws operate missioners upon petition of property owners after public under the provisions of this law. hearing and referendum. An elected board of trustees governs each district. The districts may collect rates for Joint Solid Waste Management Districts services, issue bonds, and determine the amount of rev- enue to be raised from ad valorem taxes. Joint solid waste management districts may be created by resolution of two or more boards of county commission- Public Library Districts ers. A board of directors, appointed by the county com- missioners governs each district. Each county commission Public library districts are created upon voter petition or appoints one county commissioner, one representative for resolution of the county governing body and after pub- each incorporated city or town, one representative of each lic hearing and referendum. A popularly elected board county or city board of health, and any other representa- of trustees governs each district. The districts may levy tives agreed to by the participating counties. In addition, property taxes. municipalities that contract for services and are not located in a participating county may be represented on the board. Railway Authorities The districts may issue bonds and may set service charges. County rail authorities may be created for the preserva- The counties are required to levy property taxes to service tion and improvement of abandoned rail lines for future the bonds. These districts may also be known as “joint use. The authorities are created by resolution of the county refuse disposal districts.” board of commissioners after a public hearing. Each authority is governed by a board of directors appointed Solid waste management districts created by a single by the board of county commissioners. The authorities county, which may include municipalities in the district, are may levy an ad valorem property tax with voter approval not counted as separate governments. See “Subordinate and may fix and collect fees and charges for services. The Agencies and Areas” below. authorities may issue bonds.
Local and Regional Port Authorities Regional rail authorities may be created by two or more These authorities to provide transportation terminals counties. The directors are appointed jointly by the partici- are established by resolution of the governing body of pating counties. The regional rail authorities operate under a county or municipal government. A board of commis- the same revenue provisions as the county rail authorities. sioners, either appointed by the governing body of the establishing government or elected by the voters, governs Regional Airport Authorities and Joint Airport each authority. The authorities may fix fees and rentals, Boards request ad valorem tax levies, and issue bonds. The creat- These authorities may be created by joint resolution of ing government is required by law to levy ad valorem taxes two or more municipal or county governing bodies after to pay for any bond deficits. Similar provisions apply to a public hearing. A board of commissioners appointed regional port authorities, which serve two or more local by the governing bodies of the member municipalities governments. governs each authority. An authority may issue revenue bonds and impose service charges. In addition, participat- 2 Montana Municipal Interlocal Authority ing municipalities shall and participating counties may levy This authority to provide an insurance pool for participating ad valorem taxes to meet fiscal needs as certified by an municipalities was established under a general law autho- authority. Joint airport boards are similarly established. rizing agreements between local governments. A board consisting of representatives appointed by participating cit- Regional Water and Wastewater Authorities ies governs the authority. The authority may assess premi- Authorities to provide for water supply or wastewater treat- ums on participating cities and issue revenue bonds. ment may be formed by two or more political subdivisions through an intergovernmental agreement and the passage Public Cemetery Districts of ordinances, resolutions, or other appropriate action. Public cemetery districts are created by county resolution The authorities are governed by a board with a minimum upon landowner petition and after a public hearing and of three members that include at least one representative referendum. A board of trustees appointed by the board of for each member government. Authorities may fix rates
Governments—Individual State Descriptions Montana 177 and charges, as specified in the agreement, and may issue Montana Board of Housing (state)—This board was revenue bonds. established to provide mortgage credit for low-income housing. The board consists of seven members appointed Resort Area Districts by the governor with the consent of the senate. The board These districts serve portions of one or more counties. The may collect interest, fees, and charges; make mortgage creation of these districts is initiated by voter petition fol- loans; and issue revenue bonds. lowed by a public hearing, referendum, and county reso- Other examples include: lution. Each district is governed by a board of popularly elected directors. The districts receive a voter-authorized State resort tax and may issue bonds. Forest fire protection districts Television Districts Montana Agricultural Loan Authority Montana Board of Investments Television districts construct, operate, and maintain televi- sion translator stations. These districts may include a part Montana Facility Finance Authority or all of any county, or may include areas in more than one Montana Higher Education Student Assistance Corporation county, and may include any municipality located within County such county or counties. The districts are created by the board of county commissioners upon petition of voters and Aerospace transportation and technology districts (county) after public hearing and referendum. A board of trustees Business improvement districts (county) appointed by the board of county commissioners governs County airport authorities each district. The districts may levy ad valorem taxes and issue bonds. County building commissions County boards of health Urban Transportation Districts County museum districts Urban transportation districts are established upon voter County board of park commissioners petition to the county clerk and after a hearing and refer- District boards of health endum. The district is governed by a transportation board; the county commissioners and the governing bodies of Fair districts each city or town included, or partially included, in the Fire districts governed by county commissioners district determine if the board is elected or appointed. The Fire service areas governed by county commissioners districts may levy ad valorem taxes and issue revenue and Herd districts general obligation bonds. Horse herd districts SUBORDINATE AGENCIES AND AREAS Joint fair and civic center commissions Shown below are various governmental designations that Livestock protective districts have certain characteristics of governmental units but Local improvement districts that are treated in Census Bureau statistics as subordi- Local water quality districts (county) nate agencies of the state or local governments and are *Metropolitan sanitary and storm sewer districts not counted as separate governments. Legal provisions for some of the larger of these are discussed below (see Mosquito control districts “Public School Systems” above regarding educational agen- Multijurisdictional service districts (county) cies of this nature). Public library boards of trustees (county) Among the subordinate agencies and areas listed below, Regional resource authorities some represent “special taxing areas” within the territory of Road districts an established government. This method of financing addi- Road improvement districts—1989 law tional services in limited areas by property taxation, while also used by some municipal and township governments Rodent control districts in a few states, is more widely utilized by county govern- Rural improvement districts ments. In the listing below of authorized county-related Solid waste management districts (created by county) agencies, an asterisk (*) appears for each entity of this Technology districts (county) kind—i.e., any that may individually serve a portion, rather *Weed control and weed extermination districts than all of a county and for which a tax may be levied against the assessed value of property in the area served.
178 Montana Governments—Individual State Descriptions Municipal Joint City-County
Aerospace transportation and technology districts City-county boards of health (municipal) Public library boards of trustees (joint) Business improvement districts (municipal) Multijurisdictional service districts (joint) City parking commissions Transportation improvement authorities Fire hydrant maintenance districts Private associations Industrial districts Local water quality districts (consolidated city-counties) The agricultural cooperative districts and Montana state grazing districts are classified, for Census Bureau pur- Multijurisdictional service districts (municipal) poses, as private associations and are not counted as Municipal airport authorities governments. Municipal park commissions (cities of the first and Montana laws also provide for various types of local areas second class) for election purposes and administration of justice. Park maintenance districts 1 The city of Walkerville, located within the area of the former Public library boards of trustees (municipal) county of Silver Bow, continues to exist as a separate government. 2 Prior to July 1, 2009, this district was named the Montana Special improvement districts Municipal Insurance Authority. Technology districts (municipal) Urban renewal agencies
Governments—Individual State Descriptions Montana 179 Nebraska
Nebraska ranks fifteenth among the states in number of Township Governments (417) local governments with 2,581 active as of June 30, 2012. Township governments exist in 25 of the 93 counties. COUNTY GOVERNMENTS (93) Within these 25 counties, township governments do not cover the entire area of the counties: some cities, but not There are no areas in Nebraska lacking county government. all, exist outside the area of any township. Three elected The county governing body is called the board of commis- officials—the assessor, the chairperson of the board, and sioners, except in counties where voters have elected to the treasurer—compose the township board. have a county under township organization, in which case the governing body is called a board of supervisors. PUBLIC SCHOOL SYSTEMS (272)
SUBCOUNTY GENERAL PURPOSE School District Governments (272)1 GOVERNMENTS (947) The following types of school districts are counted as sepa- Municipal Governments (530) rate governments for Census Bureau purposes: Municipal governments in Nebraska include cities, villages, • Class II—population of 1,000 or fewer and municipal counties. Township governments exist in • Class III—population of 1,001 to 149,999 some counties. In such counties, all villages and some, but • Class IV—population of 100,000 or more in primary not all, cities exist within the township areas. The state cities constitution grants cities with a population of more than • Class V—population of 200,000 or more in metropoli- 5,000 inhabitants the authority to write their own charter. tan cities Cities are divided into the following four classes according • Community college areas to population size: • Educational service units • Metropolitan—300,000 inhabitants or more (Omaha) • Unified school systems • Primary—100,001 to 299,999 inhabitants (Lincoln) An elected board governs each school district. Nebraska • First class—5,001 to 100,000 inhabitants school districts may levy local ad valorem school taxes and • Second class—801 to 5,000 inhabitants borrow money. Learning community coordinating councils determine and distribute property tax receipts to member Villages are municipal governments with 100 to 800 school districts. inhabitants. The minimum population required for incorpo- ration is 100. Second class cities may elect to return to the A system of six community college areas exists to provide village class. higher education to regions of the state. An elected board of governors administers each college. The board may levy ad Most cities have an elected mayor-council form of govern- valorem taxes, impose charges and fees, and issue bonds. ment; however, cities may adopt a commissioner or city manager plan. Villages are governed by an elected board Nebraska statutes provide for educational service units that of trustees. provide core services, such as staff development, technol- ogy, and other services necessary to meet the needs of one In 2001, Nebraska law enabled one or more counties and or more participating school districts. An elected board at least one municipality in each participating county to governs each of these service units. An educational service merge and form a municipal county to combine services. unit consisting of a single school district is governed by Municipal counties may be created on joint resolution by the school board of that district. The board may levy ad participating governing bodies or on petition of voters valorem taxes and receive grants. after a hearing and referendum. Municipal counties are governed by an elected council. The creating resolution Two or more Class II or Class III school districts participat- may state if any elected offices are to be retained following ing in an interlocal agreement, and with approval from the the merger; otherwise, all municipal and county offices are State Committee for the Reorganization of School districts, abolished after approval and completion of the office cur- may temporarily, for a minimum of 3 years, or permanently rent terms. As of June 30, 2012, there were no municipal merge into unified school systems. Unified school sys- county governments. tems are governed by a board consisting of members from
180 Nebraska Governments—Individual State Descriptions participating school boards. All participating school districts may issue bonds; fix fees, rentals, and charges; and deter- maintain a separate legal existence but share resources. mine the amount of an annual ad valorem tax to be levied by the sponsoring government for airport purposes. Dependent Public School Systems (0) Cemetery Districts Nebraska has no dependent public school systems. Cemetery districts may be established by the county Other Educational Activities governing body on petition of taxpayers after a hearing. Learning communities are created to increase student An elected board of trustees governs each district. The achievement through facilitating and promoting open districts may levy ad valorem taxes. enrollment, advocating for needs of children and families Community Building Districts in poverty, and providing educational opportunities to students in member districts. A 2006 act of the legislature Community building districts provide buildings for various established the Learning Community of Douglas and Sarpy community enterprises and activities. They are established Counties to include all school districts in the counties. A by the county board on petition of residents of the area to learning community may also be established on request of be served after a public hearing and referendum. A board at least three school boards, which meet certain criteria, to of five or more trustees appointed by the county govern- the Commissioner of Education. Member school districts ing body governs each district. The districts may levy ad are allowed to operate under one administrative umbrella valorem taxes and borrow money. but still operate independently with their own budget, school board, and curriculum; however, the districts in County Fair Boards the community have common ad valorem tax levies. In counties with fewer than 125,000 in population, county Learning communities also receive funding from the State fair boards may be created. These boards are created by Department of Education. A learning community coordinat- county resolution, after a referendum if voters so petition. ing council of appointed and elected members governs a The boards are governed by a nine-member elected county learning community. fair board. The boards may issue bonds and levy and col- Learning communities may establish and administer lect a special tax. elementary learning centers to help students facing chal- County fair boards created under other laws or county lenges such as limited English skills and poverty. Each fair boards that are appointed by county boards are not elementary learning center is run by an achievement sub- counted as separate governments for Census Bureau pur- council consisting of members from the learning commu- poses. See “Subordinate Agencies and Areas” below. nity coordinating council. The center may provide literary centers, mentors, tutors, nutritional services, and clothing Drainage Districts distribution, among other services. Nebraska statutes authorize that: The Educational Service Unit Coordinating Council was Drainage districts may be created by two alternate established by a special act to coordinate the activities of methods—by the district court on the filing of articles the state’s 17 educational service units. It is governed by of association by landowners in one or more counties a board consisting of one representative appointed from and after hearing, or by the county clerk on petition of each of the educational service units. The council receives landowners and after referendum. An elected board of both state and local appropriations and may collect fees supervisors governs each district formed by a district for services. court. Districts formed by the county clerk are governed SPECIAL DISTRICT GOVERNMENTS (1,269) by an elected board of directors. The districts may issue bonds, levy special benefit assessments, and levy taxes. Nebraska statutes authorize the creation of a variety of Since 1972, new districts may not be established under special districts or authorities that are counted as separate the above laws, but districts then in existence may con- governments in Census Bureau statistics. These are dis- tinue to operate. cussed in detail below. Sanitary drainage districts for drainage of lands in Airport Authorities municipalities are created by the county board on peti- tion of resident landowners after a hearing and referen- General law provides for three types of airport authorities: dum. An elected board of trustees governs each district. city, county, and joint. An airport authority becomes opera- The district may levy an annual ad valorem tax, make tive upon appointment of a board by officials of the spon- special benefit assessments, and after voter approval, soring government. Succeeding members of the board are may issue bonds. elected, except for the board of an authority located in a city of the metropolitan class (Omaha). An airport authority
Governments—Individual State Descriptions Nebraska 181 Hospital Districts and Authorities Joint Electric Power, Sewerage and Solid Waste Disposal, and Water Distribution Hospital districts authorized under 1959 law are estab- Agencies—1981 Law lished by the county board on petition of landowners and after a hearing and referendum. Districts must include Agencies may be created to undertake power, sewerage a minimum value of $8,600,000 in taxable property. and solid waste disposal, waterworks projects, or some An elected board of directors governs each district. The combination of these functions, as specified in the creating districts may fix and collect rates, levy a tax, and set an ordinance. The agencies may be established by ordinance additional annual ad valorem tax, which the county collects of two or more municipal governments. Agencies provid- after voter approval. Districts may, upon voter approval, ing power must receive approval from the Nebraska Power issue bonds. Review Board. Agencies providing all services other than power must receive approval from the Secretary of State. A All hospital districts must be established in counties with board of directors appointed by the participating govern- populations of not less than 20,000 inhabitants, unless the ments governs the agency; the number of directors repre- district encompasses the entire county. Hospital authori- senting each member municipality is determined by agree- ties authorized under a 1971 law are established by the ment. The agencies may fix rates, rents, fees, and charges, board of county commissioners after petition of voters and and issue revenue bonds. public hearing. A board of trustees, initially appointed by the county governing body but with succeeding trustees Joint Public Power Authorities—1982 Law elected, governs each district. The district may fix rates and charge for services and may issue revenue bonds. Authorities to enable public power districts to issue bonds at lower cost are established by resolution of two or more Housing Agencies public power districts, after approval by the governing bodies of member public power districts and the Nebraska Local housing agencies may be established by the govern- Power Review Board. A board of directors governs each ing body of any city or county upon resolution. Regional authority; it consists of one director appointed by each par- housing agencies may be established by two or more cit- ticipating public power district. The authorities may fix and ies, two or more counties, or any combination of cities and collect rents, charges, rates, and fees for its services and counties by a joint resolution. Each housing agency is gov- may issue revenue bonds with the approval of the partici- erned by a board of commissioners appointed by the creat- pating public power districts. ing governments. The agencies may issue bonds, establish rents, and charge fees. The Nebraska Housing Agency Act, Metropolitan Transit Authority enacted in 1999, converted all housing authorities to hous- ing agencies. A 1957 general law permits the creating of an authority to provide transit facilities in cities of the metropolitan Interstate County Bridge Commissions class (currently the only such city is Omaha) by ordinance of such a city’s governing body. A board of directors, These commissions are created upon resolution by a appointed by the mayor with the approval of the city county, city, or village government to build and oper- council and county board of the county in which the city ate bridges that cross state lines. Commissioners are is located, governs the authority. The board may issue appointed by the creating government. Commissioners revenue bonds; fix rates, fares, and charges; and deter- may charge tolls and issue revenue bonds. mine the amount of taxes to be levied for its purposes. Prior to 2012, these commissions were classified as The Omaha Metropolitan Transit Authority was established dependent agencies of county government for Census under this law. Bureau purposes. Metropolitan Utilities Districts Irrigation Districts Nebraska law provides that a metropolitan utilities district A county board, on petition of landowners, may create exists when a city of the metropolitan class and one or irrigation districts after a hearing and referendum. Districts more adjacent municipalities, sanitary and improvement are divided into three or, contingent on size, more divi- districts, or unincorporated areas are served in whole or sions. An elected board of directors, one from each divi- in part by a common utilities system controlled by a single sion, governs a district. The districts may levy property corporate public entity. An elected board of directors gov- taxes, issue bonds, fix rates and charges for water, and, erns the district. The district may levy ad valorem taxes, fix after a hearing, levy special assessments. rates, and issue bonds. The Omaha Metropolitan Utilities District was formed under this act.
Public utility districts established by a metropolitan utilities district are classified as dependent activities of the district
182 Nebraska Governments—Individual State Descriptions and are not counted as separate governments for Census valorem taxes and special and benefitted assessments and Bureau purposes. issue bonds. Some special assessments may require a hear- ing. These districts may provide road lighting, as well as Natural Resources Districts road improvement services.
The state is divided into natural resources districts. The Under the 1961 law, a county’s governing body may create number and boundaries of such districts is determined by by resolution a street improvement district outside the the Nebraska Natural Resources Commission. An elected limits of any city or village, and following no objections by board of directors governs each natural resources district. voters. Once these districts are established, they operate The districts may levy ad valorem taxes, fix charges, and under the same provisions of the 1957 law. issue revenue bonds. Certain districts may undertake quali- fied water management projects and impose an occupation These districts are to be distinguished from street tax. Natural resource districts may merge with rural water improvement districts formed under 1879 and 1901 laws. districts, drainage districts, reclamation districts, or irriga- Districts formed under those two laws are not counted as tion districts. separate governments for Census Bureau purposes. See “Subordinate Agencies and Areas” below. Public Power Districts Rural and Suburban Fire Protection Districts Nebraska statutes authorize: These districts are established by the county board on Public power and irrigation districts to provide public petition of voters after majority approval at a public hear- power, irrigation, or both. Districts are established by ing. An elected board of directors governs each district. the Nebraska Power Review Board on petition of voters. The districts may levy ad valorem taxes and issue bonds. An elected board of directors governs each district. A 1998 law declared that no new rural or suburban fire The districts may sell water and/or electric power and protection districts may be formed, with the exception that issue bonds. existing districts may merge to form a new district. Rural power districts may be created by petition of any Rural Water Districts electric cooperative corporation to the Nebraska Power Review Board and after a public hearing. When estab- Rural water districts are created by the county board fol- lished, they operate under the same provisions as public lowing petition of landowners after a public hearing and, power and irrigation districts above. if applicable, approval from the governing body of the city or town. A board of directors elected by the landown- Reclamation Districts ers governs the district. The districts may fix charges on Reclamation districts may be created by the state depart- benefits received, issue revenue bonds, and adjust water ment of water resources on petition of landowners after a rates. Since 1972, new districts may not be established hearing. A district can only be established in an area that under this law, but districts then in existence may continue contains land with a taxable value of $5,720,000 or more. to operate. An elected board of directors governs each district. The Sanitary and Improvement Districts districts may levy benefit assessments and rates for water services and, upon voter approval, may levy an ad valorem Sanitary and improvement districts provide sewerage or taxes and issue bonds. water systems, street and highway facilities, street lighting, park and recreation facilities, and certain other services. Risk Management Pools These districts are created in one or more counties by the These pools are established by agreement between two or clerk of the district court on petition and articles of associa- more counties, municipalities, and/or special districts with tion of landowners. An elected board of trustees governs approval of the State Department of Insurance. Each pool each district. The districts may issue bonds, levy ad valorem is governed by a board of directors consisting of elected taxes and special assessments, and fix rates for services. or appointed officials of the member agencies as specified SUBORDINATE AGENCIES AND AREAS in the agreement. The pools may issue bonds and levy assessments. Shown below are various governmental designations that have certain characteristics of governmental units but Road and Street Improvement Districts—1957 that are classified in Census Bureau statistics as subordi- and 1961 Laws nate agencies of the State or local governments and are These districts are established under a 1957 law by the not counted as separate governments. Legal provisions county governing body on petition of voters and after for some of the larger of these are discussed below (see a public hearing and referendum. An elected board of “Public School Systems” above regarding educational agen- trustees governs each district. The districts may levy ad cies of this nature).
Governments—Individual State Descriptions Nebraska 183 Among the subordinate agencies and areas listed below, Interstate conservation or recreational improvement some represent “special taxing areas” within the area of an districts established government. This method of financing addi- Local public health departments (county) tional services in limited areas by property taxation, while Public library federations also used by some municipal and township governments in a few states, is more widely utilized by county governments. Railroad transportation safety districts In the listing below of authorized county-related agencies, *Road districts an asterisk (*) appears for each entity of this kind—i.e., *Rural road improvement districts any that may individually serve a portion, rather than all Noxious weed control authorities of a county and for which a tax may be levied against the assessed value of property in the area served. Municipal
Nebraska Investment Finance Authority (state)—This Boards of medical and housing facilities (second class cities authority was established by act of the legislature to pro- and villages) vide credit for agricultural, economic development, energy Boards of public docks (municipal) conservation, public safety, solid waste disposal facilities, Boards of public trust (second class cities and villages) and housing purposes. The authority is governed by a board of nine members, six of whom are appointed by the Business improvement districts Governor, plus the Director of Economic Development, the Community development agencies chair of the Nebraska Investment Council, and the Director Industrial development corporations (metropolitan class of Agriculture, who serve in an ex officio capacity. The cities) authority may fix fees and charges, make mortgage loans, Interstate conservation or recreational improvement and issue bonds. districts Other examples include: Joint airport boards
State2, 3 Land Reutilization Authority (metropolitan class cities) Landmark heritage preservation districts (metropolitan Area agencies on aging class cities) Mental health boards Offstreet parking districts (primary, first, and second class Nebraska Aquaculture Board cities) Nebraska Conservation Corporation Ornamental lighting districts (primary class cities) Nebraska Educational Finance Authority Park, recreational area, and playground improvement dis- Nebraska Educational Telecommunications Commission tricts (metropolitan class cities) (formerly Education Television Commission) Public improvement districts (primary class cities) Nebraska Elementary and Secondary School Finance Public library federations Authority Public utility districts Nebraska Ethanol Board Sewer and water extension districts (first and second class Nebraska State Airline Authority cities and villages) Nebraska Tourism Commission Sanitary sewer and water main connection districts (first Regional behavioral health authorities class cities) Wyuka Cemetery Corporation Sewerage and drainage districts (primary and second class cities) County Special improvement districts Agricultural societies Storm sewer districts (first class cities) Boards of public docks (county) Street improvement districts—1901 and 1879 laws County fair boards (elected boards in counties with Street sprinkling or armor coating districts (metropolitan 125,000 or more in population and appointed boards) class cities) County libraries Urban growth districts County hospital boards Water and sewer districts (first class cities) County land reutilization authorities Water districts (primary class cities) Fort preservation, restoration, and development boards Water service districts (second class cities and villages) Industrial development corporations (county)
184 Nebraska Governments—Individual State Descriptions Joint County-Municipal Joint Municipal-School District
Joint city-county building commissions (county and first Joint city-school district building commissions class city) Nebraska laws also provide for various types of local areas Local public health departments (joint county-city) for election purposes and administration of justice. Public building commissions 1 2005 legislation required all former Class I and Class VI school Public library federations districts to consolidate into other existing districts. 2 Legislation authorizing the Nebraska Railway Council was repealed in 2011. 3 Legislation authorizing the Small Business Development Authority was repealed in 2009.
Governments—Individual State Descriptions Nebraska 185 Nevada
Nevada ranks forty-seventh among the states in number of Dependent Public School Systems (0) local governments with 191 active as of June 30, 2012. Nevada has no dependent public school systems. COUNTY GOVERNMENTS (16) Other Educational Activities The entire area of the state, except Carson City, is encom- Educational supervision “districts” in Nevada are election passed by county government. Carson City is counted as a areas for members of the state board of education and are municipal government, rather than a county government, not counted as separate governments for Census Bureau in Census Bureau statistics on governments. In Nevada, purposes. the county governing body is called the board of county commissioners. SPECIAL DISTRICT GOVERNMENTS (139) SUBCOUNTY GENERAL PURPOSE Nevada statutes authorize the creation of a variety of GOVERNMENTS (19) special districts or authorities that are counted as separate governments in Census Bureau statistics. These are dis- Municipal Governments (19) cussed in detail below.1 Municipal governments in Nevada are the incorporated cities and towns, which may be incorporated under special California-Nevada Super Speed Ground Transportation Commission charters or general law. Incorporated cities are governed by an elected mayor and city council. The minimum popula- This commission was established by state law to create a tion for incorporation for a town is 1,001 inhabitants. super speed train linking southern California to Las Vegas, Cities formed under general law are divided into three Nevada. California passed similar authorizing legislation. classes: The commission consists of an appointed board equally representing the two states and includes both public and • First-class: 50,000 inhabitants or more private representatives. Commission members of Nevada • Second-class: 5,000 or more, but fewer than 50,000 are appointed by and serve at the pleasure of the Governor. inhabitants The commission may issue bonds. • Third-class: fewer than 5,000 inhabitants Conservation Districts The “unincorporated towns” in Nevada are adjuncts of the county governments and are not counted as separate gov- These districts are established by the state conservation ernments in Census Bureau statistics on governments. See commission upon landowner petition and after a hearing “Subordinate Agencies and Areas” below. and referendum. A board of five elected supervisors and one or more appointed supervisors governs the district. Township Governments (0) The districts may require contributions from benefited landowners for services. There are no township governments in Nevada. Most of the counties, however, are divided into “township” areas for County Fire Protection Districts—1937 Law local court and police power purposes. A 1937 law provides for the creation of county fire protec- PUBLIC SCHOOL SYSTEMS (17) tion districts by the board of county commissioners upon petition of landowners and after a hearing and special elec- School District Governments (17) tion. An elected board of directors governs each district. Each of the 16 counties and Carson City constitutes a The district may levy ad valorem taxes and issue general school district government. An elected board of trustees obligation bonds. administers each school district. State law requires the These districts are distinct from the county fire protec- board of county commissioners to levy certain school tion districts authorized in 1949 and 1963. Districts under taxes. Additional taxes may be levied with voter approval. the 1949 and 1963 laws have ex officio boards and are The district trustees may issue general obligation bonds not counted as separate governments for Census Bureau upon voter approval. purposes. See “Subordinate Agencies and Areas” below.
186 Nevada Governments—Individual State Descriptions Districts authorized under the 1949 law may, however, of landowners and after public hearing. These districts reorganize under the 1963 law or the 1937 law. provide one or more of the following services: electric light and power, cemetery, swimming pool, television, space County Library Districts heating, street, street lighting, sidewalks, storm drainage, These districts are created by the county commissioners flood control, sanitary sewer, garbage and refuse disposal, upon petition of the taxpayers after a public notice and, in recreation, fencing, emergency medical services, fire pro- some cases, an election. A board of five trustees appointed tection, water supply facilities, FM radio facilities, preserva- by the county commissioners governs each district. The tion of endangered species, and mosquito and other pest district board determines its annual needs, which are met abatement and extermination. from ad valorem tax levies. Most general improvement districts may levy ad valorem Similar provisions apply to consolidated library districts taxes or special assessments; fix charges; or issue rev- (consolidations of a city and county library in counties with enue, special assessment, or general obligation bonds in more than 400,000 inhabitants), regional libraries, and accordance with their legislated financing powers. General regional networks of libraries. There are some exceptions: obligation bonds require voter approval. Districts providing consolidated library districts may issue bonds with voter pest abatement, swimming pools, or cemeteries, however, approval; financial requirements of regional libraries are met may not levy special assessments or issue bonds. Television by contributions from participating local governments in districts and FM radio facilities districts may not issue accordance with the agreement creating the regional library bonds. Districts providing sewerage services must hold a and from grants. The boards of regional network of libraries public hearing prior to establishing rates and charges. consist of representatives from each participating entity. General improvement districts, with exceptions for those The Henderson District Public Libraries and the Boulder City providing sewerage or water facilities or emergency medi- Library District were converted by special acts to county cal services, are governed by an elected board of trustees. library districts in 1956. The Smoky Valley Library District, For general improvement districts providing only sewer- Tonopah Library District, and Amargosa Valley Library age facilities, the board of county commissioners is the District were converted by later subsequent special acts. ex officio board of trustees for counties with a population of 400,000 or more and may be the ex officio board for The Pahrump Library District was created by special act in counties with fewer than 400,000 inhabitants. For districts 1983 with the same provisions as a county library district. providing only water facilities or only water and sewer- It serves the unincorporated Town of Pahrump. age facilities and not created by special act, the board of county commissioners may be the ex officio board of County libraries are distinct from county library districts. trustees. For districts providing either emergency medical City and town libraries were created under similar provi- services or basic power for streets and alleys, the board of sions prior to July 1, 1967. Any existing on that date may county commissioners may be the ex officio board of trust- be maintained. These county, city, and town libraries are ees for counties with a population of fewer than 100,000. dependent agencies of the creating entity and are listed Districts governed by the board of county commissioners, under “Subordinate Agencies and Areas” below. ex officio, are not counted as separate governments for Elko Convention and Visitors Authority Census Bureau purposes. See “Subordinate Agencies and Areas” below. This authority was created by special act to provide convention facilities in Elko. A board of Governors consist- Flood control, sanitary sewer, and fire protection districts ing of five members, of whom three are elected, one is governed by the county board of supervisors are not appointed by Elko County, and one is appointed by the City counted as separate governments for Census Bureau pur- of Elko, governs the authority. The authority may fix and poses. See “Subordinate Agencies and Areas” below. collect fees and rents, levy ad valorem taxes, and issue general obligation bonds. This authority is the successor to Housing Authorities the former Elko City-County Civic Auditorium Authority. Housing authorities are established by resolution of the governing bodies of cities, towns, or counties. A board Convention and visitor authorities (also known as county of commissioners appointed by the chief executive of the fair and recreation boards) created by county boards of municipality or by the county commissioners governs supervisors are not counted as separate governments for each authority. In counties with a population of 400,000 Census Bureau purposes. See “Subordinate Agencies and inhabitants or more (Clark County), two or more housing Areas” below. authorities may form a regional housing authority. The General Improvement Districts board of such an authority is appointed by the governing bodies of the county, the three largest cities in the county, These districts are established by ordinance of the board of and the tenants’ association. Housing authorities may county commissioners on its own motion or upon petition issue revenue bonds and fix rentals.
Governments—Individual State Descriptions Nevada 187 Inland Port Authorities General obligation bonds require voter approval, but rev- enue bonds may be issued without voter approval. An inland port authority may be created by ordinance of one or more boards of county commissioners or the gov- For airport authorities not counted as separate govern- erning body of an incorporated city after approval from the ments for Census Bureau purposes, see “Subordinate State Office of Economic Development and after two public Agencies and Areas” below. hearings. The authority is governed by a board of direc- tors appointed by participating governments and entities. Southern Nevada Water Authority An authority may establish rates, fees, and charges. No The Southern Nevada Water Authority was created through authorities of this type were reported in operation as of an interlocal agreement to own and manage the Southern June 30, 2012. Nevada Water System. Each of the following entities has a representative on the board: the cities of Boulder City, Irrigation Districts Henderson, Las Vegas, and North Las Vegas; the Big Bend The county commissioners, upon petition of landowners Water District; the Las Vegas Valley Water District; and the and after a hearing and referendum, may establish irrigation Clark County Water Reclamation District. The authority may districts. These districts also may provide drainage facili- set and collect user fees and issue general obligation and ties and generate and sell electricity. These districts may be revenue bonds. The state and the Las Vegas Valley Water designated water conservation, water conservancy, or water District may issue bonds on behalf of the district. improvement districts. An elected board of directors governs each district. The district may issue revenue and general Tahoe Transportation District obligation bonds with voter approval; levy ad valorem taxes This district is counted under “California—Special District and special assessments; and fix tolls and charges. Governments.” Improvement districts established within irrigation districts have provisions similar to those for irrigation districts. Truckee Meadows Water Authority These improvement districts are classified as dependent This authority was formed under the joint powers legisla- activities of the irrigation districts creating them and are tion of Nevada. The governing board is appointed by the not counted as separate governments for Census Bureau city councils of Reno and Sparks and the county commis- purposes. sion of Washoe County. The authority may issue bonds and set fees for services. Moapa Valley Water District This district was created by special act to serve Moapa Virgin Valley Water District Valley. The board is elected by the residents of the bene- This district was created by special act to serve portions of fited areas. The district may levy ad valorem taxes, fix and Virgin Valley in Clark County. The board consists of three establish rates, and issue bonds. General obligation bonds elected members, one member appointed by the mayor of require voter approval; revenue bonds do not. the City of Mesquite, and one member appointed by the governing body of the Town of Bunkerville. The district Nevada Commission for the Reconstruction of may levy ad valorem taxes and issue revenue and general the V&T Railway obligation bonds. General obligation bonds require voter This commission was created by special act to rebuild part approval. of the historic route of the Virginia and Truckee Railroads. The commission consists of members appointed by the Water Conservancy Districts and Subdistricts participating local governments, one member appointed Water conservancy districts are established by the district by a local historical society and one member appointed court upon petition filed by the board of county commis- by each of the state speaker of the assembly, state Senate sioners after public hearing. The districts may be divided majority leader, and the Governor. The commission may into divisions in the initiating petition: a division is an fix and collect fees. The participating governments may irrigation or other special district, an incorporated city or issue bonds, levy lodging taxes, and, with voter approval, town, or other political subdivision or combination thereof. levy sales and ad valorem taxes for the benefit of the The district board of directors is appointed by the Governor commission. on recommendations made by the district, participating areas, or subcontracting agencies. District boards may fix Reno-Tahoe Airport Authority rates for water and electric power, levy ad valorem taxes This authority was created by a special act. It is governed and special benefit assessments, and incur indebtedness by a board of trustees appointed by Washoe County and upon voter approval. the cities of Sparks and Reno. The trustees may fix and col- Water conservancy subdistricts are counted for Census lect fees; the county levies a property tax for the authority. Bureau purposes as separate governments. They have
188 Nevada Governments—Individual State Descriptions the same general powers as water conservancy districts. County hospital districts with elected boards (single coun- The Carson Water Subconservancy District was created by ties with populations of fewer than 400,000) special act. County hospital districts with ex officio boards (single counties) SUBORDINATE AGENCIES AND AREAS Districts for the support of public parks (counties of Shown below are various governmental designations in 400,000 or more in population) Nevada that have certain characteristics of governmental *Fire protection districts—1945 law units but that are classified in Census Bureau statistics as *Fire protection districts—1963 law subordinate agencies of the state or local governments and are not counted as separate governments. Legal provision *Flood control districts for some of the larger of these is discussed below (see General improvement districts with ex officio boards “Public School Systems” above regarding educational agen- Health districts cies of this nature). Historic districts (county) Among the subordinate agencies and areas listed below, Improvement districts (county) some represent “special taxing areas” within the territory of Joint airport boards an established government. This method of financing addi- tional services in limited areas by property taxation, while *Las Vegas Valley Water District also used by some municipal and township governments Libraries (county) in a few states, is more widely utilized by county govern- Lincoln County Water District ments. In the listing below of authorized county-related Redevelopment agencies (county) agencies, an asterisk (*) appears for each entity of this kind—i.e., any that may individually serve a portion, rather Regional development corporations in the area of the than all of a county and for which a tax may be levied Nevada Test Site (county) against the assessed value of property in the area served. Regional development districts Regional planning districts Nevada Housing Division (state)—This agency was created as a division of the Nevada Department of Business Regional rapid transit authorities (counties of 700,000 or and Industry by 1975 legislation. An administrator more in population) appointed by the state director of business and industry Regional transportation commissions administers the division. The division may fix and collect Road districts fees and may issue revenue bonds. Road maintenance districts Other examples include: Rodent control districts State *Sanitary sewer districts (counties of 400,000 or more in population) Agricultural districts Tahoe-Douglas Visitor’s Authority Comstock Historic District Commission Taxicab authorities (counties of 400,000 or more in Nevada Gaming Commission population)3 Nevada Gaming Control Board Taxing districts to provide emergency (911) telephone ser- Nevada Rural Housing Authority vice (counties of 400,000 or more in population) Nevada Transportation Authority Transportation districts (county) Nonprofit corporations for the acquisition of real property Truckee River Flood Management District for future development and expansion of the University *Unincorporated towns of Nevada (Reno or Las Vegas) Weed control districts Water districts Western Regional Water Commission County2 Municipal Agricultural associations Airport Authority of Battle Mountain Cemetery authorities Airport Authority of Carson City Cemetery districts Carson City Fair and Recreation Board County fair and recreation boards (also known as conven- Historic districts (municipal) tion and visitor authorities) Improvement districts (municipal) County fire department districts
Governments—Individual State Descriptions Nevada 189 Joint airport boards Joint County-Municipal
Libraries (city) (1967 law) Regional development corporations in the area of the Libraries (town) (1967 law) Nevada Test Site (joint) North Las Vegas Library District Nevada laws also provide for various types of local areas Redevelopment agencies (municipal) for election purposes, administration of justice, and Regional development corporations in the area of the improvement of transportation or central business areas. Nevada Test Site (municipal) Taxing districts for maintenance of improvements (an 1 Special district governments including general improvement incorporated city in a county of more than 100,000 but districts, water districts, and water and sanitation districts may receive federal funding appropriated for roads and schools. less than 400,000 in population) 2 For fire protection districts and flood control districts, also see Taxing districts for police protection (an incorporated city “General Improvement Districts” under “Special Districts.” 3 Taxicab authorities were reclassified from state subordinate in a county of more than 100,000 but less than 400,000 agencies and areas to county subordinated agencies and areas. in population) Taxing districts to provide emergency (911) telephone ser- vice (an incorporated city in a county of 400,000 or more in population) Transportation districts (city)
190 Nevada Governments—Individual State Descriptions New Hampshire
New Hampshire ranks forty-second among the states in num- • Cooperative school districts ber of local governments with 541 active as of June 30, 2012. • Interstate school districts • Regular school districts COUNTY GOVERNMENTS (10) The composition and the method of selection of the boards There are no areas in New Hampshire lacking county gov- of cooperative school districts are determined by the agree- ernment. New Hampshire county governments have rela- ment establishing the district. Regular school districts are tively few responsibilities. Towns and cities perform most governed by elected boards. All four district types may of the functions of local governments. The county govern- issue bonds and determine their own fiscal requirements. ing body is known as the board of county commissioners. Dependent Public School Systems (10) SUBCOUNTY GENERAL PURPOSE GOVERNMENTS (234) New Hampshire statutes provide for the following types of dependent public school systems: The subcounty general purpose governments in New Hampshire consist of municipal (city) governments and Systems dependent on county governments: town governments. These two types of governments are • Coos County School District (1) distinguished primarily by the historical circumstances sur- Systems dependent on municipal governments: rounding their incorporation. • City school systems (9) Originally, cities were established solely through special acts of the general court. Since 1979, existing cities and The Coos County School District serves the unincorporated towns may change their form of government through the areas of Coos County. It is governed by the board of county creation of a charter. In either case, the voters of the city or commissioners, serving in an ex officio capacity. This town must approve a change in the form of government. school district is classified for Census Bureau purposes as a dependent agency of Coos County. Municipal Governments (13) The public school systems serving the cities of Berlin, Towns, which are treated as municipalities in New Dover, Franklin, Laconia, Manchester, Nashua, Portsmouth, Hampshire statutes, are counted for Census Bureau pur- Rochester, and Somersworth are governed by separate poses as towns, rather than municipal governments (see school “district” boards that are either appointed by the below). In addition to usual city functions, cities have city council or elected by the voters. The public school responsibility for services performed in other parts of the systems serving these cities are subject to municipal fiscal state by town governments. Cities exist outside the area of control. They are classified for Census Bureau purposes any town. as dependent agencies of the cities they serve and are not counted as separate governments. Town or Township Governments (221) Although not differing in legally authorized powers from Other Educational Activities cities, government units in New Hampshire locally desig- School administrative units, formerly referred to as super- nated as “towns” are counted in Census Bureau statistics as visory unions, are entities that supervise the school affairs a separate type of government. Town governments exist in of two or more school districts. Expenses are met by the each county in New Hampshire, but they do not cover the participating districts. School administrative units are entire area of each county. Cities, gores, grants, purchases, classified as joint educational service agencies of partici- unorganized locations, and unorganized townships exist pating school districts and are not counted as separate outside the area of any town. governments.
PUBLIC SCHOOL SYSTEMS (176) Authorized regional enrollment area schools are maintained and operated by the school districts in which the facilities School District Governments (166) are located. These schools are classified as joint activities of the participating school districts and are not counted as The following types of school districts in New Hampshire separate governments. are counted as separate governments for Census Bureau purposes:
Governments—Individual State Descriptions New Hampshire 191 Vocational education centers are designated by the com- Regional Transit Districts missioner of the department of education. The selected Cities and towns may jointly vote to establish a regional high schools receive additional state funding for construc- transit district. Board members for the district are tion or renovation and additional assistance in the form appointed by the governing bodies of the participating of a regional advisory committee. Vocational education local governments. The number of representatives con- centers are classified as dependent activities of their tributed by the local governments is based on population. affiliated school districts and are not counted as separate Each participating city or town funds district expenses governments. based on a fair-share formula. Joint maintenance agreements may be entered into by two Transit districts and authorities established by only or more adjoining school districts to establish and maintain one local government (such as the Manchester Transit schools. The school districts entering into the agreement Authority) are counted as dependent activities of the may incur indebtedness in the name of the joint agree- creating government for Census Bureau purposes. See ment. Schools created under joint maintenance agreements “Subordinate Agencies and Areas” below. are classified as dependent activities of the school districts they serve. Solid Waste Management Districts—1994 law SPECIAL DISTRICT GOVERNMENTS (131) These districts may be created by the governing bodies of two or more municipalities. Each district is governed by New Hampshire statutes authorize the creation of special a district committee selected in the manner determined districts or authorities that are counted as governments. by the authorizing agreement. The districts may issue These are discussed in detail below. bonds with the approval of the participating governments. Conservation Districts Fiscal needs are determined by the district committee and apportioned according to the provisions for cost sharing in Under New Hampshire law, each county constitutes a the agreement. Similar districts, including regional refuse conservation district. A board of five supervisors appointed disposal districts, formed under prior law continue to oper- by the state conservation committee governs each district. ate under the prior law and existing agreements. Revenue for these districts is derived from gifts, grants, rentals, leases, and special assessments. The district Village Districts or Precincts boards may require contributions from landowners for Ten inhabitants of any village situated in one or more benefits extended. towns, may petition a town or towns to call a referen- Cooperative Alliance for Seacoast dum to create a village district or precinct. The functions Transportation conducted include: fire protection; lighting or sprinkling of streets; shade and ornamental trees; water supply for This alliance was created by act of the general court to domestic and fire purposes; sidewalks and drainage or acquire, own, and operate a regional transit system. The common sewers; sewerage and waste treatment plants; alliance serves the seacoast region of New Hampshire parks and recreation facilities; pollen control and pest (Rockingham and Stafford Counties) and Berwick (Maine). abatement; watchmen and police officers; roads; and Its board of directors includes representatives of various ambulance services. These districts are governed by an state, local, and private agencies. The alliance may fix elected body. After a vote is held at a district meeting, the rates, fares, tolls, rents, and other charges and receive district or precinct may issue bonds and levy taxes. The federal, state, and local contributions. districts may also charge rates for services.
Housing Authorities Village districts may create boards of commissioners for municipal electric, gas, or water systems, which are depen- Housing authorities may be established in any city or town dent agencies of the creating government. Village districts after local referendum. Housing authority commissioners are also may participate in the creation of regional water dis- appointed by the mayor or the town selectmen. Authorities tricts, which are joint dependent agencies of the creating may issue bonds and collect rentals for facilities. governments. See “Subordinate Agencies and Areas” below. Maine-New Hampshire Interstate Bridge SUBORDINATE AGENCIES AND AREAS Authority Shown below are various governmental designations that This authority was created by a special act to operate the have certain characteristics of governmental units but are Portsmouth-Kittery Bridge. The governing body consists classified in Census Bureau statistics as subordinate agen- of three members from each state. In New Hampshire, the cies of the state or local governments and are not counted members are appointed by the Governor and include the as governments. Legal provisions for some of the larger commissioner of transportation. The authority may issue bonds and fix rates and tolls. 192 New Hampshire Governments—Individual State Descriptions of these are discussed below (see “Public School Systems” Municipal above regarding educational agencies of this nature). Airport authorities and districts (special acts) New Hampshire Business Finance Authority (state)— Boards of commissioners for a municipal electric, gas, or This authority was created by special act to develop, oper- water system ate, finance, and maintain commercial, industrial, trans- Boards of public works commissioners (joint) portation, and recreation facilities. A board of 14 directors, nine of whom are appointed by the Governor with the Central business service districts consent of the council plus additional state representatives, Conservation commissions governs the authority. The authority may charge fees and Economic development and revitalization districts rents and issue revenue bonds. Health districts New Hampshire Health and Education Facilities Historic districts Authority (state)—This authority was established by act Local industrial development authorities of the state legislature to construct educational and health Recreation commissions facilities. The authority is governed by a board of seven directors appointed by the Governor and council. The Transit authorities authority may fix and collect rates, rents, fees, and charges Town for the use of facilities and services. It may issue revenue bonds with the approval of the Governor with the advice Airport authorities and districts (special acts) and consent of the council. Boards of commissioners for a municipal electric, gas, or water system New Hampshire Housing Finance Authority (state)— This authority was established to provide mortgage credit Boards of public works commissioners (joint) for housing; to provide housing subsidies to low-income Boards of sewer commissioners persons; and to construct housing. The authority is gov- Central business service districts erned by a nine-member board appointed by the Governor Conservation commissions with the consent of the council. The authority may make mortgage loans and issue revenue bonds. Economic development and revitalization districts Health districts Other examples include: Historic districts State Local industrial development authorities Community Development Finance Authority Recreation commissions Southeast Watershed Alliance (formerly the Estuary Alliance Transit authorities for Sewage Treatment) Other Forest fire districts New Hampshire Land and Community Heritage Investment The regional water districts are joint dependent agencies of Authority the creating counties, cities, towns, school districts, village districts, and/or special districts. New Hampshire Long Term Care Institute New Hampshire Municipal Bond Bank Gores, grants, locations, purchases, and unorganized town- ships are geographical areas outside the area of any city or New Hampshire School Building Authority town and are not counted as governments. Pease Development Authority (formerly the Pease Air Force Base Development Authority) New Hampshire laws also provide for various types of local areas for election purposes and administration of justice.
Governments—Individual State Descriptions New Hampshire 193 New Jersey
New Jersey ranks twenty-fourth among the states in number • Fourth class—resort cities bordering on the Atlantic of local governments with 1,344 active as of June 30, 2012. Ocean
COUNTY GOVERNMENTS (21) Township Governments (242) There are no areas in New Jersey lacking county government. Townships, although not differing in legally autho- The counties are divided into the following six classes: rized powers from the types of municipal governments described above, are classified for Census Bureau purposes Counties not bordering on the Atlantic Ocean: as a separate type of government. All areas of the state • First class—more than 550,000 inhabitants and a popula- are encompassed by township governments, except areas tion density of more than 3,000 persons per square mile within the boundaries of a borough, city, town, or village.
• Second class—all other counties with more than PUBLIC SCHOOL SYSTEMS (598) 200,000 inhabitants School District Governments (523) • Third class—50,000 to 199,999 inhabitants New Jersey has Type 1 and Type 2 school districts. Each • Fourth class—fewer than 50,000 inhabitants district may determine the amount of local school tax Counties bordering the Atlantic Ocean: levies and issue bonds with voter approval. Type 2 school districts may be basic, consolidated, or regional. Regional • Fifth class—more than 125,000 inhabitants school districts may be “all purpose” or “limited purpose.”
• Sixth class—not more than 125,000 inhabitants School districts may convert from a Type 1 to a Type 2 school district with voter approval. Type 2 school districts The county governing body is called the board of chosen are governed by elected boards of education. freeholders.
SUBCOUNTY GENERAL PURPOSE Dependent Public School Systems (75) GOVERNMENTS (566) New Jersey statutes provide for the following types of The subcounty general purpose governments in New Jersey dependent public school systems: consist of municipal (borough, city, town, and village) gov- Systems dependent on county governments (51): ernments and township governments. These two types of • County vocational school systems governments are distinguished primarily by the historical circumstances surrounding their incorporation. Borough, • County special services school districts city, town, village, and township governments have similar • County colleges powers and perform similar functions. • Community college agencies
Municipal Governments (324) Systems dependent on municipal governments (17): • Type 1 school districts in boroughs, cities, towns, or The term municipality as defined for Census Bureau statis- villages tics on governments applies only to the boroughs, cities, towns, and villages in New Jersey. Towns, which are treated Systems dependent on township governments (4): as municipalities in New Jersey statutes, are counted for • Type 1 school districts in townships Census Bureau purposes as towns, rather than municipal governments (see below). All cities, towns, boroughs, and Systems dependent on the state government (3): villages exist outside the area of any governmentally active • State-operated school districts township. Cities are divided according to population size and location as follows: Each Type 1 school district is governed by a board of education appointed by the mayor or other chief execu- • First class—more than 150,000 inhabitants tive officer of the borough, city, town, township, or village • Second class—12,000 to 149,999 inhabitants it serves. The creating government may issue bonds on • Third class—fewer than 12,000 inhabitants, excluding behalf of the school district. seaside resorts bordering on the Atlantic Ocean
194 New Jersey Governments—Individual State Descriptions County vocational school systems are governed by a voca- districts contribute to the support of educational services tional school board appointed by the chief elected execu- commissions. For Census Bureau reporting, these commis- tive officer of the county or by the director of the board of sions are classified as joint educational service agencies chosen freeholders. The county superintendent of schools of the participating school districts and are not counted as also serves as an ex officio member. The fiscal needs of separate governments. county vocational school systems are determined by and The Educational Information and Resource Center was provided for by the county governments. established by special act to provide services to school County special services school districts provide educa- districts in Gloucester County. The center is classified as a tion and treatment of disabled children. The districts are joint educational service agency of the participating school established by resolution of the county board of chosen districts and is not counted as a separate government. freeholders. Each district is governed by a board of educa- County parental schools for juvenile delinquents (known as tion consisting of the county superintendent of schools, county youth houses) are also authorized in counties of the plus six members appointed by the director of the board first class. of chosen freeholders with the consent of the board. Fiscal requirements are determined by a board of school estimate Jointure commissions are established by two or more and are provided by the county and state governments. school districts to provide for education of the disabled. These commissions consist of representatives from the County colleges are established by the board of chosen constituent school district boards. Their fiscal needs are freeholders with the consent of the state commission on apportioned to the establishing districts. higher education and voter approval. Each county college is governed by a board of trustees consisting of eight mem- SPECIAL DISTRICT GOVERNMENTS (234) bers representing the county and two members appointed by the Governor, plus the county superintendent of schools New Jersey statutes authorize the creation of a variety of and the college president. In addition, the student body special districts or authorities that are counted as govern- elects one representative. For junior colleges serving more ments. These are discussed in detail below. than one county, the board is enlarged and apportioned among the counties based on the latest decennial popula- County Bridge Commissions tion Census. The county governments may appropriate County bridge commissions build, improve, and maintain funds and issue bonds for the benefit of county colleges. highway bridges. Two or more counties may establish an independent commission by resolutions. The commission Community college agencies may be established in any members are appointed by the counties’ boards of chosen county that has not established a county college, with freeholders. Commissions may fix tolls and issue revenue the consent of the state commission on higher education. bonds. These agencies are similar in formation, board, and powers to county colleges. County bridge commissions that serve only one govern- ment are not counted as separate governments. See County colleges may also be formed by any private institu- “Subordinate Agencies and Areas” below. tion of higher education and any postsecondary institute of a county board of vocational education. The Union County Delaware River and Bay Authority College was established under this law. This authority is counted under “Delaware—Special District State-operated school districts are established by admin- Governments.” istrative order of the state board of education upon a finding by the commissioner of education of a need of Delaware River Joint Toll Bridge Commission reorganization. The state board of education appoints the school district’s board of education. The school districts This commission is counted under “Pennsylvania—Special are funded by local property taxes. Upon completion of District Governments.” the reorganization, the district is restored to local control. Delaware River Port Authority Voters decide whether the reorganized district is to be a Type 1 school district or a Type 2 school district. This authority was established by special acts of the New Jersey and Pennsylvania legislatures to operate and main- Other Educational Activities tain bridges, tunnels, ferries, railroads, and rapid transit Educational services commissions are created by the state systems, and to improve and develop ports in and near board of education upon petition of five or more boards Philadelphia and Camden. A board of commissioners con- of education in one or more counties. These commissions sisting of 16 members governs the authority; eight mem- conduct programs of education research and provide bers are appointed by the Governor of New Jersey with the educational and administrative services. The establishing consent of the Senate and six members are appointed by the Governor of Pennsylvania, plus the Auditor General and the
Governments—Individual State Descriptions New Jersey 195 State Treasurer of Pennsylvania serve in an ex officio capac- town, township, or village governments. The participating ity. The authority may issue revenue bonds and may fix and governments appoint the members of the authority board. collect tolls and other charges for use of its facilities. Each authority may issue revenue bonds and set rates and charges for services. These authorities may be known as The Port Authority Transit Corporation, established to water reclamation authorities. operate the interstate rail transit facilities, is classified for Census Bureau reporting as a dependent activity of the Municipal utilities authorities, and also county util- Delaware River Port Authority. It is not counted as a sepa- ity authorities, that serve only one government are not rate government. counted as separate governments. See “Subordinate Agencies and Areas” below. Fire Districts—1971 Law Passaic Valley Sewerage District A 1971 general law authorizes the creation of fire districts by ordinance of the governing body of any borough, city, This district was created by a special act to provide town, township, or village that does not have a paid fire sewerage facilities in the lower drainage basin of the department, upon petition and after voter approval. A Passaic River. A board of commissioners appointed by the popularly elected board of commissioners governs each Governor with the consent of the Senate governs the dis- district. The district may, after voter approval, set ad trict. The district may issue bonds and apportion costs to valorem taxes and issue bonds. the participating government.
Greenwood Lake Commission Port Authority of New York and New Jersey This commission is counted under “New York—Special This authority is counted under “New York—Special District District Governments.” Governments.”
Incinerator Authorities Sewerage Authorities—1946 Law These authorities acquire, operate, and maintain garbage These authorities to build, operate, and maintain sewer- and refuse disposal facilities. The authorities may be estab- age facilities. They may be established by ordinance of two lished by ordinance or resolution of two or more borough, or more county, city, borough, town, village, or township city, town, township, or village governments. Each authority governments. Authority board members are appointed has a board appointed by the governing body of the estab- by the governing body of the establishing government. lishing government. The authority may fix service charges Sewerage authorities may issue revenue bonds and fix and issue revenue bonds. These authorities may be known service charges. as environmental authorities. There were no joint incinerator Sewerage authorities that serve only one government are authorities reported in operation as of June 30, 2012. not counted as separate governments. See “Subordinate Incinerator authorities that serve only one government are Agencies and Areas” below. not counted as separate governments. See “Subordinate Agencies and Areas” below. Soil Conservation Districts State law divides the state into soil conservation districts. Joint Water Commissions Each district covers one or more counties. Each district These commissions may be created by two or more cities, is governed by a board of supervisors appointed by the boroughs, towns, townships, or villages for which the state soil conservation committee. The district boards may water supply is provided by privately owned waterworks. require contributions from benefited landowners and may The establishing governments may apply to the state supe- charge fees for development permits. rior court to appoint a commission to acquire such water- works by condemnation or purchase. Election or appoint- Solid Waste Management Authorities ment of succeeding commission members is specified by These authorities, created for the collection and disposal agreement between the participating governments except of solid waste, may be established by ordinance of two or that the composition of certain boards is specified by law. more city, borough, town, village, or township governments. The commissions may fix rates and charges for water, and Each authority may issue revenue bonds and fix rates and issue bonds. In addition, the participating municipalities charges. There were no joint solid waste management may issue bonds on behalf of the water commissions. authorities reported in operation as of June 30, 2012.
Municipal and County Utilities Authorities Solid waste management authorities that serve only one government are not counted as separate governments. See These authorities may provide water or sewerage facili- “Subordinate Agencies and Areas” below. ties, or solid waste disposal. They may be established by resolution or ordinance of two or more city, borough,
196 New Jersey Governments—Individual State Descriptions Waterfront Commission of New York Harbor appointed by the Governor with the consent of the senate, one member appointed by the senate’s president, and one This commission is counted under “New York—Special member appointed by the general assembly’s speaker. The District Governments.” state treasurer, the president of the authority, and a member SUBORDINATE AGENCIES AND AREAS of the New Jersey Meadowlands Development Commission also serve on the board. The authority may fix rents, tolls, Shown below are various governmental designations that fees, and charges, and may issue revenue bonds. have certain characteristics of governmental units, but that are classified in Census Bureau statistics as subordi- New Jersey Transit Corporation (state)—This corpo- nate agencies of the state or local governments and are ration was established by 1979 legislation. The corpora- not counted as governments. Legal provisions for some of tion provides ferry, bus, and rail transportation systems. the larger of these are discussed below (see “Public School A board of seven members, of whom four are appointed Systems” above regarding educational agencies of this by the Governor with the consent of the Senate, plus the nature). Commissioner of Transportation, the State Treasurer, and one other member of the Executive Branch chosen by the Housing authorities (county, borough, city, town, Governor, governs the corporation. The Governor also village, or township)—These authorities each serve one appoints one nonvoting member upon recommendation local government and may be created by local ordinance or of the labor organization representing the plurality of the resolution. Each authority’s governing board consists of com- employees of the corporation. The corporation receives missioners appointed by the creating government, plus one revenue from fares, rentals, and other charges. member appointed by the commission of community affairs. In certain counties, however, special acts designate the board New Jersey Transportation Trust Fund Authority composition. The authorities may issue revenue bonds and (state)—This authority was formed by a 1984 act of the fix and collect charges for the use of authority facilities. legislature to finance state highway and transit facilities. A board consisting of the commissioner of transportation, New Jersey Building Authority (state)—This author- the state treasurer, and five other members appointed by ity was created by special act to construct office buildings the Governor, governs the authority. The authority may for use by state agencies. A board of 12 directors governs receive proceeds from state motor vehicle registration fees, the authority, including nine members appointed by the motor fuel taxes, and tolls, and may issue revenue bonds. Governor with the advice and consent of the Senate, plus the State Treasurer, the Comptroller of the Treasury, and Other examples include: the Chair of the Commission on Capital Budgeting and State1, 2 Planning. The authority may receive revenue from rentals and may issue revenue bonds. Capital City Redevelopment Corporation Casino Control Commission New Jersey Educational Facilities Authority (state)— This authority was established by act of the legislature Casino Reinvestment Development Authority to finance the construction of facilities for institutions Catastrophic Illness in Children Relief Fund Commission of higher education. A board of seven members, five of Fort Monmouth Economic Revitalization Planning Authority whom are appointed by the Governor with the consent of Historic New Bridge Landing Park Commission the Senate, plus the chair of the Commission on Higher Education and the State Treasurer governs the authority. Lake Hopatcong Commission The authority may fix rates, rents, fees, and charges, and New Jersey Development Authority for Small Business, issue revenue bonds. Minorities, and Women’s Enterprises
New Jersey Environmental Infrastructure Trust New Jersey Economic Development Authority (state)—This trust (formerly the New Jersey Wastewater New Jersey Health Care Facilities Financing Authority Treatment Trust) was established by 1985 legislation to New Jersey Higher Education Student Assistance Authority finance wastewater treatment and storm water manage- New Jersey Historic Trust ment facilities. A board of seven members governs the trust, New Jersey Housing and Mortgage Finance Agency including four members appointed by the Governor, plus the commissioner of community affairs, the commissioner of New Jersey Meadowlands Commission environmental protection, and the state treasurer. The trust New Jersey Natural Lands Trust may fix fees and charges, and issue revenue bonds. New Jersey Public Broadcast Authority New Jersey Sports and Exposition Authority (state)— New Jersey Redevelopment Authority This authority was established by act of the legislature to New Jersey Schools Development Authority build, operate, and maintain stadiums, race tracks, and New Jersey Turnpike Authority related facilities. A governing board includes 11 members
Governments—Individual State Descriptions New Jersey 197 New Jersey Water Supply Authority Municipal port authorities—1960 law North and South Jersey water supply districts Municipal utilities authorities (single municipality) Palisades Interstate Park Commission Parking authorities Pinelands Commission Port authorities—1948 law (single municipality) Pinelands Development Credit Bank Redevelopment agencies (municipal) South Jersey Port Corporation Regional health commissions South Jersey Transportation Authority Seaquarium authorities State Lottery Commission Sewerage authorities (serving one municipality) State Public Housing and Development Authority Solid waste collection districts—1990 law Tax Lien Financing Corporation Solid waste management authorities (single municipality) Transportation development districts Special improvement districts
County Tourism improvement and development authorities (sixth class counties) Boards of health Township Boards of recreation commissioners (county) Burlington County Pinelands Development Credit Exchange Boards of health County bridge commissions (single county) Boards of recreation commissioners (township) County food distribution authorities Environmental commissions County homelessness trust funds Incinerator authorities (single township) County improvement authorities Intermunicipal park commissions County mosquito extermination commissions Joint agreements for planning and land use control County park commissions Joint flood control commissions County pollution control financing authorities Joint meetings (nonutility services) County utilities authorities (serving one county) Joint meetings for construction of sewers and drains Joint agreements for planning and land use Joint public libraries Joint flood control commissions Landfill reclamation improvement districts (township) Joint meetings (nonutility services) Municipal port authorities—1960 law Parking authorities Municipal utilities authorities (single township) Sewerage authorities (serving one county) Parking authorities Shade tree commissions Port authorities—1948 law (single township) Solid waste management districts Redevelopment agencies (township) Regional health commissions Municipal Seaquarium authorities Boards of health Sewerage authorities (serving one township) Boards of recreation commissioners (municipal) Solid waste management authorities (single township) Environmental commissions Solid waste collection districts—1990 law Incinerator authorities (single municipality) Special improvement districts Intermunicipal park commissions Tourism improvement and development authorities (sixth Joint agreements for planning and land use control class counties) Joint flood control commissions Water districts (single township) Joint meetings (nonutility services) Water districts with ex officio boards Joint meetings for construction of sewers and drains New Jersey laws also provide for various types of local Joint public libraries areas for election purposes and administration of justice.
Landfill reclamation improvement districts (municipal) 1 Legislation authorizing the South Jersey Food Distribution Municipal hospital authorities Authority and the Hackensack Meadowlands Food Distribution Center Commission was repealed in 2007.
198 New Jersey Governments—Individual State Descriptions New Mexico
New Mexico ranks thirty-second among the states in number valorem taxes and issue bonds. Since 1998, no new com- of local governments with 863 active as of June 30, 2012. munity colleges may be created under this law; however, they may be created by state special acts. COUNTY GOVERNMENTS (33) Technical and vocational institute districts were established There are no areas in New Mexico lacking county govern- upon petition of school districts and approval by the state ment. The county governing body is called the board of board of education. Each district is governed by a popularly county commissioners. There are nine classes of coun- elected board. Technical and vocational institute districts ties, eight of which are classified on the basis of assessed may fix tuition and fees, levy ad valorem taxes, and issue valuation and population. The other, H class, counties are bonds. No new technical and vocational institute districts defined as any county which covers an area of not more may be created under general law since 1998; however, than 200 square miles (Los Alamos.) Although Los Alamos districts may be created by state special acts. County is incorporated and performs municipal, as well as county-type services, it is designated a county and Dependent Public School Systems (0) is accordingly counted for Census Bureau purposes as a New Mexico has no dependent public school systems. county government. Other Educational Activities SUBCOUNTY GENERAL PURPOSE GOVERNMENTS (103) The regional education cooperatives, which provide ser- vices to member school districts, are classified for Census Municipal Governments (103) Bureau reporting as dependent activities of the state gov- Municipal governments in New Mexico are the cities, towns, ernment and are not counted as separate governments. and villages. There are no significant differences among Learning center districts may be created to provide post- the various classes of municipalities that would affect their secondary education and workforce development. Districts classification for Census Bureau statistics. The minimum may be created in a school district or community college population requirement for incorporation is 150 residents; district upon adoption of a resolution by the local school the area must contain at least one person per acre. board or community college board, subject to approval by the higher education department. The board members that Township Governments (0) create the learning center district also serve on the board New Mexico has no township governments. of the district. The board may set tuition and fees and, with voter approval, may levy a property tax. Learning center PUBLIC SCHOOL SYSTEMS (96) districts are classified as extensions of educational institu- tions and are not counted as separate governments for School District Governments (96) Census Bureau purposes. The following types of school districts in New Mexico are counted as separate governments for Census Bureau SPECIAL DISTRICT GOVERNMENTS (631) purposes: New Mexico statutes authorize the creation of a variety of • School districts special districts or authorities that are counted as govern- ments. These are discussed in detail below. • Community college districts—1963 law • Technical and vocational institute districts Community Ditches and Acequias An elected board governs each school district. School dis- These entities are established by three or more property tricts may levy ad valorem taxes and, upon voter approval, owners for purposes of irrigation and drainage, ditches, issue general obligation bonds. They may also issue rev- and acequias. They are governed by three elected commis- enue bonds upon approval by the state board of education. sioners and one superintendent, or mayordomo. A ditch or acequia may levy assessments, collect fines, and issue Community college districts, under a 1963 law, were special obligation bonds. established upon petition of voters to the state board of educational finance after voter approval. Each district is governed by an elected board. The districts may levy ad
Governments—Individual State Descriptions New Mexico 199 This law does not apply to ditches and acequias consisting Economic Advancement Districts of only one or two property owners. These are not counted Districts for the acquisition of projects to promote indus- as separate governments. try and trade are established by petition of voters after Community Land Grants referendum. An elected board of trustees governs each district. The districts may obtain revenue from the lease or These consist of grants of land to towns, colonies, pueb- sale of property, levy ad valorem taxes, and issue bonds. los, or communities originally made before 1848 by the No districts of this type were reported in existence as of Spanish or Mexican governments for common use. An June 30, 2012. elected board of trustees manages each grant. The trustees may fix and collect charges for the use of the land. Similar Flood Control Authorities provisions apply to community land grants established The following flood control authorities have been estab- under special acts and to corporations for the management lished by special act to provide flood control facilities: of community land grants. • Albuquerque Metropolitan Arroyo Flood Control Corporations for management of land grants that have Authority reorganized as domestic corporation under the general cor- poration law of the state are classified as private entities; • Eastern Sandoval County Arroyo Flood Control they are not counted as governments. Authority • Las Cruces Metropolitan Flood Control Authority Conservancy Districts • Southern Sandoval County Arroyo Flood Control New Mexico statutes authorize the following types of con- Authority servancy districts: A popularly elected board of directors governs these four Artesian conservancy districts—These districts are districts, each district may provide sewer facilities as well created by the district court on petition of landowners as flood control activities. These districts may levy ad to conserve artesian waters after public hearing. An valorem taxes and issue revenue or general obligation elected board of directors governs each district. The bonds after voter approval. district may levy ad valorem taxes and borrow money. Flood Control Districts—1981 Law Conservancy districts—Conservancy districts are established for flood control, drainage, irrigation, and These districts to provide flood control projects are created water storage purposes upon a landowner petition to by the district court on petition of the voters followed by a the district court and referendum of landowners. The public hearing and by voter approval. A popularly elected districts are governed by elected boards of directors. board of directors governs each district. The districts may The districts may impose special benefit assessments receive revenue from contracts, levy ad valorem taxes, and, and charges for water sales and may issue bonds. with voter approval, issue bonds.
Cotton Boll Weevil Control Districts Irrigation Districts These districts are established to control infestations and The following types of irrigation districts may be estab- threats to cotton producers by the boll weevil after peti- lished by the board of county commissioners on petition tion to the director of the Department of Agriculture, public and after referendum: hearing, and approval by two-thirds of the cotton produc- • Electrical irrigation districts ers within the proposed district. A board of no less than • Irrigation districts (also known as water or conservancy three and no more than seven members governs each districts) district. The districts may levy special assessments. • Irrigation districts cooperating with the United States Eastern New Mexico Water Utility Authority under reclamation laws This authority was created to develop and construct a An elected board of directors governs each district of these water delivery system and deliver water to the local gov- types. These districts may levy property taxes and special ernments within the defined boundaries of the authority. It assessments, fix charges, and issue bonds upon voter is governed by a seven-member board of directors. Three approval. Electrical irrigation districts and irrigation dis- members are appointed by the Clovis city commission, two tricts cooperating with the United States under reclamation are appointed by the Portales city council, one member is laws may generate and sell electric power. appointed by the Curry county commission, and the final Improvement districts created within irrigation districts member is appointed by the remaining municipalities on a are classified as dependent activities of the irrigation rotating basis. The authority may establish and collect fees, tolls, rates, or charges, and issue revenue bonds.
200 New Mexico Governments—Individual State Descriptions districts creating them and are not counted as separate projects. Authorities are created by the county special governments. district commission following a petition by the interim solid waste board and a public hearing. An elected board of Pink Bollworm Control Districts directors governs each authority. The authority may issue Pink bollworm control districts are established by petition general obligation bonds and upon voter approval, collect of cotton producers to the director of the department of ad valorem taxes. agriculture, subject to approval and a referendum of cot- Special Hospital Districts ton producers. A control committee consisting of between three and seven members governs the district. Members These districts are created by the board of county commis- are selected by all eligible cotton producers in the district. sioners to provide, operate, and maintain hospital facilities The committee may levy a property assessment and fix on petition and after local referendum. An elected board of fees for eradication of pink bollworms. trustees governs each district. The districts may fix charges and, after voter approval, may levy ad valorem taxes and Regional Housing Authorities issue general obligation bonds. Some of these districts These authorities, each of which covers several counties, were created by special acts with similar provisions. were established by special act. A board of commission- Water and Sanitation Districts ers appointed by the governor governs each authority. The authorities may accept grants and loans, fix rents, and A general law provides for the creation of these districts by issue bonds. the district court on petition of voters and after a hearing and referendum. In addition to providing water and sewer County or municipal housing authorities, created under a service, these districts may construct streets and street separate law, are not counted as separate governments. improvements, and park and recreational facilities. A popu- See “Subordinate Agencies and Areas” below. larly elected board of directors governs each district. The districts may levy ad valorem taxes, fix tolls and charges, Regional Transit Districts issue revenue bonds, and, with voter approval, issue gen- These districts are established to finance, construct, oper- eral obligation bonds. Some districts were created under ate, and maintain regional transit systems. The districts special acts with similar provisions. may fix fees, tolls, rates, or charges, as well as issue revenue bonds and accept gifts. A board of directors, SUBORDINATE AGENCIES AND AREAS composed of elected officials appointed by the governing Shown below are various governmental designations bodies of members, governs each district. in New Mexico that have certain characteristics of gov- ernmental units but that are classified in Census Bureau Soil and Water Conservation Districts statistics as subordinate agencies of the state or local Soil and water conservation districts are created by the governments or Indian tribes or as private, rather than state soil and water conservation commission upon land- governmental activities, and are not counted as separate owner petition and after a referendum. A popularly elected governments. Legal provisions for some of the larger of board of supervisors governs each district. In addition, the these are discussed below (see “Public School Systems” state commission may appoint two additional supervisors. above regarding educational agencies of this nature). The districts may require contributions, lease property, and, with voter approval, levy ad valorem taxes. Housing authorities (county, municipal, or joint county-municipal)—Housing authorities serving a county Watershed districts may be formed as subdistricts of a soil or municipality are created by resolution of the participat- and water conservation district upon landowner petition ing county or municipal governing bodies. A board of five and after hearing and referendum. A board of directors commissioners, appointed by the governing bodies of elected by landowners governs each watershed district. the participating counties or municipalities, governs each Subject to budget approval by the parent district, water- authority. Housing authorities may fix rents; bonds and shed districts may levy ad valorem taxes. With voter notes issued for the benefit of such authorities are issued approval, the districts may issue bonds. Watershed districts by the parent county or municipal government. are classified as dependent activities of their parent soil and water conservation districts and are not counted as Indian pueblos (tribal)—Pueblos in New Mexico have separate governments. many of the powers of local governments but are not counted as separate governments for Census Bureau Solid Waste Authorities purposes. The power to create these authorities was established New Mexico Mortgage Finance Authority (state)—This under 1993 legislation providing for the acquisition, authority was created by act of the legislature to provide maintenance, and operation of solid waste management mortgage credit for low-income housing. A seven-member
Governments—Individual State Descriptions New Mexico 201 board governs the authority; four members are appointed Improvement districts for streets, sidewalks, sewer, water, by the Governor with the consent of the senate, plus the parking, parks, or utilities (H class counties only) lieutenant governor, state treasurer, and attorney general Local arts and cultural districts (H class counties only) serve in an ex officio capacity. The authority may fix fees Noxious weed control districts and charges in connection with its loans and may issue revenue bonds. Parking authorities (H class counties only) Refuse disposal districts Other examples include: Renewable energy financing districts 1 State Road districts Agricultural commodity commissions Special zoning districts Border Authority Tax increment development districts Fruit marketing districts Wind erosion districts
Grasshopper control districts Municipal Health districts Albuquerque Bernalillo County Water Utility Authority Herd law districts Business improvement districts Industrial and Agricultural Finance Authority Cemetery boards Local armory boards Historic districts New Mexico Educational Assistance Foundation Improvement districts for streets, sidewalks, sewer, water, New Mexico Exposition Center Authority parking, parks, or utilities New Mexico Finance Authority Local arts and cultural districts New Mexico Hospital Equipment Loan Council Metropolitan redevelopment boards or commissions New Mexico Renewable Energy Transmission Authority Park commissions New Mexico State Fair Commission Parking authorities New Mexico Student Loans (formerly known as New Mexico Renewable energy financing districts Student Loan Guarantee Corporation) Tax increment development districts One-variety cotton districts Public School Insurance Authority Joint County-Municipal Regional Spaceport Authorities County-municipal hospital board of trustees Research park corporations County-municipal public improvement districts Solid waste districts—1990 law Water or natural gas associations Spaceport Authority Private associations State Armory Board Community ditches or acequias established by one or two Water districts property owners and water users’ associations are classi- Water trust board fied for Census Bureau statistics as private cooperatives. County2 They are not counted as separate governments.
Bi-State Fair Association (Curry County) New Mexico laws also provide for various types of local areas for election purposes and administration of justice. County fire districts 1 Legislation authorizing the New Mexico Organic Commodity County improvement districts Commission was repealed in 2011. All duties, property, and refer- Emergency flood districts ences of the commission are directed to the state department of agriculture. Historic districts 2 Legislation authorizing urban development agencies and com- munity development agencies (both county and municipal) was repealed in 2007.
202 New Mexico Governments—Individual State Descriptions New York
New York ranks ninth among the states in number of local Towns are divided under general law into two classes governments with 3,453 active as of June 30, 2012. according to population, but there are numerous excep- tions. First-class towns have a population of 10,000 or COUNTY GOVERNMENTS (57) more, while second-class towns have fewer than 10,000 The entire area of the state is encompassed by county gov- inhabitants. However, a town with a population between ernments with the exception of the city of New York. The 5,000 and 9,999 and meeting assessed valuation of real five county areas comprising the city of New York (Bronx, property requirements may choose to become a town of Kings, New York, Queens, and Richmond) are substantially the first class. Under general law, all towns in Westchester consolidated with the city for governmental purposes and County are specified as towns of the first class. Also are not counted as operating governments.1 The city of under general law, all towns in the counties of Suffolk and New York is counted as a municipal government, rather Broome, the town of Potsdam in St. Lawrence County, and than as a county government, in Census Bureau statistics the town of Ulster in Ulster County are specified as towns on governments. The county governing body is called the of the second class, although these towns all have the board of supervisors, the county legislature, the board of option of changing their classification to towns of the first representatives, the legislative board, or the board of legis- class. New York laws also provide for “suburban towns,” lators. County governments in New York have broad home which must have a population of 25,000 or more or a rule powers. minimum population of 7,500 and are near a large city. New York town governments have broad home rule pow- SUBCOUNTY GENERAL PURPOSE ers. Under general law, an elected town supervisor is the GOVERNMENTS (1,543) administrative officer of the town, except in towns with an appointed town manager. The subcounty general purpose governments in New York consist of municipal (city and village) governments and PUBLIC SCHOOL SYSTEMS (715) town governments. These two types of governments are distinguished primarily by the historical circumstances sur- School District Governments (679) rounding their incorporation. City, town, and village govern- The following types of independent school districts in New ments have similar powers and perform similar functions. York are counted as governments:
Municipal Governments (614) • Central school districts In New York, the municipal governments, as defined for • Central high school districts Census Bureau purposes, are the cities and villages. Towns, • City school districts (except in cities with a population which are treated as municipalities in New York statutes, are of 125,000 or more) counted for Census Bureau purposes as towns, rather than • Common school districts municipal governments (see below). Unlike cities, which exist outside the area of any town, villages are included • Enlarged city school districts within town areas and are subject to town taxes for general • Union-free school districts government functions.2 City and village governments have All types of school district governments listed above are broad home rule powers. There is no longer any effective governed by an elected sole trustee, a board of trustees, or size classification of cities or villages. a board of education except as follows: central high school Town or Township Governments (929) district board members are chosen by and from the boards of component school districts; and the boards of some city Although not differing in legally authorized powers from school districts are appointed by the mayor or council. All cities and villages, units designated as “towns” are counted six types of school district governments may levy taxes in Census Bureau statistics as a separate type of govern- and issue bonds, except that the component districts of ment. The entire area of the state is encompassed by town central high school districts levy and collect taxes to meet governments, except for areas within the boundaries of the amounts requested by the central high school districts. cities and Indian reservations.
Governments—Individual State Descriptions New York 203 Dependent Public School Systems (36) Other Educational Activities New York statutes provide for the following types of Boards of cooperative educational services (BOCES) pro- dependent public school systems: vide specialized educational services. They are selected by board members of the participating school districts. Fiscal Systems dependent on county governments (28): needs of boards of cooperative educational services are • Community colleges provided by each participating district based on a formula. Systems dependent on municipal governments (8): These boards are classified as joint educational service agencies of the participating school districts and are not • Community colleges counted as separate governments. • City school districts in cities with a population of 125,000 or more (Buffalo, New York, Rochester, Vocational education and extension boards provide instruc- Syracuse, and Yonkers) tion in agriculture, home economics, and other special sub- jects. The boards are appointed by the county governing • Community school districts (New York City) body. Their fiscal requirements are met by county appro- • City University of New York (community colleges) priations. These boards are not counted as governments, • Fashion Institute of Technology but are classified for Census Bureau purposes as activities of county governments. Community colleges may be established and operated, individually or jointly, by county, city, or school district School supervisory districts are areas outside of cities and governments. Community colleges are dependent agen- certain villages for supervision of local educational activi- cies of the sponsoring county, municipal, or school dis- ties. These districts rely for support on the state and on trict governments. Community colleges are governed by county and town governments in the component school boards of trustees including four members appointed by districts. They are not counted as governments. Each the Governor, one elected by the students of the college, supervisory district is coextensive with a board of coopera- and five appointed by the sponsoring local governments. tive educational service. Financial support of community colleges is provided by School hygiene districts promote the physical welfare of appropriations from the state and sponsoring governments. pupils and health education. These districts are financed by The public school systems serving the cities of Buffalo, the county governing bodies. They are not counted as gov- New York, Rochester, Syracuse, and Yonkers are not ernments, but are classified, for Census Bureau purposes, counted as separate governments for Census Bureau as adjuncts of the county government. purposes, but are classified as dependent agencies of the respective city governments. The boards of these five SPECIAL DISTRICT GOVERNMENTS (1,174) public school systems are elected in Buffalo, Rochester, New York statutes authorize the creation of a variety of and Syracuse; appointed by the mayor in Yonkers; and special districts or authorities that are counted as govern- appointed by the mayor and the borough presidents in the ments. These are discussed in detail below. city of New York. The New York City board also includes the school chancellor as chair. Fiscal requirements of these Albany Convention Center Authority five public school systems are determined by the city Authorized by special act in 2004, the authority is respon- government. sible for the design, development, planning, financing, con- Community school districts in the city of New York each struction, and operation of a convention facility in the city have an appointed community district education council of Albany. The nine-member board is appointed as follows: and a community superintendent. These councils manage three by the Governor, one by the president of the senate, the local schools but are subordinate fiscally and otherwise one by the speaker of the assembly, two by the mayor of to the school chancellor. They are not counted as govern- the city of Albany with the consent of the common council, ments for Census Bureau purposes. and two by the county executive of Albany County with the advice and consent of the county legislature; all serve at The community colleges of the City University of New York the pleasure of the appointing authority. The authority may are dependent agencies of the city of New York for Census fix and collect assessments, costs, rentals, fees, and other Bureau purposes. Senior colleges operated by the City charges and may issue general or special obligation hotel University of New York are classified as state institutions for revenue bonds. Census Bureau purposes.
The Fashion Institute of Technology is operated by the pub- Albany Port District lic school system of the city of New York. It is not counted The Albany Port District was created by special act to as a separate government for census purposes, but is clas- develop port facilities in the Albany area. The commis- sified as a dependent agency of the city of New York. sion consists of five members: four residents of the city
204 New York Governments—Individual State Descriptions of Albany appointed by the Governor upon nomination two appointed by the governing bodies of each member of the mayor of Albany, and one resident of Rensselaer county, two by the city of Watertown, and five nonvot- appointed by the Governor upon nomination of the mayor ing members by the Governor, governs the authority. The of Rensselaer. The port commissioners are authorized to authority may fix rates, rents, fees, and charges, and may fix fees, rates, rentals, and other charges for its facilities. issue revenue bonds. The port commissioners are authorized also to issue both general obligation and revenue bonds. Fire Districts Two types of fire districts, both of which provide fire Chautauqua Utility District protection in the areas they serve, are counted as separate This district was created by special act to provide water, governments: heat, light, power, telephone, fire protection, garbage Joint Fire Districts—These districts may be created disposal, and sewage utilities to parts of the town of by concurrent resolution of the town board of one or Chautauqua. It is governed by an elected board of commis- more towns and the trustees of one or more incorpo- sioners. The district may levy ad valorem taxes and may rated villages, following public hearing and permissive charge fees for its services. The district may issue general referendum. The governing board of fire commissioners obligation and revenue bonds. is appointed jointly by the town and village boards or Consolidated Health Districts is elected. Such districts may determine the amount of taxes to be levied for their needs and may issue general These districts are established by the state commissioner obligation bonds. of health on request of the governing bodies of two or more cities, towns, or villages. A board of health, consist- Town Fire Districts (outside the area of incorpo- ing of the supervisor of each town, the president of the rated villages)—These districts may be created by board of trustees of each village, and the mayor and the the town board or by two or more town boards acting supervisors of each city included in the district, governs concurrently on petition of taxpayers paying real prop- each district. If the membership of the board exceeds erty taxes or on its own motion, and with permission of seven, these officials select a three-member board. The the state comptroller. They are governed by elected fire districts determine the amount of taxes to be levied for commissioners. The district commissioners determine their use. the district fiscal requirements and may issue general obligation bonds. These districts are to be distinguished from county and local health districts that are not counted as separate gov- These two types of fire districts are distinguished from ernments. See “Subordinate Agencies and Areas” below. town fire alarm and fire protection districts, which are not counted as governments. See “Subordinate Agencies and Cooperative Library Systems Areas” below.
These systems may be chartered by the board of regents of Greenwood Lake Commission the University of the State of New York upon request of the boards of trustees of two or more libraries chartered by the This commission was created to restore and preserve regents to provide improved and expanded library service Greenwood Lake, which is located in Passaic County in New to the area. Cooperative library systems are governed by Jersey and Orange County in New York. The commission a board of trustees elected by member library boards. All consists of 11 members, including members appointed areas of the state are included in both of two cooperative by the state and local officials in both states, plus state systems, one for general library services and one for refer- officials serving ex officio and one representative of the ence and research library resources. Each library system is Greenwood Lake Watershed Management District. The com- counted as a special district government. mission is authorized by the state of New York to set boat, dock, and mooring fees, and to receive appropriations and Development Authority of the North Country grants from other governments.
This authority was established by 1985 legislation as a Hudson-Mohawk Urban Cultural Park regional development authority to institute a comprehen- Commission sive, coordinated program of economic development in the three county area of Jefferson, Lewis, and St. Lawrence. This commission was created under an interlocal agree- Infrastructure and development projects include the devel- ment and validated by a special act. It is governed by a opment, financing, acquisition, construction, and opera- board of commissioners consisting of ten voting officials tion of water, sewer, and solid waste disposal facilities, representing seven cities, towns, and villages and the and the financing of business development programs and counties of Albany, Rensselaer, and Saratoga, plus the housing construction initiatives. A board of 13 members, non-voting commissioner of the state office of parks,
Governments—Individual State Descriptions New York 205 recreation, and historic preservation. Projects of the • Franklin County Solid Waste Management Authority commission are within a state designated heritage area. • Greater Troy Area Solid Waste Management Authority Revenues are derived from the lease, rental, and sale of • Montgomery, Otsego, and Schoharie Solid Waste projects. The commission may issue revenue bonds. Management Authority Hyde Park Fire and Water District • Oneida-Herkimer Solid Waste Management Authority • Onondaga County Solid Waste Management Authority This district was created by special act to provide fire pro- tection and water supply to parts of the town of Hyde Park. • Rockland County Solid Waste Management Authority It is governed by an elected board of trustees. The district • Western Finger Lakes Solid Waste Management Authority may levy ad valorem property taxes and may charge fees for its services. The district may issue general obligation Similar provisions apply to each of these authorities. Their bonds with voter approval. board members consist of representatives of the counties or municipalities served. These authorities may collect fees Lake Districts and charges, and may issue revenue bonds.
The following districts have been created by special act to Niagara Falls Bridge Commission manage resources in areas bordering a lake: This commission was created by an act of Congress as an • Cuba Lake District instrumentality of international commerce to build, oper- • Rushford Lake Recreation District ate, and maintain toll bridges across the Niagara River. • Saratoga Lake Protection and Improvement District The commission consists of four members appointed by the Governor of New York and four appointed by Canadian The boards of these districts may be elected, appointed, authorities. The commission may fix rates and tolls, and or a combination of both. These districts may levy ad may issue revenue bonds. valorem taxes. Port Authority of New York and New Jersey Library Districts and Library Funding This authority was created by an interstate compact Districts—Special Acts between New York and New Jersey. The authority may con- Several library districts and library funding districts with struct, own, and operate terminal and transportation facili- substantially uniform provisions were created by special ties in the New York City area, including airports, bus and acts. Library funding districts differ from library districts truck terminals, economic development projects, marine in that they provide library services by contracting for terminals, interstate rail transit, and interstate bridges and services with neighboring public or association libraries. tunnels. The authority also leases equipment to bus and Library districts and the Carle Place Library Funding District rail transit and commuter rail systems in the area it serves in Nassau County are governed by elected boards of and finances improvements to rail freight facilities. A board trustees. These districts are entitled to the proceeds of ad of commissioners appointed by the Governors of the two valorem tax levies as approved by the voters. states governs the authority. The authority may issue rev- enue bonds, and fix tolls and charges. Library districts governed by appointed boards or whose budgets are subject to approval by another government Regional Market Authorities are not counted as separate governments. Library fund- ing districts without boards of trustees are not counted Regional market authorities, authorized by special acts and as separate governments. See “Subordinate Agencies and having substantially uniform provisions, provide facilities for Areas” below. marketing agricultural produce. Each authority board con- sists of the state commissioner of agriculture and markets School district libraries that are classified as special dis- or a representative, plus appointees of the county boards of tricts are discussed below. supervisors. These authorities may issue revenue bonds and may fix and collect rents, fees, and other charges. Multi-Jurisdictional Solid Waste Management Authorities School District Libraries The following authorities of this type have been created by These libraries are created by a majority vote of the elec- special acts: tors in a school district (other than a city school district). • Babylon and Huntington Solid Waste Management The charter is granted by the board of regents of the Authority (in Suffolk County) University of the State of New York. The libraries are governed by an elected board of trustees. The library • Eastern Rensselaer County Solid Waste Management may receive the proceeds of a voter approved ad valorem Authority tax levy; library budgets are subject to voter approval. A • Essex County Solid Waste Management Authority
206 New York Governments—Individual State Descriptions school district library may request a referendum for the Waterfront Commission of New York Harbor funding of capital projects through the issuance of debt. If This interstate commission was established by New York approved by the voters, the school district must issue debt and New Jersey for the purpose of reducing criminal and on behalf of the library. corrupt practices in the handling of waterborne freight Sherrill Kenwood Water District within the Port of New York. The commission consists of two members, one chosen by the Governor of each This district was created by special act to provide water to state with the consent of the senate. The commission the city of Sherrill and parts of the city of Oneida. It is gov- may impose a tax not to exceed two percent on the gross erned by an elected board of trustees. The district may levy payroll payments made by employers of persons registered ad valorem taxes and issue general obligation bonds. under this compact.
Southern Tier Extension Railroad Authority SUBORDINATE AGENCIES AND AREAS This authority was created by special act in 2000. It oper- Shown below are various governmental designations in ates in Allegany, Chautauqua, Cattaraugus, and Steuben New York that have certain characteristics of governmental counties in New York, and Warren and Erie counties in units. These entities are classified in Census Bureau statis- Pennsylvania. The 14-member governing body is appointed tics as subordinate agencies of the state or local govern- as follows: the legislative bodies of Allegany, Cattaraugus, ments and are not counted as separate governments. Legal Chautauqua, and Steuben Counties each appoint three vot- provisions for some of the larger of these are discussed ing members; the Southern Tier West Regional Planning and below (see “Public School Systems” above regarding educa- Development Board appoints one voting member; and the tional agencies of this nature). Seneca Nation of Indians may appoint one nonvoting mem- ber. The authority may establish, levy, and collect fares, Among the subordinate agencies and areas listed below, tolls, rentals, rates, charges, and other fees for the use and some represent “special taxing areas” within the territory of operation of any railroad facility or related services, and an established government. This method of financing addi- may issue bonds. tional services in limited areas by property taxation, while more widely used by county governments in most states, Upper Mohawk Valley Regional Water Finance is an important adjunct of town governments in New York Authority (see “Municipal Governments” above). In the listing below of authorized county and town related agencies, an asterisk (*) This authority was created to finance water supply proj- appears for each entity of this kind—i.e., any that may indi- ects in the city of Utica and in the surrounding towns and vidually serve a portion rather than all of the county or town villages. It is governed by a board consisting of represen- with which it is associated, and for which a tax may be levied tatives of the city, the county of Oneida, and surrounding against the assessed value of property in the area served. towns and villages in the service area. The authority may collect fees and charges, and may issue revenue bonds. Battery Park City Authority (state)—This authority was created by special act to promote the development of an Upper Mohawk Valley Regional Water Board area on the lower west side of Manhattan. A seven-member This board was created to operate the water supply system board appointed by the Governor governs the author- in the city of Utica and surrounding communities. It is gov- ity. The authority may collect rents, fees, and charges; erned by a board consisting of city, county, village, and town accept grants and contributions; and issue revenue appointees. The board may collect fees and charges for its bonds. The authority may create wholly-owned subsidiary services. The board may contract for indebtedness with the corporations. Upper Mohawk Valley Regional Water Finance Authority. Buffalo and Fort Erie Public Bridge Authority (state)—This authority was created by special act to oper- Water Authorities in Nassau County—Special ate the Peace Bridge and is sometimes referred to as the Acts Peace Bridge Authority. The authority has a ten-member Two water authorities in Nassau County, both created board, five from New York and five from Canada. New York by special acts, are counted as governments for Census members are the attorney general, the commissioner of Bureau purposes—the Water Authority of Great Neck North transportation, and the chairperson of the Niagara Frontier and the Water Authority of Western Nassau County. Similar Transportation Authority, in an ex officio capacity, plus two provisions apply to both authorities. Each is governed by members appointed by the governor with the consent of a board of directors representing the municipalities and the senate. The authority may collect bridge tolls and rent- towns served. The authorities may fix rates and charges, als, and may issue revenue bonds. and may issue revenue bonds.
Governments—Individual State Descriptions New York 207 Dormitory Authority of the State of New York the authority board are appointed by the governor with (state)—This authority was established to finance and the consent of the senate, with four of the appointees on construct buildings for schools, childcare facilities, judicial recommendation of the mayor of New York City and seven and court facilities, hospitals, cultural centers, and other others selected from lists submitted by chief executives institutions. The authority board consists of the commis- of the counties. The authority may fix fares, tolls, rentals, sioner of education, the commissioner of health, the state charges, and other fees. The authority may issue revenue comptroller or a representative, the director of the budget, bonds, receive the proceeds of state general obligation five members appointed by the Governor, and two mem- bonds for mass transportation purposes, and receive bers appointed by state legislative leaders. The author- surplus funds from the Triborough Bridge and Tunnel ity may fix and collect rents and charges, and may issue Authority. In addition, the authority may finance facilities revenue bonds. to be leased to New York City Transit Authority.
Health Research, Inc. (state)—Organized in 1953 under In addition, the Metropolitan Transportation Authority the not-for-profit corporation law, this entity solicits and board administers the New York City Transit Authority and administers financial support for department of health proj- the Triborough Bridge and Tunnel Authority, both of which ects and then disseminates resulting benefits and expertise are classified as dependent agencies of the city of New through programs such as technology transfer programs. York for Census Bureau purposes and are not counted as Initially the corporation primarily served the research governments. programs of Roswell Park Cancer Institute; however, the Municipal Assistance Corporation for the City of corporation now also serves major department of health New York (state)—This corporation was dissolved as of programs located in other department of health organiza- September 2008. tions and institutions. Revenues include grants and other monies from the federal government, state government, Nassau County Bridge Authority (county)—This industry, individuals, and other foundations. authority was created by special act to build, operate, and maintain the Atlantic Beach Bridge. A five-member board Housing authorities (municipal and town)—These appointed by the county executive, with the approval of authorities are established individually by special acts, the county board of supervisors, governs the authority. but general law regulates their operation and financing. A The authority may collect tolls, charges, and fees, and may board, appointed by the mayor (in the case of a city or vil- issue revenue bonds. lage housing authority) or the town governing body (in the case of a town housing authority), governs each author- New York City Educational Construction Fund (munic- ity. An authority may issue bonds and may collect rentals, ipal)—This fund was created by an act of the legislature to but administrative costs are met by city, town, or village finance the construction of school buildings within the city appropriations. of New York. The three-member board of trustees includes the chancellor of the city school district serving as chair Industrial development agencies and authorities plus two trustees appointed by the mayor. The fund may fix (county, municipal, or town)—These authorities are rentals, fees, and charges, and may issue revenue bonds. established by special acts, but with substantially uniform provisions for each. Industrial development agencies or New York City Housing Development Corporation authorities are created to finance industrial, pollution (municipal)—This agency was formed to stimulate control, or winter recreation facilities. Members of the development and restoration of housing in the city of New agency board are appointed by the county, city, town, or York by providing low-interest loans. Its governing board village governing body. Industrial development agencies consists of the commissioner of housing preservation and or authorities may fix rentals, fees, and charges, and may development, the commissioner of finance, the director of issue revenue bonds. management and budget, two members appointed by the governor, and two appointed by the mayor. The corpora- Long Island Power Authority (state)—This authority tion issues revenue bonds to finance its mortgage loans. was created by a 1986 act of the legislature to acquire, maintain, and operate gas and electric utilities in Nassau New York City Municipal Water Finance Authority and Suffolk Counties. The authority is governed by a (municipal)—This authority, created by special act, is board of 15 trustees with nine appointed by the Governor, responsible for financing water supply and sewage dis- three appointed by the president of the senate, and three posal facilities in the city of New York. The authority board appointed by the speaker of the assembly. The authority of directors consists of seven members, two of whom are may fix rates and charges, and may issue revenue bonds. appointed by the mayor and one by the governor, plus the following officials ex officio: city commissioner of envi- Metropolitan Transportation Authority (state)—This ronmental protection, city director of management and authority was established by special act to coordinate bus budget, city commissioner of finance, and state commis- and rail transit, and commuter rail service in the vicin- sioner of environmental conservation. The authority may ity of New York City. The chairperson and 16 members of
208 New York Governments—Individual State Descriptions issue revenue bonds upon approval of the city comptroller New York State Environmental Facilities Corporation or other city officials as circumstances require. The author- (state)—This corporation was created by act of the legis- ity receives the proceeds of charges imposed by the New lature to finance sewerage systems, solid waste disposal York City Water Board. facilities, air pollution control facilities, water management facilities, and storm sewers. A board of seven directors New York City Transit Authority (municipal)—This governs the corporation, including four appointed by the authority, created by special act, operates local bus and rail Governor, the commissioner of environmental conserva- transit within the City of New York. It is administered by tion, the commissioner of health, and the secretary of the board of the Metropolitan Transportation Authority (see state. The corporation may make loans, fix and collect above). The authority may fix and collect fares, issue rev- fees, rentals, and charges, and issue revenue bonds. enue bonds and equipment trust certificates, make agree- ments with the New York City Transit Construction Fund, New York State Housing Finance Agency (state)—This and receive surplus funds from the Triborough Bridge and agency makes mortgage loans for housing and medical Tunnel Authority. Capital costs are financed through city facilities. The agency board consists of the commissioner and state bond issues. of housing and community renewal, the director of the budget, the commissioner of taxation and finance, and four New York City Water Board (municipal)—This board members appointed by the governor with the consent of that operates water and sewer facilities in the city of New the senate. The agency may collect fees and charges, and York was created by act of the legislature. The board may issue revenue bonds. consists of seven directors appointed by the mayor. The board imposes rates, fees, rents, and charges sufficient New York State Project Finance Agency (state)—This to pay debt service on bonds issued by the New York City agency was created by special act to assist the New York Municipal Water Finance Authority and by New York City, State Urban Development Corporation in the financing of and also sufficient to pay New York City’s costs related to its operations. The agency board consists of the commis- the water and sewer systems. sioner of taxation and finance, the commissioner of hous- ing and community renewal, the director of the budget, the New York Job Development Authority (state)—This chairperson of the New York State Housing Finance Agency, authority was established by special act to create and and three members appointed by the governor with the improve job opportunities. The authority board consists consent of the senate. The agency may receive proceeds of the commissioner of economic development, the com- from state appropriations and from fees charged in con- missioner of labor, the commissioner of agriculture and nection with its mortgage loans. The agency may issue markets, and the superintendent of banks serving ex offi- revenue bonds. cio, plus seven members appointed by the governor with the advice and consent of the senate. The authority may New York State Thruway Authority (state)—This receive state appropriations and proceeds from its loans authority was established by special act to build, operate, and investments, and may issue revenue bonds. and maintain the Thomas E. Dewey Thruway. A three-mem- ber board appointed by the governor with the consent of New York State Bridge Authority (state)—This author- the senate governs the authority. The authority may collect ity was established by special act to build, operate, and tolls, fees, rentals, and charges. maintain toll bridges across the Hudson River. The five- member authority board is appointed by the governor with New York State Urban Development Corporation the consent of the senate. The authority may collect tolls (state)—This public corporation, now doing business as and issue revenue bonds. the Empire State Development Corporation, was formed to finance industrial, commercial, and residential projects in New York State Energy Research and Development blighted or slum areas. The corporation also finances the Authority (state)—This authority was created to develop construction and modernization of state-owned facilities. Its and implement new energy technologies. The authority governing body consists of the superintendent of banks, the also is responsible for nuclear waste disposal facility siting chairperson of the New York State Science and Technology and low-level radioactive waste management. The author- Foundation, and seven directors appointed by the governor ity board consists of the commissioner of the department with the consent of the senate. The corporation may collect of transportation, the commissioner of environmental con- rents and charges, and may issue revenue bonds. servation, the chairperson of the public service commis- sion, the chairperson of the Power Authority of the State of Power Authority of the State of New York (state)— New York, and nine members appointed by the governor This authority was created by special act to build, operate, with the consent of the senate. The authority may fix and and maintain hydroelectric projects. Subsequent legisla- collect fees, rentals, and charges for the use of property tion authorized the development and operation of nuclear, or facilities or for the sale of products or services; accept pumped storage hydroelectric, and fossil fuel generation gifts, grants, and loans; and issue revenue bonds. facilities. The authority board consists of five members
Governments—Individual State Descriptions New York 209 appointed by the governor with the consent of the senate. parking facilities within the city of New York and the New The authority may issue revenue bonds and may collect York Coliseum. It is administered by the board of the rates, fees, and charges for services. Metropolitan Transportation Authority (see above). The authority may issue revenue bonds and collect rates, tolls, Research Foundation for Mental Hygiene, Inc. and rentals. (state)—Organized as a not-for-profit membership cor- poration in 1952, this foundation assists and enhances Trust for Cultural Resources of the City of New York the research and training objectives of the New York State (municipal)—This trust was created by 1976 legislation to Department of Mental Hygiene and its component agen- finance facilities for cultural institutions in the city of New cies. It is governed by a board of directors consisting of 26 York. A board of seven trustees governs the trust, with five prominent scientists, administrators, and government offi- appointed by the mayor, plus the deputy mayor for finance cials. Revenues include grants and other monies from the and economic development and the chairperson of the federal government, state government, industry, individu- New York City Industrial Development Agency, who serve als, and other foundations. in an ex officio capacity. The trust may receive tax equiva- lency payments from combined-use facilities and may issue Soil and water conservation districts (county, munici- revenue bonds. pal)—These districts are created by resolution of the county governing body to provide soil and water conserva- United Nations Development District and tion services. A board of directors governs each district; it Corporation (municipal)—This corporation was created consists of five or seven directors appointed by the county by act of the legislature to finance facilities for the United governing body, including two directors who are members Nations headquarters. A board of directors, consisting of of the county governing body. By statute, Nassau County the chairperson of the New York City Planning Commission, has a seven-member board of directors appointed by the the New York City housing and development administra- county executive with the consent of the county govern- tor, plus eight members appointed by the governor and ing body and Westchester and Rockland counties have five members appointed by the mayor of the city of New five-member boards of directors appointed by the county York, governs the corporation. The corporation may receive executives. The district serving New York City is governed revenue from the lease or sale of properties and may issue by a nine-member board consisting of seven members revenue bonds. appointed by the mayor and two appointed by the city Urban renewal or community development authori- council. The districts may require contributions from ben- ties (municipal and town)—These agencies are estab- efitted landowners and receive reimbursement for some lished individually by special acts, but a general law regu- expenditures from the state government. lates their government and financing. The governing body State of New York Mortgage Agency (state)—This may be provided for by the special acts or by general law agency purchases mortgage loans from banks making and may comprise appointed or ex officio officials, or com- loans to students. Its governing body consists of the super- binations of both. The authority may receive rentals and intendent of banks, the state comptroller or designee, the other income from projects, and may issue revenue bonds. director of the budget, the commissioner of housing and Other examples include: community renewal, one member appointed by the presi- dent pro tempore of the senate, one member appointed by State3, 4 the speaker of the assembly, and three members appointed by the governor with the consent of the senate. The agency Adirondack Park Agency may fix premiums or fees in connection with its loans or Affordable Housing Corporation purchases, and may issue revenue bonds. Agriculture and New York State Horse Breeding Development Fund Thousand Islands Bridge Authority (county)—This authority was established by special act to build, oper- Canal Recreationway Commission ate, and maintain the American crossing of the Thousand Capital District Transportation Authority (owns Albany area Islands Bridge complex over the American channel of the transit system) St. Lawrence River, plus convention, cultural, and sports Central New York Regional Transportation Authority facilities in Jefferson County. A board appointed by the City University of New York Research Foundation chair of the county board of supervisors of Jefferson County, with the consent of that board, governs the author- Drainage improvement districts ity. The authority may issue revenue bonds and collect Empire State Plaza Art Commission rates, user fees, rents, and tolls. Forest fire districts Triborough Bridge and Tunnel Authority (munici- Fruiting currant districts pal)—This authority was created by special act to Homeless Housing and Assistance Corporation build, operate, and maintain toll bridges, tunnels, and
210 New York Governments—Individual State Descriptions Housing Trust Fund Corporation Nassau County Police District (excludes any villages and Joint river regulating, river improvement, and drainage cities which have police departments) improvement districts Suffolk County Police District (Includes towns of Babylon, Lake George Park Commission Brookhaven, Huntington, Islip, and Smithtown) Natural Heritage Trust County small watershed protection districts Nelson A. Rockefeller Empire State Plaza Performing Arts County solid waste or resource recovery authorities Center Corporation County tuberculosis hospitals New York City University Construction Fund County water or water and sewer authorities (special acts) New York Convention Center Operating Corporation County water, sewer, waste water disposal, drainage, and New York Local Government Assistance Corporation refuse districts New York State Archives Partnership Trust Economic development zones (also known as empire zones) New York State Higher Education Services Corporation Economic development zone capital corporations New York State Institute on Superconductivity Erie County Medical Center Corporation New York State Municipal Bond Bank Agency Greater Rochester Sports Authority New York State Olympic Regional Development Authority Local water and sewer authorities (county) New York State Racing and Wagering Board Long Island Job Development Authority New York State Sports Authority Monroe County Airport Authority New York State Theatre Institute Corporation Oneida County Sports Facility Authority New York State Thoroughbred Breeding and Regional off-track betting corporations DevelopmentFund Corporation Schenectady Metroplex Development Authority Niagara Frontier Transportation Authority (including Suffolk County Judicial Facilities Agency Niagara Frontier Port Authority) Tompkins Consolidated Area Transit Ogdensburg Bridge and Port Authority Upper Mohawk Valley Memorial Auditorium Authority Palisades Interstate Park Commission (Oneida)
River improvement districts Municipal5, 6 River regulating districts Albany Municipal Water Finance Authority Rochester-Genessee Regional Transportation Authority (owns Rochester area transit system) Albany Water Board Roosevelt Island Operating Corporation Brooklyn Navy Yard Development Corporation (New York City) Roswell Park Cancer Institute Corporation Buffalo Municipal Water Finance Authority State park commissions Buffalo Sewer Authority State University Construction Fund Buffalo Water Board Business improvement districts County Business Relocation Assistance Corporation (New York City) Agriculture districts Center Authority of Glens Falls Albany County Airport Authority City drug control authorities Chautauqua County Sports, Recreation and Cultural Authority Economic development zones (also known as empire zones) County drug control authorities Economic development zone capital corporations County health care corporations Elmira Water Board Nassau Health Care Corporation Green Island Power Authority (Village of Green Island, Westchester County Health Care Corporation Albany County) *County health districts (county-wide and part-county) Hudson River Park Trust (New York City) County hurricane protection, flood, and shoreline erosion Joint garbage and refuse districts control districts (Suffolk County) Joint water districts (joint village and town) County mosquito control commissions Joint water works systems County park commissions Library districts (governed by appointed boards) County police districts Local water and sewer authorities in cities, towns, or villages
Governments—Individual State Descriptions New York 211 Municipal Assistance Corporation for the city of Troy *Public improvement districts and special improvement Municipal theme districts districts (for beach erosion, drainage, lighting, parks, parking, police, docks, garbage removal, sewers, New York City Capital Resource Corporation sidewalks, snow removal, street improvement, and New York City Economic Development Corporation water supply) New York City Fiscal Year 2005 Securitization Corporation Resource recovery authorities New York City Health and Hospitals Corporation Brookhaven Town Resource Recovery Agency New York City Hudson Yards Development Corporation Islip Town Resource Recovery Authority New York City Hudson Yards Infrastructure Corporation *Town fire-alarm and town fire-protection districts New York City Marketing Development Corporation Town library districts (governed by appointed boards) New York City Off-Track Betting Corporation Town park districts New York City Sales Tax Asset Receivable Corporation Private Associations New York City School Construction Authority New York City Transit Construction Fund The American Museum of Natural History Planetarium Authority is governed by the trustees of the American New York City Transitional Finance Authority Museum of Natural History, a private organization. This Parking authorities authority is therefore treated as a subsidiary of a private Peekskill Civic Center Authority organization and is not counted as a government.
Port of Oswego Authority Drainage section associations are not counted as govern- Rome City Historic Development Authority ments for Census Bureau purposes. They are operated as Salamanca Indian Lease Authority private associations. Saratoga Springs City Center Authority Association libraries and museums are classified as private Schenectady special assessment districts entities, except in cases where their boards consist of a Syracuse Special Assessment District majority of public officials or members appointed by public officials. In these cases the library or museum is classified Syracuse Regional Airport Authority as a dependent activity of the sponsoring government. Tobacco Settlement Asset Securitization Corporation (TSASC, Inc.) New York laws also provide for various types of local areas for election purposes and administration of justice. Utica Transit Authority
Town7 1 These five county areas are coextensive with the boroughs of Clifton Park Town Water Authority Bronx, Brooklyn, Manhattan, Queens, and Staten Island, respec- tively. Clifton-Fine Health Care Corporation 2 In three instances where a town is coterminous with a vil- Economic development zones (also known as empire zones) lage—East Rochester, Scarsdale, and Mount Kisco—the village officers also serve as town officers and the town budget is subject Economic development zone capital corporations to approval by the village trustees. These three governments are counted only once in Census Bureau statistics on governments. Fire alarm districts By contrast, two other towns (Green Island and Harrison) that are Fire protection districts coterminous with one village each, and two towns (Pelham and Rye) that are coterminous with two villages each, are counted as Fishers Island Ferry District separate town governments. In Green Island, Harrison, Pelham, Joint garbage and refuse districts and Rye, the towns perform functions that are distinct from func- tions performed by the villages and actions of the town officers Joint water districts (joint village and town) are not subject to review by the village trustees. 3 Legislation authorizing the Industrial Exhibit Authority was Lake Park Districts repealed in 2009. 4 Loon Lake Park District Legislation authorizing the New York State Theatre Institute Corporation was repealed in 2011. Schroon Lake Park District 5 All of Jay Street Development Corporation bonds were redeemed and operations ceased in 2008. Local water and sewer authorities (town) 6 The New York City Samurai Funding Corporation was dis- North Hempstead Town Solid Waste Management Authority solved in 2004. 7 The Adirondack Regional Hospital District was dissolved in Parking authorities 1990.
212 New York Governments—Individual State Descriptions North Carolina
North Carolina ranks thirtieth among the states in number administer their own budgets within the county appropria- of active local governments with 973 active as of tions. Voters may approve an additional tax levy. June 30, 2012. North Carolina statutes also provide for the establishment COUNTY GOVERNMENTS (100) of community colleges and technical colleges, which may serve one or more counties. A board of trustees consisting There are no areas in North Carolina lacking county gov- of four trustees appointed by the boards of education of all ernment. The county governing body is called the board of county and city administrative units served, four trustees county commissioners. Legislation enacted in 2005 allows appointed by the county commissioners of all counties counties with no incorporated municipalities to exercise served, four trustees appointed by the Governor, and the 1 most municipal functions, subject to referendum. president of the student body ex officio governs each insti- tution. These institutions are financed primarily through SUBCOUNTY GENERAL PURPOSE state appropriations; taxes may be levied, after a referen- GOVERNMENTS (553) dum, by each county and serve as a secondary source of Municipal Governments (553) revenue. The State board of community colleges fixes and regulates all tuitions and fees. Each institution is classified Municipal governments in North Carolina are the cities, as a dependent agency of the county government it serves; towns, and incorporated villages, among which there are none are counted as separate governments. no significant differences in legal powers or status. Other Educational Activities Township Governments (0) Education “districts” are state areas for administration of North Carolina has no township governments. Each county education activities and are not counted for Census Bureau is divided into geographic areas called townships for elec- purposes as separate governments. tion purposes. SPECIAL DISTRICT GOVERNMENTS (320) PUBLIC SCHOOL SYSTEMS (173) North Carolina statutes authorize the creation of a variety School District Governments (0) of special districts or authorities that are counted as gov- ernments in Census Bureau statistics. These are discussed North Carolina has no independent school district in detail below. governments. Airport Authorities and Commissions (special Dependent Public School Systems (173) acts) North Carolina statutes authorize the following types of Airport authorities and commissions may be established dependent public school systems: jointly by two or more local governments. The governing Systems dependent on county governments (173): boards are appointed by participating governments. Airport authorities and commissions may fix rates and charges in • County and city school administrative units (115) most cases. Subject to voter approval, the authorities may • Community colleges and technical colleges (58) levy ad valorem taxes. In addition, most may issue revenue bonds. Additional financing provisions are available to School administrative units in North Carolina are not airport authorities through the creation of special airport counted in Census Bureau statistics as independent local districts described below. governments, but are classified as dependent agencies of the county governments. This classification applies to Similar agencies serving a single county or city are not the “city” administrative units that administer schools in counted as separate governments for Census Bureau pur- and near various municipalities, as well as to the county poses. See “Subordinate Agencies and Areas” below. administrative units that are directly concerned with other Butner Public Safety Authority schools. County administrative units have elected boards of education. Most city administrative units also have This authority was established by a 2011 act of the elected boards of education. In a few city units, how- legislature. The authority was created to provide fire and ever, the board is appointed by the city council. The units police protection for the territory of the Camp Butner
Governments—Individual State Descriptions North Carolina 213 Reservation and corporate limits of the Town of Butner. Hospital Authorities—1943 Law This authority receives assets and provides services Hospital authorities may be created to provide and operate previously held and provided by the Butner Public Safety hospitals in any municipality or county by resolution of the Division of the Department of Public Safety. The authority municipal council or the county board of commissioners. is composed of seven members; three appointed by the A board of commissioners appointed by the mayor or the Town of Butner, three appointed by the Secretary of Public chairperson of the county board, as appropriate, governs Safety, and one appointed by the Granville County Board of each authority. In counties with a population of less than Commissioners. The authority contracts with both the State 75,000, the commissioners are appointed by the county and the Town of Butner to provide services and may adopt board of commissioners. The authorities may issue revenue a budget to be funded by the State and the Town of Butner. bonds, and fix and collect rates and fees. Centennial Authority Housing Authorities This authority, created by special act in accordance with North Carolina statutes authorize four types of housing statutes governing facility authorities, is responsible for authorities—city, county, regional, and consolidated hous- the development and operation of an all-purpose facility ing authorities. An individual county or a municipality of for sports, health, recreation, entertainment, and cultural 500 inhabitants or more may establish a housing author- activities. Of the 21 authority members, ten are appointed ity through resolution of its governing body on petition by the North Carolina General Assembly, four by the Wake of residents; two or more contiguous counties having an County board of commissioners, four by the Raleigh City aggregate population of more than 60,000 may establish Council, two by the mayors of all cities in the county, plus a regional housing authority; and two or more municipali- the Chancellor of North Carolina State University in Raleigh. ties having an aggregate population of more than 500 Revenues include the proceeds of a room occupancy tax may establish a consolidated housing authority. Housing and, after an interlocal agreement between the City of authority commissioners are appointed by the mayors or Raleigh and Wake County, a prepared food and beverage the county governing bodies, as appropriate. They may tax levied by the county. The authority may issue bonds issue bonds and may establish and collect charges for use and collect fees and charges. of facilities. Municipal housing authorities may undertake Drainage Districts redevelopment activities. Some housing authorities are called “public housing agencies.” A general law provides for the creation of drainage districts in part of one or more counties by the clerk of the superior Housing authorities governed by the county commission- court on petition of landowners and after a hearing. These ers, ex officio, or the city council, ex officio, are depen- districts provide for drainage and reclamation of agricul- dent activities of the county or city and are not counted tural lands. A board of commissioners appointed by the as separate governments for Census Bureau purposes. clerk, or clerks in districts encompassing more than one Redevelopment commissions may also exercise the pow- county, of the superior court after election by landowners ers, duties, and responsibilities of a housing authority. governs the district. The district may levy benefit assess- Joint Municipal Assistance Agencies ments and issue bonds. These agencies are created by resolution of two or more North Carolina’s Eastern Region Development municipalities or joint agencies to provide assistance to Commission municipalities in construction, expansion, and operation of The commission, established by joint resolution of 13 their electric systems. A board of commissioners consisting counties and after a hearing in each participating county, is of one member appointed by each participating govern- responsible for promoting economic development within the ment governs each agency created by two or more munici- development region surrounding the Global TransPark com- palities. If the creating agencies are joint agencies, the plex in Lenoir County. The governing body consists of one governing body is an executive committee. These agencies member appointed by each county, four members appointed may establish dues and assessments. by the State General Assembly, two members appointed by the Governor, and, serving ex officio, a member from the Joint Municipal Electric Power Agencies State Board of Education. The commission may charge rent- Joint municipal electric power agencies may be created als and enter into leases in connection with its properties. by resolution or ordinance of two or more municipalities A former motor vehicle registration tax provided a trust for or joint agencies. Joint ownership of projects with other this commission, with which it makes loans. public or private entities is authorized. The governing board of commissioners consists of one commissioner
214 North Carolina Governments—Individual State Descriptions appointed by each participating municipality. Agencies may Recreation and Security Service Districts in fix and collect rents, rates, fees, and charges. Agencies are Cherokee County authorized, with approval from the local government com- The board of county commissioners in Cherokee County missioners, to issue revenue bonds. Alternatively, revenue is authorized to create by resolution one or more districts bonds for the benefit of the agency may be issued by any following public hearing and voter approval. Districts member municipality. may provide for recreation, open space and common area acquisition and preservation, land-use planning and regu- Metropolitan Sewerage Districts lation, general administration, security, street improve- Districts to provide and operate sewer systems may be ments and maintenance, facilities and functions. A board created to serve any two or more political subdivisions and of directors appointed by the board of county commis- unincorporated areas or a political subdivision and unincor- sioners and consisting of permanent residents or property porated area in one or more counties. Districts are created owners governs the district. The district is authorized to by resolution of the State Environmental Management levy ad valorem taxes. Commission following petition and hearings conducted jointly by the county commissioners and the commission. Regional Transportation Authorities A district board appointed by the governing bodies of Under general enabling legislation, two or more counties, participating counties and/or political subdivisions and, in cities or towns, or other authorized political subdivisions some cases, additional members as authorized by statute may cooperate under joint exercise of powers agreements governs each district. Districts may issue general obliga- and upon resolution of all participating governing bodies to tion and revenue bonds, fix and collect fees and other create a public transportation authority to provide regional service charges, and levy ad valorem taxes. transportation systems. The governing body appointed by the governing bodies of member governments may consist Metropolitan Water Districts of up to 11 members. Authorities may fix and charge fees Districts to provide water and sewerage systems may be for services. They may request authorization to levy special created to serve two or more political subdivisions in a taxes and/or bonds through a special election. Authorities county, or any political subdivision or subdivisions, includ- may collect proceeds from a vehicle registration tax, after a ing any existing water or sewer district and any unincor- public hearing. porated area or areas located within the same county. Districts are created by resolution of the Secretary of the In addition, two regional transportation authorities have State Department of Natural Resources following petition been created by special act. and hearings conducted jointly by the county commission- Research Triangle Regional Public Transit ers and the State Department of Environment and Natural Authority—This authority serves Durham, Orange, Resources. A district board appointed by the county com- and Wake counties upon resolution and after a public mission and/or the governing body of each political sub- hearing. The board of trustees is appointed by the gov- division with additional members as authorized by statute erning bodies of the participating counties and cities, governs each metropolitan water district. Districts may and serving ex officio, three members of the Board of levy ad valorem taxes, fix and collect fees and charges, Transportation. The authority may set rates, fees, and issue both revenue, and, upon voter approval, general charges, and if authorized by the creating governments obligation bonds. and after a public hearing, may levy a vehicle rental tax. Additionally the authority may collect the proceeds of Mosquito Control Districts an annual motor vehicle registration tax, after a public Mosquito control districts may be created on petition of hearing. The authority may issue revenue bonds sub- landowners and after hearing and referendum. If a pro- ject to the approval by a special tax board and, in some posed district is located in a single county, the petition is cases, the boards of county commissioners. addressed to the board of commissioners of the county; if Piedmont Authority for Regional Transportation located in two or more counties, the petition is addressed (PART)—This authority serves multiple counties. Its to the State Department of Environment and Natural board of trustees includes local and state representa- Resources. The district board of commissioners consists tives. The authority may issue revenue bonds subject of one member appointed by the Secretary of Environment to approval by a special tax board; may fix and collect and Natural Resources and one member by the Director of fares, fees, and rentals; may, after approval from cre- the State Wildlife Resources Commission, plus members ating governments and after a public hearing, levy a appointed by each county board of commissioners of the vehicle rental tax; and may collect proceeds of a vehicle participating counties. The district may levy ad valorem registration tax, after a public hearing. taxes and issue bonds upon voter approval.
Governments—Individual State Descriptions North Carolina 215 Transportation authorities serving only one county or city Special Airport Districts are not counted as separate governments for Census Bureau Special airport districts aid in the construction and the purposes. See “Subordinate Agencies and Areas” below. financing of aeronautical facilities. The districts may be Regional Solid Waste Management Authorities created by concurrent resolution of two or more local gov- ernmental units (counties, cities, towns, and villages) after Authorities to provide for solid waste management and a public hearing and referendum. The governing board resource recovery are created by resolution of two or more consists of two representatives appointed by each partici- local governments. A board of delegates consisting of pating government, from among the membership of the one member appointed by each participating government participating governments’ governing bodies. The districts governs each authority. The authorities may fix fees and may levy ad valorem taxes and, subject to referendum, charges, and issue revenue bonds. issue bonds.
Regional Sports Authorities The Special Airport District for Burke and Caldwell Counties, created by special act with all powers and Authorities to provide sports and recreational facilities are authority granted by general law, is classified as a depen- established by concurrent resolution of two or more local dent activity of the Foothills Regional Airport Authority. governments. The composition of the authority govern- The airport authority board serves as the governing board ing body is specified in the charter creating each author- of the special airport district. ity. The authorities may fix fees and charges, and issue revenue bonds. Watershed Improvement Districts Regional sports authorities that are governed by a county or Watershed improvement districts were established by city governing body ex officio are not counted as separate the board of supervisors of a soil and water conservation governments for Census Bureau purposes. See “Subordinate district after landowner petition, hearing, and referen- Agencies and Areas” below. dum. An elected board of trustees governs each district. The districts may levy benefit assessments or ad valorem Sanitary Districts taxes and issue bonds upon voter approval. These districts Sanitary districts provide water and sewerage systems, fire may no longer be established after March 1, 1963, but and ambulance services, solid waste collection, mosquito those existing prior to changes in the law may continue to eradication, and maintain non-state streets. The districts operate. are created by the State Commission for Public Health upon petition of resident landowners to the county commission- Water and Sewer Authorities ers and after hearing. An elected district board governs each The governing bodies of any two or more political subdivi- district. The district may issue bonds upon voter approval, sions may, by resolution, establish an authority to pro- levy ad valorem taxes, and fix and collect service charges. vide water supply and sewerage after a public hearing. If organized by three or more political subdivisions, nonprofit Sanitary districts governed by the city governing body water corporations and the state government may partici- ex officio are not counted as separate governments for pate. The authority governing body consists of members Census Bureau purposes. See “Subordinate Agencies and appointed by the participating governments. The authori- Areas” below. ties may charge rates and fees for their facilities and ser- Soil and Water Conservation Districts vices, levy benefit assessments, and issue revenue bonds. These districts are created by the State Soil and Water Water and sewer authorities serving a single county are Conservation Commission upon local petition and after not counted as separate governments for Census Bureau hearing and referendum, and after the approval of the purposes. See “Subordinate Agencies and Areas” below. Department of Agriculture and Consumer Services. Each district board of supervisors consists of three elected mem- SUBORDINATE AGENCIES AND AREAS bers from each county and one or two members appointed Shown below are various governmental designations in by the Commission. The districts may require contributions North Carolina that have certain characteristics of govern- from landowners benefited by district activities. mental units, but that are classified in Census Bureau sta- tistics as subordinate agencies of the state or local govern- In Gaston County, the board of county commissioners ments and are not counted as separate governments. Legal serves as the governing body of the soil and water conser- provisions for some of the larger of these are discussed vation district. This district is not counted as a separate below (see “Public School Systems” above, regarding educa- government for Census Bureau purposes. See “Subordinate tional agencies of this nature). Agencies and Areas” below.
216 North Carolina Governments—Individual State Descriptions Among the subordinate agencies and areas listed below, of six members appointed by the Governor, four members some represent “special taxing areas” within the territory of appointed by the General Assembly, and the Secretary of an established government. This method of financing addi- Transportation, serving ex officio. The authority may fix tional services in limited areas by property taxation, while and collect fees and issue revenue bonds. also used by some municipal and township governments in North Carolina Turnpike Authority (state)—This a few states, is more widely utilized by county governments. authority was created in 2002 for the purpose of construct- In the listing below of authorized county-related agencies, ing, operating, and maintaining toll roads and bridges. The an asterisk (*) appears for each entity of this kind—i.e., authority is governed by a nine-member board appointed any that may individually serve a portion, rather than all by the Governor and the General Assembly, plus the of a county and for which a tax may be levied against the Secretary of Transportation, serving ex officio. The author- assessed value of property in the area served. ity may fix and collect tolls and may issue revenue bonds. North Carolina Housing Finance Agency (state)—This Urban redevelopment commissions (county and agency was created by an act of the General Assembly to municipal)—Each of these commissions, created by increase the supply of housing for persons and families of municipal ordinance or county resolution, is governed by a lower income. The governing board of the agency con- board of five to nine members appointed by the mayor and sists of 13 members, including eight appointed members municipal governing body or the board of county commis- of the General Assembly, four members appointed by the sioners. The commission may collect income from projects, Governor, and one additional member appointed by the issue bonds, and receive municipal and county appropria- initial 12 members. The agency may make or purchase tions. Municipalities and counties may levy taxes and sell mortgage loans and issue revenue bonds. bonds to obtain funds for redevelopment purposes. In North Carolina Medical Care Commission (state)— addition, joint city-county redevelopment commissions This commission was created by an act of the General and regional (multicounty) commissions are authorized. Assembly to finance the construction of health and hos- Such commissions are joint activities of participating pital facilities. The commission consists of 17 members governments. nominated in part by various medical associations and Other examples include: appointed by the Governor. The commission may issue tax exempt bonds, purchase or lease property, and fix and col- State2, 3, 4 ,5, 6, 7, 8 lect fees and charges. Golden LEAF Foundation North Carolina Partnership for Children, Inc. (state)— This entity was established by a 1993 act of the General North Carolina Agricultural Finance Authority Assembly to develop a strategic plan for early childhood North Carolina Capital Facilities Finance Agency development and education and services for children and families. The organization is governed by a 26-member North Carolina Global TransPark Authority board of directors of which 12 members are appointed by North Carolina Indian Housing Authority the Governor, ten members are appointed by the General Assembly, plus the Secretary of Health and Human Services, North Carolina Parks and Recreation Authority Superintendent of Public Instruction, the President of the North Carolina Rural Electrification Authority community colleges system, and the Director of More at Four Pre-kindergarten program, serving ex officio. North Carolina Seafood Industrial Park Authority
North Carolina Railroad Company (state)—In 1998, North Carolina State Marketing Authority the state of North Carolina became the sole owner, as Regional economic development commissions authorized by the General Assembly, of all voting stock in this private corporation organized as a real estate invest- State Education Assistance Authority ment trust (REIT). The Governor appoints, on behalf of the State, all officers or agents who are allowed to represent Tobacco Trust Fund Commission the stock or other interests which the state may have in Uwharrie Regional Resources Commission the company. The entity is governed by a board of direc- tors appointed by the Governor and the General Assembly County9 upon recommendation of the Speaker of the House and the Albemarle District Jail Commission President Pro Tempore of the Senate. Area mental health, developmental disabilities, and North Carolina State Ports Authority (state)—This substance abuse authorities authority was established by act of the General Assembly for the purposes of maintaining, developing, and operat- ing harbors and seaports. Its 11-member board consists
Governments—Individual State Descriptions North Carolina 217 Beautification Districts Pilot Mountain Civic and Recreation Center Authority
Carteret County Harbor Authority Public partnerships for children
Charlotte-Mecklenburg Public Broadcasting Authority Public transportation authorities (single-county)
Community center districts (Dare County) Parks and recreation commissions (county)
County airport commissions and authorities (single-county) Regional (joint) libraries
County historic districts and historic preservation Regional planning and economic development commissions commissions
*County research and production service districts Regional sports authorities with ex officio boards (county)
*County service districts (Beach erosion control, flood and Rural development authorities hurricane protection works, fire protection, recreation, *Rural fire protection districts sewage collection and disposal of all types, solid waste collection and disposal, water supply and distribution Tourism development authorities (county) systems, ambulance and rescue, watershed improve- ment, cemeteries, law enforcement under circumstances Underground utility districts (Dare County) specified by statute, removal of junk automobiles and Water and sewer authorities (single county) street maintenance in coastal-area counties, road main- tenance in counties with a protected mountain ridge, and Municipal noxious aquatic weed control) Charlotte Regional Visitors Authority (formerly the *County water and sewer districts Auditorium-Coliseum Convention Center Authority)
Cumberland County Civic Center Commission Economic development commissions (single-city or joint)
Economic development and training districts Hospital authorities (municipal)—1983 law
Economic development commissions (single county or Lake Lure Marine Commission joint) Municipal airport commissions and authorities (single-city) Gaston County Soil and Water Conservation District Municipal historic districts and historic preservation Hospital authorities (county)—1983 law commissions
Hospital districts—1983 law Municipal service districts
*J. Arthur Dosher Memorial Hospital (township) Parking authorities
Industrial facilities and pollution control financing Parks and recreation commissions (municipal) authorities Harmon Field Recreation Center (Tryon) *Kelly Dike District (Bladen County) T.H. Broyhill Park Authority (Lenoir) Marine commissions (joint county) Public transportation authorities (single-city) Lake Norman Marine Commission10 Regional planning and economic development Lake Wylie Marine Commission11 commissions
Mountain Island Lake Marine Commission12 Regional sports authorities with ex officio boards (municipal) Person-Caswell Lake Authority
218 North Carolina Governments—Individual State Descriptions Sanitary districts governed by a city governing body 8 Legislation for the Health and Wellness Trust Fund Commis- sion was repealed in 2011. Tourism development authorities (municipal) 9 Most of the following three types of agencies serve two or more counties: Area mental health, developmental disabilities, Urban service districts (consolidated city-county and substance abuse authorities; district health departments; and district jail commissions. governments) 10 Lake Norman Marine Commission is a joint venture which serves Catawba, Iredell, Lincoln, and Mecklenburg counties. The North Carolina laws also provide for various types of local area is coterminous with Lake Norman and its shoreline area. The areas for election purposes and administration of justice. commission is assigned to Iredell County where most of the lake
1 and shoreline are located. The counties having no incorporated municipalities are Cam- 11 Lake Wylie Marine Commission serves Gaston and Mecklen- den, Currituck, and Hyde. 2 burg counties in North Carolina and York County in South Carolina. The sunset expired for the e-NC Authority on December 31, The area served is coterminous with Lake Wylie and its shoreline 2011. Grants and responsibilities were transferred to the North area. The commission is assigned to Mecklenburg County where Carolina Department of Commerce. 3 the greater lake area and shoreline are located. Legislation for the North Carolina Phase II Tobacco Certifica- 12 Mountain Island Marine Commission is a joint venture which tion Entity, Inc. was repealed in 2011. 4 serves Gaston, Lincoln, and Mecklenburg counties. The area is Legislation for the Health and Wellness Trust Fund Commis- coterminous with Mountain Island Lake and its shoreline area. The sion was repealed in 2011. 5 commission is assigned to Mecklenburg County where the greatest Legislation for the North Carolina Rural Internet Access area of lake and shoreline are located. Authority was repealed in 2000. 6 Legislation for North Carolina Rural Redevelopment Authority was repealed in 2008. 7 Legislation for the North Carolina Solid Waste Management Capital Project Finance Agency was repealed in 2011 and trans- ferred responsibilities to the Clean Water Management Trust Fund Board of Trustees.
Governments—Individual State Descriptions North Carolina 219 North Dakota
North Dakota ranks fourteenth among the states in number Dependent Public School Systems (0) of local governments with 2,685 active as of June 30, 2012. North Dakota has no dependent public school systems. COUNTY GOVERNMENTS (53) Other Educational Activities There are no areas in North Dakota lacking county gov- Multidistrict vocational and technology centers are gov- ernment. The county governing body is called the board erned by boards consisting of representatives of the of county commissioners. Counties may adopt home-rule boards of participating school districts. Each participating charters. district is assessed its proportionate share of the costs SUBCOUNTY GENERAL PURPOSE of the center. These centers are classified as joint educa- GOVERNMENTS (1,670) tional service agencies of the sponsoring school districts in Census Bureau statistics and are not counted as separate Municipal Governments (357) governments. Legislation in 1967 designated all municipal governments Multidistrict special education programs may be created to in North Dakota as cities. There is no minimum population plan and coordinate special education and related ser- requirement for incorporation as a city under current law. vices. The composition of the multidistrict special educa- All cities exist outside the area of any township. Cities with tion board is determined by agreement between school a population of more than 100 residents may adopt home boards of the participating districts. The board may receive rule charters. contributions from local, state, and federal sources. These boards are classified as joint educational service agencies Township Governments (1,313) of the participating districts and are not counted as sepa- Township governments exist in 48 of the 53 North Dakota rate governments. counties. In the counties that have township governments, Regional educational associations are established through these governments do not cover the entire county area; joint powers agreements and are governed by boards cities and unorganized territory exist outside the area of consisting of representatives of member school districts. any township. The governing body is an elected board of The association may receive contributions from local, state, township supervisors. and federal sources. These associations are classified as North Dakota statutes also provide for consolidated town- joint educational service agencies of the sponsoring school ship (“multitownship”) governments that are governed by districts in Census Bureau reporting and are not counted as a board of supervisors consisting of representatives of the separate governments. participating townships. SPECIAL DISTRICT GOVERNMENTS (779) PUBLIC SCHOOL SYSTEMS (183) North Dakota statutes authorize the creation of a variety of special districts and authorities that are counted as govern- School District Governments (183) ments. These are discussed in detail below. All school districts in North Dakota are counted as separate governments and are designated by law as “public school Airport Authorities—Municipal and Regional districts,” except the Fargo School District which was estab- These authorities may be established by resolution of the lished by special act. An elected school board governs each municipal governing body or, in the case of a regional school district. The school boards may levy local school authority, by resolution of each participating governing taxes and issue certificates of indebtedness. body after public hearing. A board of five commission- Military installation school districts are established at the ers appointed by the municipal governing body governs request of the base commander of a military installation each municipal airport authority. A regional airport board to the state board of public school education followed consists of five or more commissioners, whose number by a public hearing. The board consists of five members and representation are provided for by a joint resolution appointed by the superintendent of public instruction. The of the participating governments. The commissioners may districts may levy ad valorem property taxes and may issue issue revenue bonds, fix fees and charges, and determine revenue bonds. the amount of taxes to be levied by the participating municipalities. 220 North Dakota Governments—Individual State Descriptions County Nursing Home Authorities authority may issue bonds and may set rates, fees, and tolls for its services, facilities, and commodities. The County nursing home authorities are established by the authority may determine the amount of dues to be paid by board of county commissioners upon petition of voters cities and water districts to the authority. followed by a referendum. A board of five commission- ers appointed by the county commissioners governs each Municipal Power Agencies—1977 Law authority. The authority may fix rentals, levy taxes, and issue bonds. No county nursing home authorities were Agencies formed under this law are formed by agreement reported in operation as of June 30, 2012. between the governing bodies of two or more cities to pro- vide electric power upon voter approval. The composition Garrison Diversion Conservancy District of the agency governing body, which includes representa- tives of participating cities, is specified in the agreement This district was established by special act. An elected creating the agency. The agency may fix rates and charges board of directors consisting of one member from each for the sale of electric power and, upon voter approval, county in the district governs the district. The district may may issue revenue bonds. No municipal power agencies levy ad valorem taxes. were reported in operation as of June 30, 2012. Hospital Districts Park Districts Hospital districts are established by one or more boards of Park districts are formed by resolution of the municipal county commissioners on petition of voters followed by a governing body. An elected board of commissioners gov- public hearing and a referendum. An elected board of direc- erns each district. The district may issue bonds, which may tors governs each district. The district may levy taxes and require voter approval, and may levy ad valorem taxes and incur indebtedness. special benefit assessments.
Housing Authorities In addition, a 1957 law authorizes two or more contiguous Housing authorities may be established by resolution of or adjacent counties to form a joint county park district municipal or county governing bodies on its own motion on resolution of the board of county commissioners of or must be made upon the filing of a petition by residents. each county involved. Each district is governed by a board Housing authority commissioners are appointed by the of joint park commissioners, which is composed of two mayor (in the case of a city housing authority) or the board members from each county; each board of county commis- of county commissioners (in the case of a county housing sioners appoints one of its own members and one addi- authority). Housing authorities may fix charges and rents tional member. The joint park board selects one additional and issue bonds. member at large. The joint park board may levy ad valorem taxes after voter approval. Irrigation Districts Port Authorities North Dakota statutes authorize the following types of irrigation districts: Port authorities are placed near intersections of rail lines and major highways to promote economic development by Flood irrigation boards—The county commissioners providing facilities. Municipal or regional port authorities on their own initiative or upon petition may create flood are created by resolution of one or more municipalities; irrigation boards. Board members are appointed by the this power is limited to municipalities meeting specified county commissioners. These boards may create flood criteria. Each authority is governed by a board of commis- irrigation projects and districts (on petition of freehold- sioners appointed by the creating government or govern- ers), issue bonds, and levy benefit assessments. ments. These authorities may set taxes to be collected on its behalf, issue bonds, and set rentals and fees. Irrigation districts—These districts are created by the state engineer upon petition of the voters and after Joint boards created by a port authority and a public referendum. An elected board of directors governs each agency are dependent agencies of the creating govern- district. The district may issue bonds, levy assessments, ments and are not counted as separate governments. and collect water rentals. These districts should be dis- Also, the governing body of a municipality may serve as tinguished from flood irrigation boards. the governing board of a port authority. These would not be counted as separate governments. See “Subordinate Lake Agassiz Water Authority Agencies and Areas” below. This authority was created by act of state legislature to assist in providing water supply in the eastern part of Recreation Service Districts the state. The authority is governed by a board of direc- Recreation service districts provide garbage removal, police tors appointed by member cities and water districts. The protection, road construction and maintenance, sewers,
Governments—Individual State Descriptions North Dakota 221 and water supply to recreational areas. These districts are of commissioners, appointed by the board of county com- established by the county commissioners upon petition missioners of the county containing the largest area in the of voters followed by a referendum. An elected board of district, governs each district. The districts may levy an ad commissioners governs each district. The district may levy valorem tax and issue tax anticipation notes. benefit assessments and ad valorem taxes. Waste Management Authorities Regional Library Cooperatives Authorities for management of solid waste are created by These cooperatives coordinate library services and interlocal agreement between two or more counties or cit- resources. They are established by a resolution of the ies. The composition of the authority governing body and North Dakota Library Coordinating Council. A board of revenue powers are specified in the authorizing agreement. representatives governs each cooperative, with each par- No waste management authorities were reported in opera- ticipating library designating one representative to serve tion as of June 30, 2012. on the board in addition to the director of the designated Water Districts library resource center, who serves as a nonvoting member. The cooperatives may set and collect rates and charges for Water districts are created in one county or in two or more services. Multitype library authorities are geographic areas adjacent counties upon petition of local area landowners to within which these cooperatives are organized. the state engineer followed by a hearing. A board of up to nine directors elected by the landowners governs the dis- Rural Ambulance Service Districts trict. A district may collect rates and charges, levy special These districts are created upon petition of voters to the assessments, and issue revenue and refunding bonds. county auditor followed by a referendum. An elected board Water resource districts that have a developed water sup- of directors governs each district. The districts may levy an ply system may convert that system to a water district. ad valorem tax and issue debt. The district shall determine taxes to be levied on behalf of the district. Western Area Water Supply Authority
Rural Fire Protection Districts This authority was created to plan, construct, and oper- ate the western area water supply project to supply water Rural fire protection districts provide fire protection and to areas in western North Dakota and possibly Montana. ambulance services. The districts may be established by The board of directors is composed of representatives of the board of county commissioners upon petition of land- participating cities, water districts, and water systems. The owners and after hearing. An elected board of directors authority may fix rates for the sale of water. governs each district. The districts may issue debt and set ad valorem tax rates. SUBORDINATE AGENCIES AND AREAS
Soil Conservation Districts Shown below are various governmental designations in North Dakota that have certain characteristics of gov- Soil conservation districts are created by the state soil ernmental units, but that are classified in Census Bureau conservation committee on petition of resident voters and statistics as subordinate agencies of the state or local after a hearing and referendum. An elected board of super- governments, or as private, rather than governmental visors governs each district. The districts may require con- activities, and are not counted as separate governments. tributions from benefited landowners and may levy taxes. Legal provisions for some of the larger of these agencies are discussed below (see “Public School Systems” above Southwest Water Authority regarding educational agencies of this nature). This authority was created by 1991 legislation to distrib- North Dakota Industrial Commission (state)—This ute water in 11 counties in southwestern North Dakota. commission was created by act of the legislative assem- A board of 14 elected directors (one from each county bly to finance industrial development, mortgage credit, served, one from the city of Mandan, and two from the city and public buildings. The commission consists of the of Dickinson) governs the authority. The authority may levy Governor, the attorney general, and the commissioner of ad valorem taxes. agriculture, all serving in an ex officio capacity. The com- Vector Control Districts mission may fix rates and charges and may issue revenue bonds. The commission also serves as the governing body Vector control districts for mosquito and fly control are of the North Dakota Housing Finance Agency, the North formed by the state health council upon a petition by the Dakota Transmission Authority, the North Dakota Pipeline local governing body or by voters after a hearing. A board Authority, and the North Dakota Building Authority.
222 North Dakota Governments—Individual State Descriptions Other examples include: Municipal
State City job development authorities
Agricultural districts and communities City weed boards Comprehensive Health Association Commerce authorities North Dakota Development Fund Corporation Improvement districts North Dakota Public Financing Authority Municipal arts councils State Water Commission Municipal parking authorities Municipal steam heating authorities County Port authorities (with ex officio boards) Commerce authorities Public library boards County job development authorities Urban renewal agencies County special service districts (for police protection or Joint County-Municipal garbage disposal) County weed boards City-county health districts Drainage districts Commerce authorities
Health districts Private Associations Multicounty social service districts Grazing associations are classified as private coopera- Public library boards tives for Census Bureau purposes. They are not counted as Water resource districts governments. Weather modification authorities North Dakota laws also provide for various types of local areas for election purposes and administration of justice.
Governments—Individual State Descriptions North Dakota 223 Ohio
Ohio ranks fifth among the states in number of local gov- • Community college districts ernments with 3,842 active as of June 30, 2012. • Joint vocational school districts
COUNTY GOVERNMENTS (88) An elected board of education governs each city school district, local school district, or exempted village school There are no areas in Ohio lacking county government. district. Authorization for formation of new exempted vil- The county governing body is called the board of county lage school districts, however, has been repealed. These commissioners. For counties operating under home rule districts may levy local school taxes, and issue bonds with charters, the governing body is called the county council. voter approval.
SUBCOUNTY GENERAL PURPOSE A school district previously under state supervision GOVERNMENTS (2,245) (“municipal school district”) may be governed by a board The 2,245 subcounty general purpose governments in whose members either are elected or appointed by the Ohio comprise the 937 municipal (city and village) govern- mayor of the municipality containing the greatest portion ments and the 1,308 township governments. of the district’s area. Community college districts may be established by resolu- Municipal Governments (937) tion of one or more counties having a total population of Municipal governments in Ohio are the cities (incorporated 75,000 or more, or by petition to the county board of elec- places having 5,000 inhabitants or more) and villages tions. Approvals by the voters and by the state board of (incorporated places with fewer than 5,000 inhabitants). regents are required. Each district is governed by a board Cities and villages may exist within township areas. The of trustees that consists of three members appointed by minimum population requirement for incorporation is the governor with the consent of the senate and six mem- 1,600 for a village and 25,000 for a city. Municipalities may bers appointed by the board of county commissioners. adopt home-rule charters. Community college districts may establish fees and tuition, levy school taxes, and issue revenue and general obliga- Township Governments (1,308) tion bonds. Tax levies and general obligation bonds require The entire area of the state is encompassed by township voter approval. governments, except for townships that are coterminous Joint vocational school districts are established for the sup- with a city or village. Townships that are coterminous with port of vocational schools by two or more regular school a city or village are not counted as separate governments districts with approval by the state board of education. in Census Bureau statistics on governments. Township gov- A joint vocational school district located within a single ernments are governed by boards of township trustees. county, however, may be governed by the educational Townships with 3,500 to 5,000 residents in an unincorpo- service center board. With voter approval, joint vocational rated territory may adopt a limited home-rule government school districts may issue bonds and levy ad valorem upon petition of voters after a referendum. Townships with taxes. They are counted as school district governments in 5,000 or more population in their unincorporated area may census reporting. adopt limited home-rule government powers. Such town- Dependent Public School Systems (0) ships with 15,000 or more population are called “urban townships.” Ohio has no dependent public school systems.
PUBLIC SCHOOL SYSTEMS (668) Other Educational Activities
School District Governments (668) Ohio law permits school districts to enter into agreements for joint or cooperative provision of facilities, programs, The following types of school districts in Ohio are counted projects, activities, or services, subject to the approval of as separate governments for Census Bureau purposes: the state superintendent of public instruction. Pursuant • City school districts to this law, Ohio Education Computer Network facilities and special education regional resource centers have been • Local school districts established. • Exempted village school districts
224 Ohio Governments—Individual State Descriptions Technical college districts may be created upon approval SPECIAL DISTRICT GOVERNMENTS (841) of the state board of regents after local school boards or Ohio statutes authorize the creation of a variety of special qualified voters submit a resolution or petition, respec- districts or authorities that are counted as governments. tively, and after a referendum. These districts are governed These are discussed in detail below. by a board of trustees appointed by the governor with the consent of the senate and by the heads of the local school Conservancy Districts boards. These districts are not counted as governments in Census Bureau reporting, but are classified as state These districts provide for flood control, reclamation, institutions. irrigation, water conservation, water supply, and sewage disposal. They may be established by order of the court of State community college districts may be created to take common pleas of a single county, or by joint action of the the place of a technical college with the approval of the courts of two or more counties, upon petition of landowners state board of regents upon the proposal of the board of or watershed districts and after hearing. The district board trustees of a technical college district or of a state univer- of directors is appointed by the court of common pleas. sity. The districts are governed by trustees appointed by Conservancy districts may issue revenue bonds, levy special the governor with consent of the senate. These also are benefit assessments, and fix rates for the sale of water. classified as state institutions and are not counted as sepa- Irrigation districts may also be formed under this chapter. rate governments. Joint Ambulance Districts An educational service center provides each county with supervision of local schools. Joint educational service Joint ambulance districts may be established by resolu- centers may be formed by the boards of education of up tion of the governing bodies of one or more townships to five adjoining educational service centers. Each center and one or more municipalities, or by joint resolution of is governed by an elected board. These centers are not two or more townships or of two or more municipalities. counted as governments but are classified as a dependent A board of trustees appointed by the governing bodies of activity of the county government(s) they serve. the participating governments governs each district. Joint ambulance districts may fix charges and rates, and after County school financing districts may be formed by an referendum, may levy ad valorem taxes and issue general educational service center to finance special education, obligation bonds. Some districts of this type are called school improvements, and specified educational programs. emergency medical services districts. They are separate Each district is governed by an educational service center from joint emergency medical services districts established board within its service area. They are not counted as sepa- by boards of county commissioners, which are classified as rate governments for Census Bureau purposes. county dependent agencies. Cooperative education school districts may be formed by any two or more contiguous school districts for the pur- Joint Fire Districts pose of operating a joint high school. The district may be Joint fire districts may be established by resolution of the governed by the educational service center board serving governing bodies of one or more townships and one or ex officio or by a board composed of at least one member more municipalities, or by joint resolution of two or more appointed by each participating school district plus one townships or of two or more municipalities. A board of or more members appointed by the educational service trustees selected from the governing boards of the partici- center. These districts are classified as activities of the pating governments governs each district. The district may school districts they serve and are not counted as separate impose charges and, upon voter approval, may levy ad governments. valorem taxes and issue bonds. Prior to September 4, 1947, school districts were permitted Joint Fire and Ambulance Districts to establish by resolution free public libraries. The law pro- vides for the continuance of those in existence at that time. These districts are established by joint resolution of the Such a library is classified for Census Bureau purposes as a governing bodies of a joint fire district and a joint ambu- dependent agency of the establishing school district and is lance district whose geographic service areas are identi- not counted as a separate government. A board of trust- cal. Districts may also be established by resolution of the ees appointed by the school district board governs each governing bodies of one or more townships and one or such library. The sponsoring school district may levy an ad more municipalities, or by joint resolution of two or more valorem tax for library purposes. townships or of two or more municipalities. A board of trustees, which is appointed as provided by the authoriz- ing agreement, governs each district. The district may fix charges, and after referendum, may levy ad valorem taxes and issue general obligations bonds. Upon creation of the
Governments—Individual State Descriptions Ohio 225 joint fire and ambulance district, the participating districts by the boards of county commissioners. These districts cease to exist as separate governments. may set ad valorem taxes.
Joint Solid Waste Management Districts— Regional library systems—These organizations 1953 Law provide and coordinate regional library services. These districts are created by agreement among the boards of Districts to provide solid waste collection and disposal trustees of public libraries in two or more counties or are created by resolution of two or more counties. Each among four or more libraries within a metropolitan area district is governed by a board of directors that consists as defined by the state library board, and upon approval of the county commissioners of each participating county by the state library board. The library system trustees or of members appointed by the county governing body in are selected from the members of the governing bod- counties not having a board of county commissioners. The ies of the participating libraries. These libraries receive districts may charge fees and issue revenue bonds. In addi- state, local, and federal funding and may also receive tion, participating counties may levy ad valorem taxes and funding in connection with contracts. issue bonds on behalf of the districts. Township libraries—Prior to September 4, 1947, Districts under this law that serve only one county are townships were permitted to establish free public librar- not counted as separate governments. See “Subordinate ies through voter approval. The law provides for the Agencies and Areas,” below. continuance of those in existence at that time. Township libraries are governed by a three member board of trust- Joint Township Hospital Districts ees appointed by the board of township trustees. These These districts may be established by vote of the govern- districts may levy a property tax. ing bodies of any two or more contiguous municipalities or townships. A board consisting of all members of the Metropolitan Housing Authorities boards of trustees of the participating townships, plus rep- These authorities are established by the state director of resentatives from each participating municipality governs development. The governing body of an authority consists each district. The districts may impose charges and, with of members appointed by the leadership of the govern- voter approval, levy taxes. Bond issues must be approved ing bodies and courts of participating counties and highly by the voters. populated municipalities. The number of appointees is dependent on the size and composition of the county. The Library Districts authorities may issue bonds, and fix rates and rents. Five types of library districts in Ohio are counted as special district governments. These districts are to be distin- New Community Authorities guished from public libraries administered by county, These authorities develop land for industrial, commercial, municipal, township, or school district governments. residential, cultural, educational, recreational, govern- County library districts—These districts may be mental, and/or distribution and research activities. The created by referendum upon the resolution of the authorities are created by resolution of the board of county board of county commissioners or upon voter petition. commissioners of each of the counties in the district or, Alternately, the board of county commissioners may cre- under certain circumstances, by the governing body of a ate a district upon request of the boards of trustees of municipality within the district, after a hearing on a peti- libraries serving school districts lacking a main library. tion filed by a community developer and after concurrence Each district is governed by a board of trustees that of proximate cities. The governing board of trustees is consists of three members appointed by the judges of initially appointed but thereafter elected. New community common pleas and four appointed by the county com- districts may levy property taxes, levy “community devel- missioners. These districts may set ad valorem taxes opment charges,” and may issue revenue bonds. These and issue bonds. “community development charges” can be on the basis of property value, profits or gross receipts of businesses, Municipal free public libraries—These districts have income of the residents, or a flat fee. been created by special acts. Each district is governed by a six-member board of trustees appointed by the Park Districts mayor. These districts may assess service fees and, with Ohio statutes authorize these types of park districts: voter approval, set ad valorem taxes and issue bonds. Park districts—These districts are created by the Regional library districts—These districts are created county probate judge on petition of the voters or of by joint resolution of the commissioners of two or more any county, municipal, or township governing body and contiguous counties. The library trustees are appointed after public hearing. A board of park commissioners appointed by the probate judge governs each district.
226 Ohio Governments—Individual State Descriptions The districts may levy benefit assessments and issue municipalities, or townships. A district’s board of trustees is bonds. With voter approval, the districts may levy ad appointed by the governing bodies of the governments that valorem taxes. created it. The districts may collect rents and charges and, with voter approval, levy property taxes, and issue bonds. Township park districts—These districts may be cre- ated by the court of common pleas on petition of the Regional Solid Waste Management voters to the township trustees. They are governed by Authorities—1988 Law boards of park commissioners appointed by the court of common pleas or, if the entire park district is con- These authorities are created by resolution of one or more tained within the unincorporated area of the township, counties or by the board of directors of a joint solid waste by the board of township trustees. The districts may management district, after approval by a majority of the impose charges and issue bonds. With voter approval, municipal and township governments in the area served. the districts may levy ad valorem taxes. Township park A board of trustees governs each authority; it includes districts may convert to park districts. representatives appointed by each participating county, as provided in the agreement creating the authority, plus Joint recreation districts—These districts are cre- members appointed jointly by the municipal and town- ated by townships, municipalities, counties, boards of ship governments served. The authorities may fix fees and township park commissioners, boards of education, and charges and may issue revenue bonds. other political subdivisions. The districts are governed by a board of trustees appointed by the member govern- Regional Transit Authorities ments. The districts may issue bonds which are paid for Regional transit authorities may be established by resolu- by sales and use tax levies. tion or ordinance of counties, municipalities, townships, or The Franklin Park Conservatory Joint Recreation District by any combination of these providing that the area served was created by a special act. The board of trustees of this is in contiguous counties. If created by one county, the district is appointed by the governor, speaker of the house board is appointed by the county commissioners. If created of representatives, and the president of the senate. by two or more governments, the board is appointed by public officers specified in the initiating resolution. The Port Authorities board of the Greater Dayton Regional Transit Authority is appointed by the county commissioners and the govern- Port authorities may provide port or airport facilities or ing bodies of the two most populous municipalities. The promote economic development, housing, and other activi- authorities may impose rates and charges for services ties. They may be established by two or more municipal, and may issue revenue bonds. Upon voter approval, the county, or township governments, or by a combination authorities may also issue general obligation bonds, levy thereof. The number of authority board directors appointed sales and use taxes, and levy ad valorem taxes. to represent each participating government is determined by agreement among the participating governments. Port Regional Water and Sewer Districts and authorities may collect rates and charges and issue revenue Authorities bonds. Upon voter approval, they may also levy ad valorem taxes and issue general obligation bonds. These districts may be created by the court of common pleas on petition of one or more municipal, township, or Port authorities serving a single county, municipal, or county governments or any combination thereof, and after township government are not counted as separate govern- hearing. A board of trustees selected in a manner deter- ments. See ‘’Subordinate Agencies and Areas,’’ below. mined by each district governs each district. The districts may levy special assessments and fix and collect rates and Regional Airport Authorities charges. With voter approval, the districts may issue rev- Regional airport authorities are established by resolution of enue bonds and levy ad valorem taxes. the board of county commissioners of a single county or of two or more contiguous counties. Each authority is gov- Sanitary Districts erned by a board of trustees that is selected in the man- Sanitary districts provide sewerage, garbage disposal, and ner specified by the resolution creating the authority. The water supply facilities to take pest abatement measures, or board may issue revenue bonds and collect rates, rentals, to prevent stream pollution. These districts may be estab- and charges for use of facilities. lished by order of the court of common pleas upon peti- tion of land owners or of any governmental corporation, Regional Arts and Cultural Districts after public hearing. Each district is governed by a board of These districts operate cultural facilities and support directors; the manner of appointment depends on the func- existing arts and cultural organizations. They are formed tion of the district. The district board may issue revenue by resolution of a county or a combination of counties,
Governments—Individual State Descriptions Ohio 227 bonds, levy ad valorem taxes and benefit assessments, and the governor with the consent of the senate, plus the direc- impose charges for services. tor of environmental protection and the director of health ex officio. The authority may make loans and grants, fix Soil and Water Conservation Districts rents and other charges, and issue revenue bonds.
Ohio law provides that each county constitutes a soil and Ohio Building Authority (state)—This authority was water conservation district. An elected board of supervi- established by act of the legislature. Authority board mem- sors governs each district. The districts may levy special bers are appointed by the governor with the consent of the assessments and charge and collect rents and charges. senate. The authority may fix rentals and charges for its These districts also may receive the proceeds from a facilities and may issue revenue bonds. county ad valorem tax. Ohio Higher Educational Facility Commission Transportation Improvement Districts (state)—This commission was created by act of the legisla- ture to finance facilities for institutions of higher education. Districts to construct or improve roads, public places, The commission consists of nine members, including eight buildings or other infrastructure are established by reso- members appointed by the governor with the consent of lution of the board of county commissioners. A board the senate, plus the chancellor of the Ohio board of regents of trustees governs the district; its members either are ex officio. The commission may fix rentals and other appointed by the county and most populous municipal and charges and may issue revenue bonds. township governments, or by the county and state legisla- ture. The districts may issue revenue bonds, levy benefit Ohio Housing Finance Agency (state)—This agency assessments, and collect tolls. Districts may also levy a was created by act of the legislature to provide mortgage motor vehicle license tax upon voter approval. credit for low- and moderate-income housing. The agency is governed by a board of eleven members that includes Watershed Districts nine appointed by the governor with the consent of the These districts are established after a map and descrip- senate, plus the director of commerce and the director of tion of the proposed district are prepared by the Ohio development ex officio. The agency may fix interest rates, Environmental Protection Agency and filed with the secre- fees, and charges and may issue revenue bonds. tary of state and each participating county. The participat- Ohio Public Facilities Commission (state)—This com- ing counties, at an organizational meeting of the president mission was created by act of the legislature. It consists of of each board of county commissioners, appoint a board the following state officials: the governor, the state audi- of directors to administer the district. Fiscal requirements tor, the state treasurer, the secretary of state, the attorney of each district are prorated among the constituent coun- general, and the director of budget and management. The ties on the basis of the taxable value of real and personal commission may set rentals and charges for facilities, and property in the district. may issue general obligation and revenue bonds.
SUBORDINATE AGENCIES AND AREAS Ohio Turnpike Commission (state)—This commission was established by act of the legislature to build, oper- Shown below are various governmental designations in ate, and maintain the Ohio turnpike system. It consists of Ohio that have certain characteristics of governmental four members appointed by the governor with the con- units, but that are classified in Census Bureau statistics sent of the senate, plus the following officials ex officio: as subordinate agencies of the state or local governments the director of transportation, the director of budget and and are not counted as governments. Legal provisions for management, the director of development, one member of some of the larger of these are discussed below (see “Public the senate appointed by the president of the senate, and School systems” above, regarding educational agencies of one member of the House appointed by the speaker of the this nature). House. The commission may issue revenue bonds and col- Among the subordinate agencies and areas listed below, lect tolls and fees. some represent “special taxing areas” within the territory Ohio Water Development Authority (state)—This of an established government. This method of financing authority was created by act of the legislature to build additional services in limited areas by property taxation, and finance water development, solid waste treatment, while also used by some municipal and township govern- wastewater treatment, and energy resource development ments in a few states, is more widely utilized by county facilities. The authority board consists of eight members, governments. of whom five members are appointed by the governor with Ohio Air Quality Development Authority (state)—This the consent of the senate, plus the directors of natural authority was created by act of the legislature to finance resources, environmental protection, and development who air pollution control facilities. The authority is governed by serve in an ex officio capacity. The authority may make a board of seven members of whom five are appointed by
228 Ohio Governments—Individual State Descriptions loans, receive rents, rates, and other charges, and issue Multi-county law library resources commissions revenue bonds. Port authorities serving a single county Other examples include: Regional authorities for emergency management (serving two or more counties) State1, 2 Sewer districts Buckeye Tobacco Settlement Financing Authority Solid waste management districts (formerly garbage and Cultural Facilities Commission refuse disposal districts)—1953 law eTech Ohio Commission Veterans service commissions Mining districts Municipal Ohio Agricultural Financing Commission City bridge commissions Ohio Facilities Construction Commission City health districts Ohio Expositions Commission City sewer districts (sanitary and storm) Ohio Fair Plan Underwriting Association City water supply districts Ohio Public Library Information Network Joint economic development districts Ohio Rail Development Commission Joint municipal improvement districts Ohio State Lottery Commission Joint sewer districts Student Tuition Recovery Authority Port authorities (serving a single municipality) Third frontier commission Rapid transit commissions Trapping and fishing districts Resort area taxing districts (municipal) University housing commissions Special improvement districts County Union cemetery boards Board of county hospital trustees Township Convention facilities authorities Fire districts County bridge commissions Joint economic development districts County emergency planning districts Joint township cemeteries County hospital commissions Joint township police districts County law library resource boards Lighting unincorporated districts County road districts Port authorities (serving a single township) County transit systems Resort area taxing districts (township) County tuberculosis control units Road districts Countywide emergency management agencies Township police districts General health districts Union cemetery boards Joint county and county alcohol, drug addiction, and mental health service districts Waste disposal districts Joint county emergency medical services districts Ohio laws also provide for various types of local areas for Joint county public defender commission election purposes and administration of justice. Joint county tuberculosis clinics 1 The Ohio Schools Facilities Commission has been placed within the Ohio Facilities Construction Commission. Joint detention and juvenile facilities districts 2 The law authorizing the Partnership for Continued Learning Joint sewer districts was repealed effective October 2009.
Governments—Individual State Descriptions Ohio 229 Oklahoma
Oklahoma ranks nineteenth among the states in number of Other Educational Activities local governments with 1,852 active as of June 30, 2012. Regional education service centers are administered by COUNTY GOVERNMENTS (77) the state department of education. These centers provide screening and evaluation services for students that may be There are no areas in Oklahoma lacking county govern- in need of special educational services. ment. The county governing body is called the board of county commissioners. Any county with a population of Interlocal cooperatives are established by agreement fewer than 550,000 may adopt a home rule charter. between two or more school districts to facilitate shared services including special education. A separate board is SUBCOUNTY GENERAL PURPOSE created to administer the agreement. GOVERNMENTS (590) Two-year colleges may be designated as technology center Municipal Governments (590) school districts by the state regents for higher education. This enables the colleges to receive federal funding for the Municipal governments in Oklahoma are the cities (incor- provision of postsecondary vocational-technical education porated places with more than 1,000 inhabitants) and programs. towns (incorporated places with fewer than 1,000 inhabit- ants). This classification is not automatic, a referendum is College technology center school districts may be estab- required for a municipality to change class. Unincorporated lished by resolution of the board of regents of an institu- communities are called villages and are not counted as tion in the state system of higher education. The board separate governments for Census Bureau purposes. Any of regents serves as the board of education. The Tulsa city with 2,000 or more residents may adopt a home-rule Community College Technology Center School District was charter. established by special act. These districts are not counted as separate governments for Census Bureau purposes. Township Governments (0) SPECIAL DISTRICT GOVERNMENTS (635) Oklahoma has no township governments. Oklahoma statutes authorize the creation of a variety of PUBLIC SCHOOL SYSTEMS (550) special districts or authorities that are counted as separate governments. These are discussed in detail below. School District Governments (550) The following types of school districts in Oklahoma are Conservancy Districts counted as separate governments for Census Bureau Conservancy districts and master conservancy districts purposes: provide flood control, irrigation, and water supply. Both types may be established by the district court on petition • Independent school districts of landowners and after a public hearing. Each district is • Elementary school districts governed by a board of directors that is either appointed • Technology center school districts by the judge of the district court or elected by landowners. • Community junior college districts The board may levy benefit assessments, collect rates and charges, and issue bonds with voter approval. All school districts are administered by popularly elected boards of education. Community junior college districts are Conservancy districts that are created and administered governed by popularly elected boards of trustees. All may by the state are not counted as separate governments for levy local school taxes and issue bonds. Upon approval by Census Bureau purposes. Subdistricts of a conservancy the board of trustees, community junior college districts district are classified as dependent agencies of the con- may choose to become technology center school districts. servancy district and are not counted as separate govern- ments for Census Bureau purposes. Dependent Public School Systems (0) Oklahoma has no dependent public school systems as defined for Census Bureau purposes.
230 Oklahoma Governments—Individual State Descriptions Conservation Districts be created by resolution of an Indian tribe. The chief or other tribal governing head appoints the board of These districts, for soil and water conservation, are formed commissioners. by the state conservation commission. Each district is gov- erned by a board of directors consisting of three popularly Irrigation Districts elected directors and two directors appointed by the state commission. The districts may require contributions from These districts may be established by the state water benefitted landowners. resources board upon petition of the landowners and after a landowner referendum. A board of directors elected by Emergency Medical Service Districts landowners governs each district. The districts may levy both annual ad valorem taxes and special assessments, fix These districts may be created upon voter petition to one tolls and charges, and issue bonds. or more counties and after a referendum. A board of trust- ees, appointed by the participating governments, governs Port Authorities each district. The districts may fix fees and, after voter approval, may levy ad valorem taxes and issue bonds. These authorities may be established by one or more county or municipal governments or any combination Enterprise District Management Authorities thereof by ordinance or resolution. Each port is governed by a board of directors that is appointed by the mayor with Authorities to finance business development in blighted the consent of the council or by the county commissioners areas are created by resolution of the governing bodies of as appropriate. The authority may fix rentals and charges contiguous county, city, or town governments in state-des- for the use of facilities and issue revenue bonds. ignated enterprise zones. A board consisting of members appointed by the participating governments governs each Public Library Systems authority. The authority may fix charges in connection with its loans. Bonds may be issued by the member govern- Oklahoma statutes authorize multicounty library systems ments after voter approval. No districts of this type were and rural single county library systems. A library system reported in operation as of June 30, 2012. may be created by resolution or ordinance of the board or boards of county commissioners by the governing bodies Fire Protection Districts of all cities or towns with a population of 2,000 or more, or by the county seat if no city or town in the county has a These districts may be established by order of the board population of at least 2,000. All systems must be approved of county commissioners upon petition of landowners by the state department of libraries board. Establishment and after a hearing and a popular referendum. A popularly may be initiated by the local governments or by voter peti- elected board of directors governs each fire protection dis- tion. If initiated by voter petition, a referendum is held to trict. The district may issue bonds upon voter approval and determine funding. Each system is governed by a board may levy annual assessments. of trustees appointed by the participating governments. Housing Authorities The systems may receive the proceeds of special tax levies upon voter approval. The systems may fix and collect fees. A housing authority may be established by resolution of the governing body of a city, town, or county on its Regional Jail Districts own motion or upon petition of voters to the governing These districts provide planning, financing, construction, body. A referendum is required. A board of commission- maintenance, and operation of a jail. ers appointed by the mayor with the consent of the city or town governing body (in the case of a city or town housing The districts may be created by two or more counties authority) or by the board of county commissioners (in the pursuant to a general law augmenting the state’s Interlocal case of a county housing authority) governs each author- Cooperation Act. A commission governs each district; ity. One board member selected must be a tenant from a each commission composition shall be the sheriff and the housing project. An authority may charge rentals and issue presiding county commissioner from each county within revenue bonds. the district. The boards may fix fees and charges and issue revenue bonds. Rural electric cooperative housing authorities are governed under provisions similar to those above. Commissioners Regional Water Distribution Districts of such authorities are appointed by the chief executive officer of the rural electric cooperative served. These districts provide water supply and sewage disposal and may provide water or sewer facilities. The districts Indian housing authorities also are governed under pro- may be created by two or more counties pursuant to a visions similar to those above. These authorities may general law augmenting the state’s Interlocal Cooperation
Governments—Individual State Descriptions Oklahoma 231 Act. A board of directors governs each district; each board’s Oklahoma Industrial Finance Authority (state)—This composition is specified in the creating agreement. The Authority was created by a special act and constitutional boards may fix fees and charges and issue revenue bonds. amendment. The authority’s board of directors consists of the director of the state department of commerce plus six Rural Road Improvement Districts members appointed by the Governor with the consent of These districts are established by order of the board of the senate. The state treasurer serves as a nonvoting mem- county commissioners upon petition of landowners fol- ber of the board. The authority receives rentals for projects lowed by a public hearing and either resident or landowner and may issue revenue bonds. referendum. A board of nine directors elected by the prop- Oklahoma Science and Technology Research and erty owners governs each district. The districts may levy Development Board (state)—This authority was created ad valorem property taxes and, with voter approval, issue by special act. The authority’s board of directors includes general obligation bonds. 12 members appointed by the Governor; the director of the state department of commerce; the chancellor of the Rural Water, Sewer, Gas, and Solid Waste state regents for higher education; the presidents of the Management Districts University of Oklahoma and the Oklahoma State University; These districts are created by the county commissioners the president of one regional university, the president of upon petition of landowners and after public hearing. A a private university; the state secretary of agriculture; a board of directors elected by landowners governs each dis- member of the house of representatives appointed by the trict. The district may collect rates and fees, levy charges house speaker; and a member of the senate appointed by based on benefits received, and may issue revenue bonds. the senate president. The board governs the Oklahoma Center for the Advancement of Science and Technology and Districts of this type located entirely within a city with the Oklahoma Institute of Technology. 10,000 or fewer inhabitants and are administered by the city governing body ex officio. These districts are not Oklahoma Turnpike Authority (state)—This authority counted as separate governments for Census Bureau pur- was established by act of the legislature. The authority’s poses. See “Subordinate Agencies and Areas” below. board consists of six members appointed by the Governor with the consent of the senate plus the Governor as an ex SUBORDINATE AGENCIES AND AREAS officio member. The authority may issue revenue bonds Shown below are various governmental designations in and collect tolls. Oklahoma that have certain characteristics of governmental Public trusts (state, county, or municipal)—Public units, but that are classified in Census Bureau statistics as trusts created by a government are inherently govern- subordinate agencies of the state or local governments and mental and are dependent activities of the creating gov- are not counted as separate governments. Legal provisions ernment. Public trusts are governed by boards of trust- for some of the larger of these are discussed below (see ees. They may issue revenue bonds. Revenue bonds for “Public School Systems” above regarding educational agen- local industrial development require voter approval. The cies of this nature). Oklahoma Student Loan Authority, for example, was cre- Grand River Dam Authority (state)—This author- ated as a public trust. ity was established by special act. Its board of directors Urban renewal authorities (municipal)—These authori- includes three members appointed by the Governor, one ties may be established by resolution of a municipality. by the president of the senate, one by the speaker of the Each authority is governed by a board of commissioners house, the general manager of the Oklahoma Association consisting of five members appointed by the chief officer of Electric Cooperatives, and the executive director of the subject to the approval of the municipal governing body. Municipal Electric Systems of Oklahoma. The authority may The authorities may issue revenue bonds. collect charges for the sale of water and electricity and may issue revenue bonds. Other examples include:
1 Oklahoma Capitol Improvement Authority (state)— State This authority was established by special act in 1959. Capitol-Medical Center Improvement and Zoning District The authority board consists of the Governor, Lieutenant Community Hospitals Authority Governor, state treasurer, director of human services, director of central services, secretary of the state tax com- Conservancy districts administered by the state mission, director of the state department of tourism and Mining districts recreation, and director of the state department of transpor- Native American Cultural and Educational Authority tation. The authority may issue bonds and collect rentals.
232 Oklahoma Governments—Individual State Descriptions Oklahoma Centennial Botanical Garden Authority Municipal
Oklahoma Educational Television Authority Improvement districts Oklahoma Health Care Authority Joint airport boards (municipal) Oklahoma Rural Medical Education Loan and Scholarship Municipal parking station improvement districts Fund Regional economic development authorities (municipal) Oklahoma Space Industry Development Authority Rural water, sewer, gas, and solid waste management dis- Oklahoma State University Medical Authority tricts governed by the city governing body Quartz Mountain Arts and Conference Center Sewer districts University Hospitals Authority Transportation authorities (municipal) Water Conservation Storage Commission Water districts (municipal) Water districts (state) Joint County-Municipal County City-county library commissions County cemetery associations City-county park and recreation commissions County free fair associations (established under 1915, Joint airport boards 1937, and 1947 laws) Metropolitan library commissions County hospital boards of control County jail trust authorities Oklahoma laws also provide for various types of local areas for election purposes and administration of justice. Health districts (two or more counties) Regional economic development districts are administra- Joint airport boards tive areas for bond-issuing purposes.
Regional economic development authorities (county) 1 Legislation authorizing the Ottawa Reclamation Authority was Rural ambulance service districts repealed in 2006. Transportation authorities (county)
Governments—Individual State Descriptions Oklahoma 233 Oregon
Oregon ranks twenty-second among the states in number of Other Educational Activities local governments with 1,542 active as of June 30, 2012. County education bond districts are created by education COUNTY GOVERNMENTS (36) service districts. The board of the education service district serves as the board of the county education bond district. There are no areas in Oregon lacking county government. These districts are not counted as separate governments The county governing body is called the board of county for Census Bureau purposes. commissioners or the county court. Counties may adopt home rule charters. Any school district or community college district may establish and maintain a public library. A library board SUBCOUNTY GENERAL PURPOSE appointed by the governing body of the sponsoring gov- GOVERNMENTS (241) ernment administers the library. The sponsoring govern- ment may levy ad valorem taxes and issue general obliga- Municipal Governments (241) tion bonds. These libraries are not counted as separate Municipal governments in Oregon are the cities and incor- governments for Census Bureau purposes. porated towns and villages. There are no differences in their Other Oregon agencies concerned with local school admin- legal powers or status. The minimum population require- istration are not counted as separate governments for ment for incorporation is 150. Municipalities may enact and Census Bureau purposes. amend their charters to allow for home rule status. SPECIAL DISTRICT GOVERNMENTS (1,035) Township Governments (0) Oregon statutes authorize the creation of a variety of Oregon has no township governments. special districts or authorities that are counted as separate governments for Census Bureau purposes. These are dis- PUBLIC SCHOOL SYSTEMS (230) cussed in detail below. School District Governments (230) Airport Districts The following types of school districts in Oregon are Airport districts are created by resolution of the governing counted as separate governments for Census Bureau body of the most populous county in the proposed district purposes: or by resolution of the governing body of any city owning • Common school districts an airport in the proposed district. A referendum is required. • Joint school districts A popularly elected board governs each district. Districts may levy ad valorem taxes, issue revenue bonds, and, upon • Union high school districts voter approval, may issue general obligation bonds. • Community college districts Municipalities may create airport advisory commissions. • Community college service districts These commissions are not counted as separate govern- Each school district of these types has a popularly ments for Census Bureau purposes. See “Subordinate elected board. All of the school districts may levy local Agencies and Areas” below. ad valorem taxes. All, except community college service districts created after July 1, 1997, may issue bonds with Cemetery Maintenance Districts voter approval. These districts may be established in any area of at least Education service districts are established by general law 4,000 acres or having an assessed valuation of at least to serve specified regions. A popularly elected board gov- $200,000. The districts are created by a county govern- erns each district. The districts may levy ad valorem taxes ing body upon petition of voters or landowners and after and, with voter approval, issue bonds. a public hearing. If a district is located in a single county, the county board may initiate the formation. A referendum Dependent Public School Systems (0) is required only if petitioned. A popularly elected board of directors governs each district. The district may levy ad Oregon has no dependent public school systems. valorem taxes.
234 Oregon Governments—Individual State Descriptions Domestic Water Supply Districts Heritage Districts Districts to provide water supply, street lighting, and fire These districts acquire, restore, and maintain historic protection may be established by the county governing property. These are established by the county govern- body upon petition of voters or landowners after a pub- ing body upon petition of voters or landowners and after lic hearing. If a district is located in a single county, the public hearing. A referendum is required only upon the county board may initiate the formation. A referendum voters’ petition. Alternately, one or more county governing is required only if petitioned. A popularly elected board bodies may initiate the formation of a district. A popularly of commissioners governs each district. Districts may fix elected board governs the district. The districts may levy rates, levy ad valorem taxes and special benefit assess- ad valorem taxes and upon voter approval, issue general ments, and, upon voter approval, issue general obligation obligation bonds. and revenue bonds. Districts organized under this law are often called “water districts.” Highway Lighting Districts These districts may be established by the county govern- Drainage Districts ing body upon petition of voters or landowners and after These districts are created by the county governing body a public hearing. If located in a single county, the county upon petition of landowners and after a public hearing. A board may initiate the formations. A referendum is required board of supervisors elected by landowners governs each only if petitioned. A board of commissioners appointed district. The districts may levy an acreage tax and special by the county governing body governs each district. The benefit assessments, and, with voter approval, issue rev- districts may levy ad valorem taxes and special assess- enue bonds. Districts of fewer than 1,000 acres may sup- ments. At the time of formation, voters may approve the ply water for domestic purposes and may fix and collect issuance of bonds for capital construction to be paid with rates and charges. Drainage districts organized prior to the ad valorem taxes. February 14, 1921, passage of this law are subject to the Petitioners may request that the county governing body same powers and provisions. administer a district. In such a case, the district would not Emergency Communications Districts be counted as a separate government for Census Bureau purposes. See “Subordinate Agencies and Areas” below. These districts, created to provide “911” emergency telephone service, are established by the county govern- Housing Authorities ing body upon petition of voters or landowners and after Housing authorities may be created either upon petition of a public hearing. A district may include more than one the voters or upon the initiative of the city or county. The county and city. Establishment requires the approval of governing body of a city or county passes a resolution or two-thirds of the public or private safety agencies rep- ordinance. A referendum is required. A board appointed resenting two-thirds of the population in the area to be by the governing body of the establishing city or county served. If a district is located in a single county, the county governs each authority. The board may appoint additional board may initiate the formation. A referendum is required members. Housing authorities may establish rents and only if petitioned. A popularly elected board governs each charges and issue revenue bonds. district. The districts receive 911 telephone excise tax rev- enues. The districts may levy ad valorem taxes and, with Two or more housing authorities may establish a regional voter approval, issue general obligation bonds. housing authority with the same legal powers as above. The governing body of a regional housing authority con- Health Districts sists of members appointed by the participating cities and Health districts are established by the county governing counties, plus members appointed by the board of the body upon petition of the voters or landowners and after housing authority itself. a public hearing. If located in a single county, the county The governing body of a city or county establishing a board may initiate the formation. A referendum is required housing authority may constitute the authority board. In only if requested by petition. Health districts may provide such a case, a housing authority would not be counted as hospitals, nursing homes, and ambulance service. A popu- a separate government for Census Bureau purposes. See larly elected board of directors governs each district. The “Subordinate Agencies and Areas” below. districts may fix rates and charges, levy ad valorem taxes, and, upon voter approval, issue general obligation bonds. Irrigation Districts Some districts organized under this law are named “hospi- tal districts” or “ambulance districts.” These districts are established upon petition of landowners to the county governing body, after a hearing and referen- Health districts may create hospital facility authorities. dum. A board of directors elected by the landowners gov- Such an authority is counted as a dependent agency of the erns each district. The districts may levy ad valorem taxes creating health district for Census Bureau purposes.
Governments—Individual State Descriptions Oregon 235 and benefit assessments and fix tolls, rates, and charges. Alternatively, the governing body of the most populous city Levies of benefit assessments may require voter approval. in the area may initiate formation by filing a resolution with With voter approval, districts may issue revenue bonds. the governing body of the principal county in the area. A public hearing and referendum are required. Districts cre- Subdistricts created by irrigation districts are governed by ated under these provisions have popularly elected boards. the irrigation district and are not counted as separate gov- ernments for Census Bureau purposes. Metropolitan Service District Joint Agencies Created Under This district, known as Metro, is authorized to provide Intergovernmental Cooperation Law sewerage or solid waste disposal services; public transpor- tation and transit facilities; cultural, convention, and sports General law authorizes the creation of joint agencies by facilities; parks and recreation facilities; metropolitan zoo intergovernmental agreement among local governments facilities; regional planning; and other public services. It including counties, cities, and special districts. The agree- was formed under a general law with special application ment must be ratified by ordinance. The agreement speci- to the Portland metropolitan area (Clackamas, Multnomah, fies the nature and composition of the board and the fiscal and Washington Counties) upon petition or resolution of arrangements. The agreement may permit the agency to the largest city in the district to the county governing body issue revenue bonds. A variety of entities have been cre- of the largest county in the district after a local referen- ated under this law. dum. An elected council governs the district. The district Joint Water and Sanitary Authorities may set vehicle registration fees; levy excise taxes; fix and collect service or user charges; levy special assessments; These authorities may be created by the county govern- and issue revenue bonds. With voter approval, the district ing body upon petition of voters or landowners and after a may levy ad valorem taxes and income taxes and issue public hearing. If an authority is located in a single county, general obligation bonds. the county board may initiate the formation. A referendum is required only if petitioned. Alternately, two or more cit- Park and Recreation Districts ies, two or more water districts, or a combination may initi- These districts are established by the county governing ate the formation; in this case, a referendum is required. A body upon petition of voters or landowners after a pub- popularly elected board of directors governs each author- lic hearing. If a district is located in a single county, the ity. The authorities may fix charges and rentals, levy ad county board may initiate the formation. A referendum valorem taxes and special assessments, and, upon voter is required only if petitioned. A popularly elected board approval, issue revenue and general obligation bonds. governs each district. The districts may set charges, levy Library Districts ad valorem taxes, and, upon voter approval, issue revenue and general obligation bonds. The districts are established by the county governing body upon petition of voters or landowners after a public hear- Park Commissions in Cities of 3,000 or More ing. If a district is located in a single county, the county Park commissions may be created in cities with a popula- board may initiate the formation. A referendum is required tion of 3,000 or more. The city governing body submits the only if petitioned. Two or more counties may initiate the question of formation for a referendum. The board of park formation of a multi-county library district; a hearing and commissioners consists of the mayor, the city engineer or referendum are required. A popularly elected board governs city auditor, and five citizens appointed by the circuit court. each district. Library districts may levy ad valorem taxes The commissions may set ad valorem taxes. They also may and, upon voter approval, issue general obligation bonds. set special taxes with voter approval. Mass Transit Districts Peoples’ Utility Districts These districts may be established within metropolitan Districts to provide water, water power, and electric energy statistical areas. They are established by the county gov- are established after petition by the voters to the county erning board upon petition of voters or landowners and governing body after a public hearing and referendum. after a public hearing. A referendum is required. A board As an alternative, the governing body of a county or city of directors appointed by the Governor governs each dis- may initiate formation by a resolution. An elected board trict. The districts may impose ad valorem taxes, income of directors governs each district. The districts may levy taxes, payroll taxes, motor vehicle registration fees, busi- ad valorem bonds; fix rates, fees, and charges; and, upon ness license fees, fares, and service charges. With voter voter approval, issue revenue bonds and general obliga- approval, a district may issue revenue bonds and general tion bonds. obligation bonds.
236 Oregon Governments—Individual State Descriptions Joint operating agencies for electric power created by three Road Assessment Districts or more cities or peoples’ utility districts under general law These districts, which must have an area of more than are classified for census purposes as dependent activities of 20,000 acres or an assessed valuation of $1,000,000 or the participating peoples’ utility districts and cities and are more, may be established in counties of at least 19,000 not counted as separate governments for Census Bureau and not more than 25,000 in population. These districts purposes. See “Subordinate Agencies and Areas” below. are established by the county governing body upon peti- Pesticide Control Districts tion of voters or landowners and after a public hearing. If a district is located in a single county, the county board may Agricultural chemical protection areas for the application initiate the formation. A referendum is required only if peti- of herbicides are established by the state department of tioned. A popularly elected board of directors administers agriculture upon petition of landowners after a hearing. each district. The districts may levy ad valorem taxes. A committee of five members governs each district; three members are elected and two appointed by the state Rural Fire Protection Districts department of agriculture with the approval of the elected These districts exist outside cities. They are established by members. The districts may levy ad valorem taxes. the county governing body upon petition of voters or land- Ports owners and after a public hearing. If a district is located in a single county, the county board may initiate the forma- Ports may be incorporated in certain counties. These tion. A referendum is required only if petitioned. A popu- corporations are created upon petition of the voters or larly elected board of directors governs each district. The landowners to the county governing board and after a districts may levy ad valorem taxes, issue revenue bonds public hearing. If a district is located in a single county, the for fire safety systems, and, with voter approval, issue gen- county board may initiate the formation. A referendum is eral obligation bonds. Districts within a 10 mile radius of a required only if petitioned. These corporations may provide city of more than 100,000 in population may also provide hospitals, industrial parks, and airport facilities, as well as street lighting. Special taxes, in addition to baseline taxes, seaports. A port may also acquire, construct, maintain, or for street lighting require voter approval. operate sports, convention, and trade show facilities. Each port is governed by a popularly elected board of port com- Sanitary Authorities and Districts missioners. Ports may levy ad valorem taxes and special Oregon statutes authorize the following types of sanitary assessments and may fix rates for facilities and services. authorities and districts: The port commissioners may issue general obligation bonds; however, bonds over specified amounts require Sanitary authorities—These authorities may be voter approval. established in any portion of one or more counties. The authorities are established by the governing body of a The Port of Portland and the Oregon International Port of county upon petition of voters or landowners and after Coos Bay were established by special acts. Each is gov- a public hearing. If an authority is located in a single erned by a board of commissioners appointed by the county, the county board may initiate formation by its Governor and confirmed by the Senate. The financial pow- own motion, or if located in two or more counties, these ers of these ports are similar to those provided for ports county boards may initiate formation. Also, the govern- under general law described above. ing bodies of two or more cities, two or more sanitary or Export trading corporations formed by ports are governed drainage districts, or one or more cities with one or more by members selected by the port commissioners. They districts may initiate the formation of a sanitary authority are classified for Census Bureau purposes as dependent by resolution. A referendum is required only if peti- activities of the port and are not counted as separate tioned. A popularly elected board governs each author- governments. ity. The authorities may fix charges and rentals, levy ad valorem taxes and special assessments, and, upon voter Radio and Data Districts approval, issue revenue and general obligation bonds.
These districts construct and operate radio and data com- Sanitary districts—These districts are established by munication facilities. The districts may be created upon the county governing body upon petition of voters or voter petition or upon the initiative and resolution of one or landowners and after a public hearing. If a district is more county governing bodies. A public hearing is required. located in a single county, the county board may initiate A referendum is required only if requested by petition. Each the formation. A referendum is required only if peti- district is governed by a popularly elected board. The dis- tioned. A popularly elected board of directors governs tricts may set a local option tax and set fees and charges. each district. Financing powers are similar to those for With voter approval, the districts may set ad valorem taxes sanitary authorities above. and may issue general obligation and revenue bonds.
Governments—Individual State Descriptions Oregon 237 Soil and Water Conservation Districts authority. The authorities may fix charges and rentals, levy ad valorem taxes and special assessments, and, upon voter These districts are formed by order of the state depart- approval, issue revenue and general obligation bonds. ment of agriculture upon petition of landowners and after a public hearing. A referendum of all voters and landowners Water Control Districts is required only if petitioned for by voters or landowners. Each district is governed by a popularly elected board. These districts provide for drainage, irrigation, and flood The districts may levy special assessments; issue special and surface water control. The districts are established by assessment improvement bonds; and, with voter approval, the county governing body upon petition of voters or land- levy property taxes and issue general obligation bonds. owners and after a public hearing. If a district is located in a single county, the county board may initiate the forma- Special Road Districts tion. A referendum is required only if petitioned. A popu- larly elected board of directors governs each district. The These districts exist outside of cities. They are established districts may levy either special benefit assessments or by the county governing body upon petition of voters or property taxes. The districts may set water charges and landowners after a public hearing. If a district is located in rates, and, upon voter approval, issue revenue and general a single county, the county board may initiate the forma- obligation bonds. tion. A referendum is required only if petitioned. A board of three commissioners, either elected or appointed by the Districts governed by the county governing body are not county governing body, governs each district. The district counted as separate governments for Census Bureau pur- may levy ad valorem taxes. poses. See “Subordinate Agencies and Areas” below.
Translator Districts Subdistricts may be created within water control districts upon petition of landowners for the purpose of providing These districts provide the facilities and broadcasting for water control improvements. The subdistricts are adminis- educational television, radio, and distance learning to pub- tered by the water control district board and are not counted lic schools. These districts may be created by the county as separate governments for Census Bureau purposes. governing body on petition of voters or landowners after a public hearing. If a district is located in a single county, the Water Improvement Districts county board may initiate the formation. A referendum is These districts may be created in areas of 1,000 acres or required only if petitioned. A popularly elected board gov- more to provide drainage, irrigation, flood and surface erns each district. The districts may impose service charges water control, domestic water supply, and water-related and issue revenue bonds. recreation. These districts are established by the county Transportation Districts governing body upon petition of voters or landowners and after a public hearing. If a district is located in a single These districts may be created by the county governing county, the county board may initiate the formation. A ref- body upon petition of voters or landowners and after a erendum is required only if petitioned. A popularly elected public hearing. If a district is located in a single county, board of directors governs each district. The districts may the county board may initiate the formation. A referendum fix and collect charges, levy ad valorem taxes and special is required only if petitioned. As an alternative, a district assessments, issue improvement bonds, and, upon voter may be formed by resolution of the most populous city in approval, issue general obligation bonds. the proposed district calling for a referendum. A popularly elected board governs each district. The districts may fix Subdistricts for watershed improvement may be orga- and collect charges and impose operating taxes. At the time nized within water improvement districts upon petition of of formation, voters may approve the issuance of bonds for landowners. The subdistricts are administered by the water capital construction to be paid with ad valorem taxes. improvement district board and are not counted as sepa- rate governments for Census Bureau purposes. Water Authorities SUBORDINATE AGENCIES AND AREAS Any portion of one or more counties may be formed into a water authority. These districts may be created by the Shown below are various governmental designations in county governing body upon petition of voters or landown- Oregon that have certain characteristics of governmental ers and after a public hearing. If a district is located in a units, but that are classified in Census Bureau statistics as single county, the county board may initiate the formation. subordinate agencies of the state or local governments and Also, the governing bodies of two or more cities, two or are not counted as separate governments. Legal provisions more water districts, or one or more cities with one or more for some of the larger of these are discussed below (see water districts may initiate the formation of a water author- “Public School Systems” above regarding educational agen- ity by resolution. A referendum is required only if peti- cies of this nature). tioned. A popularly elected board of directors governs each
238 Oregon Governments—Individual State Descriptions Among the subordinate agencies and areas listed below, transportation, agricultural education extension services, some represent “special taxing areas” within the territory of emergency medical services, libraries, roads, emergency an established government. This method of financing addi- communications, cemetery maintenance, and, in some tional services in limited areas by property taxation, while counties, fire protection, hospital and ambulance ser- also used by some municipal and township governments vices, vector control, and weather modification) in a few states, is more widely utilized by county govern- *Diking districts ments. In the listing below of authorized county-related Dog control districts agencies, an asterisk (*) appears for each entity of this kind—i.e., any that may individually serve a portion, rather *Fire patrol districts, Zone 2 than all of a county and for which a tax may be levied Highway lighting districts administered by county govern- against the assessed value of property in the area served. ing body Hospital facility authorities (county) Joint operating agencies for electric power (munici- pal and special district)—These agencies are established Housing authorities administered by county governing body by order of the state department of energy upon adoption Local commissions on children and families of an ordinance and filing of an application by the legisla- Public libraries (county and regional) tive bodies of three or more peoples’ utilities districts or Regional air quality control authorities (joint county) cities (or a combination thereof) after referendum. A board of directors appointed by the legislative bodies of the Road improvement areas member cities and districts governs each joint operating Sports and convention facilities commissions agency. The agency may set and collect rates and charges *Vector control districts (mosquito control) and issue revenue bonds. These agencies are classified as Water control districts governed by the county governing dependent activities of the participating peoples’ utility body districts and cities and not as separate governments for Census Bureau purposes. Weed control districts Wind erosion districts Other examples include: Municipal State Airport commissions Fire patrol districts, Zone 1 Ashland Community Healthcare Services Board Forest protection districts Community forest authorities (municipal) Oregon Business Development Commission (formerly Oregon Economic and Community Development Economic improvement districts Commission) Hospital facility authorities (municipal) Oregon Facilities Authority Housing authorities administered by city governing body Oregon Infrastructure Finance Authority Medford Water Commission Oregon Mass Transportation Financing Authority Public library boards (municipal) Oregon Student Assess Commission (formerly Oregon Regional air quality control authorities Student Assistance Commission Urban renewal and redevelopment agencies (also called Oregon Youth Authority development commissions) State Accident Insurance Fund Corporation Utility boards
Trust for Cultural Development Board (Oregon Cultural Joint County-Municipal Trust) Regional air quality control authorities County Private associations Community Forest Authorities Corporations for irrigation, drainage, water supply, or flood County fair boards control, known as district improvement corporations or County livestock districts improvement districts, are not counted as separate govern- *County road districts ments for Census Bureau purposes. *County service districts (law enforcement, sewerage, Oregon laws also provide for various types of local areas drainage, street lighting, parks and recreation, dik- for election purposes and administration of justice. ing, flood control, water supply, solid waste disposal,
Governments—Individual State Descriptions Oregon 239 Pennsylvania
Pennsylvania ranks third among the states in number of Municipal Governments (1,015) local governments with 4,897 active as of June 30, 2012. The term “municipality,” as defined for Census Bureau COUNTY GOVERNMENTS (66) statistics on governments, applies only to the boroughs, cities, and one incorporated town (Bloomsburg) in The entire area of the state is encompassed by county Pennsylvania. Townships, to which the terms “municipality” government except for Philadelphia County. Philadelphia and “municipal corporation” are applied by Pennsylvania County is substantially consolidated with the City of statutes, are counted for Census Bureau purposes as Philadelphia for governmental purposes and functions township rather than municipal governments (see below). primarily as a city. Philadelphia is counted as a munici- Incorporation as a borough requires a minimum population pal government, rather than as a county government for of 500 residents. To change from a borough or township Census Bureau purposes. to a city requires a minimum population of 10,000 and a referendum. Any municipality may adopt, after an election, The governing body of each county government is a Board a home-rule charter that provides for its government. The of County Commissioners. Any county may adopt a home- following classes, based on population size, apply to cities rule charter that provides for its government. Pennsylvania as of June 30, 2012: counties are divided into the following nine classes accord- ing to population size: • First class—1,000,000 inhabitants or more (Philadelphia) • First class—1,500,000 inhabitants or more • Second class—250,000 to 999,999 inhabitants (Philadelphia; see above) (Pittsburgh) • Second class—800,000 to 1,499,999 inhabitants • Second class A—80,000 to 249,999 inhabitants and (Allegheny) that by ordinance elect to become second class A city (Scranton) • Second class A—500,000 to 799,999 inhabitants (Delaware and Montgomery) • Third class—fewer than 250,000 inhabitants, including those that have not elected to become a second class • Third class—210,000 to 499,999 inhabitants A city • Fourth class—145,000 to 209,999 inhabitants • Fifth class—90,000 to 144,999 inhabitants All cities, boroughs, and incorporated towns exist outside the area of any governmentally active township. • Sixth class—45,000 to 89,999 inhabitants and those having 35,000 to 44,999 inhabitants that by ordinance Township Governments (1,546) or resolution of the Board of County Commissioners elect to become a county of the sixth class. Townships, although not differing in legally autho- rized powers from the types of municipal governments • Seventh class—20,000 to 44,999 inhabitants and those described above, are counted for Census Bureau purposes having 35,000 to 44,999 inhabitants that have not as a separate type of local government. elected to become a county of the sixth class. • Eighth class—fewer than 20,000 inhabitants The entire area of the state is encompassed by townships, except for areas within the boundaries of cities, boroughs, SUBCOUNTY GENERAL PURPOSE or incorporated towns. Pennsylvania townships are divided GOVERNMENTS (2,561) into two classes. Townships of the first class are those having a population density of at least 300 per square mile The subcounty general purpose governments in that have elected to choose first class township status. All Pennsylvania consist of 1,015 municipal (borough, city, other townships are second class townships. Change from and town) governments and 1,546 township governments. second to first class is initiated on petition of voters and These two types of governments are distinguished primarily subject to referendum. by the historical circumstances surrounding their incorpora- tion. In Pennsylvania, boroughs, cities, towns, and town- The governing body of each township is an elected board ships have similar powers and perform similar functions. of commissioners in first class townships and an elected board of supervisors in second class townships. Any town- ship may adopt a home-rule charter that provides for its government.
240 Pennsylvania Governments—Individual State Descriptions PUBLIC SCHOOL SYSTEMS (514) districts and are not counted as separate governments. Each intermediate unit is governed by a board of direc- School District Governments (514) tors, elected from among the members of the boards of The following types of school districts in Pennsylvania are school districts comprising the intermediate unit. The state counted as separate governments for Census Bureau pur- board of education approves and funds the budgets of the poses and are classified by population size: intermediate units. The budget must also be approved by a majority of the school districts comprising the unit. Units • First class—1,000,000 inhabitants or more may receive federal, state, school district, and other money. (Philadelphia) “Joint schools” are joint activities of two or more school • First class A—250,000 to 999,999 inhabitants districts and are not counted as governments. Each is con- (Pittsburgh) trolled by the boards of the participating districts or by a • Second class—30,000 to 249,999 inhabitants joint school committee, the members of which are chosen • Third class—5,000 to 29,999 inhabitants by and from the boards of the constituent districts. Their • Fourth class—fewer than 5,000 inhabitants fiscal requirements are met by participating districts. Consortiums of school districts may be formed under the Community colleges intergovernmental cooperation act to jointly provide pro- Each of the above classes of school districts has an elected grams and services to member districts. Formation requires or appointed board of school directors to administer school the passage of ordinances and referendums. The governing affairs. School districts of the first class or of the first class board is set by the agreement. A are governed by a board of public education consisting School districts that do not provide special education of 15 appointed directors. All of the above school districts services themselves may provide such jointly with other may issue bonds and levy school taxes. Voter approval may school districts. Such programs are classified as joint be required for bond issues. educational service agencies of the participating school dis- Community colleges in Pennsylvania also are counted tricts and are not counted as separate governments. as separate governments. The community colleges may Recreation, fair, or park boards may be created by school be established with the approval of the State Board of districts by the school district alone or jointly with another Education by a school district; a county, city, borough, government. These boards are classified as dependent town, or township; a board of school directors; or any com- agencies of the creating government or governments and bination thereof. Each is administered by a board of trust- are not counted as separate governments. ees. If sponsored by a first class city, the board is appointed by the mayor from names submitted by a nominating panel. Municipal authorities, often called “school building authori- In second class cities, the board is appointed by the mayor ties,” finance construction of school buildings. They are with the approval of the city council. Otherwise, the board described below under “Special District Governments.” is selected by a majority vote of the governing body of the local sponsor. The board of trustees may fix and charge SPECIAL DISTRICT GOVERNMENTS (1,756) tuition and fees. The governing body of each school district Pennsylvania statutes authorize the creation of a variety of or municipality comprising a local sponsor may levy an special districts or authorities that are counted as indepen- additional tax for community college purposes. dent governments. These are discussed in detail below. Dependent Public School Systems (0) Convention Center Authorities in Third Class Pennsylvania has no dependent public school systems. Counties These authorities may be created by the governing body of Other Educational Activities a third class county or a third class county and its county Area vocational-technical schools and institutes are classi- seat. The board consists of seven members, with three fied for Census Bureau purposes as joint educational ser- appointed by the county, three by the county seat, and vice agencies of participating school districts and are not one by either the county or the county seat on an alternat- counted as separate governments. They are administered ing basis. An alternative board consists of nine members by boards of directors of the participating school districts. appointed by the mayor, county executive, and Governor. These schools provide vocational and technical education The authorities may issue bonds and fix and collect admis- services for all school districts that elect to participate and sions, fees, and rents. The county may impose an excise that pay their proportionate share of the costs. tax on hotels for the benefit of the authority.
Intermediate units, which provide special educational services, are classified for Census Bureau purposes as joint educational service agencies of the participating school
Governments—Individual State Descriptions Pennsylvania 241 Delaware River Joint Toll Bridge Commission Southeastern Pennsylvania Transportation Authority (SEPTA) was established under this law to provide bus and rail This interstate commission was created by special acts transit and commuter rail service in the Philadelphia area. of the New Jersey and Pennsylvania legislatures to build, Authorities established under former legislation relating to operate, and maintain toll bridges across the Delaware metropolitan transportation authorities now operate under River north of Philadelphia. The commission consists of this law. five members appointed by the Governor of New Jersey and confirmed by the state Senate and five appointed by Municipal Authorities the Governor of Pennsylvania who serve at the Governor’s pleasure. The commission may issue bonds, and fix and Pennsylvania law permits the governing body of a county, collect fees, rentals, and tolls. city, borough, town, township, or school district govern- ment, either singly or jointly, to establish a municipal Delaware River Port Authority authority by resolution or ordinance after a public hear- ing. A board appointed by the establishing government or This authority is counted under “New Jersey—Special governments governs each authority. Municipal authorities District Governments.” may finance, own, lease, and operate any of various types Housing Authorities of projects, most commonly facilities for water supply and sewerage but also facilities for airports, school buildings, County or city housing authorities may be established by flood control, parks, recreation, hospital financing, parking, resolution of the county or city governing body or by the solid waste disposal, mass transit, marketing, electrical Governor on petition of taxpayers. Housing authorities are power facilities, and industrial development. An authority governed by five-member boards appointed by the county may fix and collect rentals, user fees, and other charges commissioners or the mayor with the approval of the city and may issue revenue bonds. Authorities organized under council with these exceptions: in cities of the first class, the this law are known by a variety of names. mayor appoints two members, the city controller appoints two members, and these four in turn appoint an additional Neighborhood improvement districts that are created as member; in cities of the second class, the mayor appoints municipal authorities are dependent agencies of the creating two additional members for a total of seven. The authorities government. See “Subordinate Agencies and Areas” below. may issue bonds and fix and collect rentals and charges. Municipal Power Agencies Industrial and Commercial Development Two or more boroughs with existing electric utilities Authorities—1967 law may form municipal power agencies through an inter- Industrial and commercial development authorities orga- governmental agreement, filed with the Secretary of the nized under this law are established by ordinance of any Commonwealth. The agencies are governed by a board county, city, borough, town, or township to finance and composed of representatives of the member municipalities. promote industrial and commercial development projects. The agencies may collect rates and charges for their facili- A board appointed by the governing body of the establish- ties and issue revenue bonds. The Pennsylvania Municipal ing government, or as specified by the city charter, governs Power Agency was created under this law. each authority. Authorities created under this law may fix and collect rentals and issue revenue bonds. Second class Parking Authorities counties are authorized to issue revenue bonds on behalf Authorities to provide parking facilities are created by of the authorities. Industrial development authorities estab- resolution or ordinance of cities (except first class cit- lished under the municipal authorities law are described ies), boroughs, or first class townships. Each authority is below under “Municipal Authorities.” governed by a five-member board appointed by the city mayor, the president of the borough council, or the presi- Metropolitan Transportation Authorities dent of the board of township commissioners. The authori- State law authorizes these authorities in each metropoli- ties may lease parking facilities, impose rates and charges, tan area. Each authority’s board consists of one member and issue revenue bonds. Parking authorities in first class (who may be a state official serving in an ex officio capac- cities are governed by a six-member board appointed by ity) appointed by the Governor, two members per county the Governor. In 2007, parking authorities in first class served appointed by the county commissioners or council cities were classified as subordinate agencies of the (except in the case of a first class city, by the mayor), and Commonwealth for Census Bureau purposes. one member appointed by each of the majority and minor- ity leaders in the Senate and the House of Representatives. Philadelphia Regional Port Authority The Senate and House appointees serve at the pleasure This authority, which includes the city of Philadelphia and of the appointing legislative member. The authorities may Bucks and Delaware counties, was created by 1989 legisla- issue revenue bonds and fix and collect fees and rents. The tion to construct, maintain, and operate port facilities along
242 Pennsylvania Governments—Individual State Descriptions the Delaware River. The authority consists of 11 members authority may make mortgage loans, fix charges in connec- appointed by the Governor and legislative members. The tion with its loans, and issue revenue bonds. authority may fix and collect fees, rates, and rentals for use of its facilities and may issue revenue bonds. Sport and Exhibition Authorities Joint sport and exhibition authorities may be established Port Authorities in Counties of the Second by local resolution of a second class county and second Class class city within the second class county. Each author- These authorities may be formed in second class counties ity is governed by a seven-member board with members to operate port facilities and transportation systems in appointed by the county executive, the mayor, or in joint the county by which they are organized and in adjoining cases, by both. The authorities may issue bonds and counties to the extent necessary for an integrated trans- fix and collect fees, admissions, and rents. The creat- portation system. The governing board, which includes one ing governments also may issue bonds for the authority. member of the county council, is appointed by the county The Sports and Exhibition Authority of Pittsburgh and executive. The county commissioners in each adjoining Allegheny County was created under this act. county where transportation services have been extended appoint one additional representative to vote on issues of SUBORDINATE AGENCIES AND AREAS rates and services within the county. The authorities may Shown below are various governmental designations in impose tolls, fares, fees and rentals for the use of facilities, Pennsylvania that have certain characteristics of govern- and may issue revenue bonds. Any county of the second mental units but that are classified in Census Bureau sta- class is authorized to issue general obligation or rev- tistics as subordinate agencies of the state or local govern- enue bonds for authority purposes. The Port Authority of ments and are not counted as separate governments. Legal Allegheny County (PAT) was established under this law to provisions for some of the larger of these are discussed provide bus and rail transit in the Pittsburgh area. below (see “Public School Systems” above regarding educa- tional agencies of this nature). Port Authorities in Third Class Cities Allegheny Regional Asset District (county)—This Port authorities to operate port facilities including port- district was created by special act and county ordinance related transportation systems and transportation systems in 1993. The district funds and develops the region’s civic, are created by resolution of the governing body of a third recreational, library, sports, cultural, and other assets. The class city. Each authority has a governing board consisting district is governed by an appointed board of eight mem- of the Governor and the Secretary of the Department of bers: four appointed by the board of county commission- Transportation as ex officio members, plus nine members ers, two by the mayor of Pittsburgh, one by vote of at least appointed by the city mayor, one member appointed by the five of the other six members, and one nonvoting member Governor, and one member appointed by the Secretary of appointed by the Governor. The district is funded by one- the Department of Transportation. The authority governing half of the revenues generated by a special one percent body may fix and collect fees and rentals for its facilities sales tax and hotel tax levied by Allegheny County. The and may issue bonds. The Erie Western Pennsylvania Port district is authorized to issue revenue bonds. Authority was created under this law. Conservation districts (county)—These districts are Public Auditorium Authorities established by the county governing body to provide These authorities may be formed by resolution of munici- soil conservation services. The creation of these districts pal authorities of any county or of any city singly, or may be initiated by petitions, hearings, or referenda. The jointly, excluding second class counties and cities. The districts are governed by a board of directors consisting of authorities may acquire, own, and operate auditoriums, seven members appointed by the county governing body. stadiums, and similar facilities. Each authority is governed The districts receive their revenue from state and county by a board appointed by the creating governments. These appropriations and contributions for benefits provided. authorities may fix and collect fees and rents, and issue Pennsylvania Housing Finance Agency (state)—This revenue bonds. agency was established to provide mortgage credit for low- and moderate-income housing. The agency board consists Residential Finance Authorities of 14 members including six appointed by the Governor Authorities of this type may be established by resolution with the consent of the Senate and one person appointed of the county commissioners of a second class county. by each of the Majority and Minority Leaders in the Senate The authorities provide mortgage credit for the construc- and the House of Representatives, plus the Secretaries of tion or the renovation of housing. A board appointed by Banking, Commerce, and Community Affairs, and the State the county commissioners governs each authority. The Treasurer. The agency may fix and collect fees and issue revenue bonds.
Governments—Individual State Descriptions Pennsylvania 243 Pennsylvania Industrial Development Authority Energy Development Authority (state)—This authority was established to finance the Flood control districts construction of industrial development projects to pro- Insurance Fraud Prevention Authority mote economic development and employment. The authority board consists of seven members appointed Intergovernmental Cooperation Authority for Cities of the by the Governor with the consent of the Senate, plus the Second Class Secretaries of Agriculture, Banking, Commerce, Community Patient Safety Authority Affairs, and Labor and Industry. The authority may issue Pennsylvania Economic Development Financing Authority revenue bonds and accept grants. Pennsylvania eHealth Partnership Authority Port of Pittsburgh Commission (state)—Established Pennsylvania Higher Education Assistance Agency by special act in 1992, the geographic area covered by the Pennsylvania Infrastructure Investment Authority commission includes ten counties in western Pennsylvania. Pennsylvania Intergovernmental Cooperation Authority The commission develops port facilities in the area to (first class cities) enhance commerce and industry. In addition, the commis- sion is to develop and promote recreational facilities in Pennsylvania Minority Business Development Authority the port district. The governing body of the commission Underground Storage Tank Indemnification Board consists of 15 members appointed by the Governor and County leaders of the state general assembly. The commission has the power to fix and collect fees and rentals for port facili- Business improvement districts (1996 law) ties and port-related projects. The commission may issue Recreation, park, and fair boards bonds secured by its revenues. Tourist promotion agencies Redevelopment authorities (county and municipal)— Transportation development districts (county) The governing body of any city or county may establish a redevelopment authority by resolution or ordinance. A Municipal five-member board appointed by the mayor or the county Business improvement districts (1996 law) governing body governs each authority. Redevelopment authorities may issue revenue bonds and accept federal Land banks aid, including grants. Redevelopment proposals are subject Municipal libraries to the approval of the sponsoring government. Neighborhood improvement districts (except in first class cities) State authorities (state)—A number of statewide author- ities have been created by acts of the general assembly to Pennsylvania Convention Center Authority finance the construction of public facilities for the purposes Recreation, park, and fair boards (boroughs, second and indicated by the authority names. The largest of these are third class cities, and incorporated towns) as follows: Sewer districts in first class cities • Higher Educational Facilities Authority Transportation development districts (municipal)
• Pennsylvania Turnpike Commission Township • State Public School Building Authority Fire and water districts in first class townships Each of the governing bodies of these authorities consists Neighborhood improvement districts of members appointed by the Governor, state officials serv- Recreation, park, and fair boards ing in an ex officio capacity, or a combination of the two. These state authorities receive their revenue primarily from Sanitary sewer districts in second class townships rentals, tolls, or charges and may issue revenue bonds. Sewer districts in first class townships
Other examples include: Transportation development districts (municipal)
State1, 2, 3 Other
Ben Franklin Technology Development Authority Joint recreation, park, or fair boards may be created by counties, municipalities (boroughs, second and third class Commonwealth Financing Authority cities, and incorporated towns), townships, and school Commonwealth Mental Health Research Foundation districts. Delaware River Bridge and Tunnel Commission Local development districts are state planning areas, typi- Delaware River Joint Bridge Commission of Pennsylvania cally governed by planning and development commissions. and New York
244 Pennsylvania Governments—Individual State Descriptions Pennsylvania laws also provide for various types of local areas for election areas and administration of justice.
1 The Delaware River Joint Bridge Commission of Pennsylvania and New York has never been ratified by New York. 2 The Pennsylvania Public Television Network Commission was abolished in 2009. 3 The Philadelphia Shipyard Development Corporation closed in 2010.
Governments—Individual State Descriptions Pennsylvania 245 Rhode Island
Rhode Island ranks forty-ninth among the states in the num- PUBLIC SCHOOL SYSTEMS (36) ber of local governments with 133 active as of June 30, 2012. School District Governments (4) COUNTY GOVERNMENTS (0) Only the regional school districts in Rhode Island are In Rhode Island, counties are geographic subdivisions counted as governments in Census Bureau statistics. The for the judicial administration of the state. They have no selection of the school committee for each of these school associated governmental structure and are not counted as districts is determined by a meeting of the participating cit- governments for Census Bureau purposes. ies and towns. A regional school district may issue bonds and determine its own fiscal requirements, which are met SUBCOUNTY GENERAL PURPOSE by the constituent cities and towns. GOVERNMENTS (39) Dependent Public School Systems (32) The subcounty general purpose governments in Rhode Island consist of municipal (city) governments and town Rhode Island statutes provide for the following types of governments. These two types of governments are distin- dependent public school systems: guished primarily by the historical circumstances surround- Systems dependent on the state government: ing their incorporation. In Rhode Island, cities and towns have similar powers and perform similar functions. • Central Falls School District (1)
Municipal Governments (8) Systems dependent on municipal governments: The term “municipality” as defined for Census Bureau sta- • City school systems (7) tistics on governments, applies only to the cities in Rhode Systems dependent on town governments: Island. Towns which are treated as municipalities in Rhode Island statutes, are counted for Census Bureau purposes • Town school systems (24) as town, rather than municipal governments (see below). The Central Falls School System is governed by a board Cities in Rhode Island are established by special act and of trustees appointed by the state board of regents for exist outside the area of any town. In addition to the usual elementary and secondary education from nominations city functions, Rhode Island cities also provide services made by the commissioner of elementary and secondary commonly assigned in other states to county governments. education. The board appoints a superintendent to manage Any city or town may adopt a home rule charter after peti- and operate the school. tion by voters to the legislative body of the city or town and after an election. The city and town school systems in Rhode Island are not counted as separate governments in Census Bureau Town or Township Governments (31) statistics, but are classified as dependent agencies of the Although not differing in legally authorized powers from city and town governments. While these school systems cities, governmental units in Rhode Island designated as are administered by elected boards, called “school commit- “towns” are counted in Census Bureau statistics as a sepa- tees,” their fiscal requirements are determined and met by rate type of government. the sponsoring cities or towns.
The entire area of the state is encompassed by town gov- Other Educational Activities ernment, except for areas within the boundaries of cities. Collaborative programs are created by special acts of the Rhode Island towns perform services that in other states legislature to provide special education and other services are commonly associated with county and city govern- to member school systems. They are governed by boards ments. Town governing bodies are known as town coun- composed of representatives derived from the participating cils. All taxes must be approved at a town meeting, except school systems. Activities associated with these programs in those towns which have abolished their financial town are classified as dependent activities of the administering meeting. school systems and are not counted as separate govern- ments for Census Bureau purposes.
246 Rhode Island Governments—Individual State Descriptions Regional vocational schools are established by the Fire, Fire and Water, and Fire and Lighting state. These schools are governed by boards of trustees Districts (Special Acts) appointed by the state board of regents for elementary and These districts, which typically furnish fire protection, secondary education. These schools are counted as state water supply, or lighting, but may also furnish other ser- dependent agencies and are not counted as separate gov- vices such as street or beach maintenance, electric power, ernments for Census Bureau purposes. or garbage removal are established by special acts with substantially uniform provisions. A referendum may be SPECIAL DISTRICT GOVERNMENTS (90) required. The districts are governed by officers elected at Rhode Island statutes authorize the creation of a variety of an annual meeting of the voters. The Exeter Fire District’s special districts or authorities that are counted as govern- board also includes members appointed by private enti- ments. These are discussed in detail below. ties. For all fire districts, either the board sets taxes or the electors order taxes. Some fire districts may issue bonds Conservation Districts or fix charges for the sale of water. Voter approval may be Soil and water conservation districts are established by the required for the levy of taxes or for the district budget. state conservation committee upon petition of landown- ers. A board consisting of three members appointed by the Housing Authorities state conservation committee and two members elected Housing authorities are created by the city or town council by landowners governs each district. Contributions to the upon petition of residents and after a hearing. A board of district may be required of the landowners within a district. commissioners appointed by the mayor or town coun- Contributions from state government, federal government, cil governs each district. Housing authorities may issue and from private contributors may be accepted as well. bonds, and fix rents and charges.
Convention and Visitors’ Bureaus Pascoag Utility District Two bureaus have been created by special act: the Newport This district was created in 2001 by special act to provide and Bristol County Convention and Visitors’ Bureau and electricity and water. A board of five to seven popularly the Greater Providence-Warwick Convention and Visitors’ elected commissioners governs the district. The district Bureau. The former is governed by a board consisting of may fix rates, collect charges, and issue bonds. appointees by local governments; the latter also includes state appointees. The bureaus are funded by a statutorily Pawtuxet River Authority set hotel tax. This authority was authorized by special act to provide sewerage and waste disposal facilities. A board of 15 mem- Dam Management Districts bers, appointed by the mayors or the presidents of the These districts are created upon passage of an ordinance town councils of the cities and towns served, governs the by one or more cities and/or towns. The boundaries of the authority. Funding for the authority comes from appropria- districts and the manner of governance are specified in the tions from member cities and towns. The authority may fix creating ordinance. The districts may set fees, rates, and rates and charges for services, and may borrow money. charges. Water Authorities—County (Special Acts) Dam management districts governed by the creating government ex officio are not counted as separate govern- The Bristol County Water Authority was authorized by ments. See “Subordinate Agencies and Areas” below. a special act subject to local referendum. The govern- ing body consists of three members each from the towns East Providence Special Development District of Barrington, Bristol, and Warren. Board members are Commission appointed by the member town councils. The authority may fix and collect charges, and issue revenue bonds. This Commission was created by special act. It serves a special development district in East Providence, providing The Kent County Water Authority was created by special economic development for a waterfront area. The 19-mem- act. The governing body consists of one member each from ber Commission consists of local and state appointees, the towns of East Greenwich, West Warwick, and Coventry, plus city and state officials serving in an ex officio capacity. and the city of Warwick, appointed by the town or city The Commission may fix fees, rates, rents, assessments, council. An additional member is selected from the town and other charges. or city having the greatest number of water users within the district. The authority may issue bonds and establish charges for the sale of water.
Governments—Individual State Descriptions Rhode Island 247 Water Authorities, Commissions, and serving ex officio, and 12 members appointed by the Districts—Town (Special Acts) Governor, governs the corporation. The corporation may fix rents, fees, tolls, and charges, and may issue revenue These districts are established by special acts to serve all bonds. This entity was formerly known as the Rhode Island or part of a town or towns. Establishment of the Chopmist Port Authority and Economic Development Corporation. Water District also required voter petition and vote of the town council. The districts are governed by boards of direc- Rhode Island Housing and Mortgage Finance tors that may be elected or may be appointed by the town Corporation (state)—This corporation was created by administrator. The districts may fix fees, rates, rents, and special act to provide mortgage credit for low- and mod- other charges, and may issue bonds. For some districts, erate-income housing and for health care facilities. The the voters may set and authorize taxes. Some districts may corporation board consists of seven commissioners, four levy ad valorem property taxes, which may require voter of whom are appointed by the Governor with the consent approval. of the senate, plus the director of business regulations, the director of administration, and the state treasurer, who SUBORDINATE AGENCIES AND AREAS serve in an ex officio capacity. The corporation may fix Shown below are various governmental designations in rates and charges, and issue revenue bonds. Rhode Island that have certain characteristics of govern- Rhode Island Industrial Facilities Corporation mental units, but that are classified in Census Bureau sta- (state)—This corporation was established by special act to tistics as subordinate agencies of the state or local govern- finance industrial and pollution control facilities. A board of ments and are not counted as separate governments. Legal directors appointed by the Governor governs the corpo- provisions for some of the larger of these are discussed ration. The state director of economic development, ex below (see “Public School Systems” above regarding educa- officio, serves as chief executive officer of the corporation. tional agencies of this nature). The corporation may charge rentals in connection with its Building authorities and corporations (state)—The projects and may issue revenue bonds. Rhode Island Health and Educational Building Corporation Rhode Island Public Transit Authority (state)—This and the Rhode Island Industrial-Recreational Building authority was established by special act to operate transit Authority were created by special acts to provide buildings systems in the state. The authority board consists of seven for the purposes outlined by state statutes. Similar legal members appointed by the Governor with the advice and provisions apply to each agency. Their governing bodies consent of the senate, plus the director of the department are appointed by the Governor. These authorities may fix of transportation, serving ex officio. The authority may fix rentals and charges for facilities, and issue revenue bonds. fares and charges, and issue revenue bonds.
Narragansett Bay Commission (state)—This commis- Rhode Island Resource Recovery Corporation (state)— sion, also known as the Narragansett Bay Water Quality This corporation, formerly named Rhode Island Solid Waste Management District Commission, was created in 1980 by Management Corporation, was created by act of the gen- a special legislative act. The commission operates water eral assembly to finance solid waste disposal and resource treatment plants. The commission is governed by guber- recovery facilities. A board of eight commissioners, includ- natorial appointees and appointees of the municipalities ing seven appointed by the Governor plus the director of of Central Falls, Cumberland, East Providence, Johnston, administration, governs the corporation. The corporation Providence, North Providence, Pawtucket, and Lincoln. may fix rates and fees, and issue revenue bonds. The commission may set rates, and with the Governor’s approval, issue bonds. Rhode Island Turnpike and Bridge Authority (state)— This corporation was created by special act. The author- Rhode Island Airport Corporation (state)—This entity, ity is governed by a board consisting of four members formed by executive order in December of 1992, is a appointed by the Governor plus the director of transporta- semi-autonomous subsidiary of the Rhode Island Economic tion, serving ex officio. The authority may issue revenue Development Corporation. It was created to operate and bonds and fix and collect tolls. maintain the state airport at Warwick and any other air- ports constructed or operated by the state. Powers of the Other examples include: corporation are vested in a board of seven members are State1 appointed by the Governor. The corporation may fix rates and charges. The Rhode Island Economic Development Capital Center Commission Corporation may issue bonds on behalf of this corporation. Quonset Development Corporation Rhode Island Economic Development Corporation Regional tourism districts (state)—This corporation was established by special act to finance the construction of industrial, commercial, and port facilities. A board of directors, consisting of the Governor,
248 Rhode Island Governments—Individual State Descriptions Rhode Island Clean Water Finance Agency (formerly the Waste water management districts (city) Rhode Island Clean Water Protection Finance Authority) Water supply boards (special acts) Rhode Island Commission for National and Community Town Service (dba Rhode Island Service Alliance) Block Island Housing Board Rhode Island Convention Center Authority Burrillville Sewer Commission Rhode Island Depositors Economic Protection Corporation Conservation commissions (town) Rhode Island Higher Education Assistance Authority Coventry Sewer Authority Rhode Island Public Rail Corporation Dam management districts with ex officio boards (town) Rhode Island Public Telecommunications Authority Drainage districts (town) (special acts) Rhode Island Refunding Bond Authority Forest and park commissions Rhode Island Student Loan Authority Highway districts Rhode Island Water Resources Board Land trusts (special acts) Tobacco Settlement Financing Corporation Lincoln Water Commission (1955 special act) University of Rhode Island Research Corporation Middletown Sewer Commission Municipal Mosquito abatement districts (town) Conservation commissions (city) Municipal detention facility corporations (town) Dam management districts with ex officio boards (city) Municipal public buildings authorities (town) District management authorities Portsmouth Sewer Authority Downcity Tax District Redevelopment agencies (town) Drainage districts (city) (special acts) Smithfield Sewer Authority Mosquito abatement districts (city) Stormwater management districts (town) Municipal detention facility corporations (city) Waste water management districts (town) Municipal land trusts (special acts) Water supply boards (special acts) Municipal public buildings authorities (city) West Warwick Sewer Commission Parking commissions Westerly Downtown Center Special Services District Providence Civic Center Authority Rhode Island laws also provide for various types of local Providence Public Building Authority areas for election purposes and administration of justice. Redevelopment agencies (city)
Special development districts 1 The Narragansett Bay Water Quality Management District was succeeded by the Narragansett Bay Commission. Legislation autho- Stormwater management districts (city) rizing the Mount Hope Bridge Authority was repealed in 2006. The Newport County Convention and Visitors Bureau, classified as a Warwick Sewer Authority state dependent agency in previous censuses, was reclassified as a special district for the 2007 Census of Governments.
Governments—Individual State Descriptions Rhode Island 249 South Carolina
South Carolina ranks thirty-seventh among the states in num- Other Educational Activities ber of local governments with 678 active as of June 30, 2012. The joint vocational schools, sometimes called “area voca- COUNTY GOVERNMENTS (46) tional centers,” are formed by agreement between partici- pating school districts. Ex officio members of the boards All of South Carolina is served by county government. of the participating school districts compose the governing Counties are administered by a council, council-manager, board for each joint vocational school although special council-supervisor, council-administrator, or board of legislation has provided for other methods of governance commissioners form of government as determined by in some counties. Funding is provided by the participating referendum. school districts. The schools are classified as joint educa- tional service agencies. They are not counted as separate SUBCOUNTY GENERAL PURPOSE governments. GOVERNMENTS (270) SPECIAL DISTRICT GOVERNMENTS (279) Municipal Governments (270) South Carolina statutes authorize the creation of a variety Municipal governments in South Carolina are the cities and of special districts or authorities that are counted as gov- towns. They are administered by a mayor-council, council, ernments. These are discussed in detail below. or council-manager form of government. New municipali- ties may be formed by referendum if the area to be incor- Airport Districts porated has at least 300 persons per square mile and is at least five miles away from an existing municipality. Special acts have established specific airport districts to provide and operate airport facilities. Five of these airport Township Governments (0) districts are counted as special district governments: South Carolina has no township governments. Charleston County Airport District—Also known as the Charleston County Aviation Authority, this district PUBLIC SCHOOL SYSTEMS (83) was created by special legislation in 1970. The author- ity board consists of seven members appointed by the School District Governments (83) Governor on local recommendation plus the mayors The following types of school districts in South Carolina of Charleston, North Charleston, and the town of Mt. are counted as separate governments for Census Bureau Pleasant; the chair of the Charleston county council; purposes: and the chair and vice chair of the county legislative delegation. The authority board may impose rates and • County-wide school districts charges, and may levy ad valorem taxes. General obliga- • Independent school districts tion bonds of the authority must be authorized by the general assembly. Each school district, whether countywide or independent, was authorized by special legislation. The independent Greenville Airport Commission—This commission school districts may exist within a single county or may was created by special act in 1928. The commission serve parts of multiple counties. Each school district is consists of five members of which two are appointed by governed by a school board of directors, who are usually the county of Greenville, two are appointed by the city elected but may be appointed or a combination. School dis- of Greenville, and one is appointed by the aforemen- tricts may levy ad valorem taxes; however, some districts tioned four. The commission may fix and collect fees must obtain approval by the county council, legislative del- and charges, and may issue revenue bonds. egation, county board of education, or voters for tax rates or budgets. School districts may issue general obligation Greenville-Spartanburg Airport District—This dis- bonds, with voter approval, to finance construction. trict was established by special act in 1959. The govern- ing body is a commission consisting of three members Dependent Public School Systems (0) from each county appointed by the Governor on local recommendation. The commission may fix rates and There are no dependent school systems in South Carolina. charges for facilities, and may issue revenue bonds. The district is authorized to issue general obligation bonds
250 South Carolina Governments—Individual State Descriptions for capital construction projects; the bonds are paid by Electric Lighting Districts, Fire Districts, ad valorem taxes on property in the district. Sewer Districts, and Water Districts
Pee Dee Regional Airport District—This district These districts may be created in any portion of a county owns and operates Florence Regional Airport to serve outside any incorporated city or town. Establishment the counties of Florence, Marion, and Dillon. The dis- requires petition of landowners and referendum. District trict is governed by a board of nine members appointed functions may include electric power, fire protection, sew- by the Governor and selected from recommendations erage, water supply, or emergency medical services. An by the participating county councils and the Florence elected board of commissioners governs each district. The city council. Legislation authorizes county per capita districts may issue revenue bonds; the voters may request appropriations. The authority may fix and collect rents, a referendum. The districts may fix and collect charges for fines, fees, and charges, and may issue revenue bonds. services. Districts providing sewerage may levy special General obligation bonds for capital construction proj- assessments and may issue general obligation bonds. If the ects may be issued subject to approval by the county income of a district is insufficient to meet expenses, the boards within the district and optional referendum. district may levy ad valorem taxes with the approval of the When such bonds are issued, the member counties may county supervisor. levy an ad valorem tax within the district. Special acts, enacted prior to the enactment and implemen- Richland-Lexington Airport District—Established by tation of home-rule legislation, authorized districts and a special act in 1961, this district owns and operates authorities with similar provisions. Such districts typi- Columbia Metropolitan Airport. The district is governed cally were authorized governing bodies appointed by the by a 12-member commission appointed by the Governor Governor upon recommendation of the county legislative on local recommendation. The commission may fix rates delegation. and fees, and may issue revenue bonds. The district is Because of the varying provisions in specific authoriz- authorized to issue general obligation bonds for speci- ing legislation, not all of these districts are counted as fied capital construction projects; the bonds are paid by separate governments for Census Bureau purposes. See ad valorem taxes on property in the district. “Subordinate Agencies and Areas” below. Auditorium Districts (special acts) Gaffney Board of Public Works The following districts, which may build, operate, or main- This board was established by a special act to provide tain auditorium facilities, were created by special act: electric power, sewerage, and water supply to Gaffney and Greenville Arena District—This district is governed to the surrounding areas of Cherokee County. The board is by a board of trustees appointed by the Governor on elected, may fix charges, and may issue revenue bonds. recommendation of the Greenville County legislative Other boards of public works in South Carolina are not delegation. The district may issue bonds, fix charges, counted as separate governments for Census Bureau pur- and levy ad valorem taxes. poses. See “Subordinate Agencies and Areas” below. Spartanburg Memorial Auditorium District— This district is governed by a board appointed by the Gas Authorities (special acts) Spartanburg city council, the Spartanburg County These authorities are created by special acts to provide council, and a joint committee consisting of representa- natural gas service; however, provisions for each author- tives of the city, county, and district governing bodies. ity are similar. Each authority was authorized a board, Also, two ex officio members from the city and county appointed by the Governor upon local recommendation. councils are members. The district may fix and collect The authority may issue revenue bonds, and fix and collect charges, and may issue bonds. charges for gas sold.
Beaufort-Jasper Water and Sewer Authority Greater Greenville Sanitation District This authority was created by special act to serve Beaufort Created by special act, this district provides sanitation and Jasper counties. The authority is governed by a board facilities such as refuse, garbage, and trash collection in appointed by the Governor from recommendations pro- specified areas. A board of commissioners appointed by the posed by the county and designated municipalities, and Governor governs the district. The district may charge col- delivered through the county legislative delegations. The lection fees, levy taxes, and issue general obligation bonds. authority may set rates and assessments, and may issue revenue bonds.
Governments—Individual State Descriptions South Carolina 251 Hartsville Community Center Building Joint Municipal Water Systems Commission These systems are created by resolution or ordinance of This commission was created by a special act to provide for two or more counties, towns, or cities or combination a community center. The commission is appointed by the thereof. These systems may acquire and operate any water, Governor upon recommendation of the Darlington County sewer treatment system, or water distribution system, and legislative delegation. The commission may fix and collect may sell water at retail and at wholesale. Systems may be charges for the use of its facilities. Darlington County issues organized for the sole purpose of creating a financing pool bonds for the commission upon voter approval. for construction. Participating governments must form an agreement specifying the number of commissioners each Hospital Districts (special acts) member may appoint. The systems may fix rates, rents, These districts, providing hospital facilities, are established and other charges, and may issue revenue bonds. by special acts with substantially uniform provisions. Each Laurens County Water and Sewer Commission district was authorized a governing board appointed by the Governor upon the recommendation of the county This commission was created by special act. The district council or legislative delegation. The districts may issue serves most unincorporated areas of Laurens County and bonds upon voter approval, fix and collect rates, and set portions of southern Greenville County. The commission is ad valorem taxes. appointed by the Governor from nominees by the govern- ing bodies of Lauren County, the cities of Laurens and Housing Authorities Clinton, and Greenville County. The commission may set Four types of housing authorities to provide assisted hous- rates and collect fees, and may issue revenue bonds. ing and development projects are authorized by general Myrtle Beach Air Base Redevelopment law—city, county, regional, and consolidated housing Authority authorities. An individual municipality or town may estab- lish a housing authority under the city housing authority This authority to redevelop the former air base was created law upon resolution of the city or town council or upon by an executive order of the Governor. It is governed by a petition of residents. A county may establish a county board appointed by state, county, and municipal authori- housing authority upon resolution of the county legisla- ties. The authority may collect fees and charges, and issue tive delegation or upon petition of residents. Similarly, the revenue bonds. legislative delegations of two or more contiguous counties may establish a regional housing authority, and the coun- Public Service Districts and Metropolitan cils of two or more municipalities may form a consolidated Districts (special acts) housing authority. The local governing council (in the case These districts are created by special acts to provide of city housing authorities) or each county’s senator (in the authorized functions such as fire protection, street lighting, case of consolidated, county, or regional housing authori- sewerage, solid waste disposal, and water supply. Each dis- ties) appoints the housing authority commissioners. The trict was authorized a governing board of commissioners, authorities may issue bonds and establish charges for the usually appointed by the Governor upon recommendation use of facilities. of the county legislative delegation; although, some boards may be elected. The districts may levy ad valorem taxes, Joint County Fire Districts (special acts) fix charges, and, after referendum, issue bonds. Established by special acts, joint county fire districts have Districts of this type that are governed by the county substantially similar operating provisions. The board may council are not counted as separate governments. See be elected or appointed. All are authorized to levy ad “Subordinate Agencies and Areas” below. valorem taxes. Certain private nonprofit corporations providing water Joint Municipal Electric Power and Energy service may convert to public service districts. The corpo- Agencies ration must petition the state secretary for a new charter as These agencies may be established by resolution or a public body. ordinance of the governing bodies of two or more munici- palities. A board of directors, composed of one member Recreation Districts (special acts) appointed by each participating governing body, governs A number of recreation districts to provide, operate, and each agency. The agencies may fix rates and charges, and maintain recreational facilities have been established by may issue revenue bonds. The Piedmont Municipal Power special acts; similar provisions apply to each. Each dis- Agency was created under this act. trict was authorized a governing board either appointed by the Governor upon recommendation of the county legislative delegation or appointed by the participating
252 South Carolina Governments—Individual State Descriptions local governments. The district boards may impose user district was authorized a governing board appointed by the charges. Some districts may also levy ad valorem taxes and Governor upon the recommendation of the county legisla- issue bonds. tive delegation. A district may fix and collect user fees and charges, and issue revenue bonds. Several of these districts Because of the varying provisions in the specific authoriz- were created by special act under similar provisions. ing legislation, not all of the districts created by special act are counted as separate governments. See “Subordinate The Pioneer Rural Water District of Oconee and Anderson Agencies and Areas” below. counties and the Mitford Rural Water District of Fairfield and Chester counties were created under the same title Regional Health Service Districts with special provisions. These districts are created to build, maintain, and equip Soil and Water Conservation Districts health care facilities or nonprofit hospitals. They may be created by ordinance of the governing bodies of any These districts are created by the state department of county or group of contiguous counties; any municipality natural resources upon petition of landowners after local or group of contiguous municipalities; or any county or referendum. A five-member board of commissioners, two group of counties with any municipalities located within appointed by the department and three elected, governs their boundaries. A board of directors appointed by the each district. The districts may require contributions from member governments governs each district. The board of benefited landowners. directors may itself appoint additional members. The board In addition, special legislation provides that soil and water also may include ex officio nonvoting members of hospi- conservation districts may establish watershed conserva- tals or institutions receiving assistance from the regional tion districts upon petition and after local referendum. health service district. The districts may impose service These districts may have elected or appointed boards. charges and issue revenue bonds. The participating local The districts may levy taxes and issue bonds with voter governments may levy special public hospital taxes on approval. Watershed conservation districts are classified behalf of the districts. as dependent agencies of the establishing soil and water Regional Transportation Authorities conservation district and are not counted as separate governments. These authorities provide transit service within a state- defined regional transportation area. The authorities are SUBORDINATE AGENCIES AND AREAS established by resolution of the governing bodies of any Shown below are various governmental designations in two or more local governments. If the plan of service pro- South Carolina that have certain characteristics of govern- vides for the imposition of a property tax or motor vehicle mental units, but that are classified in Census Bureau sta- registration fee, the question of creating the authority must tistics as subordinate agencies of the state or local govern- be submitted to referendum. Each authority’s governing ments and are not counted as separate governments. Legal body consists of members appointed by the participating provisions for some of the larger of these are discussed local governments; appointees may be ex officio represen- below (see “Public School Systems” above regarding educa- tatives of the local government. Three members appointed tional agencies of this nature). by the county legislative delegation also serve on the board if provided for in the agreement. Additional contiguous Among the subordinate agencies and areas listed below, municipalities and counties may join. The authorities may some represent “special taxing areas” within the territory of set rates and fares, and may issue revenue bonds. an established government. This method of financing addi- tional services in limited areas by property taxation, while Richland-Lexington Riverbanks Park District also used by some municipal and township governments (special act) in a few states, is more widely utilized by county govern- This district, established by special act, provides for a park ments. In the listing below of authorized county-related and zoo in Richland and Lexington Counties. The district is agencies, an asterisk (*) appears for each entity of this governed by the Riverbanks Parks Commission, which con- kind—i.e., any that may individually serve a portion, rather sists of two members appointed by the Richland County than all of a county, and for which a tax may be levied council; two by the Lexington County legislative delega- against the assessed value of property in the area served. tion; two by the mayor and city council of Columbia; and Connector 2000 Association, Inc. (state)—This entity one jointly by these authorities. The district may set and was created in 1996 by the state as a public benefit corpora- collect charges, issue bonds, and levy ad valorem taxes. tion to assist the state department of transportation in the financing, acquisition, construction, and operation of turn- Rural Community Water Districts pikes and other transportation projects. The board of direc- These districts are formed upon petition of landowners tors is approved by the department of transportation. The to the county governing body and voter approval. Each association is authorized to collect tolls and to issue bonds.
Governments—Individual State Descriptions South Carolina 253 South Carolina Public Service Authority (state)—This Legacy Trust Fund state utility, established in 1934 by special act, provides Medical University Hospital Authority electric power and wholesale water to the counties of Old Exchange Building Commission Berkeley, Georgetown, and Horry through the Santee Cooper Hydroelectric and Navigation Project and the Santee Palmetto Seed Capital Corporation Cooper Regional Water System. The authority board con- Patriot’s Point Development Authority sists of 11 directors appointed by the Governor with the Regional tourism commissions (special acts) consent of the state senate; one from each congressional South Carolina Children’s Trust Fund district; one each from the counties of Horry, Berkeley, and Georgetown; and two at large. The authority may issue South Carolina Education Lottery revenue bonds and collect tolls and charges for use of its South Carolina Infrastructure Facilities Authority facilities and services. South Carolina Jobs-Economic Development Authority South Carolina State Housing Finance and South Carolina Public Charter School District Development Authority (state)—This authority was South Carolina Research Authority created by an act of the state legislature to coordinate the South Carolina Resources Authority development of low-income housing in the state and to South Carolina Rural Infrastructure Authority provide mortgage credit for low- and moderate-income housing. The authority governing board has nine members, South Carolina Transportation Infrastructure Bank including seven members appointed by the Governor, plus South Carolina Water Quality Revolving Fund Authority the Governor and the commissioner of health and envi- Technical College Enterprise Campus Authority ronmental control in an ex officio capacity. The authority Tobacco Settlement Revenue Management Authority may fix fees and charges, make mortgage loans, and issue revenue bonds. Western Carolina Higher Education Commission
State Ports Authority (state)—This authority was estab- County lished by special act. The board consists of nine members Ambulance service districts (special acts) appointed by the Governor with the consent of the state Bridge districts—1922 law senate. The state secretary of transportation and the sec- retary of commerce also serve on the board. The authority Catawba Health District may collect charges and fees, and issue revenue bonds. *Community recreation special tax districts
South Carolina First Steps to School Readiness Board County airport commissions and boards of Trustees (state)—Created by special act in 1999, this County alcohol and drug abuse authorities entity works to provide early education and health ser- County economic development boards, commissions, vices to young children. The corporation is governed by a and offices board appointed by the Governor or leaders of the general County first steps partnerships assembly. Specified state members including the state superintendent of education also serve on the board. The *County highway districts Governor serves as chair. Local agencies providing services County hospital boards of trustees at the county level and known as “county first steps part- County public library systems nerships” are classified as county dependent agencies. County transportation authorities Other examples include: Darlington County Historical Commission
State *Erosion districts Fire protection service districts under general law Charleston Naval Complex Redevelopment Authority Fort Lawn Fire District County health departments High Point Fire District County disabilities and special needs boards Horry County Solid Waste Authority Education Assistance Authority Joint agencies for solid waste disposal resource recovery Educational Facilities Authority for Private Nonprofit facilities (county) Institutions of Higher Learning Lake Wylie Marine Commission (joint county with Educational Television Commission North Carolina) Governor’s School for the Arts Foundation, Inc. Old Fort Fire District (endowment fund) Public service districts and metropolitan districts Health districts (ex officio) (special acts)
254 South Carolina Governments—Individual State Descriptions Recreation districts and commissions lacking autonomy Municipal public works commissions (except the Gaffney Residential improvement districts (county) Board of Public Works) *Special police districts for unincorporated communities Municipal sewerage commissions *Special taxing districts Park and recreation boards (municipalities with 36,000 to 55,000 population) Municipal Park, recreation, and facility acquisition corporations Chapin Memorial Library (municipalities over 50,000 population) City development boards Residential improvement districts (municipal) Clinton-Newberry Natural Gas Authority Joint City-County Hartsville Parking, Beautification, and Business Improvement District Lake Paul A. Wallace Authority Improvement districts created under general law Sumter Airport Commission Joint agencies for solid waste disposal resource recovery South Carolina laws also provide for various types of local facilities (municipal) areas for election purposes and administration of justice. Municipal airport commissions and boards Municipal health boards
Governments—Individual State Descriptions South Carolina 255 South Dakota
South Dakota ranks sixteenth among the states in number Other Educational Activities of local governments with 1,983 active as of June 30, 2012. Cooperative educational service units to encourage coop- COUNTY GOVERNMENTS (66) eration and sharing of resources between school districts are created by agreement between two or more school There are no areas in South Dakota lacking county govern- districts. Each participating school district appoints at least ment. The county governing body is known as the board one member to the governing board. These units receive of commissioners. Five counties are located entirely within state and local contributions but may not levy taxes or Indian reservations. issue bonds. They are classified as joint activities of the participating school districts and are not counted as sepa- SUBCOUNTY GENERAL PURPOSE rate governments. GOVERNMENTS (1,218) School districts may operate postsecondary technical The subcounty general purpose governments in South institutes, with the approval of the state legislature. These Dakota consist of municipal (city and town) governments institutes may be distinct legal entities separate from the and township governments. establishing school district or districts.
Municipal Governments (301) Two or more school districts may establish a multidistrict Municipal governments in South Dakota fall into three career and technical academy with state approval. A ref- classes according to population size: erendum is required if so petitioned by the voters. These entities, also known as multidistrict centers, are governed • First class—5,000 inhabitants or more by a center board consisting of members of the participat- • Second class—500 to 4,999 inhabitants ing school boards. These boards have the same powers • Third class—fewer than 500 inhabitants and duties as school boards but may not levy taxes or issue bonds. These entities are classified as joint educa- All municipalities exist outside the area of any township. tional service agencies of the participating school districts and are not counted as separate governments. Legislation enacted in 1972 provides that municipalities may adopt home-rule charters. SPECIAL DISTRICT GOVERNMENTS (547) Township Governments (907) South Dakota statutes authorize the creation of a variety of special districts or authorities that are counted as govern- Township governments exist in 52 of the 66 South Dakota ments. These are discussed in detail below. counties. In the 52 counties that have township govern- ments, these governments do not cover the entire county Ambulance Districts area; municipalities and unorganized territory exist outside the area of any township. The governing body of township These districts provide ambulance services in rural territo- governments is the board of supervisors. ries. Ambulance districts are created upon voter petition to the county board of commissioners or upon the initiative of PUBLIC SCHOOL SYSTEMS (152) the county board. District establishment requires a public hearing and voter approval. Municipalities in the area may School District Governments (152) be included in the district upon voter petition or upon the All school districts in South Dakota are counted as separate initiative of the municipal board. A popularly elected board governments. South Dakota school districts operate at least of directors governs each district. The districts may levy ad a 13-year school program. A locally elected school board valorem taxes, levy special assessments, and issue bonds. governs each district. School districts may levy excess taxes and may issue bonds. South Dakota school districts Conservation Districts may also operate vocational schools. These districts are created by the state conservation com- mission on petition of the voters, after public hearing, and Dependent Public School Systems (0) referendum. A popularly elected board of supervisors governs South Dakota has no dependent public school systems. each district. The districts may require contributions from benefited landowners and may accept county contributions.
256 South Dakota Governments—Individual State Descriptions Consumers Power Districts and referendum. A board of directors elected by resident landowners governs each district. The district may levy These districts provide electric energy. The districts may be special benefit assessments and issue bonds in amounts created upon petition of the voters to the secretary of state determined by the electors (landowners). The districts also followed by referendum. A popularly elected board of direc- may levy ad valorem taxes with elector approval. Elector tors governs each district. The district may issue revenue approval is required for certain contracts. bonds and fix charges for services or facilities. Joint Exercise of Powers Agencies County Road Districts Any two or more counties, municipalities, townships, Districts to pave and maintain roads in unincorporated school districts, consumers power districts, drainage areas are established upon resident landowner petition districts, state agencies, or Indian tribes may, by agree- to the county commissioners and after voter referendum. ment, jointly exercise any powers delegated by the state. Two or more road districts may also form a consolidated The agreement may create a joint board or a separate legal road district if approved by the voters of each district. entity with a board composed and selected as described An elected board of trustees governs each district. The in the agreement. The creating agreement specifies the districts may levy taxes and special assessments, and may particular functions and the manner of financing. issue bonds. Municipal Power Agencies Emergency Services Districts Two or more first- or second-class cities may form an The boards of directors of a rural fire protection district agency to generate and transmit electric power by agree- and an ambulance district may consolidate the districts, ment of the participating parties. A board of directors provided the boundaries of both districts are the same, whose membership is determined by the agreement gov- upon voter approval. Each consolidated district is governed erns the agency. The agency may set rates and charges, by a popularly elected board of emergency services. The and issue revenue bonds. board may levy the taxes permitted to both a rural fire pro- tection district and an ambulance district. The board may Predator Control Districts levy special assessments and issue bonds. These districts are established for the purpose of protect- Housing and Redevelopment Commissions ing livestock from predators. Sheep and cattle owners in one or more counties may petition the secretary of the A general law creates a housing and redevelopment com- state department of agriculture to designate the county or mission in each county and municipality that is activated counties as a predator control district. Each district is gov- by resolution of the municipal or county governing body erned by a board of directors elected by sheep and cattle and after public hearing. Members of the housing and owners within its boundaries. The districts may impose redevelopment commission are appointed by the mayor or per-head taxes on sheep and cattle. Tax levies above statu- the chairperson of the board of county commissioners with tory limits are permitted if approved by referendum. the approval of the respective governing body. Members of the municipal or county governing body may serve on Public Hospital Districts the board of the commission. The commission may issue revenue bonds and collect rents. These districts may be established by the county commis- sioners upon petition of voters and after local referendum. Improvement Districts Facilities may include a nursing facility or a home for the aged. A popularly elected board of trustees governs each These districts provide water and sewer systems, bridges district. A referendum may be held for a bond issue; if the and roads, parks, fire prevention, school buildings, con- bond issue is approved, the board is required to levy an ad vention facilities, waste disposal, parking facilities, or any valorem tax. In lieu of issuing bonds, the board may call a combination of these facilities. These districts are estab- referendum for an ad valorem tax levy for the purpose of lished upon petition of landowners, after public hearing, constructing facilities. In addition, the board may levy an and the issuance of an order by one or more boards of ad valorem tax for the purposes of operation and mainte- county commissioners. An elected board of supervisors nance of hospitals. governs each district. The districts may levy ad valorem taxes and special assessments, impose fees, and issue Regional Airport Authorities revenue bonds, and, with voter approval, issue general obligation bonds. Regional airport authorities may be created, after public hearing, by resolution of one or more municipal or county Irrigation Districts governing bodies whether in South Dakota or in an adjoin- ing state provided that at least one local government is in Irrigation districts are created upon landowner petition to South Dakota. A board of commissioners, appointed by the board of water and natural resources, and after hearing
Governments—Individual State Descriptions South Dakota 257 creating governments, governs each authority. The com- commissioners governs each district. The board of commis- missioners may issue revenue bonds, set taxes, and set sioners of each county in the district, in proportion to popu- fees and charges. lation, appropriates the funds required by the district budget.
Any regional airport authority may join with a local govern- Water Development Districts ment, state agency, federal agency, or any political subdivi- sion or agency of an adjoining state to form a joint agree- Water development districts promote conservation, ment that creates a joint board to exercise the powers of a development, and proper management of district water regional airport authority. resources. Districts may be established by act of the state legislature. Alternately, districts may be established upon Regional Railroad Authorities landowner petition to the state board of water and natural resources and after referendum. A popularly elected board Regional railroad authorities are established by agreement of directors governs each district. The districts may levy ad between two or more county or municipal governments, valorem taxes and special assessments. after public hearing, to provide railroad service. A board of commissioners appointed by member governments in accor- Water Project Districts dance with the establishing agreement governs each author- ity. The authority may certify the amount of ad valorem Districts for the construction of water projects for the taxes to be raised for its purposes and may issue bonds. conservation, storage, distribution, and utilization of water may be created, upon voter petition, by the state board of Regional Recycling and Waste Management water and natural resources after referendum. A popularly Districts elected board of directors governs each district. With voter approval, the districts may levy ad valorem taxes and may Regional recycling and waste management districts are issue general obligation and revenue bonds. In addition, established by resolution of any two or more counties, with landowner approval, the districts may levy special municipalities, or portions of counties after public hearing assessments and issue special assessment bonds. to provide facilities and services for the management of solid waste. The governing body consists of elected offi- Water User Districts cials from the participating governments. The district may establish rates and charges, and issue revenue bonds. Water user districts provide conservation, distribution, stor- age, and utilization of water; and for the collection, treat- Rural Fire Protection Districts ment, and disposal of wastewater. Upon petition of landown- ers, these districts may be created by the state department Rural fire protection districts may be established by the of environment and natural resources or by the state board board of county commissioners upon petition of the voters of water and natural resources. A board of directors gov- and after hearing and referendum. Municipalities in the erns each district; the board is elected by residents and by area may be included in the district upon voter petition persons and corporations that are parties to contracts with or upon the initiative of the municipal board. A popularly the district for the purchase of water. The districts may issue elected board of directors governs each district. The dis- revenue bonds and may fix rates and charges. trict may levy ad valorem taxes and may issue bonds. Watershed Districts Sanitary Districts Watershed districts may be established by the supervi- Districts for sewage disposal may be created by the county sors of a conservation district upon voter petition and commissioners on petition of voters and after public hear- after public hearing and local referendum. Instead of voter ing and referendum. A popularly elected board of trustees petition, the municipal officials may initiate creation by governs each district. The district may issue bonds, levy passage of a resolution. A referendum is not required if ad valorem taxes and special assessments, and fix rates the initiating petition is signed by 60 percent or more of and charges. Upon voter approval, sanitary districts may the landowners, the landowners are registered voters in exercise the powers of county road districts. the district, and they own at least 60 percent of the land. A With voter approval, a consolidated sanitary district may be popularly elected board of managers governs each district. formed by a municipality and a sanitary district, or by any After referendum, the districts may issue bonds and levy two or more such public corporations. ad valorem taxes. The districts also may impose special benefit assessments upon landowner approval. Television Translator Districts SUBORDINATE AGENCIES AND AREAS Districts for the electronic distribution of television sig- nals (but not cable television systems) may be created by Shown below are various governmental designations in ordinance by the county commissioners after hearing and South Dakota that have certain characteristics of gov- referendum. A board of trustees appointed by the county ernmental units but that are classified in Census Bureau
258 South Dakota Governments—Individual State Descriptions statistics as subordinate agencies of the state or local gov- County ernments and are not counted as separate governments. Area jail or juvenile detention facility compacts (two or Legal provisions for some of the larger of these are dis- more counties) cussed below (see “Public School Systems” above, regard- ing educational agencies of this nature). Boards of public library trustees County hospitals boards of trustees South Dakota Health and Educational Facilities Authority (state)—This authority was created to finance County toll bridge commissions construction of buildings for nonprofit health care and Drainage districts—1923 law higher education institutions. The authority govern- Drainage districts—1985 law ing body consists of seven members appointed by the Interstate drainage districts—1917 law Governor. The authority may fix rentals, fees, and other charges; make loans to participating institutions; and issue Municipal revenue bonds. Boards of public library trustees South Dakota Housing Development Authority Business improvement districts (state)—This authority was created to provide mortgage City airport boards (first- and second-class cities) credit for low- and moderate-income housing. A board of seven commissioners appointed by the Governor governs City toll bridge commissions the authority. The authority may fix charges in connection Convention hall benefit districts with its loans and issue revenue bonds. Municipal urban renewal agencies Other examples include: Park districts Parking districts State Rural service districts Black Hills Forest Fire Protection District Sewer districts Petroleum Environmental Compliance Authority Urban service districts Science and Technology Authority Joint City-County South Dakota Building Authority South Dakota Conservancy District Boards of public library trustees South Dakota Economic Development Finance Authority Private Associations South Dakota Ellsworth Development Authority Cooperative grazing districts and water users associations South Dakota Energy Infrastructure Authority are classified for Census Bureau purposes as private coop- South Dakota Municipal Facilities Authority eratives and are not counted as governments. South Dakota Railroad Authority South Dakota laws also provide for various types of local Value Added Finance Authority areas for election purposes and administration of justice.
Governments—Individual State Descriptions South Dakota 259 Tennessee
Tennessee ranks thirty-first among the states in number of School systems composed of multiple counties are autho- local governments with 916 active as of June 30, 2012. rized, but none exist as of June 30, 2012.
COUNTY GOVERNMENTS (92) Each of the county school systems is administered by an elected county board of education. The fiscal requirements The entire area of the state is encompassed by county of the county school systems are provided by the county government except for three county-city combined govern- legislative body. ments (see “Municipal Governments” below). For counties, the governing body is the county legislative body. County Provisions governing the city school systems are specified governments may adopt home rule charters. in the city charters. City school systems are governed by elected boards of education. The fiscal requirements of SUBCOUNTY GENERAL PURPOSE the city school systems are provided by the city governing GOVERNMENTS (345) body.
Municipal Governments (345) Other Educational Activities The municipal governments in Tennessee are created City and county boards of education and special school dis- by the state legislature and consist of cities and towns; tricts may create educational cooperatives for the provision these governments usually operate under special char- of joint services. These entities are governed as specified ter. The minimum population requirement for incorpora- in the creating agreement. Funding comes from member tion is 1,500. The Metropolitan Government of Nashville school systems, and federal and state grants. They are and Davidson County, the Metropolitan Government of classified as joint activities of the participating school dis- Lynchburg and Moore County, and the Hartsville-Trousdale tricts and are not counted as separate governments. County Government are each counted as municipal governments.1 SPECIAL DISTRICT GOVERNMENTS (465) Tennessee statutes authorize the creation of a variety of Township Governments (0) special districts or authorities that are counted as govern- Tennessee has no township governments. ments. These are discussed in detail below.
PUBLIC SCHOOL SYSTEMS (136) Airport Authorities—Metropolitan, Municipal, and Regional School District Governments (14) Three types of airport authorities are authorized under Only the “special” school districts in Tennessee are counted state statutes. Airport authorities may issue revenue bonds as governments. These districts were established by the and impose fees, rentals, and charges for use of facilities. general assembly prior to April 30, 1982, by separate acts, but with substantively uniform provisions for each dis- Metropolitan airport authorities—These authorities trict. The method of selection of the school board and the may be created by any city or metropolitan govern- maximum rate of taxation for each district are set by the ment having a population of 100,000 or more or by authorizing legislation. any county containing such a city, following a public hearing and upon resolution of the governing body Dependent Public School Systems (122) and approval by its executive. Additional municipalities may participate. Each authority is governed by a board Tennessee statutes authorize the following types of depen- of commissioners that is appointed by the executive dent public school systems: officer of the creating municipality and approved by Systems dependent on county governments: its governing body. Some metropolitan airport authori- ties may be authorized by the creating municipality • County school systems (91) to exercise the powers of an industrial development Systems dependent on municipal governments: corporation.
• Municipal school systems (31) Municipal airport authorities—These authorities may be created by any city or town by ordinance of the governing body or by any county upon resolution of
260 Tennessee Governments—Individual State Descriptions the governing body. The governing body consists of a Mayor of its respective city. The authorities may establish minimum of five commissioners appointed by the gov- and charge fees and may issue revenue bonds. erning body of the creating government. Governments eligible to form metropolitan airport authorities may Four Lake Regional Industrial Development not form municipal airport authorities. Authority
Regional airport authorities—These authorities This authority was created by special act to serve the coun- may be created, after public hearing, by two or more ties of Macon, Smith, Sumner, Wilson, and the municipal- municipalities by resolution of the governing body of ity of Hartsville-Trousdale. The authority is governed by a each or by one or more municipalities and one or more board of directors consisting of the county mayor of each counties by resolution of the governing body of each. county in the region or their designated appointee, one Authorities formed by two or more municipalities have member appointed by the speaker of the house of repre- a governing body consisting of one commissioner sentatives, and one member appointed by the speaker of appointed by each creating governing body, plus one the senate. The authority may issue revenue bonds. The commissioner appointed by the Governor if necessary authority also may issue general obligation bonds in con- to have an odd number of commissioners. Authorities junction with the state of Tennessee. formed by a combination of municipalities and counties Housing Authorities have a governing body consisting of two commission- ers appointed by each creating government, plus one Tennessee laws provide for four types of housing authori- additional commissioner appointed either by the exist- ties—county, municipal, consolidated, or regional. An ing commissioners or by the Governor. individual county or municipality may establish a housing authority upon petition of residents to the county legisla- Airports owned and operated by a single county or munici- tive body or city council, after public hearing. Similarly, pal government are classified as dependent activities of two or more municipalities may establish a consolidated those governments. housing authority and two or more contiguous counties East Tennessee Regional Agribusiness may establish a regional housing authority. The mayors Marketing Authority of municipalities or the county legislative bodies appoint the housing authority commissioners. The authorities This authority was created by special act in 1998 for the may issue bonds and establish and collect rentals for use purpose of establishing and operating a market to serve of authority facilities. Housing authorities in Tennessee farmers and citizens of the region and furthering the econ- may also carry out redevelopment projects. The Knoxville omy and growth of agriculture in the region. The authority Community Development Corporation and the Metro may also own and operate a wastewater treatment collec- Development and Housing Agency in Nashville operate tion system within the region served by the authority. The under the same law as the housing authorities. authority’s board of directors is composed of the mayors of the participating counties, plus the state commissioner Port Authorities of agriculture and the dean of the University of Tennessee One or more counties, cities, or towns or any combination agricultural extension service. The authority may issue of these may form a port authority under general law, upon revenue bonds. resolution and after public hearing. A board of commission- Energy Acquisition Corporations ers is appointed by the executive officer of each member government with the approval of the governing body. Port These corporations may acquire, manage, and finance authorities may establish and charge fees, rentals, and natural gas, electrical power, and other energy forms for other charges for the use of facilities or services and may municipal distributors. The authorities may be created issue revenue bonds. upon application of at least three voters to the governing body of a county or municipality and the passage of a reso- Railroad or Rail Service Authorities lution by the governing body. Each corporation is governed Under general law, rail authorities may be created by by a board of directors appointed by the creating local gov- resolution of a municipal or county governing body or any ernment. The corporations may set fees and charges and combination of municipalities and/or counties. A board may issue revenue bonds. The creating local government of directors composed of representatives of participating may issue revenue bonds on behalf of a corporation. governments governs each authority. Authorities may fix Energy Authorities (special acts) rents, rates, tolls, fees, and charges, and may issue rev- enue bonds. The Jackson Energy Authority and the Bolivar Energy Authority were created by special acts. Each authority is Some authorities of this type were created by special acts governed by a board of five directors appointed by the with similar provisions.
Governments—Individual State Descriptions Tennessee 261 Regional Transportation Authority of Middle Soil Conservation Districts Tennessee Soil conservation districts are created by the state soil This authority was created by a 1998 special act to plan conservation committee upon petition of landowners and provide mass transit services to specified coun- and after hearing and referendum. The governing body ties and the municipalities within those counties at each of each district consists of three elected supervisors and local government’s option. The authority is governed by two appointed by the state committee. The districts may a board composed of the chief executive of each partici- require contributions from benefited landowners and may pating county, the mayor of each participating town or accept federal and state contributions. city, the state commissioner of transportation, and six members appointed by the Governor. The authority may Solid Waste Authorities set local assessments to be paid by the participating local Solid waste authorities may be created by two or more governments. counties or municipalities. The board of directors may be the same board as that of the municipal solid waste region River Basin Development Authorities or may be appointed by the member counties and munici- These authorities, created by special acts, were established palities. Authorities may fix and collect fees for services to develop and maintain the river basin areas serviced by and may issue revenue bonds. each authority. Authorities may receive contributions from Solid waste authorities created by a single county or the participating governments and may issue revenue municipality are not counted as separate governments. See bonds. River basin development authorities that do not “Subordinate Agencies and Areas” below. exhibit the fiscal independence necessary to be classi- fied as a special district can be found under “Subordinate Utility Districts Agencies and Areas” below. Utility districts may be created to serve the territory of one Beech River Watershed Development Authority— or multiple counties by the county mayor or county mayors is governed by an eight-member board of directors of such counties following a petition of landowners and including five gubernatorial appointments, the county public hearing. Utility districts may provide water service, mayors of Decatur and Henderson Counties, and the sewer, garbage collection and disposal, street lighting, state commissioner of environment and conservation. parks and recreational facilities, gas supply, fire and police Carroll County Watershed Authority—is governed protection, transit, transmission of industrial chemicals or by a six-member board of directors appointed by the natural gas by pipeline, and community antenna television governor. facilities, or combinations thereof. Each district is governed by a board of commissioners that is appointed or elected Sequatchie Valley Planning and Development as specified in statutes or in special acts. Utility districts Agency—serves a region including Bledsoe, Marion, may fix rates, fees, and charges, and may issue revenue Rhea, Grundy, and Sequatchie Counties. The agency bonds. is governed by a board of directors composed of the county mayor (or county executive) of each member Watershed Districts county, one gubernatorial appointment from each Watershed districts are established by the state soil con- county, one member selected by the mayors of cit- servation committee upon petition of landowners and ies and towns within the region, and one member after local referendum. An elected or appointed board of appointed by the governor from the governor’s staff or directors governs each district. Watershed districts may cabinet. set special assessments and may issue revenue bonds. Ad Tellico Reservoir Development Agency—is gov- valorem tax levies may be made only by special act of the erned by a nine-member board of directors, includ- state’s general assembly. ing the three county mayors of Monroe, Loudon, and Blount Counties, and two appointees from each county Water and Wastewater Treatment Authorities appointed by the county mayor with advice and con- These authorities are established by resolution of the sent of the county commission. governing body of any city, metropolitan government, or Tennessee Duck River Development Agency—is county government after a public hearing. A five-member governed by a 12-member board of directors consist- board of commissioners is appointed by the executive of ing of representatives from each of the five counties the creating government with the approval of the govern- (Coffee, Bedford, Hickman, Marshall, and Maury), two ing body of the creating government. The executive officer county mayors, a member of the governor’s staff or of each participating government appoints one additional cabinet, two mayors, and two at large members, all member. The board may fix service charges and issue designated by the governor.
262 Tennessee Governments—Individual State Descriptions revenue bonds. Some of these authorities have been cre- and public sectors who are appointed by the Governor and ated by special act. leaders of the general assembly, plus the commissioner of economic and community development and two members Water and wastewater treatment authorities serving a of the Tennessee science and technology advisory council. single government are classified as dependent agencies The corporation may receive money from any source and of the governments they serve. See “Subordinate Agencies may borrow money. and Areas” below. Tennessee State School Bond Authority (state)—This SUBORDINATE AGENCIES AND AREAS authority was established to finance public school con- Shown below are various governmental designations in struction in the state. The governing body consists of des- Tennessee that have certain characteristics of governmen- ignated state officials, with the Governor serving as chair. tal units, but that are classified in Census Bureau statistics The authority may fix and collect charges and rentals, and as subordinate agencies of the state or local governments issue revenue bonds. and are not counted as separate governments. Legal provi- Other examples include: sions for some of the larger of these agencies are dis- 2,3 cussed below (see “Public School Systems” above regarding State educational agencies of this nature). Chickasaw Basin Authority Human resource agencies (municipal or joint county- Community service agencies city)—These agencies deliver local services to metropoli- Development districts tan or multi-county areas within the economic development Local neighborhood development corporations districts. The chief elected officials of the counties and/ or cities within each district may create an agency. Each Regional library boards agency is governed by a board composed of local officials, Tennessee Industrial Development Authority plus one state senator and one state representative. The Tennessee Industrial Finance Corporation participating local governments provide funding, which is Tennessee Local Development Authority matched by the state. Tennessee Student Assistance Corporation Industrial development corporations (county or West Tennessee River Basin Authority municipal)—General law authorizes the creation of public corporations to facilitate and finance industrial, com- County4 mercial, recreational, and pollution control facilities. The County airports corporations may be created upon application of three or more persons to the county or municipal governing body. County electric distribution agencies A board of directors appointed by the county or munici- County industrial development corporations and boards pal governing body governs each corporation. Industrial County libraries development corporations may charge rents and may issue Drainage and levee districts revenue bonds. In addition, the parent county or municipal government may, upon voter approval, issue general obli- Economic development commissions gation bonds on behalf of the corporation. Emergency communications districts Fire departments and districts Tennessee Housing Development Agency (state)— This agency was formed to provide mortgage credit for Health, educational, and housing facility corporations low- and moderate-income housing. The governing body Metropolitan hospital authorities is a board of 19 members consisting of 12 members Metropolitan libraries appointed by the governor and one member appointed Parking authorities by each of the speaker of the senate and the speaker of the house of representatives, plus the state treasurer, the Public building authorities comptroller of the treasury, the commissioner of finance Regional jail authorities and administration, the secretary of state, and a staff Regional megasite authorities assistant to the governor. The agency may fix charges in Solid waste authorities (single county) connection with its loans and issue revenue bonds. Sports authorities Tennessee Technology Development Corporation Tourism development zones (state)—Created under 1997 legislation, this corporation assists in developing a technology-based economy in the Transit authorities state. The corporation is governed by a 24-member board Water and wastewater authorities (single county) of directors with 21 members representing both the private
Governments—Individual State Descriptions Tennessee 263 Municipal5 Tourism development zones
Border region retail tourism development districts Transit authorities Central business improvement districts Urban service districts (Davidson, Moore, and Trousdale) Emergency communications districts Water and wastewater authorities (single municipality) Fire districts (metropolitan governments) Joint city-county
General service districts City-county airports Inner city redevelopment districts Memphis-Shelby County Harbor and Port Commission Health, educational, and housing facility corporations Memphis-Shelby County Convention Center Commission Metropolitan celebration authorities Public building authorities Metropolitan government port authorities Regional megasite authorities (Nashville-Davidson) Transit authorities (joint) Metropolitan hospital authorities Tennessee laws also provide for various types of local Municipal airports areas for election purposes and administration of justice. Municipal electric distribution agencies 1 Six cities located within the area of the Metropolitan Gov- Municipal industrial development corporations and boards ernment of Nashville and Davidson County continue to exist Municipal libraries as separate governments: Belle Meade, Berry Hill, Forest Hills, Goodlettsville, Lakewood, and Oak Hill. Each of these six cities is Parking authorities counted as a municipal government in Census Bureau statistics on governments. Public building authorities 2 The law authorizing the Tennessee Child Care Facilities Loan Regional megasite authorities Guarantee Corporation was repealed in 2009. 3 The law authorizing Tennessee Tomorrow, Inc. was repealed Solid waste authorities (single municipality) in 2009. 4 Special service districts (Hartsville-Trousdale) The law authorizing the Gibson County Water Projects Author- ity was repealed in 2009. Sports authorities 5 The Nashville Thermal Transfer Corporation was terminated in 2004.
264 Tennessee Governments—Individual State Descriptions Texas
Texas ranks second among the states in number of local industrial training school districts, and rehabilitation dis- governments with 5,147 active as of June 30, 2012. tricts for the handicapped was repealed. No new districts may be formed, however, existing districts are allowed to COUNTY GOVERNMENTS (254) continue under the former laws.
There are no areas in Texas lacking county government. The Independent school district junior college districts may county governing body is called the commissioners court. be established upon voter petition to an independent school district, state approval, and referendum. The school SUBCOUNTY GENERAL PURPOSE district may create a separate board. These colleges may GOVERNMENTS (1,214) levy maintenance and bond taxes and issue bonds. The Municipal Governments (1,214) voters must approve the power to levy ad valorem taxes. These districts are commonly known as community college Municipal governments in Texas are the cities, towns, and districts. A junior college district administered directly by villages. Three types of municipalities are authorized under an independent school district is not counted as a separate general law: government for Census Bureau purposes, but is classified as an activity of the school district. • Type A cities and towns—1875 law • Type B towns and villages—1858 law Union junior college districts may be established by two or • Type C cities, towns, and villages—1909 law more contiguous independent school districts or common school districts. A county junior college district may be Texas law sets population minimum and maximums and established by any county meeting requirements for popu- also territorial density requirements for incorporation for lation and taxable property valuation. A joint-county junior each of the three types of municipalities. The minimum college district may be established by two or more contigu- population required for incorporation is 600 for Type A ous counties meeting the same criteria. For all districts, municipalities and 201 for Type B or C municipalities. establishment requires voter petition, state approval, and Municipalities organized under special acts prior to 1881 referendum. Each district is governed by an elected board may continue to operate under those acts and may, by res- of trustees. Upon voter approval, the districts may levy ad olution, amend their charters in any regard not in conflict valorem taxes and issue bonds payable from ad valorem with state law. Municipalities of 5,000 or more in popula- taxes or fees. These districts are commonly known as com- tion may adopt home rule charters. munity college districts.
Township Governments (0) Dependent Public School Systems (2) Texas has no township governments. Charter schools in Texas run by public entities are classi- fied as dependent school systems. The following systems PUBLIC SCHOOL SYSTEMS (1,081) were active for the 2012 Census of Governments;
School District Governments (1,079) Systems dependent on municipal governments:
The following types of school districts in Texas are counted • Westlake Academy as separate governments for Census Bureau purposes: Systems dependent on the state government: • Common school districts • University of Houston Charter School • Independent school districts • Independent school district junior college districts Other charter schools in Texas are classified as private entities and are, therefore, out of scope for Census Bureau • Union, county, or joint county junior college districts statistics on governments. Independent school districts are governed by elected boards of trustees. The districts may levy local school Other Educational Activities taxes and issue bonds. Regional education service centers, which provide various In 1995, authorizing legislation for common school dis- educational and support services to school districts, are tricts, municipal school districts, rural high school districts, created according to guidelines set by the commissioner
Governments—Individual State Descriptions Texas 265 of education. A seven-member board appointed in a man- county with a population less than 400,000 followed by a ner determined by the commissioner governs each center. public hearing and approval at referendum. A board of five These centers are not counted as separate governments for directors appointed by the commissioners court governs Census Bureau purposes. the district. The district may levy a sales tax with voter approval and issue bonds. Higher education facilities authorities, which finance stu- dent loans and construction of higher education facilities, Drainage Districts are listed under “Subordinate Agencies and Areas” below. These districts may include all or part of any municipality. SPECIAL DISTRICT GOVERNMENTS (2,600) The districts are established by the county commissioners court upon petition of landowners and after a hearing. An Texas statutes authorize the creation of a variety of elected board of directors administers each district. With special districts or authorities that are counted as sepa- voter approval, the districts may levy taxes and issue bonds. rate governments for Census Bureau purposes. These are discussed in detail below. In addition, a number of drainage districts have been cre- ated by special acts. Advanced Transportation Districts Drainage districts that are governed by the county commis- These districts fund a variety of transportation projects. A sioners ex officio are not counted as separate governments general law allows municipalities with populations of 1.3 for Census Bureau purposes. See “Subordinate Agencies million or more to create an advanced transportation dis- and Areas” below. trict with voter approval. Other municipalities and the unin- corporated part of the county may join. A board of direc- Edwards Aquifer Authority tors governs each district. The districts may levy a sales This authority was created by special act under constitu- and use tax upon voter approval. For example, the city of tional provisions applicable to conservation and reclama- San Antonio created an advanced transportation district. tion districts. It is the regional agency charged with protec- Agricultural Development Districts tion and management of the aquifer in an eight-county area encompassing all of Bexar, Medina, and Uvalde Counties The functions of these districts may include agricultural and parts of Comal, Caldwell, Hays, Guadalupe, and development, conservation, parks and recreation, flood Atascosa Counties. The authority has the power to regu- control, irrigation, water and hydro-electric power, trans- late wells, set limits on total pumping from wells, reduce portation, and navigation of inland and coastal waters. A aquifer water use, and implement comprehensive regional district may include one or more counties; the geographic planning for water conservation and future water sup- area need not be contiguous. A district is created upon ply. The board, composed of 15 elected directors and two voter and landowner petition to the county commission- appointed directors, may assess user fees and may issue ers court, order of the court, and referendum after a public revenue bonds. hearing. Each district is governed by a popularly elected board of directors. The districts may issue bonds and Emergency Communications Districts impose charges for use of land or facilities. The districts These districts provide county-wide 911 services and are may impose assessments upon landowner petition and established upon voter approval. Each board of managers after a public hearing. represents the county commissioners court and the munici- Coordinated County Transportation palities, volunteer fire departments, and service supplier in Authorities the district. The districts may impose 911 service fees on telephone customers and issue bonds. These authorities may only be established in a county that is adjacent to a county with a population of more than one Emergency Services Districts million. Authorities may be created by the commissioners These districts provide fire protection services and, option- court of a county upon adoption of a resolution or order ally, ambulance and other emergency services. The districts initiating the process, or upon petition of voters. A public are established by the county commissioners court upon hearing and election are held. Each authority is governed petition of landowners to the county judge and after hear- by a board of directors. An authority may impose fares, ing and referendum. A board of commissioners appointed tolls, charges, and rents and may issue bonds. An authority by the county commissioners court governs each single- may, upon voter approval, levy a tax. county district. An elected board of commissioners governs County Development Districts a county with a population of more than 1 million and also each multicounty district. The districts may levy ad These districts build facilities to attract tourists. The dis- valorem taxes and sales and use taxes subject to referen- tricts may be created upon petition of land owners in any dum. Upon voter approval, districts may issue bonds and
266 Texas Governments—Individual State Descriptions impose a property tax to fund the bonds. Districts may may be known as subsidence districts, watershed authori- charge fees for services. ties, and various other names.
Fire Control and Prevention and Emergency Health Service Districts Medical Services Districts These districts are joint powers agreements of a county or These districts may serve all or part of a municipality hospital district and one or more other counties or hospital with a population of at least 25,000 and not more than districts. The creating governments must issue concurrent 550,000, or a municipality with a population of more than orders and execute a contract. Each district is governed by 1.9 million. Voter approval is required for the creation of a board of directors that is appointed by the participating a district. Each district is governed by a board of directors governments based on population. The districts may issue appointed by the governing body of the municipality or revenue bonds and receive revenue from contracts. by the mayor for municipalities with a population of more than 1.9 million. Each district may levy a sales and use tax Hospital Districts and Authorities with voter approval. Texas statutes authorize the following types of districts, to Districts governed by the municipality ex officio are not operate and maintain hospitals, that are counted as sepa- counted as separate governments for Census Bureau pur- rate governments for Census Bureau purposes: poses. See “Subordinate Agencies and Areas” below. • Hospital authorities—1957 law Freight Rail Districts • Hospital authorities—1963 law • Hospital districts—1957 general law These districts provide freight rail and related facilities. The districts may be authorized by the creating governments to • Hospital districts—1989 general law provide intermunicipal commuter rail. These districts may Under a 1957 law, hospital authorities are established be created by a county with a population of 3.3 million or by ordinance of one or more cities. A board of directors more and its most populous municipality by concurrent appointed by the city governing body governs each author- order or ordinance. Adjacent counties may participate in ity. The authorities may fix charges and issue revenue the creation of a district. Each district is governed by a bonds. Voters may petition for a referendum on bond issues. board of directors for which the composition and manner of appointment is specified by the creating order or ordi- Under a 1963 law, hospital authorities are established by nance. The state transportation commission may appoint resolution of the county commissioners. Each authority is a representative. The districts may impose fees and make governed by a board of directors for which the composi- contracts for services. tion and manner of appointment may be specified in the authorizing resolution. If the board is not described in Fresh Water Supply Districts the resolution, the members are appointed by the com- missioners court. The authority may fix rates and charges These districts may be created upon voter petition to for services and facilities and, upon voter approval of the the county commissioners court, public hearing, and resolution, may issue revenue bonds. referendum. The districts are governed by a popularly elected board of supervisors. The districts may set rates Under a 1957 general law, hospital districts may be created and charges. With voter approval, the districts may issue in counties with fewer than 75,000 in population and that revenue bonds and levy an operation and maintenance tax. meet assessed valuation requirements. The county com- The districts are required to levy property taxes to pay for missioners court may create a district after a hearing and bond issues. upon voter approval. A popularly elected board of trustees governs each district. The districts may set and collect In addition, a number of fresh water supply districts have charges. The districts may, upon voter approval, levy ad been created by special acts. valorem taxes or sales and use taxes. Upon voter approval, Groundwater Conservation Districts the districts may issue bonds. These districts may be created by referendum upon land- Under a 1989 general law, hospital districts may be created owner petition, public hearing, and approval of the state upon voter petition to the county judge and after public water development board. Each district is governed by an hearing and referendum. A popularly elected board of elected board of directors. With voter approval, the districts directors governs each district. The districts may fix ser- may levy maintenance taxes and issue bonds. The districts vice charges and issue revenue bonds. With voter approval, may set fees for the sale of water. the districts may issue general obligation bonds and levy property taxes and sales and use taxes. In addition, a number of groundwater conservation dis- tricts have been created by special acts. These districts
Governments—Individual State Descriptions Texas 267 In addition, numerous hospital districts have been created Irrigation Districts by special legislation after voter approval. A board of direc- These districts may be created upon landowner peti- tors, trustees, or managers governs each such district and tion and after a public hearing. Creation of a district is is usually elected, but is in some cases appointed. These approved by the county commissioners court if the dis- districts may fix service charges and, with voter approval, trict covers a single county or the state natural resources may levy ad valorem taxes and issue bonds. conservation commission if the district covers more than Hospital districts created under other laws are not counted one county. A referendum of landowners is required. Each as separate governments for Census Bureau purposes. district is governed by a board of directors that may be Health facilities development corporations created by a appointed or elected. Districts may set water charges and hospital district are not counted as separate governments impose assessments. Upon voter approval, they may issue for Census Bureau purposes. (See “Subordinate Agencies bonds. Districts may levy taxes on an ad valorem or benefit and Areas” below.) basis.
Housing Authorities In addition, a number of irrigation districts have been cre- ated by special acts. Texas laws authorize three types of housing authorities— county, municipal, and regional. Upon voter petition, the Levee Improvement Districts governing body of a city may issue a resolution of need These districts are established by the county commission- and establish a city housing authority. The commissioners ers court upon petition of landowners and after a hearing. court of a county may, upon resolution of need, establish A board of directors appointed by the county commission- a county housing authority on its own motion or upon ers or elected at the option of voters governs each dis- petition of voters. Similarly, the commissioners courts of trict. The districts may issue bonds after referendum. The two or more contiguous counties may establish a regional districts may arrange for contributions from landowners. housing authority upon resolution of need and after a Districts may levy taxes on an ad valorem basis and may public hearing; the newly formed regional district replaces levy taxes on a benefit basis. any existing county districts. The mayor appoints the city housing authority commissioners and the county commis- In addition, a number of levee districts have been created sioners appoint the county or regional housing authority by special acts. commissioners. Housing authorities may fix rents and charges and issue bonds. Library Districts These districts are established by the county commission- Housing Finance Corporations ers court upon voter petition, subject to a referendum. These corporations are created by two or more govern- Each district is governed by a popularly elected board of ments to provide mortgage credit for housing. The corpora- trustees. A district may fix fees and charges for services tions are established upon application for incorporation to and, upon voter approval during the creating referendum, the county or city governing body by three or more persons may levy a sales and use tax. acting in their capacity as an official or employee of a local government. The local government passes a resolution Local Mental Health and Mental Retardation approving formation. A board of directors governs each Authorities corporation; the members are appointed by the county or These authorities may be established pursuant to health and city governing body. A corporation may fix charges in con- safety general law under the Interlocal Cooperation Act by nection with its loans and issue revenue bonds. two or more local governments. The authorities assemble Housing finance corporations that serve one city or county networks of service providers. A board of trustees appointed government are not counted as separate governments for by the participating governments represented governs each Census Bureau purposes. See “Subordinate Agencies and authority. The authorities may fix fees and charges. Areas” below. Metropolitan Rapid Transit Authorities Intermunicipal Commuter Rail Districts Municipalities with a population of more than 60,000 and These districts may be created by joint resolutions of two located in a metropolitan area with a principal municipality municipalities, with populations exceeding 450,000 each of more than 1.9 million residents may create a metropoli- and within 100 miles of each other, and the governing tan rapid transit authority. Creation of an authority is initi- body of the applicable counties. Each district is governed ated by resolution of the governing body of a municipality by a board of directors appointed by state, regional, and on its own accord or upon voter petition; creation requires local public agencies. The districts may set fees, levy sales a public hearing and a referendum. The governing body is and use taxes, and issue revenue bonds. appointed by member governments; the size of the board varies with population. With voter approval, the districts
268 Texas Governments—Individual State Descriptions may levy any kind of tax except an ad valorem property XVI, Section 59 of the Texas Constitution may convert to a tax. Districts may also impose rates, fares, tolls, rents, municipal utility district that operates under this chapter. or other charges. Districts may issue revenue bonds. The In addition, a number of municipal utility districts have population requirements were smaller under earlier ver- been created by special acts. sions of this law. Navigation Districts Multi-Jurisdictional Library Districts These districts may include all or parts of one or two coun- These districts are created by resolution of a lead county ties. Creation requires landowner petition to the county or municipality and resolutions of participating counties commissioners court, a public hearing, and referendum. and municipalities. Each district is governed by a board of Each district is governed by a board appointed by the com- trustees. The lead government appoints four trustees and missioners court. For districts created pursuant to Article the governing body of the most populous county appoints III, Section 52 of the state constitution, the referendum three trustees. If the most populous county is also the lead must approve a bond issue to be secured by revenue or ad government, then the governing body of its most populous valorem taxes. For districts created pursuant to Article XVI, municipality appoints three trustees. With voter approval, Section 59 of the state constitution, with voter approval, the districts may set sales taxes and ad valorem taxes. the districts may issue bonds and levy taxes to pay the The districts also may set fees. The districts may issue bonds. All districts may set fees and charges and may levy bonds with the lead government’s consent; a referendum is maintenance taxes. required if the bonds will be paid for with tax funding. In addition, the Aransas County Navigation District, Port Municipal Power Agencies Freeport, Calhoun Port Authority, Cypress Valley Navigation These agencies are established to provide for the genera- District, Victoria County Navigation District, and Matagorda tion, transmission, and distribution of electric power. They County Navigation District 1 were created by special acts. are created by the enactment of concurrent ordinances by two or more public entities including cities, towns, and Noxious Weed Control Districts conservation and reclamation districts, after a referendum. These districts may be created by the county commission- A board of directors, appointed by the governing bodies of ers court upon petition of landowners and after a public the creating governments, governs each agency. The com- hearing and landowner referendum. An elected board of position of the board is determined by the creating concur- directors administers each district. The districts may levy rent ordinance. The agencies may issue revenue bonds and acreage taxes. enter into contracts for the sale or exchange of energy. Agencies may establish and maintain rates and charges. Palacios Seawall Commission This commission was authorized by a 1983 special act Municipal Utility Districts and established by resolutions of Matagorda County and These districts may include all or part of one or more Palacios city. In addition to maintaining seawalls, the com- counties; the geographical area need not be contiguous. mission may construct and maintain recreational facilities Cities must consent to be part of a district. These districts adjacent to the seawalls. The commission is appointed by provide storm and flood water control, reclamation, irriga- the participating county and city. The commission may levy tion, drainage, conservation, inland and coastal navigation, ad valorem taxes and issue bonds. and water supply protection. Districts may own and oper- ate solid waste collection and disposal systems, engage in Public Health Districts road projects, and may provide street lighting or security These districts are created by cooperative agreements, lighting. All districts may be created upon landowner peti- pursuant to health and safety general law, between two or tion to the county commissioners court, a public hearing, more local governments. The composition of the district and approval of the state natural resources conservation governing body is specified in the agreement creating commission. The districts are governed by a board of direc- the district. The amount to be paid to the district from tors. The districts may set fees and charges. With voter each participating government is also specified in the approval, the districts may levy an operation and mainte- agreement. nance tax. With voter approval, the districts may issue rev- enue bonds. The districts are required to levy ad valorem Regional Districts taxes to fund the bonds. These districts provide water supply and sewer and Any water improvement district, water control and wastewater treatment. The districts may be created upon improvement district, fresh water supply district, levee approval of petition by the state water development board. improvement district, irrigation district, or any other A petition may be jointly filed by the boards of at least 20 conservation and reclamation district created under Article percent of the municipal districts in the proposed area.
Governments—Individual State Descriptions Texas 269 Alternately, the owner or owners of 2,000 or more contigu- by the state natural resources conservation commission; ous acres may file a petition. The commissioners courts of elected by the voters; or appointed by member govern- one or more counties also may petition. Lastly, the gov- ments. All river authorities may impose rates and charges; erning body of any city may file a petition. Each district is some may issue bonds. governed by an elected board of directors. The districts may set rates for water. With voter approval, the districts Riverbend Water Resources District may issue bonds. This district was created by special act. It serves the cities of Annona, Avery, DeKalb, Hooks, Maud, New Regional Mobility Authorities Boston, Texarkana, and Wake Village. It also serves the These authorities may provide turnpikes, rail, ferries, TexAmericas Center. Other counties, municipalities, and airports, and related structures. The authorities may be political subdivisions may join this district. The district created by the state upon the request of the commission- is governed by a board of directors. Two members are ers courts of one or more counties. A municipality with a appointed by the governing body of the city of Texarkana population of 105,000 or more and bordering the United and one member is appointed by the TexAmericas Center. Mexican States (Mexico) also may request the creation of The remaining participating governments appoint one rep- an authority. A municipality with a population of 5,000 resentative each. The district may issue revenue bonds and or fewer and possessing a ferry system may request the set rates, charges, fees, and rentals. creation of an authority. Each authority is governed by a board of directors appointed by the governing bodies of Rural Rail Transportation Districts the participating governments. The authorities may issue These districts finance and operate rural rail facilities. The revenue bonds and set fares, fees, rents, and tolls. districts may be created in any county where a failed rail line is located that carried 3 million gross tons per mile per Regional Tollway Authorities year or less. These districts are established by order of the These authorities may be created by two or more contigu- commissioners courts of a single county or of two or more ous counties provided that one county has a population contiguous counties. A board of directors appointed by the of more than 300,000. Unless one of the counties has a commissioners courts of the counties served governs each population of 2 million or more, the state must approve district. The districts may fix rents and issue revenue bonds. the creation. Creation requires voter petition. Each author- ity is governed by a board of directors that is appointed by Rural and Urban Transportation Districts the commissioners courts of the participating counties. In These districts provide passenger transportation in rural addition, the Governor appoints one director. The authorities areas or in urban areas with a population of more than may issue revenue bonds and set and collect tolls and rents. 50,000, but fewer than 200,000. The districts may be created upon a finding of need by member counties and Regional Transportation Authorities municipalities followed by a public hearing. They are gov- These authorities serve metropolitan areas. The creation erned by a board appointed by the county and municipal of an authority is initiated by voter petition or by motion governing bodies from their membership. The districts of a county or city governing body; a public hearing and contract with the state for funding. referendum are required. Each authority is governed by an executive committee appointed by subregional boards. The Ship Channel Security District subregional boards are appointed by the governing bod- This district may be created by the commissioners court of a ies of participating governments. Authorities may charge county that has a population of 3.3 million or more and that rates, fares, and fees. With voter approval, the authorities possesses a ship channel (Harris County). The county may may issue revenue bonds and levy sales and use taxes. create the district upon petition of the owners of facilities in the proposed district and after public hearing. The district is River Authorities (special acts) governed by a board of directors with members appointed River authorities are established by special acts of the by the county, one member representing the municipalities legislature under the same constitutional provisions as in the district, and also the executive director of the port conservation and reclamation districts. They may perform authority in the district serving ex officio. The district may a variety of functions, including irrigation, flood control, impose assessments on the facilities in the district. water storage for both domestic use and irrigation, genera- tion of electric power, sewerage and water disposal, and Soil and Water Conservation Districts soil conservation as specified in the authorizing legislation These districts are created by the state soil and water for each authority. River authorities may encompass one or conservation board upon petition of eligible voters (per- more counties. The board of directors may be appointed or sons who are landowners and residents and also family designated in whole or in part by the Governor; appointed farm corporations) and after a hearing and referendum.
270 Texas Governments—Individual State Descriptions An elected board of directors governs each district. The may provide water supply, sewerage systems, irrigation, districts may issue debt and require contributions. flood control, drainage, electric light and power, and navi- gation. The districts may be created upon voter petition to Special Utility Districts—1983 Law the county commissioners court for a single-county district These districts provide water and sewer systems, irriga- or to the state natural resources conservation commission tion, fire protection, and solid waste collection. Districts for multicounty districts, followed by referendum. The may include any part or all of one or more counties includ- districts are governed by boards of directors. The districts ing all or part of any cities and other public agencies. may set fees and assessments. With voter approval, the The districts are created upon petition of a water supply districts may levy an operation and maintenance tax. With corporation to the state natural resource conservation com- voter approval, the districts may issue revenue bonds and mission for conversion to a public district. Public hearing levy benefit basis taxes to pay the bonds. and referendum are required. A popularly elected board of In addition, a number of water control and improvement directors governs each district. The districts may fix fees districts have been created by special acts. and charges and issue bonds. Water Improvement Districts In addition, a number of special utility districts have been created by special acts. These districts may be created by order of the commissioner court of a county upon landowner petition and after a public Sports and Community Venue Districts hearing and referendum. Each district is governed by an These districts may be created by any county, municipality, elected board of directors. The districts may set fees and or combination of these with voter approval. Each district charges and may levy an operation and maintenance assess- is governed by a board of directors appointed by the mem- ment. With voter approval, the districts may issue bonds. ber governments. The districts may issue bonds and, with In addition, a number of water improvement districts have voter approval, may levy taxes. been created by special acts.
Sports Facility Districts SUBORDINATE AGENCIES AND AREAS
These districts may be created by order of the county com- Shown below are various governmental designations in missioners court. An appointed board of five commission- Texas that have certain characteristics of governmental ers governs each district: two are appointed by the county units but that are classified for Census Bureau statistics as commissioners court, two by the governing body of the subordinate agencies of the state or local governments and most populous city in the county, and one by the school are not counted as separate governments. Legal provisions board of the largest school district in the county. The for some of the larger of these are discussed below (see districts may fix fees, charges, and rentals, and may issue “Public School Systems” above regarding educational agen- revenue bonds. cies of this nature).
Underground Water Conservation Districts Among the subordinate agencies and areas listed below, some represent “special taxing areas” within the territory of The general law authorizing these districts has been an established government. This method of financing addi- repealed; however, those in existence at the time may con- tional services in limited areas by property taxation, while tinue. In addition, a number of underground water conser- also used by some municipal and township governments vation districts have been created by special acts. in a few states, is more widely utilized by county govern- Upper Sabine Valley Solid Waste Management ments. In the listing below of authorized county-related District agencies, an asterisk (*) appears for each entity of this kind—i.e., any that may individually serve a portion rather This district was created by special act. The district serves than all of a county and for which a tax may be levied the counties of Rains, Upshur, and Wood and the portion against the assessed value of property in the area served. of Smith County that is north of Interstate Highway 20. The district is governed by a board of directors appointed Health facilities development corporations (county, by the commissioners courts of the member counties. The municipal, or hospital district)—These corporations district may impose ad valorem taxes. With voter approval, finance health care facilities. They are established by the district may issue bonds. resolution of the governing body of a county, municipality, or hospital district. A board of directors appointed by the Water Control and Improvement Districts creating government governs the corporation. The corpo- ration receives revenue from the rental or sale of health These districts may include all or part of one or more coun- facilities and may issue revenue bonds on behalf of the ties and may include any political subdivision of the state; sponsoring government. the geographical area need not be contiguous. The districts
Governments—Individual State Descriptions Texas 271 Higher Education Facility Authority for Private Texas Public Finance Authority (state)—This authority Schools (municipal or town)—These authorities finance was created by act of the legislature to finance state build- higher education for private schools. The authorities are ings. A board appointed by the Governor with the consent created upon ordinance by the governing bodies of one of the senate governs the authority. The authority may fix or more municipalities or towns. A board of directors rentals and may issue revenue bonds. appointed by the governing bodies of the participating Texas Water Resources Finance Authority (state)— municipalities governs each authority. Authorities may This authority was established by act of the legislature to issue revenue bonds, however, voters may petition for finance water resources conservation and development by referendum. purchasing water-related bonds issued by Texas political Higher education facility authorities for public subdivisions. Six members of the state water development schools (city or town)—These authorities finance higher board govern the authority in an ex officio capacity. The education facilities for public schools. They are established authority may receive interest from bonds acquired and by ordinance of the governing bodies of one or more cities may issue revenue bonds. or towns. Authorities are governed by a board of direc- Urban renewal agencies (municipal)—These agen- tors that is appointed by the governing bodies of member cies may be established by the city council on its own municipalities. Authorities may issue revenue bonds, how- motion or upon petition of voters after local referendum. A ever, voters may petition for referendum. Authorities may board of commissioners appointed by the mayor with the charge rates or set leases for the use of facilities. approval of the city council governs each agency. An urban Higher education loan authorities (city or town)— renewal agency may issue revenue bonds. The sponsor- These authorities are established by ordinance of one or ing city may issue general obligation bonds and may levy more cities or towns. A board of directors appointed by the taxes for urban renewal with the approval of the voters. governing bodies of the participating municipalities gov- Other examples include: erns each authority. Authorities may issue revenue bonds. State Hospital districts in counties of more than 190,000 in population (county)—These districts may be estab- Agricultural Finance Authority lished by the county commissioners court on its own Texas Economic Development Corporation motion or upon the petition of property owners. Voter Texas Military Facility Commission approval is required. A board of hospital managers appointed by the county commissioners court governs Texas State Railroad Authority each district. For some districts, the governing body of the Veterans Land Board largest municipality may also appoint board members. With voter approval, the county commissioners court may issue County bonds on behalf of the district. The county may levy taxes Boards of park commissioners to fund bond issues and certificates of obligation. Conservation and reclamation districts governed by county Industrial development corporations (state, county, commissioners (special acts) municipal, or special district)—These corporations are County assistance districts authorized to provide facilities for industries. They are County building authorities established upon application of three or more persons to County hospital boards of managers the governing body of a county, city, or conservation and reclamation district, after resolution of the establishing County mass transit authorities government. A board of directors appointed by the estab- County public improvement districts (special acts) lishing government governs each corporation. A corpora- Crime control and prevention districts (county) tion may fix rentals, receive the proceeds of sales taxes (in Drainage districts governed by county commissioners certain cities), and may issue revenue bonds, subject to the approval of the establishing government. Galveston County Road District 1 Harris County Flood Control District Texas Guaranteed Student Loan Corporation (state)— This corporation was created by act of the legislature to Harris County Toll Road Authority finance loans to students. The corporation board consists Hood County Hospital District of ten directors appointed by the governor with consent of Hospital districts governed by county commissioners (1957 the state senate plus the state senate comptroller of public optional law) accounts ex officio. The corporation may fix charges in Housing finance corporations (county) connection with its loans.
272 Texas Governments—Individual State Descriptions Joint boards of park commissioners Municipal development districts Joint city-county hospital boards controlled by county Municipal management districts Lubbock County Hospital District Municipal parking authorities *Mosquito control districts Municipal public improvement districts (special acts) Nonprofit airport facility financing corporations (county) Nonprofit airport facility financing corporations (municipal) Park and recreation districts (counties with river frontage Park boards of trustees on both the Comal and Guadalupe Rivers) Port improvements and facilities boards of trustees *Road districts Road utility districts (municipal) Road utility districts Joint City-County Tyler County Hospital District City-county health units Wind erosion conservation districts Joint airport boards Zoological operation and maintenance boards Joint municipal-county hospital boards of managers Municipal Joint municipal-county museum boards of managers *Arts and entertainment districts Recreational and cultural facilities boards Crime control and prevention districts (municipal) Other Dallas-Fort Worth Regional Airport Board Pollution control districts created within the Gulf Coast Defense base development authorities Waste Disposal Authority are administered by the author- Fire control and prevention and emergency medical ser- ity and are classified as dependent activities thereof. The vices districts (ex officio) Gulf Coast Waste Disposal Authority, in turn, is organized *Homestead preservation districts and reinvestment zones as a conservation and reclamation district under Texas law Housing finance corporations (single municipality) and is counted as a special district government for Census Joint city-county hospital boards controlled by municipality Bureau purposes. La Porte Area Water Authority Texas laws also provide for various types of local areas for Laredo (City) Port of Entry Authority election purposes and administration of justice. Municipal civic center authorities
Governments—Individual State Descriptions Texas 273 Utah
Utah ranks forty-first among the states in number of local school districts” serve a county area. Some county areas governments with 622 active as of June 30, 2012. have more than one school district. The Park City School District is an exception and serves an area larger than the COUNTY GOVERNMENTS (29) incorporated area of Park City.
All of Utah is divided into county governments. The gov- An elected board of education governs each school district. erning board is either the board of county commissioners School districts may levy ad valorem taxes and, subject to or the county council. Counties operating under general a referendum, issue bonds. law are divided into the following classes based on their population: Dependent Public School Systems (0) • First class—700,000 or more inhabitants Utah has no dependent public school systems. • Second class—125,000 to 699,999 inhabitants Other Educational Activities • Third class—31,000 to 124,999 inhabitants Four regional service centers are authorized by adminis- • Fourth class—11,000 to 30,999 inhabitants trative rules to service small and rural districts, and serve • Fifth class—4,000 to 10,999 inhabitants school districts in cooperative projects such as purchasing, • Sixth class—fewer than 4,000 inhabitants media services, in-service, and special education. They are classified as dependent activities of member school SUBCOUNTY GENERAL PURPOSE districts and are not counted as governments. GOVERNMENTS (245) SPECIAL DISTRICT GOVERNMENTS (307) Municipal Governments (245) Utah statutes authorize the creation of a variety of special Municipal governments in Utah are the cities and towns. districts or authorities that are counted as governments. The following classes, based on population size, apply to These are discussed in detail below. municipalities:
• First class—100,000 inhabitants or more Basic Local Districts • Second class—65,000 to 99,999 inhabitants Basic local districts may provide airports, health care, librar- • Third class—30,000 to 64,999 inhabitants ies, parks, street lighting, roads, law enforcement, utilities, and other functions. The districts may include municipali- • Fourth class—10,000 to 29,999 inhabitants ties and unincorporated areas of counties. The districts • Fifth class—800 to 9,999 inhabitants are created upon landowner or voter petition or upon the • Town—fewer than 800 inhabitants initiation of a county or existing basic local district or spe- cial district. A public hearing is required. Each county and The minimum population requirement for incorporation is municipality included in the district must pass a resolution. 100. The state constitution permits municipalities to adopt A referendum may be required. Each district is governed by home-rule charters. a board of trustees that is appointed or elected as specified in the petition or resolution. If elected, the election may be Township Governments (0) limited to property owners if certain requirements are met. Utah has no township governments. The districts may impose fees; levy ad valorem taxes and special assessments; and issue revenue bonds, and with PUBLIC SCHOOL SYSTEMS (41) voter approval, general obligation bonds.
School District Governments (41) Basic local districts also may deliver the same services as the specialized local districts: cemetery, drainage, fire, All school districts in Utah are independent districts and all improvement, irrigation, metro water, mosquito, transit, offer both elementary and high school education. In gen- service area, and water conservancy. Subject to somewhat eral, school districts using the former designation of “city different provisions, specialized local districts offering school districts” serve the corporate area of municipali- these functions may be created under other general laws ties and districts using the former designation of “county (see districts mentioned below).
274 Utah Governments—Individual State Descriptions Cemetery Maintenance Districts governs each authority. The authority may fix rents and charges, receive federal grants, and issue revenue bonds. Cemetery maintenance districts are established in the same manner as a basic local district; however, districts may Similar provisions apply to Indian housing authorities not be created in a city of the first or second class. The formed under state statutes. districts are governed by a board of trustees. If the district is wholly within the boundaries of a municipality, then the Improvement Districts governing body of the municipality appoints the trustees. Improvement districts may provide utilities including sew- Otherwise, the governing body of the county appoints the age treatment, storm and floodwater control, water sup- trustees. The districts may impose fees; levy ad valorem ply, electric power, or natural or manufactured gas supply. taxes and special assessments; and issue revenue bonds, These districts are established in the same manner as a and with voter approval, general obligation bonds. basic local district. Each district is governed by a board of trustees that may be elected, appointed, or a combination Conservation Districts depending on the area served and the services provided. Conservation districts are created by the state conservation The districts may impose fees; levy ad valorem taxes and commission, upon petition of landowners and after public special assessments; and issue revenue bonds and, with hearing. Each district is governed by a board of supervisors voter approval, general obligation bonds. elected by voters and owners of private agricultural land Improvement districts administered by the county leg- in the district. The districts may borrow money and may islative body or municipal legislative body ex officio are accept funds from federal, state, local government, and not counted as separate governments. See “Subordinate private sources. Agencies and Areas” below. Drainage Districts Irrigation Districts Drainage districts were created upon landowner petition Irrigation districts may own and operate water facilities by the county commissioners or by the governing body related to irrigation purposes and electric facilities for of a municipality if the proposed district was within the the generation of hydroelectric power. These districts are municipality. Originally, the governing board of trustees established in the same manner as a basic local district. was appointed by the establishing government. Present law Each district is governed by a board of trustees that is requires that each district is governed by a board of trust- elected by property owners. The districts may impose fees; ees appointed by the governing body(ies) of the county(ies) levy special assessments; and issue revenue bonds and, in which the district is located. The districts may impose with voter approval, general obligation bonds. fees, levy benefit taxes, and issue bonds upon voter approval. No new districts may be formed under this law. Joint Exercise of Powers Agencies Fire Protection Districts Under the Interlocal Cooperation Act, powers may be exercised jointly by cities, towns, counties, school districts, Fire protection districts were established by the county local districts, special service districts, other political subdi- board of commissioners upon petition of landowners visions of the state, and the state. Such an agreement may and after hearing. A referendum on the establishment of include other states, the federal government, or the Indian these districts was optional. The board of trustees may be tribes. The agreement may create a separate agency, which elected or appointed. The districts may impose fees, levy may be counted for Census Bureau purposes as a separate ad valorem taxes, and, subject to voter approval, may issue government. The authorizing agreement designates the bonds. No new districts may be formed under this law. organization and composition of the agency’s governing Fire protection districts that consist of the entire area of board. Interlocal agencies may issue bonds. the county excluding any first- and second-class cities are administered by the county legislative body. These districts Metropolitan Water Districts are not counted as separate governments. See “Subordinate Metropolitan water districts provide for the distribution of Agencies and Areas” below. water for municipal, domestic, mining, irrigation, and other beneficial purposes. These districts are established in the Housing Authorities same manner as a basic local district. Each district is gov- A municipal or county governing body may establish a hous- erned by a board of trustees that may be elected or may be ing authority by resolution, upon its own motion or on peti- appointed by the participating municipalities. The districts tion of voters. A board of commissioners appointed by the may impose fees; levy ad valorem taxes and special assess- mayor with the consent of the municipal governing body (in ments; issue revenue bonds; and, with voter approval, the case of municipal housing authorities) or by the county issue general obligation bonds. governing body (in the case of county housing authorities)
Governments—Individual State Descriptions Utah 275 Mosquito Abatement Districts each district. Districts are authorized to investigate and devise, and implement measures for the prevention of Mosquito abatement districts provide for the extermina- soil erosion, floodwater and sediment damages, nonpoint tion of mosquitos, flies, crickets, grasshoppers, and other water pollution, and for the conservation, development, insects. These districts are established in the same manner utilization, and disposal of water on state or private lands. as a basic local district. Each district is governed by a board Districts are also authorized to make recommendations of trustees appointed by the legislative bodies of each par- governing land use within the district. The districts may ticipating county and municipality. The districts may impose accept funds from federal, state, and local government fees; levy ad valorem taxes and special assessments; issue sources and borrow money. revenue bonds; and, with voter approval, issue general obligation bonds. The districts may hold a referendum to Water Conservancy Districts and Subdistricts request permission to impose additional taxes. Water conservancy districts are established in the same man- Public Transit Districts ner as a basic local district. The governing board of trustees may be elected or appointed. The districts may impose fees; Public transit districts are established in the same manner levy ad valorem taxes and special assessments; issue rev- as a basic local district. Districts are governed by a board enue bonds; and, with voter approval, issue general obliga- of trustees appointed by member counties and municipali- tion bonds. ties plus one member appointed by the house speaker, the senate president, and the Governor. The state transporta- SUBORDINATE AGENCIES AND AREAS tion commission must appoint one of its commissioners to serve for districts representing a population of more than Shown below are various governmental designations in 200,000; for smaller districts, the commission is permitted Utah that have certain characteristics of governmental to appoint a representative. The districts may impose fees, units, but that are treated in Census Bureau statistics as levy special assessments, and issue revenue bonds. With subordinate agencies of the state or local governments or voter approval, the districts may levy ad valorem taxes and as private, rather than governmental activities, and are not issue general obligation bonds. counted as separate governments. Local building authorities (county, municipal, school Service Areas district, or special district)—These authorities may be Districts may provide any of the following services that created by ordinance or resolution of a county, municipal- are not provided by the county or municipal government: ity, school district, basic local district, cemetery mainte- police or fire protection; paramedic and emergency ser- nance district, drainage district, fire protection district, vices; irrigation or domestic water supply; water conserva- improvement district, irrigation district, metropolitan water tion; park, recreation, or parkway facilities; cemeteries; district, mosquito district, public transit district, service libraries; sewers, sewage, and storm water treatment area, water conservancy district, or special service dis- and disposal; flood control; garbage and refuse collec- trict. The districts are governed by the board of the creat- tion; street lighting; airports; street, road, sidewalk, and ing government ex officio. The districts may issue bonds curb construction and maintenance; mosquito abatement; payable from lease agreements made with the creating health or hospital services; and underground installation of government. Municipal building authorities created under a electric utility lines. These districts are established in the repealed earlier law are now governed by this law. same manner as a basic local district. The board of trustees Special Service Districts (county and municipal)— may be appointed or elected as stated in the petition or These districts may provide one or more of the following resolution that initiated the process of creating the service services: water supply, sewerage, drainage, flood control, area. The districts may impose fees; levy special assess- garbage collection and disposal, health care, transportation, ments; issue revenue bonds; and, with voter approval, recreation, fire protection and emergency medical services, issue general obligation bonds. The levy of ad valorem wildfire protection, jail facilities, street lighting, consolidated taxes requires the approval of the participating county and emergency dispatch, animal shelter and control, and also municipal governments. public facilities and services related to mitigating impacts The county legislative body may serve ex officio as the from the mineral industries. Extended police protection may board of trustees of a service area. Areas administered by be provided in counties of the first class. the county legislative body are not counted as separate The districts may be created by resolution or ordinance of governments. See “Subordinate Agencies and Areas” below. county or municipal governing bodies, upon their own initia- Soil Conservation Districts tive or upon petition of landowners or voters, and after pub- lic hearing. Districts may serve areas outside of the creating Soil conservation districts are created by the state soil con- county or municipality. The governing body of the creating servation commission, on petition of landowners and after county or municipality governs the district but may create public hearing. A board of five elected supervisors governs
276 Utah Governments—Individual State Descriptions an administrative control board. The creating government, Utah State Building Ownership Authority acting as the district board, may fix service charges, levy Utah State Railroad Museum Authority property taxes and assessments, and issue bonds. Utah State Fair Corporation Utah Housing Corporation (state)—This agency was County2 formed to provide mortgage credit for low- and moderate- income housing. The agency governing body is a nine-mem- Community development and renewal agencies (county) ber board of trustees, including six members appointed by Fire protection districts administered by the county the Governor with the consent of the senate, plus the execu- legislative body tive director of the department of community and culture, Improvement districts administered by the county the commissioner of the department of financial institutions, legislative body and the state treasurer. The agency may fix charges in con- nection with its loan and issue revenue bonds. Interlocal finance authorities Library board of directors Other examples include: Local boards of health 1 State Local mental health authorities Bounty districts Local substance abuse authorities Hazardous Waste Facilities Authority Municipal-type services districts Heber Valley Historic Railroad Authority Recreation boards (county) State Charter School Finance Authority Service areas administered by the county legislative body
Utah Communications Agency Network Municipal Utah Generated Renewable Energy Electricity Network Authority Board Community development and renewal agencies (municipal) Utah Higher Education Assistance Authority Library board of directors (municipal) Utah Military Installation Development Authority Recreation boards (municipal) Utah Science Center Authority Utah laws also provide for various types of local areas for Utah State Armory Board election purposes and administration of justice. Utah State Bonding Commission 1 Legislation authorizing the Utah Sports Authority was repealed in 2009. Utah State Building Board 2 Legislation authorizing parking and business improvement districts was repealed in 2008.
Governments—Individual State Descriptions Utah 277 Vermont
Vermont ranks thirty-sixth among the states in number of PUBLIC SCHOOL SYSTEMS (291) local governments with 738 active as of June 30, 2012. School District Governments (291) COUNTY GOVERNMENTS (14) The following types of school districts in Vermont are There are no areas in Vermont lacking county government. counted as separate governments for Census Bureau The county governments perform very limited functions, purposes: which consist chiefly of maintaining the courthouse and • City school districts county jail. The principal administrative officers of the county are two assistant judges. • Town school districts • Incorporated school districts SUBCOUNTY GENERAL PURPOSE • Interstate school districts GOVERNMENTS (280) • Union school districts Subcounty general purpose governments in Vermont include • Unified union school districts municipal (city and village) governments and town govern- ments. These two types of governments are distinguished • Joint contract or consolidated districts primarily by the historical circumstances surrounding their • Regional technical center school districts incorporation. In Vermont, city, village, and town govern- City and town school districts are governed by boards ments have similar powers and perform similar functions. of directors elected at the school district meeting where Gores and grants are unincorporated, often uninhabited, school fiscal needs are determined. Similar provisions also portions of a county which are not part of any town. apply to interstate school districts. Unorganized towns, grants, and gores in each county Incorporated districts are created by special acts of the leg- have one supervisor appointed by the governor and are islature, but with substantially uniform provisions. Officers not counted as separate governments for Census Bureau of each district are elected as a prudential committee at the purposes. annual district meeting at which school tax levies are voted.
Municipal Governments (43) School districts may create interstate school districts with The term “municipality” as defined for Census Bureau districts in New Hampshire or New York. The districts may statistics on governments applies to the cities and incorpo- be established by an article of agreement compact and rated villages in Vermont. Incorporated villages are gov- after the approval of the participating states’ boards of erned by a board of trustees and cities are governed by a education, member school districts, and the U.S. Congress. mayor and board of aldermen. Cities exist outside the area Districts operate under similar provisions of city and town of any town. Villages are included in town areas. school districts.
Towns, called “municipalities” by Vermont statutes, are Union school districts are established by vote of the two or counted for Census Bureau purposes as township rather more school districts and with approval of the state board than municipal governments (see below). of education. Their boards are chosen by and from the par- ticipating districts. Fiscal requirements for a union school Town or Township Governments (237) district are apportioned among the participating school districts, budgets must be put before voters. Union school Although not differing in legally authorized powers from districts organized to operate grades kindergarten through cities and villages, governmental units in Vermont desig- 12 are known as unified union school districts. nated as towns are counted in Census Bureau statistics as a separate type of government. Towns perform many Joint contract or consolidated districts may be formed by of the same duties commonly associated with county and two or more towns or incorporated school districts. Each municipal governments. The town governing body is called district is governed by members selected from and by the the selectboard. Although town governments exist in each participating school districts. The districts have the same county in Vermont, they do not cover the entire area of fiscal powers as the participating school districts. each county.
278 Vermont Governments—Individual State Descriptions Regional technical center school districts provide second- a hearing. An elected prudential committee governs each ary technical education. The districts are created with state district. The districts may, upon voter approval, levy ad approval and voter referendum within the participating valorem taxes. city, town, incorporated, or unified union school districts. These districts are to be distinguished from town fire dis- Each district is governed by a board consisting of elected tricts governed by the town selectmen. Such districts are and appointed officials. The districts may establish tuition not counted as separate governments for Census Bureau and, with voter approval, issue bonds. purposes. See ‘‘Subordinate Agencies and Areas’’ below. School districts may directly operate regional technical centers. These centers are not counted as separate gov- Housing Authorities ernments. Comprehensive high schools are public schools Housing authorities may be established by resolution of other than technical centers that provide secondary techni- the city, village, or town governing body on its own initia- cal education. These are counted as part of the operating tive. A board of commissioners appointed by the mayor in school district and are not counted as a separate govern- the case of a city or village, or town governing body in the ment for Census Bureau purposes. case of a town, governs each authority. Housing authorities may issue bonds and fix rates and rentals. Joint housing Dependent Public School Systems (0) authorities may be formed by resolution of two or more Vermont has no dependent public school systems. cities, villages, or towns.
Other Educational Activities Natural Resources Conservation Districts Supervisory units, also called “supervisory unions,” are These districts, formerly known as soil and water conserva- entities for the supervision of school affairs in two or more tion districts, are created by the state natural resources con- school districts. They are classified as joint educational ser- servation council upon petition of landowners and after a vice agencies of these districts for Census Bureau purposes hearing and referendum. Each district is governed by three and are not counted as separate governments. elected supervisors and two supervisors appointed by the state natural resources conservation council. The districts Schools in unorganized towns and gores are operated by may require contributions from benefited landowners. officers representing the state government and are classi- fied for Census Bureau purposes as state activities. They Regional Transit Districts and Mass are not counted as separate governments. Transportation Authorities SPECIAL DISTRICT GOVERNMENTS (153) Two types of regional transit agencies are authorized by Vermont statute: Vermont statutes authorize the creation of a variety of special districts or authorities that are counted as govern- • Regional transit districts ments. These are discussed in detail below. • Mass transportation authorities
Consolidated Water Districts Regional transit districts may be formed by an agree- ment between two or more cities, towns, or villages after These districts are established when voters approve the approval of the state transportation board and the voters. merger of the water facilities located in two or more contig- A board consisting of one or more representatives of each uous cities or towns. An elected board of water commission- participating city, town, or village governs each district. ers governs each district. The district may fix water rates The districts may fix fares, rates, and charges, and request and levy ad valorem taxes. The district may issue revenue contributions from participating governments. bonds and, with voter approval, may issue general obliga- tion bonds. Wholesale consolidated water districts operate Two or more cities, towns, or villages may form a mass under the same provisions but sell water to cities and towns transportation authority after voter approval to provide on a wholesale basis, rather than directly to customers. transit service directly or by contract. A board of commis- sioners consisting of two appointees from each member An international water district with Canada was created by government governs each authority. The authorities may special act. It operates under similar provisions. All bond fix fares and assess participating governments on the basis issues require voter approval. of weekly miles of service. The authorities may issue bonds with voter approval. The Chittenden County Transportation Fire Districts Authority was established by a special act with similar Fire districts provide fire protection, public parks, water provisions. works, sewers, sidewalks, and street lighting, sprinkling, or oiling. These districts are established by the town selectmen upon petition of landowners or voters and after
Governments—Individual State Descriptions Vermont 279 Solid Waste Management Districts SUBORDINATE AGENCIES AND AREAS Several solid waste management districts have been estab- Shown below are various governmental designations in lished under special acts or intergovernmental agreements Vermont that have certain characteristics of governmental with similar provisions. The number of district board mem- units, but that are classified in Census Bureau statistics as bers representing each participating municipality is speci- subordinate agencies of the state or local governments and fied in the special act or intergovernmental agreement. are not counted as separate governments. Legal provisions These districts may apportion the share of the district for some of the larger organizations are discussed below budget to be met by appropriations from each participat- (see ‘‘Public School Systems’’ above regarding educational ing municipality, except for the Rutland County Solid Waste agencies of this nature). District, which may levy ad valorem taxes and receive Vermont Educational and Health Buildings Financing revenues from the sale of steam. These districts may issue Agency (state)—This authority was established by a bonds (after voter approval in the case of the Rutland special act. The agency board consists of seven members County Solid Waste District). Solid waste management dis- appointed by the governor with the advice and consent of tricts also may be created as union municipal districts. the senate, two additional members appointed by those Unified Towns and Gores of Essex County seven, plus the commissioner of education, the secretary of human services, the state treasurer, and the secretary The unified towns and gores of Essex County was autho- of administration, serving ex officio. The authority may fix rized by an act of the legislature and established in 2000 rentals and charges collected for use of authority facilities to administer the Town of Averill, Avery’s Gore, the Town of and may issue revenue bonds. Ferdinand, the Town of Lewis, Warner’s Grant, and Warren Gore in Essex County. The unified towns and gores of Vermont Housing Finance Agency (state)—This Essex County is governed by an elected board of gover- agency was formed to provide mortgage credit for low- nors. The board of governors performs the functions and and moderate-income housing. The governing body is a duties, including power to impose fees, for the area that board of nine commissioners, including five commissioners a selectboard, school board, and board of civil authority appointed by the governor with the advice and consent of perform for a municipality in the State. The board of gover- the senate, plus the commissioner of financial regulation, nors may issue bonds and borrow money. the executive director of the Vermont housing and con- servation board, the state treasurer, and the secretary of Union Municipal Districts commerce and community development, serving ex officio. The agency may fix charges in connection with its loans Union municipal districts are created to promote more and issue revenue bonds. efficient and economical operation of any local government service, such as solid waste management or parks and rec- Vermont Municipal Bond Bank (state)—This agency reation. Districts may be established in two or more cities, was established in 1970 by special act to make funds avail- towns, or villages after a joint municipal survey committee able at reduced rates to governmental units in the state for submits an agreement specifying the nature of the district financing public improvements. The bank governing board to the state attorney general and after referendum of vot- consists of the state treasurer, serving ex officio, and four ers in participating areas. The creating agreement states directors appointed by the governor with the advice and the purpose of the district, the manner and the selection consent of the senate. The bank may fix fees and charges of its officers, and financing options. Participating govern- for its services and, with approval of the governor and ments typically finance contracted services of the districts state treasurer, issue revenue bonds. through appropriations from a tax levy and, in some cases Vermont State Housing Authority (state)—This author- after voter approval, issue bonds. ity was established in 1968 by special act to provide Some union municipal districts may be classified as subor- assisted housing. A seven-member commission appointed dinate agencies based on the provisions of the interlocal by the governor with the advice and consent of the senate agreement. See ‘‘Subordinate Agencies and Areas’’ below. governs the authority. The authority may issue revenue bonds and fix and collect charges for its services. Vermont Public Power Supply Authority Other examples include: This authority was created by special act from the Vermont Public Power Supply System, Inc. The authority is governed State1, 2 by a board of directors appointed by the governing bodies District environmental commissions of participating cities, towns, villages, and electric coop- Emergency medical services districts eratives. The authority may collect rates and fees and may issue revenue bonds. Highway districts
280 Vermont Governments—Individual State Descriptions Vermont Economic Development Authority Town
Vermont State Colleges, Inc. Conservation commissions Vermont Student Assistance Corporation Fire districts governed by town selectmen Vermont Telecommunications Authority Local health districts Vermont Transportation Authority Union municipal districts Municipal Urban renewal agencies
Conservation commissions Vermont laws also provide for various types of local areas Local health districts for election purposes, administration of justice, and zoning. Rutland Redevelopment Authority 1 The Vermont Film Corporation (Vermont Film Commission) was repealed by 2011, No. 52, section 16 (a), effective May 27, 2011. Union municipal districts 2 The Vermont Qualifying Facility Contract Mitigation Authority Urban renewal agencies was repealed by 2009, No. 135 (Adj. Sess.), Section 26(3)c.
Governments—Individual State Descriptions Vermont 281 Virginia
Virginia ranks forty-fourth among the states in number of Township Governments (0) local governments, with 518 active as of June 30, 2012. Virginia has no township governments as defined for COUNTY GOVERNMENTS (95) Census Bureau purposes. The “townships” in Virginia are described above under “Municipal Governments.” The entire area of the state is encompassed by county government except for areas located within the boundaries PUBLIC SCHOOL SYSTEMS (136) of the cities. Cities in Virginia exist outside the area of any county and are counted as municipal rather than county School District Governments (1) governments. The county governing body may be called The Eastern Virginia Medical College is the only school dis- the county board of supervisors, county board, or urban trict government in Virginia. This college was established county board of supervisors. by special act. A board of 17 visitors governs the college, including six members appointed by the Eastern Virginia SUBCOUNTY GENERAL PURPOSE Medical College Foundation; two appointed by the Senate GOVERNMENTS (229) Committee on Rules; three appointed by the Speaker of the Municipal Governments (229) House of Delegates; two appointed by the Governor; one appointed on a rotating basis by the cities of Chesapeake, Municipal governments in Virginia are the city governments Hampton, Newport News, Portsmouth, and Suffolk; one and town governments, which are classified generally by appointed by the City of Virginia Beach; and two appointed population size as follows: by the City of Norfolk. The authority may fix and collect • Cities: 5,000 inhabitants or more tuition, fees and rents; receive grants and state appropria- tions; and issue revenue bonds. • Towns: 1,000 inhabitants or more
The cities, referred to in the Virginia constitution as “inde- Dependent Public School Systems (135) pendent incorporated communities,” differ from towns Virginia statutes provide for the following types of depen- because they lie outside the boundaries of any county. dent public school systems: These cities perform traditional county functions, as well as traditional municipal functions.1 Systems dependent on county governments (95):
Townships may be created under a specific circumstance. • County school systems When a county consolidates with a city or another county Systems dependent on municipal governments (40): or combination thereof into a consolidated city, towns in the county that do not sign the consolidation agreement • City school systems may continue in existence as separate townships within • Town school systems the consolidated city. These governments would continue to have the same officers as towns and would be counted County, city, and town public school systems in Virginia as a municipal government, rather than as a township gov- are classified as dependent agencies of county or munici- ernment for Census Bureau purposes. As of June 30, 2012, pal governments and are not counted as separate school there were no township governments in Virginia. district governments for the Census Bureau. County or municipal public school systems receive county or munici- Under Virginia law, any city located entirely within the pal appropriations and state and federal funds. The county boundary of any county may consolidate with that and municipal governing bodies set the budgets for their county to become a tier-city with approval of the General public school systems. Assembly. These governments have both the powers of a town and such additional powers as may be granted by the Generally, each county and city in Virginia constitutes a general assembly. As of June 30, 2012, there were no tier- “school division” for the operation of public schools. Each city governments in Virginia. school division is counted as a separate dependent public
282 Virginia Governments—Individual State Descriptions school system in Census Bureau statistics. The state board or schools. These programs are not counted as separate of education may divide or consolidate school divisions governments for Census Bureau purposes. In cases where upon consent of the school boards and the governing bod- two or more school boards provide these programs jointly, ies of the counties and the municipalities affected and with these programs or schools are classified as joint educa- the consent of the general assembly, after a public hearing. tional service agencies of the participating county, city, or In addition, two or more school boards may establish joint town school systems. or regional schools with the consent of the state board of Academic year Governor’s Schools are created by an agree- education. ment between two or more local school systems to provide The public schools in the cities of Bedford and Fairfax gifted and talented programs. The schools are typically are operated under contract by the boards of education managed by a regional governing board of representatives of Bedford and Fairfax Counties, respectively. The public from the participating school boards. These schools are schools in James City County and the City of Williamsburg classified as joint educational service agencies of the par- are jointly operated, as are the public schools in Greensville ticipating county, city, or town school systems. County and the City of Emporia, and in Alleghany County Regional alternative education programs may be created by and the Town of Clifton Forge. Rockbridge County and the agreement of two or more school divisions with approval City of Lexington jointly operate one high school; the rest of the General Assembly. These programs provide educa- of the schools in those two divisions are operated by their tion options for students who have a pending violation of respective school boards. school board policy, have been expelled or suspended for Generally, city school boards are appointed by the city a long-term basis, or are returning from a juvenile correc- council. County school boards are usually appointed by tional center. These programs are not counted as separate the school board selection commission which, in turn, school districts for Census Bureau purposes. is appointed by the circuit court. Upon voter approval, however, a county school board may be appointed by the SPECIAL DISTRICT GOVERNMENTS (193) county governing body. Voters may petition the county Virginia statutes authorize the creation of a variety of circuit court for a referendum to change the manner of special districts or authorities that are counted as separate selecting the school board, including to elect members to governments. These are discussed in detail below. the school board.
In public school systems serving less than one county Airport Authorities and Commissions (special acts and interlocal agreements) or city or part or all of more than one county or city, the school board members are appointed by the governing Airport authorities and commissions may be established body of the counties or cities they represent. The number by special act. Those established jointly by two or more of school board members is determined by the governing local governments are counted for Census Bureau purposes body of the county or city if the school division consists of as governments. A board appointed by the participating less than one county or city or by agreement of the govern- local governments governs each of the airport authorities, ing bodies of the counties and cities in a school division except for the Blue Ridge Airport Authority’s board which consisting of part or all of more than one county or city. is appointed by the circuit judge. These authorities may fix and collect fees and, except for the Cumberland’s Airport Virginia law also recognizes separate town school districts Commission and the Mecklenburg-Brunswick Airport that existed on July 1, 1978, except if the town converts Commission, may issue revenue bonds. to an independent city, the town will also become a school division. Town school districts are classified for Census In addition, two or more counties, cities, or towns may Bureau reporting as dependent agencies of the town form a joint airport authority, board, or commission by governments because the town council appoints members interlocal agreement under general law. The composition of the school board and provides for the system fiscal of the governing body of such an entity is specified in the requirements. agreement. Powers of airport authorities, boards, and com- missions created under general law are similar to those of Each county and some city school divisions are divided into airport authorities created under special acts. “districts” from which members of the respective school boards are appointed. These districts exist only for repre- Airport authorities created jointly by several local govern- sentational purposes. ments prior to July 1, 1994, may continue as joint authori- ties even in the event that all but one of the local govern- Other Educational Activities ments withdraws.
School boards may enter into agreements with other school The Tri-City Airport Commission, serving the Bristol area, is boards to provide special and vocational education services counted under “Tennessee—Special District Governments.” or programs under contract or to operate joint programs
Governments—Individual State Descriptions Virginia 283 Airport authorities serving a single county or city and by the Governor and subject to approval by the General lacking fiscal or administrative autonomy are not counted Assembly, plus one member of the Commonwealth trans- as separate governments. See “Subordinate Agencies and portation board. The district may fix tolls and fees, and Areas” below. may issue bonds.
Area Agencies on Aging Created as Joint Chesapeake Bay Public Access Authorities Exercise of Powers Two authorities have been created by special act to These agencies provide services to the aging. They are improve public-access sites to the Chesapeake Bay. created by local governments through joint exercise of The Middle Peninsula Chesapeake Bay Public Access powers agreements. The agencies may receive funds from Authority was established in 2003 after ratification by the Federal, state, and local governments and may accept the Counties of Essex, Gloucester, King and Queen, King private contributions. William, Matthews, and Middlesex, and the Towns of Tappahannock, Urbanna, and West Point. The Northern Breaks Interstate Park Commission Neck Chesapeake Bay Public Access Authority was created This commission was created by an interstate compact in 2008 after being ratified by the Counties of Lancaster, between Virginia and Kentucky to develop and operate Northumberland, and Westmoreland. Both authorities are Breaks Interstate Park. The commission consists of the governed by a board of directors appointed by participat- director of the Virginia department of conservation and rec- ing governments. The authorities may fix and collect fees, reation, the commissioner of the Kentucky department of rates, and charges and issue bonds. parks, both ex officio, and three commissioners from each Community Development Authorities state, appointed by the respective Governors. The commis- sion may charge fees and entrance charges, and may issue These authorities are created upon petition of landowners revenue bonds. and ordinance or resolution by two or more local govern- ments after a public hearing. The number and selection of Buchanan County Tourist Train Development board members is specified in the articles of incorporation. Authority The authorities provide a variety of facilities and services. This authority was created to develop a tourist train and The authorities may fix and collect fees and issue bonds. theme park in cooperation with any interested private or The authorities may request that the local government levy governmental entities in the state or the states of West a special property tax. Virginia, Kentucky, Tennessee, or North Carolina. The board Community development authorities created by a single is appointed by the governing body of Buchanan County local government are not counted as separate governments and includes two members of the county governing body, for Census Bureau purposes. See “Subordinate Agencies nineteen citizen members, and one member of the General and Areas” below. Assembly representing Buchanan County, serving ex offi- cio. The authority may issue bonds and accept grants and Health Center or Hospital Commissions contributions. These commissions are created by resolution of two or BVU (Bristol Virginia Utilities) Authority more counties or municipal governing bodies to provide and operate health centers (nursing homes, adult care This authority was created in 2010 through an entity con- residences, independent living facilities, and assisted living version authorized by an act of the legislature to provide facilities) or hospitals. Commission members are appointed electric, water, sewer, and telecommunication and related by the participating governments. The commission may services previously provided by the Bristol Virginia Utilities. issue bonds and fix and collect fees. The authority is governed by a nine-member board of directors consisting of four citizen appointees of Bristol; Commissions created by a single county or municipality are two members appointed from the Bristol City Council; one classified as dependent activities of the government they appointed by the Bristol City Council; one appointed by the serve. See “Subordinate Agencies and Areas” below. Bristol Virginia Utilities Board; and one member of the Board of Supervisors of Washington County. The authority may Hospital Authorities charge fees for products and services and may issue bonds. A hospital authority may be established to provide and operate hospitals by a city council on its own initia- Chesapeake Bay Bridge and Tunnel District tive or by a petition of voters. A board of commission- This district was established by special act to build, oper- ers appointed by the mayor governs each authority. The ate, and maintain the Chesapeake Bay Bridge and Tunnel. authority may issue bonds and fix and collect fees. An 11-member commission governs the district, with one member from each city and county in the area appointed
284 Virginia Governments—Individual State Descriptions The Chesapeake Hospital Authority was established by spe- The authority may accept grants, appropriations from cial act. The governing board is appointed by the city. Its members, and issue bonds. financial powers are the same as those provided for under general legislation. Park Authorities These authorities may be created by resolution of a combi- Hotel Roanoke Conference Center nation of counties, cities, or towns to provide park facili- Commission ties after a public hearing and, in some cases, a referen- This commission was created by a special act of the state dum. The authority board is appointed by the member legislature to construct and operate a hotel and confer- governments. Members of the governing bodies may be ence center. The commission consists of six members, appointed to the board, but may not compose a majority. with three appointed by the City of Roanoke and three The authorities may fix fees for use of the park facilities appointed by the Virginia Polytechnic Institute and State and issue revenue bonds. University. The commission may charge fees and rents for Authorities that encompass only a single county or munici- the use of its facilities, receive member appropriations, and pality are not counted as separate governments for Census issue bonds. Bureau purposes. See “Subordinate Agencies and Areas” Jail Authorities—1990 law below. These authorities provide regional jail facilities. They may Produce Market Authorities be created by concurrent resolutions of the governing The legislation authorizing this type of authority was bodies of two or more counties, cities, or combinations repealed in 2008. thereof. A board consisting of appointed representatives and the sheriff of the member governments governs each Regional Industrial Facilities Authorities authority. The authorities may fix and collect rents, rates, and charges, and issue revenue bonds. Similar provisions These authorities are created by ordinance of three or more apply to the Riverside Regional Jail Authority, which was participating local governments within the region or two established by a special act. or more localities in certain planning districts. A board of directors, consisting of appointed members from each Regional jail boards created under an earlier law authoriz- participating local government, governs the authorities. In ing joint exercise of powers agreements are not counted some planning districts, only members of the participat- as separate governments for Census Bureau purposes. See ing governing bodies may be appointed to the board. The “Subordinate Agencies and Areas” below. authorities may fix and collect fees and may issue bonds.
Metropolitan Washington Airports Authority Regional Public Library Boards This authority was established in 1987 by interstate com- Boards to operate regional public libraries in two or pact between Virginia and the District of Columbia and more counties or cities may be established by agreement upon approval by the United States Congress. It assumed between the participating counties and cities. In the case operation of Washington Dulles International Airport and of established county or city free library systems, however, the Ronald Reagan Washington National Airport under the library boards must agree to such action. Each board lease from the Federal Aviation Administration. A board of consists of one or more members appointed by the gov- directors, consisting of seven members appointed by the erning body of each participating government according Governor of Virginia, four appointed by the Mayor of the to the provisions of the agreement establishing the board. District of Columbia, three appointed by the Governor of Regional public library boards receive contributions from Maryland, and three by the President of the United States, participating governments in accordance with the provi- governs the authority. The authority may impose fees and sions of the agreement creating the board. other charges and may issue revenue bonds. Regional public libraries that are administered by a single New River Valley Emergency Communications county or city government under contract are not counted Regional Authority as separate governments for Census Bureau purposes. See This authority was authorized by special act of the legisla- “Subordinate Agencies and Areas” below. ture and created on resolution of the governing bodies of Richmond Eye and Ear Hospital Authority the Towns of Blacksburg and Christiansburg, Montgomery County, and the Board of Visitors of Virginia Polytechnic This authority was created by special act to issue bonds to Institute and State University to provide 911 dispatch and finance facilities for the Richmond Eye and Ear Hospital. A emergency communications. The authority is governed by board of directors appointed by the Governor governs the a board appointed by participating localities and interests. authority. The authority may fix fees and rentals and issue revenue bonds.
Governments—Individual State Descriptions Virginia 285 Richmond Metropolitan Authority consisting of two directors appointed by the state soil and water conservation board and two to three directors, This authority provides express highways, bridges, tun- depending on the number of participating cities or coun- nels, parking garages, and stadiums. It was established ties, elected by voters. The districts may require contribu- by a 1966 special act. A board of directors governs the tions from benefited landowners. authority; it consists of two members from each of the counties of Chesterfield and Henrico appointed by their Watershed improvement districts are classified as subdis- boards of county supervisors, six members appointed by tricts of the soil and water conservation districts and are the Mayor of the City of Richmond, and a member of the not counted as separate governments for Census Bureau state highway commission. The authority may fix tolls and purposes. They are created by the board of a soil and other fees for the use of its facilities and issue revenue water conservation district on petition of landowners after bonds. The authority may also receive funds from partici- a hearing and referendum. The directors of the parent pating governments. soil and water conservation district govern each water- shed improvement district. The directors may, upon voter Sanitation Districts approval, levy taxes and service charges and issue bonds. Sanitation districts, previously classified as special district governments, have been reclassified as state dependent Southside Virginia Tourism Development Authority agencies effective with the 2012 Census of Governments. See “Subordinate Agencies and Areas” below. This authority was created by a 2002 special act. It serves the West Piedmont Planning District and the Southside Service Districts—Joint Service Districts and Planning District. Each participating county and city Service Districts Created by Court Order with appoints one board member. The authority may borrow Land Owner Boards money; accept federal, state, and local funds; and accept Joint service districts are created by two or more coun- gifts, grants, and donations from any source. ties or cities by ordinance after a public hearing. Service districts created by court order upon a petition by voters Southwest Regional Recreation Authority after a hearing with boards composed of land owners also This authority was created by a 2008 act of the legislature are considered to be separate governments. These enti- to develop and manage the Spearhead Trails System with ties may perform a wide variety of functions as specified the Counties of Buchanan, Dickenson, Lee, Russell, Scott, in the creating ordinance of petition. The creating govern- Tazewell, and Wise, and the City of Norton. The authority is ments may compose the board ex officio or may appoint a governed by a board of directors appointed by the govern- separate board. The districts may levy taxes on benefitted ing bodies of participating localities. The authority may properties and accept funds from any source. In Virginia accept grants, assess and collect fees, and issue bonds. Beach, the city council may levy a transient room rental tax for the benefit of the service district. Southwest Virginia Health Facilities Authority
Urban counties, defined as any county with a population The Southwest Virginia Health Facilities Authority, previ- that exceeds 90,000 that did not maintain its roads as of ously classified as a special district government, was January 1, 2007, may establish an urban transportation reclassified as a joint dependent agency effective with the service district after the local governing body of the urban 2012 Census of Governments. See “Subordinate Agencies county and the Commonwealth transportation board agree and Areas” below. on the boundaries of the district. An urban county, meeting requirements, may receive funds from the Commonwealth Tourist Train Development Authority transportation commissioner to maintain roads within the The legislation authorizing this authority was repealed in district. 2011. Service districts created by one local government are not Transportation Districts—1964 law counted as separate governments. Service districts created by court order with a local government in charge of the These districts may be created by a resolution of a com- board also are not counted as separate governments. See bination of counties or cities to provide transit facilities, “Subordinate Agencies and Areas” below. public highways, and other modes of transportation. A board of commissioners appointed by the governing bod- Soil and Water Conservation Districts ies of the participating counties and cities, from among its members, according to the provisions of the creating Soil and water conservation districts are created by the agreement, governs each district. In addition, the Potomac Virginia soil and water conservation board on petition and Rappahannock Transportation Commission has a board of either local governing bodies or voters after a public of commissioners that also includes two members of the hearing. A district is governed by a board of directors,
286 Virginia Governments—Individual State Descriptions House of Delegates and one member of the Senate. For the authority is governed by a board consisting of one or more Transportation District Commission of Hampton Roads, the members representing each locality, as determined by the commission also includes one citizen member appointed articles of incorporation. Water and waste authorities may by the Governor from each participating county and city. fix and collect fees and may issue revenue bonds. These The Chairman of the Commonwealth transportation board authorities may be known by a variety of names including also serves ex officio on each commission. The districts “service authorities” or “sanitation authorities.” may set fares and issue revenue bonds. The Northern Water and waste authorities representing a single county or Virginia Transportation District has its own tax revenue. municipality are not counted as separate governments for The law also authorizes state transportation districts, of Census Bureau purposes. See “Subordinate Agencies and which there are nine. These are planning areas. The local Areas” below. officials in these areas are entitled to representation on the Commonwealth transportation board. These areas are Williamsburg Area Transit Authority not counted as separate governments for Census Bureau This authority was created by a 2006 act of the legislature purposes. and upon the adoption of concurrent ordinances by the A single county or city may create a transportation district respective governing bodies within the Williamsburg area. or transit district if no contiguous county or city wishes A board, consisting of members from each participating to combine for such purpose. Districts created under this locality, governs the authority. The authority may enter into act by a single government are not counted as separate contracts and agreements with public or private entities governments. Districts created under the local transporta- to finance the construction and operation of its facilities, tion district act or as public transportation systems also receive grants and federal and state funds, and charge fares. are not counted as separate governments. See “Subordinate Agencies and Areas” below. SUBORDINATE AGENCIES AND AREAS Shown below are various governmental designations in Virginia-North Carolina Interstate Toll Road Virginia that have certain characteristics of governmental Commission units but that are treated in Census Bureau statistics as The legislation authorizing this authority was repealed subordinate agencies of the state or local governments and effective 2009. are not counted as separate governments. Legal provisions for some of the larger of these are discussed below (see Virginia Wireless Service Authorities “Public School Systems” above regarding educational agen- cies of this nature). Authorities of this nature provide communication services. Authorities may be created on resolution of the govern- Among the subordinate agencies and areas listed below, ing body or two or more counties, cities, or towns, after some represent “special taxing areas” within the territory of a hearing and, if ordered by the circuit court, a referen- an established government. This method of financing addi- dum. A board, in which members are selected in a manner tional services in limited areas by property taxation, while according to the creating resolutions, governs each author- also used by some municipal and township governments ity. Authorities may issue bonds and, after a hearing, fix, in a few states, is more widely utilized by county govern- charge, and collect rates, fees, and rents. ments. In the listing below of authorized county-related agencies, an asterisk (*) appears for each entity of this Authorities governed by the creating government serving kind—i.e., any that may individually serve a portion rather ex officio are not counted as separate governments. See than all of a county and for which a tax may be levied “Subordinate Agencies and Areas” below. against the assessed value of property in the area served.
Washington Metropolitan Area Transit Hampton Roads Transportation Authority—The legis- Authority lation authorizing this authority was repealed in 2009.
This authority is counted under “District of Columbia— Industrial or economic development authorities Special District Governments.” (county or municipal)—These authorities are estab- lished by county or municipal ordinance to finance and Water and Waste Authorities lease industrial, pollution control, museum, medical, and Authorities of this type that encompass two or more coun- higher education facilities, and facilities for certain non- ties, cities, or towns may provide water supply, sewerage, profit organizations. An authority also may be established storm water collection, garbage collection and disposal jointly by two or more county or municipal governments. services, and electric power. They are established by ordi- An authority is governed by a board of directors, appointed nance or resolution of any one or more counties or munici- by the governing body of the locality. An authority may fix palities after public hearing. Voter approval for the estab- and collect fees and rents and issue revenue bonds. Some lishment of the authority is required if petitioned. Each authorities of this type are named or have been renamed
Governments—Individual State Descriptions Virginia 287 “economic development authorities.” Some industrial devel- Virginia Aviation Board (state)—This board was cre- opment authorities have been established by special acts. ated by special act to acquire, build, operate, maintain, and regulate airports. Members of the board are appointed Redevelopment and housing authorities (county or by the Governor (an additional member is appointed by municipal)—These authorities may be established after the President of the United States if the board takes over a local referendum either called by a resolution of the county, United States airport facility). An additional member also city, or town governing body or petitioned for by voters. A may be appointed by any county or city where the board board of commissioners appointed by the county or munic- acquires or constructs an airport. The board may fix and ipal governing body governs each authority. The authority collect fees and may issue revenue bonds. Its primary func- board may collect rentals and issue bonds. The governing tion is to license airports and promote aviation. body of the sponsoring government must approve all con- tracts and projects. Virginia College Building Authority (state)—This authority was established by a special act. The author- Two or more contiguous counties may establish regional ity board of commissioners consists of seven members housing authorities. Two or more municipalities, whether appointed by the Governor, plus the state treasurer, the or not contiguous, may establish consolidated housing director of planning and budget, the director of the state authorities. In addition, 1960 legislation authorizes the council of higher education, and the state comptroller. The establishment of county urban renewal authorities after a authority may issue revenue bonds or other obligations of referendum in Arlington County. specified educational institutions in Virginia. This author- Sanitary districts (county or municipal)—Sanitary ity also administers the Education Facilities Authority Act, districts are created by order of the circuit court upon through which it assists institutions of higher learning in petition of qualified voters who reside in the area desiring the acquisition, construction, financing, and refinancing establishment of a district after a hearing. Sanitary districts of needed facilities. To fulfill the objective of this Act, the provide water supply, sewerage, garbage collection and authority may fix and charge rates, rentals, and fees. disposal, heat, light, power, gas, and firefighting services. Virginia Housing Development Authority (state)— The county board of supervisors or the city or town council This authority, authorized by act of the General Assembly, constitutes the governing body of the sanitary district. The was formed to provide mortgage credit for low- and district may fix charges for the services it provides and moderate-income housing. The governing body is a board may issue bonds. Certain districts containing two cities of of ten commissioners, seven of whom are appointed by the the first class and that meet a population requirement may Governor, plus a representative from the board of housing levy an ad valorem tax. Sanitary districts also may provide and community development, the director of the depart- sidewalks, curbs, gutters, parking lots, community build- ment of housing and community development, and the ings, and recreational buildings for their residents. state treasurer. The authority may fix and collect fees in Sanitation Districts (state)—Sanitation districts in areas connection with loans and issue revenue bonds. containing tidal waters prevent the pollution of tidal waters Virginia Port Authority (state)—This authority was cre- by treatment plants. These districts may be created by ated by special act to acquire, build, operate, and maintain the circuit court of a county or town or by the corporation port facilities. A board of commissioners, appointed by the court of a city upon petition of voters and after a hear- Governor, plus the state treasurer, governs the authority. ing and referendum with the approval of the state health The authority may issue revenue bonds and set tolls, rents, commissioner. A board of commissioners, appointed by and charges for its facilities. and serving at the pleasure of the Governor, administers each district. The district may issue bonds after a referen- Virginia Public School Authority (state)—This author- dum and fix and collect rents, fees, and charges. Similar ity was established by special act. The authority’s board of provisions apply to the Hampton Roads Sanitation District, commissioners consists of eight members: five appointed which was created by special act. by the Governor plus the state treasurer, the state comp- troller, and the superintendent of public instruction. The Sanitation districts in areas with nontidal waters prevent authority may issue revenue bonds to be used for the the pollution of nontidal waters by sewerage treatment purchase of local school system bonds. The authority may plants. These districts may be established by the circuit make loan payments to local school boards for capital court of a county or town or by the corporation court of a projects, with approval of the local governing bodies and city upon petition of voters and after a hearing and refer- repaid by appropriations levied by the local governing bod- endum and with approval of the state health commissioner. ies. Specified state funds are set aside for authority use. A board of commissioners appointed by and serving at the pleasure of the state health commissioner governs each Virginia Resources Authority (state)—This author- district. The district may issue bonds after a referendum ity was created in 1984 by act of the general assembly and fix rates, rents, fees, and charges. to finance airport facilities, water supply, wastewater
288 Virginia Governments—Individual State Descriptions treatment, drainage, solid waste, public safety, resource County recovery facilities, professional sports facilities, and public Agricultural and forestal districts transportation facilities among other facilities. A board of directors consisting of the state treasurer, the state health Bath County Airport District commissioner, the director of the department of environ- Behavioral health authorities mental quality, the director of the department of aviation, Community development authorities (single county) and seven members appointed by the Governor governs Community service boards (mental health) the authority. The authority may fix and collect fees and issue revenue bonds. Dinwiddie Airport and Industrial Authority Drainage districts (county) Other examples include: Fairfax County Economic Development Authority 2, 3, 4 State *Fire or rescue districts (county) Assistive Technology Loan Fund Authority Health center or hospital commissions (single county) Center for Rural Virginia Health partnership authorities (including joint) Chippokes Plantation Farm Foundation Joint or regional citizen detention commissions (county) Development authorities for former federal areas *Mosquito control districts (county) Fort Monroe Authority Park authorities (single county) Hampton Roads Sports Facility Authority Parking authorities (special acts) Innovation and Entrepreneurship Investment Authority Primary highway transportation improvement districts Jamestown-Yorktown Foundation (Fairfax, Loudoun, and Prince William Counties) Road authorities (state) Public facilities districts (in certain counties) Roanoke Higher Education Authority Public recreational facilities authorities (single county) Southwest Virginia Higher Education Center Regional jail boards created under joint exercise of powers agreements Southwest Virginia Public Education Consortium Regional public libraries operated by one county under Veterans Services Foundation contract Virginia Advances Shipbuilding and Carrier Integration Road authorities (county) Center Board Service districts (created by one local government or cre- Virginia Arts Foundation ated by court order with a local government in charge Virginia Baseball Stadium Authority of the board) Virginia Biotechnology Research Park Authority Special service districts (county) Virginia Coalfield Coalition Authority Transportation districts created under the following acts: Virginia Coalfield Economic Development Authority Local transportation districts (single county or two or more Virginia Commercial Space Flight Authority contiguous localities) Virginia Commonwealth University Health System Authority Public transportation systems Virginia Economic Development Partnership Authority Transportation districts—1964 law (single county) Virginia Information Technologies Agency/Information Transportation service districts Technology Investment Board Virginia wireless service authorities (governed by county Virginia Land Conservation Foundation governing body) Virginia Outdoors Foundation Water and waste or sanitary authorities (single county) Virginia Public Building Authority Municipal Virginia Recreational Facilities Authority Arts and cultural districts Virginia Small Business Financing Authority Behavioral health authorities Virginia Foundation for Healthy Youth Chesapeake Airport Authority Virginia Tourism Authority Chesapeake Port Authority Virginia War Memorial Foundation
Governments—Individual State Descriptions Virginia 289 City of Virginia Beach Industrial Authority (formerly Virginia Regional public libraries operated by one city under Beach Industrial Development Authority) contract Community development authorities (single municipality) Richmond Ambulance Authority Danville Industrial Development Authority Road authorities (municipal) Drainage districts (municipal) Service districts (created by one local government or cre- Economic Development Authority of the City of Newport ated by court order with a local government in charge News, Virginia (formerly Oyster Point Development of the board) Corporation) Special service districts (city or town) Fire or rescue districts Tourism financing development authorities (created by a Greater Richmond Convention Center Authority (created single city or town) under the public recreational facilities authority act) Transportation districts created under the following acts: Health center or hospital commissions (serving a single city Local transportation districts (single municipality or two or or town) more contiguous localities) Housing rehabilitation areas Public transportation systems Housing rehabilitation zones Transportation districts—1964 law (single municipality) Health partnership authorities (including joint) Virginia wireless authorities (governed by municipal gov- Joint and regional citizen detention commissions (city) erning body) Mosquito control districts (municipal) Water and waste authorities (single city) Norfolk Airport Authority (formerly Norfolk Port and City Joint County-Municipal Charter Industrial Authority) Luray-Page County Airport Authority Norfolk Area Medical Center Authority Planning districts (joint county-city-town) Norton Industrial Development Authority Regional criminal justice training academies Park authorities (serving a single city or town) Southwest Virginia Health Authority Parking authorities (special acts) 1 In localities where a city and a county share the same clerk of Peninsula Port Authority of Virginia circuit court, commissioner of revenue, commonwealth’s attorney, Portsmouth Port and Industrial Commission sheriff, or treasurer, the officials involved are classified for Census Bureau purposes as county officials to prevent double counting. Public facilities districts (municipal) 2 Legislation authorizing the Foundation for Virginia’s Natural Resources was repealed in 2012. Public recreational facilities authorities (serving a single 3 Legislation authorizing the Rural Virginia Development Foun- city or town) dation was repealed in 2008. 4 Legislation authorizing the National Defense Industrial Author- Regional jail boards created under joint exercise of powers ity was repealed in 2012. agreements
290 Virginia Governments—Individual State Descriptions Washington
Washington ranks eighteenth among the states in number • First-class school districts—2,000 or more pupils of local governments with 1,900 active as of June 30, 2012. • Second-class school districts—fewer than 2,000 pupils
COUNTY GOVERNMENTS (39) A school district may include territory in more than one county. Such districts are called joint (intercounty) school There are no areas in Washington lacking county govern- districts. Also, school districts are divided into high school ment. A county’s governing body is known as the board and nonhigh school districts. An elected board of direc- of county commissioners except for home rule counties, tors administers each school district. A school district may which are governed by the county council. Although con- levy a special tax for maintenance and operation, may levy solidated city-county governments are authorized by state property taxes, or may issue bonds for capital construction statutes, none currently exist. after voter approval. SUBCOUNTY GENERAL PURPOSE Dependent Public School Systems (0) GOVERNMENTS (281) Washington has no dependent public school systems. Municipal Governments (281) Municipal governments in Washington are the cities and Other Educational Activities towns. Municipalities are divided into classes according to Educational services districts consist of one or more population size, as follows: counties or portions of counties. They provide regional administration of local school districts. These districts • First-class—10,000 inhabitants or more are classified for Census Bureau reporting as joint educa- • Second-class—1,500 or more inhabitants tional service agencies of the participating school districts • Towns—Fewer than 1,500 inhabitants and are not counted as separate governments for Census Change from one class to another occurs only after voter Bureau purposes. approval. Cities with a population of 10,000 or more may The community colleges and technical colleges in adopt a home rule charter with voter approval. In addition, Washington are classified as state institutions and are since 1969, all municipalities may acquire statutory home not counted as separate governments for Census Bureau rule by becoming a noncharter code municipality. Two purposes. A board of trustees appointed by the Governor cities, Union Gap and Waitsburg, operate under charters governs each college. granted prior to 1889 by the former Washington territory. Skills centers are regional secondary schools providing tech- The minimum population requirement for incorporation is nical education. Each center is governed by an administra- 300; however, if the proposed incorporation is within five tive council consisting of the superintendents of the partici- air miles of a city of 15,000 population or more, the mini- pating school districts. The centers are state funded. These mum population requirement is 3,000. districts are classified as joint educational service agencies For provisions governing “metropolitan municipal corpora- of the participating school districts and are not counted as tions,” see “Special District Governments” below. separate governments for Census Bureau purposes.
Township Governments (0) SPECIAL DISTRICT GOVERNMENTS (1,285) Authorizing legislation for townships was repealed in Washington statutes authorize the creation of a variety of 1997. Townships were last reported in operation for the special districts or authorities that are counted as govern- 1972 Census of Governments. ments. These are discussed in detail below.
PUBLIC SCHOOL SYSTEMS (295) Agencies Created Under the Interlocal Cooperation Act School District Governments (295) This act was passed in 1967. Local government units may The following types of school districts in Washington agree to exercise any of their powers jointly. Such an agree- are counted as separate governments for Census Bureau ment may establish a separate agency that may or may not purposes: be counted as a government for Census Bureau purposes. The functions to be performed by such an agency are
Governments—Individual State Descriptions Washington 291 specified in the agreement. Agencies established under this of two or more counties. A public hearing and referendum law may have a wide variety of names. are held. The district governing body consists of ex officio representatives of the participating governments, as speci- Air Pollution Control Authorities fied in the resolution creating the district. Participating General law establishes an air pollution control authority governments may include port districts, public school dis- in each county. The authorities are activated upon county tricts, or community college districts, as well as cities and resolution either initiated by voter petition or initiated by counties. The districts may receive the proceeds of county the county and following a public hearing. Multicounty hotel-motel tax levies, issue revenue bonds, and after voter authorities may be established by contiguous counties. approval, may levy ad valorem taxes and issue general A board of directors, appointed by the governing bodies obligation bonds. of the establishing county or counties and municipalities Districts governed by the commissioners of a single county within each county, governs each authority. The authorities ex officio are not counted as separate governments for apportion their fiscal needs to the participating govern- Census Bureau purposes. See “Subordinate Agencies and ments according to population and/or assessed valuation. Areas” below. Air pollution control authorities may levy property taxes with voter approval. Diking and Drainage Districts
Cemetery Districts Washington statutes authorize the following types of dik- ing and drainage districts: Cemetery districts may be established by the board of county commissioners after petition, hearing, and voter • Diking districts—1895 law approval. An elected board of commissioners governs each • Drainage districts—1895 law district. The districts may levy ad valorem taxes. • Intercounty diking and drainage districts—1909 law
Community Facilities Districts Under two separate 1895 laws, diking districts or drainage districts may be established by the board of county com- These districts provide housing, office buildings, commu- missioners after petition of landowners, a public hearing, nity facilities, and infrastructure. Two or more counties, and voter approval. Under a 1909 law, intercounty diking cities, or towns may create a community facilities district and drainage districts may be established by a joint meet- upon landowner petition and after a public hearing. Each ing of the commissioner of public lands and the participat- district is governed by a board of supervisors consisting of ing county boards upon petition of landowners, subject to landowners or appropriate professionals appointed by the voter approval. Elected boards of commissioners govern all governing bodies of the applicable counties, cities, or towns three types of districts. The districts may impose special and also ex officio members of the same. The districts may benefit assessments and issue bonds. Cities within diking levy special assessments and issue revenue bonds. and drainage districts may levy property assessments on Community facilities districts created by one county, city, behalf of the district. Districts created under the diking or town are not counted as separate governments for and drainage district law may be known as “flood control Census Bureau purposes. See “Subordinate Agencies and districts.” Areas” below. In addition, a general law authorizing the establishment of County Airport Districts ditch districts has been repealed, but some districts remain in existence. County airport districts are established by the county gov- erning body after voter petition and referendum. Voters may Drainage and diking districts may reorganize as improve- also petition for an elected district board of commissioners. ment districts. Improvement districts for drainage, diking, A district may levy ad valorem taxes if approved by the vot- or sewerage (organized under a 1913 law) are not counted ers, fix charges and revenues, and issue revenue bonds. as separate governments for Census Bureau purposes. See “Subordinate Agencies and Areas” below. A county airport district administered by the county gov- erning body is not counted as a separate government for Fire Protection Districts Census Bureau purposes. See “Subordinate Agencies and Fire protection districts may be established in unincorpo- Areas” below. rated areas upon petition of voters filed with the county Cultural Arts, Stadium, and Convention auditor and after a hearing and election called by the board Districts of county commissioners. The districts are governed by boards consisting of elected officials of the participat- The creation of these districts may be initiated by petition ing jurisdictions, and, if specified in the plan forming the of voters, by resolution of a county, by resolution of two district, additional members elected by the voters. The or more cities in the same county, or by joint resolution districts may issue bonds and levy ad valorem taxes; these
292 Washington Governments—Individual State Descriptions powers may require voter approval. With voter approval, authority governing body is specified in the agreement the districts may levy benefit charges. Districts providing creating each authority. The authorities may fix rates, tolls, emergency medical services may set fees. and charges, and may issue revenue bonds.
Local improvement districts may be created within fire Irrigation Districts protection districts. These districts have the power to levy special benefit assessments, but are subordinate areas of These districts are created by the county board of com- the fire protection districts. Local improvement districts are missioners after petition of landowners and after voter not counted as separate governments for Census Bureau approval. Such districts may also provide drainage, domes- purposes. tic water supply, and electric power facilities, as well as irri- gation. An elected board of directors governs each district. Flood Control Districts—1937 Act The districts may fix rates and charges, levy special benefit assessments, and, with voter approval, issue bonds. These Under a 1937 general law, these districts may be estab- districts also may be known as “reclamation districts.” lished upon petition of property owners or upon resolution of the governing body of the county or the municipality Irrigation and rehabilitation districts are formed from irri- to be served after a public hearing and voter approval. An gation districts under special conditions and possess the elected board of directors governs each district. The dis- same type of organization and powers. tricts may levy assessments and issue bonds. Utility local improvement districts may be established Flood control districts established under a 1935 law are not by irrigation districts. They are classified as dependent counted as separate governments for Census Bureau pur- activities of the irrigation districts and are not counted as poses. The 1935 law was repealed. Districts existing at the separate governments for Census Bureau purposes. time of repeal may continue under that law or reform under the 1937 law. See “Subordinate Agencies and Areas” below. Irrigation Districts Joint Control Irrigation districts under joint control may be established Health Districts upon petition of landowners to the county, followed by Health districts may be created by interlocal agreements county resolution, a public hearing, and a referendum. pursuant to general law to serve multiple local govern- These districts administer water works, main and branch ments. The districts may serve any combination of coun- canals and water lines, and the water facilities of two or ties, cities, and towns. The boards are established per the more irrigation districts. The district is governed by a agreement. These boards receive contributions from the board of directors consisting of a president appointed by participating governments per the creating agreements. the county board and the resident owner of each tract of land involved. The districts levy special assessments and Health districts created by one or two or more counties are charges upon each member irrigation district. not counted as separate governments for Census Bureau purposes. See “Subordinate Agencies and Areas” below. Joint Municipal Utility Authorities Housing Authorities Authorities of this type may be established by agreement between any two or more city, town, county, water-sewer The governing body of any county, city, or town may cre- district, public utility district, other special purpose district, ate a housing authority by resolution. Joint city-county municipal corporation, or other unit of local government of housing authorities are created by agreement between the this or another state that provides utility services. Indian city and county governing bodies. County housing author- tribes recognized as such by the U.S. government may ity boards are appointed by the county governing body. participate in these agreements. The composition of the City or town housing authority boards are appointed by appointed joint powers board is specified in the agreement the mayor. Housing authorities may fix rentals and charges establishing the board. The authorities may impose fees, and issue bonds. rates, and charges for its utility services. Member govern- The Columbia Gorge Housing Authority, a joint housing ments also may create local improvement districts or utility authority established with the state of Oregon, is located in local improvement districts to impose and collect assess- and counted as a separate government for Census Bureau ments, and to issue bonds and notes. purposes in Oregon. Joint Operating Agencies for Electric Power Hydroelectric Resources Authorities These agencies may be established by any combination of These authorities to build, operate, and maintain hydro- two cities or public utility districts to develop and sell elec- electric facilities are created by agreement between one tric power. The system board of directors consists of one or more irrigation districts and any combination of cities, representative from each of the participating governments. towns, or public utility districts. The composition of the The system board may fix rates and charges for the sale
Governments—Individual State Descriptions Washington 293 of power and may issue revenue bonds. The Conservation also levy a retail sales and use tax and a motor vehicle and Renewable Energy System and Energy Northwest were excise tax for public transportation purposes upon voter established under this legislation. approval. A 1-year property tax may only be submitted for voter approval at the establishing election. If income Library Districts is insufficient, participating towns and cities make supple- Washington statutes authorize the following types of mental payments to the corporation. No metropolitan library districts that are counted as governments for municipal corporations were reported in operation as of Census Bureau purposes: June 30, 2012.
Intercounty rural library districts are formed by identical Local improvement districts or utility local improvement resolutions of the boards of two or more county com- districts may be established by the metropolitan municipal missioners or by majority vote of the county commis- corporations. They are classified as dependent activities of sioners in joint session after voter petition and approval. the metropolitan municipal corporations for Census Bureau The district board of trustees is appointed jointly by the purposes and are not counted as separate governments for participating county boards. District finances and pow- Census Bureau purposes. ers are the same as for rural library districts. Metropolitan Park Districts Island library districts are established in counties with A district is established by referendum initiated either by fewer than 25,000 in population and consisting solely of petition of the voters or by the city council. An elected islands (San Juan) upon petition of voters to the county board of park commissioners governs each district. The commission and after voter approval. A board of trust- districts may levy ad valorem taxes and issue revenue ees appointed by the county commissioners governs bonds. Voter approval is necessary for bond issues that each district. The districts may levy ad valorem taxes exceed a specified percentage of the assessed value of the and issue bonds. property in the district. Regional libraries are formed by action of the governing bodies of any two or more counties, cities, towns, inter- Mosquito Control Districts county rural library districts, island library districts, rural These districts may be established upon petition of voters county library districts, or rural partial-county library to the county commissioners or by resolution of intent by districts. The intergovernmental agreement establish- the board of county commissioners, followed by hear- ing the regional library specifies the membership of ing and voter approval. A board of trustees appointed by the library board. Expenses of the regional library are the governing bodies of the participating counties and apportioned among the participating governments as cities governs each district. The districts may, with voter provided in the agreement. approval, issue general obligation bonds and levy ad valorem taxes. Rural county library districts are established in unin- corporated areas by the county commissioners after Park and Recreation Districts petition of voters and voter approval. A board of library trustees appointed by the county commissioners gov- These districts may be formed upon petition of voters. erns each district. The districts may levy ad valorem Creation requires resolution of the municipal governing taxes and issue bonds. Rural partial-county library dis- body, a public hearing, and a referendum. A popularly tricts may be formed to serve a portion of the unincor- elected board of commissioners governs each district. porated area of a county. The districts may fix rates and charges and issue revenue bonds. Upon voter approval, the districts may levy ad Metropolitan Municipal Corporations valorem taxes and issue general obligation bonds.
General law provides that any area containing two or Park districts may create local improvement districts. The more cities, one of which is a city of 10,000 or more, may local improvement districts are classified as dependent organize as a metropolitan municipal corporation for one activities of the park and recreation districts and are not or more of the following metropolitan functions: sewage counted as separate governments for Census Bureau disposal, water supply, public transportation, garbage purposes. disposal, parks and parkways, and planning. Establishment is by approval of the voters at an election that has been Port Districts called either by participating local governments or by Port districts are established by an election that is called by voter petition. A metropolitan council consisting of elected the board of county commissioners upon petition of voters officials of the component counties and cities governs or on its own initiative. Port districts furnish airport or port each corporation. Metropolitan municipal corporations facilities and promote the use of such facilities. An elected may fix fees and charges, issue revenue bonds, and, with port commission governs each district. The districts may voter approval, issue general obligation bonds. They may
294 Washington Governments—Individual State Descriptions fix rates and charges, levy ad valorem taxes, and issue Unincorporated public transportation benefit areas are not revenue bonds. Port districts may enter into agreements counted as separate governments for Census Bureau pur- with local governments for the purpose of exercising the poses. See “Subordinate Agencies and Areas” below. powers of a community renewal agency. Public Utility Districts Industrial development districts, as well as local improve- ment districts, may be established by and within a Districts for the conservation and the supply of domestic port district as a dependent activity of the port district. and irrigation water and electric light and power are cre- Property tax levies for industrial development require voter ated by a resolution of or a petition to the board of county approval. Industrial development districts, local economic commissioners after voter approval. An elected board of development finance authorities, public corporations for public utility commissioners governs each district. The economic development, and local improvement districts districts may set rates and fees, levy ad valorem taxes, and are not counted as separate governments for Census issue both revenue and general obligation bonds. Bureau purposes. Local utility districts with the power to levy benefit assess- ments may be established as dependent activities of the Public Facilities Districts—1988 law parent public utility district. They are not counted as sepa- Under the 1988 law, public facilities districts may be cre- rate governments for Census Bureau purposes. ated by county resolution. Each district is governed by a board of directors appointed by the governing body Regional Fire Protection Authorities of the county, the governing body of the largest city in Any two or more adjacent fire protection jurisdictions the county, and/or by the Governor based on population (fire district, city, town, port district, municipal airport, or requirements. The districts may set fees and issue revenue Indian tribe) may create an authority and convene a plan- bonds. With voter approval, districts may levy lodging ning committee. The planning committee submits a plan taxes and ad valorem taxes and may issue general obliga- and a proposal for ad valorem taxes or benefit charges for tion bonds. voter approval. If the referendum passes, the participating governments appoint representatives to a governing board. Public Facilities Districts—1999 law The authorities may issue general obligation bonds in addi- Under the 1999 law, public facilities districts may be cre- tion to levying ad valorem taxes or benefit charges. The ated by county, city, or town governing bodies singly or authorities also may set charges for ambulance services, if jointly provided that the county or counties involved meet this is a function. population requirements. Each district is governed by a board of directors appointed by the participating govern- Regional Support Networks ments. The districts set fees, issue revenue bonds, and levy Two or more counties may form a regional support net- sales and use taxes and excise taxes. With voter approval, work by interlocal agreement to serve a state designated the districts may levy ad valorem taxes and may issue gen- area per contract with the state secretary of the depart- eral obligation bonds. ment of social and health services. Tribal authorities may be included in the agreement. The networks contract Public Hospital Districts with licensed mental health service providers and also These districts may be established upon resolution of or may serve as a licensed service provider. The member- petition to the board of county commissioners after voter ship of each governing board is set by the creating agree- approval. An elected board of commissioners governs ment. The networks are funded by fees fixed by the state each district. The districts may fix rates and issue general and funds from the federal, state, and participating local obligation and revenue bonds. With voter approval, the governments. districts may set and levy ad valorem taxes. Regional support networks created by a single county are Public Transportation Benefit Area Authorities not counted as separate governments for Census Bureau purposes. See “Subordinate Agencies and Areas ” below. In These authorities are created by resolution of the county addition, private entities may serve as the regional support commissioners upon recommendation of a transportation network, these are not counted as separate governments improvement conference (consisting of city council repre- for Census Bureau purposes. sentatives and county commissioners) and public hearing. The authority board consists of elected officials selected Regional Transit Authorities by the governing bodies of component cities and counties. This law has special application to the Central Puget The authorities may fix rates and fares. Authorities provid- Sound area. Two or more contiguous counties each with a ing ferry service may, with voter approval, levy a motor population of 400,000 or more may initiate the process of vehicle excise tax and a sales and use tax. creating a high capacity transportation system by passing
Governments—Individual State Descriptions Washington 295 resolutions. Referendum, including approval of proposed In the listing below of authorized county-related agencies, taxes, is required. Each authority is governed by a board an asterisk (*) appears for each entity of this kind—i.e., consisting of county and municipal officials serving ex any that may individually serve a portion rather than all officio and appointed by the county executive with confir- of a county and for which a tax may be levied against the mation by the county governing body. The state secretary assessed value of the property in the area served. of transportation also serves on the board. The authorities Conservation districts (county)—These districts are may fix rates, tolls, fares, and charges. The authorities established to provide soil and water conservation services may issue general obligation bonds, special assessment upon petition of landowners to the state conservation com- bonds, and revenue bonds. The voters may approve addi- mission after public hearing and voter approval. A board tional taxes to fund an authority. The Central Puget Sound of supervisors, three elected and two appointed by the Regional Transit Authority was created under this law to state conservation commission, governs each district. A serve King, Pierce, and Snohomish counties. conservation district has no independent revenue raising Regional transit authorities may create local improvement powers, but it may accept contributions, receive special districts and impose special assessments within the dis- assessments collected by the county, and manage and tricts. Local improvement districts and commissions, public lease property. corporations, or other authorities created by a regional Public stadium authorities (state)—These authorities transit authority are not counted as separate governments may be created upon resolution of any county with a letter for Census Bureau purposes. of intent with a team affiliate. Each authority is governed Water-Sewer Districts by a board of directors appointed by the Governor. The authorities may set fees and charges. The state may issue Water-sewer districts, which may be known as water-sewer bonds on behalf of the authority with voter approval. The districts, water districts, or sewer districts, may include Washington State Public Stadium Authority was created one or more counties, cities, towns, or other political sub- under this act. divisions. They may provide water supply, sanitary sewer systems, fire protection, and street lighting. The districts Washington Health Care Facilities Authority (state)— are created upon petition of voters to the board of county This authority was established by special act to assist and commissioners, followed by a hearing and voter approval. encourage the building and maintenance of modern health An elected board of commissioners governs each district. care facilities. The authority governing body consists of The districts may levy special benefit assessments, fix the governor, the lieutenant governor, the insurance com- rates and charges, issue bonds, and submit property tax missioner, the secretary of health, and a public member levies to the voters. Water-sewer districts may merge into appointed by the governor. The authority may set fees and irrigation districts. charges for services and may issue revenue bonds.
Local improvement districts or utility local improvement Washington State Housing Finance Commission districts may be created within a water-sewer district as (state)—This commission was created by act of the legis- dependent activities of the parent water-sewer district. lature to provide mortgage credit for low- and moderate- They are not counted as separate governments for Census income housing. The commission consists of 11 mem- Bureau purposes. bers, nine of whom are appointed by the Governor, the state treasurer, and the director of community, trade, and SUBORDINATE AGENCIES AND AREAS economic development ex officio. The commission may fix fees and charges in connection with the provision of Shown below are various governmental designations in mortgage credit and may issue bonds. Washington that have certain characteristics of governmen- tal units but that are classified in Census Bureau statistics Other examples include: as subordinate agencies of the state or local governments State1 and are not counted as separate governments. Legal provi- sions for some of the larger of these are discussed below Economic Development Finance Authority (see “Public School Systems” above regarding educational Innovate Washington agencies of this nature). Life Sciences Discovery Fund Authority Among the subordinate agencies and areas listed below, Pioneer Square-International District some represent “special taxing areas” within the territory of Puget Sound Partnership an established government. This method of financing addi- tional services in limited areas by property taxation, while Regional transportation investment districts also used by some municipal and township governments in Tobacco Settlement Authority a few states, is more widely utilized by county governments. Washington Higher Education Facilities Authority
296 Washington Governments—Individual State Descriptions Washington State Building Authority Solid waste disposal districts—1982 law Washington State Horse Park Authority Television reception improvement districts
County Transportation benefit districts—1987 law (county) Unincorporated transportation benefit areas Boards of law library trustees Utility local improvement districts Community councils (for unincorporated areas of island Water conservancy boards counties) Weed control districts County airport districts governed by county commissioners County hospital boards of trustees (may be joint with city) Municipal2
County park and recreation boards Cemetery board of trustees *County park and recreation service areas Community preservation and development authorities County public transportation authorities Community renewal agencies County rail districts Downtown and neighborhood commercial districts County road districts Flood control districts—1935 act County road improvement districts Lake management districts Cultural arts, stadium, and convention districts (single Local improvement districts county) Market Preservation and Development Authority Drainage, diking, or sewerage improvement dis- Multipurpose community centers (municipal) tricts—1913 law Parking and business improvement areas (municipal) Emergency medical service districts Parking commissions Emergency service communication districts Public corporations—1974 law (municipal) * Flood control districts Public corporations for economic development—1981 law Flood control zone districts (municipal) Health districts Transportation benefit districts—1987 law (municipal) Health sciences and services authorities Urban emergency medical service districts Intercounty weed districts Utility local improvement districts Lake and beach management districts Other Library capital facility areas Multipurpose community centers (county) Public corporations established by port districts are clas- Parking and business improvement areas (county) sified as dependent activities of the port districts and are not counted as separate governments for Census Bureau Public corporations—1974 law (county) purposes. Public corporations for economic development—1981 law (county) Washington laws also provide for various types of local areas for election purposes and administration of justice. Public waterway districts 1 Legislation authorizing the Home Care Quality Authority was Regional support networks repealed in 2011. River and harbor improvement districts 2 The 1953 legislation authorizing flood control districts has been repealed, but existing districts may continue to operate. Service districts (for bridge and road improvements) Shellfish protection districts Solid waste collection districts—1971 law
Governments—Individual State Descriptions Washington 297 West Virginia
West Virginia ranks thirty-ninth among the states in number contributions, federal funds, gifts, and grants. Multicounty of local governments with 659 active as of June 30, 2012. regional educational service agencies are classified as joint educational service agencies of the participating school dis- COUNTY GOVERNMENTS (55) tricts and are not counted as separate governments. There are no areas in West Virginia lacking county govern- SPECIAL DISTRICT GOVERNMENTS (317) ment. The county governing body is called the county commission. West Virginia statutes authorize the creation of a variety of special districts or authorities that are counted as govern- SUBCOUNTY GENERAL PURPOSE ments. These are discussed in detail below. GOVERNMENTS (232) Airport Authorities (regional) Municipal Governments (232) General law provides that regional airport authorities may Municipal governments in West Virginia are the cities, be established by the governing bodies of two or more towns, and villages. Cities are divided according to popula- contiguous municipalities or counties. A board appointed tion size into the following classes: by the participating governments governs each author- • Class I —More than 50,000 inhabitants ity. The authority may fix and collect service charges, and issue revenue bonds. • Class II—10,001 to 50,000 inhabitants • Class III—2,001 to 10,000 inhabitants The following airport authorities were authorized by special act: • Class IV (towns and villages)—2,000 inhabitants or fewer Benedum Airport Authority, established by the county courts of Harrison and Marion Counties, was authorized To incorporate, a population of 100 is required for an area by special act. The respective county commissions each less than one square mile; 500 residents per square mile appoint three board members to the authority. The are required for an area of one square mile or more. authority may receive rentals and charges, and may Municipalities with a population of more than 2,000 may issue revenue bonds. elect to operate under a home rule charter. Potomac Highlands Airport Authority was authorized Township Governments (0) by a special act. The authority is governed by a board of two members appointed by the commissioners West Virginia has no township governments. of Mineral County and five members appointed by Maryland jurisdictions. The authority may impose fees PUBLIC SCHOOL SYSTEMS (55) and borrow money.
School District Governments (55) The Tri-State Airport Authority was created by a special Each county in West Virginia constitutes a school district. act to operate an airport in Wayne County. Its governing The county school districts are counted as governments. body is appointed by the participating counties and cit- An elected county board of education governs each district. ies in Cabell and Wayne Counties. The authority may fix The board may levy ad valorem taxes and issue bonds. user charges and issue revenue bonds. Single-county airport authorities are not counted as separate Dependent Public School Systems (0) governments. See “Subordinate Agencies and Areas” below. West Virginia has no dependent public school systems. Coal Heritage Highway Authority Other Educational Activities This authority was created by an act of the state legislature Multicounty regional educational service agencies may be to promote economic development and tourism along the established by the state board of education to provide spe- national scenic byway known as the coal heritage trail. The cial educational and other services. The governing board of board consists of one member appointed by each of the each agency is selected in accordance with state board of county commissions of Fayette, Mercer, McDowell, Raleigh, education regulations. These agencies may receive county and Wyoming Counties and one member appointed by the
298 West Virginia Governments—Individual State Descriptions state secretary of education and arts. The authority may fix Hatfield-McCoy Regional Recreation Authority and collect fees for the use of its facilities. This authority was created by a special act to manage Conservation Districts a system of recreational trails in a seven-county area in the southern part of the state. It is governed by a board Conservation districts are created by the state conservation appointed by each participating county. The authority may committee on petition of landowners and after referendum. fix and collect fees, and may issue revenue bonds. A board of supervisors, consisting of one elected member from each county wholly or partially located within the dis- Housing Authorities trict and two members appointed by the state committee, A general law provides for the creation of housing authori- governs each district. The districts may require contribu- ties by a city or county governing body on its own initia- tions from benefited landowners. tive or on petition of residents. A board of commission- In addition, watershed improvement districts may be ers appointed by the mayor (in the case of city housing formed as subdistricts of a conservation district upon peti- authorities) or the county commission (in the case of tion and after hearing. The supervisors of the overlying county housing authorities) governs each authority. conservation district govern the watershed conservation Additionally, any combination of counties and cities may district. A watershed improvement district is not counted form regional housing authorities governed by jointly as a separate government. appointed boards. Housing authorities may issue bonds and fix and collect rents and charges. Housing authorities Corridor G Regional Development Authority may undertake redevelopment activities as well as provide assisted housing. This authority was created by a special act to advance industrial, commercial, agricultural, and recreational Hughes River Water Board development in the counties of Boone, Lincoln, Logan, and Mingo. It is governed by a 16-member board appointed by This board was created by a special act to provide water the participating counties. The authority may fix and col- supply and water treatment to the municipalities of Cairo, lect fees for its services, and issue revenue bonds. Harrisville, and Pennsboro. It consists of one member appointed by each municipality. The board may fix and Drainage, Levee, and Reclamation Districts collect fees for the sale of water, and may issue revenue bonds. These districts provide flood control and reclamation of swampland. The districts may be created by the circuit Public Library Boards court on petition of landowners after hearing. An elected board of supervisors governs each district. The districts A number of public libraries have been created by spe- may issue bonds and levy special benefit assessments. cial acts. The governing boards always include members appointed by the county board of education, usually Greater Huntington Park and Recreation include members appointed by the county, and may District include municipal appointees. Funding is established by This district was created by a special act. An elected board the authorizing special act in the form of mandatory tax of park commissioners governs the district. The district levies by the member governments. In some cases, the may levy ad valorem taxes, impose fees, and issue rev- public library board can set the tax within limits. enue bonds. Public library boards created under general law are classi- fied as dependent agencies of the creating government or Greenbrier, Monroe, and Pocahontas Multi- governments. See “Subordinate Agencies and Areas” below. County Economic Development Authority This authority was created by special act to provide eco- Public Service Districts nomic development for the three-county area. It is gov- These districts provide water, sewerage or stormwater ser- erned by a board of at least 12 directors consisting of the vice, gas distribution service, or any combination thereof. presidents of the three county governments and at least The districts may be established by the county commission nine members appointed jointly by the county presidents (on its own motion, on recommendation of the public ser- and the corporate members of the authority. The author- vice commission, or on petition of voters) after public hear- ity receives a statutorily mandated per capita contribution ing, local referendum upon voter demand, and approval of from each member county and annual dues from its corpo- the public service commission. A board of three or more rate members. The authority may issue revenue bonds. members governs each district; with each participating municipal government appointing one or more members according to population. If fewer than three members rep- resent participating governments, the county commission
Governments—Individual State Descriptions West Virginia 299 appoints additional members so that the total number of Urban renewal authorities (municipal and county)— district board members will be three or more. The district These authorities may be created by the governing body may fix and collect charges, and issue revenue bonds. of a municipality or a county. A board of commissioners administers each authority; its members are appointed Regional Water and Wastewater Authorities by the mayor with the consent of the municipal govern- These districts may be created by any combination of ing body (in the case of a city urban renewal authority) or counties, municipalities, public service districts, or other by the county commission (in the case of a county urban political subdivisions of the state after approval by the renewal authority). Regional urban renewal authorities state public service commission. The board members are may be created by two or more municipalities or coun- appointed by the participating public agencies. The author- ties. Municipal or county governments within the area of ities may issue bonds, and fix and collect fees. operation of an authority may levy taxes or issue bonds to obtain funds for redevelopment purposes. The author- Authorities of this type that lack fiscal or administrative ity board may fix and collect rentals, and issue revenue autonomy are not counted as separate governments. See bonds. Plans require the approval of the creating govern- “Subordinate Agencies and Areas” below. ments. These authorities also may be called slum clearance authorities. Sanitary Districts West Virginia Hospital Finance Authority (state)— Sanitary districts provide sewerage facilities. These districts This authority was created by act of the legislature to may be established in areas that contain one or more cities, finance hospital facilities. The seven-member board is com- towns, or villages by the county commission on petition of posed of five members appointed by the Governor, plus the voters and after hearing and referendum. A board of trust- state treasurer and the director of the state department of ees appointed by the county commission with approval of health. The authority may fix and collect fees, and issue the council of the largest municipality therein governs each revenue bonds. district. The districts may issue bonds after referendum, establish rates and charges, and levy property taxes. West Virginia Housing Development Fund (state)— This agency was formed by act of the legislature to provide Solid Waste Authorities mortgage credit for low- and moderate-income housing. The 11-member board of directors consists of seven mem- Two or more counties, with the approval of the state solid bers appointed by the Governor, plus the attorney general, waste management board, may establish a regional solid the commissioner of agriculture, the state treasurer, and waste authority. A board of directors appointed by vari- the Governor. The fund may fix and collect fees in connec- ous state and local officials governs each authority. The tion with its loans, and issue revenue bonds. authorities may fix rentals and charges for their services, and issue revenue bonds. West Virginia Parkways Authority (state)—This authority was established by act of the legislature to Counties not participating in a regional solid waste author- construct, operate, and maintain highway projects. The ity have county solid waste authorities created by a January authority board consists of six members appointed by the 1, 1989, law. These authorities are not counted as separate Governor with the consent of the Senate, plus the State governments. See “Subordinate Agencies and Areas” below. Secretary of Transportation. The authority may fix and col- Urban Mass Transportation Authorities lect tolls, fees, and rents, and may issue revenue bonds. These authorities to provide and operate transit systems Other examples include: may be created by ordinance of one or more county or State1 municipal governing bodies. A board appointed by the governing bodies of the constituent governments governs Educational Broadcasting Authority each authority. The authority may impose charges for ser- Local port authorities vices and issue revenue bonds. State Armory Board SUBORDINATE AGENCIES AND AREAS The State Building Commission of West Virginia West Virginia Affordable Housing Trust Fund Shown below are various governmental designations in West Virginia that have certain characteristics of govern- West Virginia Agricultural Land Protection Authority mental units, but that are classified in Census Bureau sta- West Virginia Community Infrastructure Authority tistics as subordinate agencies of the state or local govern- West Virginia Economic Development Authority ments and are not counted as separate governments. Legal West Virginia Health Care Cost Review Authority provisions for some of the larger of these are discussed below (see “Public School Systems” above regarding educa- West Virginia Investment Management Board tional agencies of this nature). West Virginia Jobs Investment Trust Board
300 West Virginia Governments—Individual State Descriptions West Virginia Public Energy Authority Mercer County Tourist Train Authority West Virginia Public Port Authority New River Parkway Authority West Virginia Regional Jail and Correctional Facility Regional library boards Authority Regional water and wastewater authorities (lacking West Virginia School Building Authority autonomy) West Virginia Solid Waste Management Board (formerly Shawnee Parkway Authority West Virginia Resource Recovery-Solid Waste Disposal Solid waste authorities (single county) Authority) Municipal2, 3 West Virginia State Rail Authority (formerly West Virginia Railroad Maintenance Authority) Boards of park and recreation commissioners (excluding West Virginia Traumatic Brain and Spinal Cord Injury Greater Huntington Park and Recreation District) Rehabilitation Fund Board City library boards West Virginia Water Development Authority Community improvement districts (municipal)
County Emergency ambulance service authorities Historic landmarks commissions (municipal) Airport authorities (single county) Hospital boards (municipal) Coalfields Expressway Authority Municipal boards of health Community improvement districts (county) Municipal building commissions County boards of health Municipal development authorities County building commissions Municipal waterworks and electric power systems County development authorities Regional water and wastewater authorities (lacking County Economic Opportunity Development Districts autonomy) County farmland protection boards Sanitary boards County fire boards Wheeling Centre Market Commission County library boards Joint Municipal-County County parks and recreation commissions County waterworks and electric power systems Berkeley County Roundhouse Authority Emergency ambulance service authorities—1975 law Municipal-county building commissions
Emergency operations center boards in Kanawha, Cabell, West Virginia laws also provide for various types of local and Mercer Counties areas for election purposes and administration of justice.
Historic landmarks commissions (county) 1 Legislation authorizing the Public Land Corporation was Hospital boards (county) repealed in 2007 and legislation authorizing the Blennerhassett Island Historical State Park Commission was repealed in 2008. Marshall County Activities Development Authority 2 Ceredo-Kenova Flood Wall Board was removed because cities own their own floodwalls. 3 Legislation authorizing downtown redevelopment districts was repealed in 2008.
Governments—Individual State Descriptions West Virginia 301 Wisconsin
Wisconsin ranks tenth among the states in number of local governments. Towns encompass the entire area of the governments with 3,128 active as of June 30, 2012. state, except for areas within the boundaries of cities or villages. Milwaukee County consists entirely of cities and COUNTY GOVERNMENTS (72) villages and has no towns. The Town of Menominee and There are no areas in Wisconsin lacking county govern- Menominee County are coterminous; however, each gov- ment. The county governing body is called the county ernment is a separate entity and each is counted separately board of supervisors. in Census Bureau statistics. Each town is governed by a town board of supervisors. SUBCOUNTY GENERAL PURPOSE Towns may exercise the powers of a village by resolution GOVERNMENTS (1,851) of the town meeting. The subcounty general purpose governments consist of municipal (city and village) governments and town PUBLIC SCHOOL SYSTEMS (443) governments. School District Governments (440) Municipal Governments (596) The following types of school districts in Wisconsin are The term “municipality,” as defined for Census Bureau sta- counted as separate governments for Census Bureau tistics on governments, applies only to cities and villages. purposes: Municipalities in Wisconsin have home rule. Towns, to • Common school districts which the term “municipality” is applied by some Wisconsin • Unified school districts statutes, are counted for Census Bureau purposes as town- ships, rather than municipal governments (see below). • Union high school districts Cities and villages exist outside the area of any town. • First class city school districts Cities are divided into the following four classes: • Technical college districts
• First class—150,000 inhabitants or more School districts in first class cities were created under gen- • Second class—39,000 to 149,999 inhabitants eral law with special application. All four types of school • Third class—10,000 to 38,999 inhabitants districts above are administered by elected school boards. The school boards may issue bonds and levy local property • Fourth class—fewer than 10,000 inhabitants taxes. The taxes to be levied for common and union high The minimum population requirement for the incorpora- school districts are determined at the annual district meet- tion of a village is 150. For the incorporation of villages ing. School boards may create recreation boards, which are within a metropolitan community (an area containing a dependent agencies of the creating school board. city or 2 cities with borders no more than 5 miles apart The technical college districts are administered by boards and with an aggregate population of 25,000 or more), the selected by the governing bodies of the participating minimum population is 2,500 for an area covering 2 square school districts or by the chairs of the county boards of miles and a population density of at least 500 persons per supervisors of participating counties. The districts may square mile. levy property taxes and issue bonds. Sixteen such districts Villages may convert to cities upon meeting certain require- encompass the entire state. ments. Villages outside a metropolitan area must have a population of 1,000 and a density of 500 people per Dependent Public School Systems (3) square mile before obtaining city status. Villages within a Wisconsin statutes provide for the following types of metropolitan community must have a population of 5,000, dependent public school systems: an area of 3 square miles, and a density of at least 750 persons per square mile before converting to city status. Systems dependent on county governments (3): • County handicapped children’s education boards Town or Township Governments (1,255) Governmental units in Wisconsin designated as “towns” These boards are established and appointed by the county are counted in Census Bureau statistics as township board of supervisors. The boards receive the proceeds of
302 Wisconsin Governments—Individual State Descriptions county tax levies. These boards are classified as dependent Intergovernmental Commissions agencies of county governments and are not counted as Under the state’s intergovernmental cooperation law, the separate governments for Census Bureau purposes. state, local governments, specified special districts, and Other Educational Activities specified local agencies may contract to jointly exercise powers. Legally separate entities created pursuant to this Cooperative educational service agencies act primarily as law are counted in Census Bureau statistics as special intermediaries between the state and the local school dis- districts. The selection and composition of the governing tricts. Services are furnished to school districts within their board and the specific duties and powers delegated to boundaries on a contractual basis. A board of control, cho- these entities are specified in the creating agreement. sen by and from the participating school district boards, governs each agency. Cooperative educational service Joint Local Water Authorities agencies are classified as joint educational service agencies A local government unit may establish a joint local water of the participating school districts and are not counted as authority by contracting with another local government separate governments. unit or federally recognized Indian tribe or band in the SPECIAL DISTRICT GOVERNMENTS (765) state. Local governmental units are defined for this pur- pose as any county, city, village, town, town sanitary Wisconsin statutes authorize the creation of a variety of district, or water utility district and any public inland lake special districts or authorities that are counted as govern- protection and rehabilitation district possessing town ments. These are discussed in detail below. sanitary district powers. A board of directors governs each district, with the selection of board members and length of Community Development Authorities terms decided by the creating governing bodies. The dis- These authorities provide public housing and urban trict board may issue bonds and collect fees for services. renewal. They are established by resolution or ordinance of the governing body of any city, village, or town. A board Local Cultural Arts Districts of seven members appointed by the mayor, two of whom Local cultural arts districts created by cities are established are members of the city council ex officio, governs each by resolution, a copy of which is delivered to the governor. authority. Community development authorities may fix A board of commissioners governs each district; the selec- charges and rents, and issue bonds. tion process is determined by the city council in which the district resides. These districts may issue bonds and collect County Drainage Districts fees for services. Landowners may petition the county circuit court to orga- nize a drainage district. Each county has one county drain- Local Exposition Districts age board, which is appointed by the county circuit court. These districts establish and maintain exposition centers The county drainage board governs all drainage districts and facilities. The districts are created by resolution of a in the county. County drainage boards may levy benefit county, city, village, or town government separately or assessments and, upon approval of the circuit court, may in combination. A board of directors, appointed by the issue bonds. These districts may also be known as “farm participating governments, governs each district. If the drainage boards.” sole sponsoring municipality is a first-class city, additional members are appointed by the governor, and legislature. Drainage districts governed by the city, village, or town Districts may set rates and charges and may issue bonds. governing body ex officio are not counted as separate gov- For example, the Wisconsin Center District was created ernments. See “Subordinate Agencies and Areas” below. under this law. Housing Authorities Local Professional Baseball Park Districts County, city, or village housing authorities may be created These districts may be created by resolution of a county with by resolution of the governing body. In addition, 1961 leg- a population of more than 600,000, subject to approval by islation authorized cities to establish housing authorities to the Governor. The jurisdiction of the district includes the provide housing for elderly persons. The authorities are gov- county in which the baseball park resides and any immediate erned by boards of commissioners appointed by the mayor, contiguous county. A board of commissioners governs the the village board, or the county board of supervisors. The district; the members are selected by the Governor, the chief authorities may issue bonds and fix rents. However, some executive officers of each county in the jurisdiction, and city housing authorities have been reorganized by ordinance the mayor of the most populous city in the jurisdiction. The and now operate as a department of the city government, district may issue revenue bonds, levy a sales and use tax, rather than as an independent housing authority. and collect charges for services. The Southeast Wisconsin Professional Baseball Park District was created under this law.
Governments—Individual State Descriptions Wisconsin 303 Local Professional Football Stadium Districts Public Inland Lake Protection and Rehabilitation Districts These districts may be created by resolution of a county with more than 150,000 in population that already has a These districts (often called “lake districts”) may be cre- stadium with a professional team, subject to approval the ated by the county or town board upon landowner petition; Governor. A board of commissioners governs the district; upon resolution of a city council or village board on its members of the board are selected by the chief executive own initiative; or by conversion of a town sanitary district. officers of the most populous city in the county, the county In addition to lake preservation powers, these districts may in which the stadium resides, and any municipality in the have the powers of a town sanitary district. A five-member jurisdiction. The district may levy a sales and use tax, issue board of commissioners governs each district; three mem- bonds, and collect charges for facilities. For example, the bers are elected, one member is appointed by the county Green Bay-Brown County Professional Football Stadium board, and one member is appointed from the governing District was created under this law. body of the town, city, or village within which the largest portion by valuation of the district lies. The districts may Long-Term Care Districts issue bonds, impose special assessments and user charges, These districts were formerly known as “family care dis- and set ad valorem taxes. tricts.” These districts may be established under state law Districts administered by city, town, or village governing by resolution of the county board of supervisors of one bodies ex officio are not counted as separate governments. or more counties. The districts are coterminous with the See “Subordinate Agencies and Areas” below. creating governments; however, more than one may be created by a government. The participating governments Solid Waste Management Boards appoint a board of commissioners. The districts may fix These boards are created by resolution of one county and charges for services. one or more county or municipal governing bodies. Members Metropolitan Sewerage Districts (except the of the boards are appointed by the governing bodies of the Milwaukee Metropolitan Sewerage District) county or counties served. The boards may charge and col- lect fees for its services and facilities, and set ad valorem Proceedings to create these districts are initiated by resolu- taxes. Solid waste management boards may not be created tion of any county, city, village, or town, after public hear- in counties that have a population of 500,000 or more. ing. A board of commissioners governs each district; the county board appoints the commissioners unless the cities, Town Sanitary Districts towns, and villages composing the district agree to appoint These districts are created by the town board upon its own the commissioners or provide for their election. The dis- initiative or upon petition of the landowners within the trict may issue bonds (voter approval is required for bond proposed district, and after public hearing. Also, the state issues if petitioned for), set property taxes, set special department of natural resources may order the establish- benefit assessments, and fix charges for services. ment of a town sanitary district. For a single town dis- Milwaukee Metropolitan Sewerage District trict, the town board determines if the governing board is appointed or elected. For a multiple-town district, the town This district was originally established under a 1921 gen- board with the largest portion of the district makes this eral law with special application. Effective April 1982, the determination. The town citizens may petition to change governing body of this district was reorganized as a single the method of board selection. A sanitary district may col- 11-member commission, with seven members appointed lect charges, set special assessments, set an ad valorem by the mayor of Milwaukee and four members selected by tax, and issue municipal obligations. a council of chief executives of other cities, towns, and vil- lages in Milwaukee County. The district may set ad valorem Lake sanitary districts, also created under this law, include taxes and issue bonds. The district may receive revenue at least 60 percent of the shoreline of a lake that does not from user charges and from the sale of fertilizer. The have a public inland lake district. These districts have both districts may impose assessments on cities, towns, and vil- sanitary district and lake district powers. Town sanitary dis- lages in the district. tricts may convert to public lake inland protection and reha- bilitation districts. A town sanitary district may merge with Municipal Electric Companies a public lake inland protection and rehabilitation district.
These entities may be established by two or more cities, Districts administered by a town governing body ex officio villages, or towns. Each company is governed by a board of are not counted as separate governments. See “Subordinate directors, with one member appointed by each contracting Agencies and Areas” below. municipality. Municipal electric companies may issue bonds, and may fix and revise fees, rates, rents, and charges.
304 Wisconsin Governments—Individual State Descriptions SUBORDINATE AGENCIES AND AREAS the assembly, plus one citizen member appointed by the governor. The commission receives state appropriations. Shown below are various governmental designations that have certain characteristics of governmental units, but Other examples include: that are treated in Census Bureau statistics as subordi- State nate agencies of the state or local governments and are not counted as separate governments. Legal provisions Bradley Center Sports and Entertainment Corporation for some of the larger of these are discussed below (see Flood control boards “Public School Systems” above regarding educational agen- cies of this nature). Forest protection areas Fox River Navigational System Authority City redevelopment authorities (municipal)—These Health Insurance Risk-Sharing Plan Authority authorities may be established by the city council. A board of seven commissioners appointed by the mayor governs Lower Fox River Remediation Authority each authority. No more than two of these commissioners Turnpike corporations may be city officers. An authority may issue bonds and Wisconsin Aerospace Authority lease its facilities. Wisconsin Economic Development Corporation Land conservation committees (county)—These com- County mittees, formerly known as soil and water conservation districts, are established by resolution of the county gov- Boards of harbor commissioners erning body. Each committee consists of the chairperson of Consolidated public library system boards the county agricultural stabilization and conservation com- County park commissions mittee, plus at least two members of the county committee on agriculture and extension education. The land conserva- Dane County Lakes and Watershed Commission tion committee may include any number of county board Federated public library system boards members and up to two persons who are not members of Industrial development agencies the county board. The committees may require contribu- Joint committees for county homes, hospitals, or juvenile tions from landowners for benefits received. detention homes Neighborhood Improvement Districts—These districts Library boards (county) promote orderly development within municipalities. They Mosquito control districts are established on petition of voters and approval of oper- ating plans. An elected board governs each district. With Planning and zoning authorities the approval of the municipal planning commission, the Transit commissions (county) board may levy special assessments. Municipal Wisconsin Health and Educational Facilities Boards of harbor commissioners Authority (state)—This authority was created by act of the legislature to finance health care and postsecondary Boards of public land commissioners education facilities. A board of seven members appointed City or village drainage districts with ex officio boards by the Governor governs the authority. The authority may City park boards fix rents, fees, and charges, and may issue revenue bonds. City sewerage districts Wisconsin Housing and Economic Development Library boards (municipal) Authority (state)—This authority, formerly the Wisconsin Public inland lake protection and rehabilitation districts Housing Finance Authority, was created to provide mort- with ex officio boards gage credit for low- and moderate-income housing. The Transit commissions (city or village) authority is governed by a board of nine members, six of whom are appointed by the governor with the consent of Utility districts (third- and fourth-class cities or villages) the senate, plus the secretary of commerce, the secretary Town of administration, and the chairpersons of the senate and assembly committees on local affairs. The authority may Boards of harbor commissioners make mortgage loans and issue revenue bonds. Library boards (town) Wisconsin State Building Commission (state)—This Public inland lake protection and rehabilitation districts commission was established primarily to administer the with ex officio boards building program of the state and to supervise the leasing Public recreation boards of new state buildings. The commission consists of the Town drainage districts with ex officio boards governor, three state senators, and three representatives to
Governments—Individual State Descriptions Wisconsin 305 Town park commissions Town sanitary districts with ex officio boards Transit commissions (town) Utility districts (town)
Joint
City-county hospital boards Joint library boards Joint sewerage commissions Wisconsin Public Finance Authority
Wisconsin law also provides for various types of local areas for election purposes and administration of justice.
306 Wisconsin Governments—Individual State Descriptions Wyoming
Wyoming ranks thirty-fifth among the states in number of Other Educational Activities local governments with 805 active as of June 30, 2012. Boards of cooperative services may be established to COUNTY GOVERNMENTS (23) provide educational services, including but not limited to, postsecondary education, vocational-technical education, There are no areas in Wyoming lacking county government. adult education, or services for children with disabilities. The county governing body is called the county board of The boards are created by agreement between any com- commissioners. bination of two or more school districts and community college districts. The board members are appointed by the SUBCOUNTY GENERAL PURPOSE boards of trustees of the participating school and commu- GOVERNMENTS (99) nity college districts. The activities of the boards of coop- erative services are financed by ad valorem taxes levied by Municipal Governments (99) the participating school and community college districts. Municipal governments in Wyoming are the cities and Boards of cooperative services are classified as joint educa- towns. First-class cities are municipalities with a population tional service agencies of the participating school districts of 4,000 or more. Municipalities in Wyoming not desig- and are not counted as separate governments. nated as first-class cities are designated as towns. The min- imum population for incorporation is 200. Municipalities in SPECIAL DISTRICT GOVERNMENTS (628) Wyoming have home rule. Wyoming statutes authorize the creation of a variety of special districts or authorities that are counted as govern- Township Governments (0) ments in Census Bureau statistics. These are discussed in Wyoming has no township governments. detail below.
PUBLIC SCHOOL SYSTEMS (55) Cemetery Districts
School District Governments (55) These districts are established by the board of county commissioners upon petition of landowners, public hear- Three types of school districts are authorized in Wyoming: ing, and referendum. A popularly elected board of trustees • Elementary school districts governs each district. The districts may levy taxes, sell lots, and, with voter approval, issue bonds. • Unified school districts • Community College districts Conservation Districts Fremont County is the only county with elementary school These districts are established by the state board of agri- districts, which operate along with unified districts. The culture on petition of landowners and after hearing and governing body is an elected board of trustees. School dis- referendum. An elected board of supervisors governs each tricts in Wyoming may levy taxes and issue bonds. district. The districts may require contributions from ben- efited landowners, and levy taxes upon voter approval. Community college districts may be created after peti- tion to the Wyoming Community College Commission and County Improvement and Service Districts referendum. The governing body is an elected board of trustees. The district may levy property taxes; charge and These districts finance and provide various improvements collect fees and tuition; issue revenue bonds; and, with and services, such as streets, parks, water supply, sewer- voter approval, issue general obligation bonds. age, and solid waste disposal. Districts may be created in unincorporated areas by petition of land owners to the Dependent Public School Systems (0) county commissioners and after hearing and referendum. A popularly elected board of directors governs each district. Wyoming has no dependent public school systems. Board resolutions for proposed improvements are subject
Governments—Individual State Descriptions Wyoming 307 to approval by property owners at public hearing. Districts Joint Powers Boards may levy ad valorem taxes, levy special assessments, fix Boards of this type are established by agreement between and collect user charges, and after voter approval, may any two or more county, municipal, school district, or issue bonds. special district governments. Tribal business councils may Local improvement districts created by county improve- participate in these agreements. The composition of the ment and service districts are administered by the creating appointed joint powers board is specified in the agree- district. They are not counted as separate governments in ment establishing the board. The board may fix fees and Census Bureau statistics. charges, and issue revenue bonds. Member governments also may issue bonds for the benefit of the board. Drainage Districts Predatory Animal Districts Drainage districts are created by the district court on peti- tion of landowners and after a hearing. A board of commis- Each county in Wyoming is a predatory animal district sioners appointed by the district court or locally elected if pursuant to general law. A board of directors elected by the landowners so request, governs each district. The dis- the sheep and cattle ranchers in the district governs each trict may issue bonds and levy special benefit assessments. district. In addition, the county board of commissioners appoints one or more directors. Revenues include preda- Subject to referendum, two or more drainage districts tory animal control fees paid by stock owners on all sheep may cooperate in the operation and maintenance of their and cattle inspected within the district. respective systems. These joint operations are governed by a board of district managers composed of either one or Recreation Districts two members representing each participating district. Recreation districts may be established by school district Fire Protection Districts governing bodies, either independently or jointly, for the purpose of providing a system of public recreation. Such These districts may be established in unincorporated areas districts are governed by a board of trustees appointed by of the county. The districts are established upon landowner the school board(s). Revenues include gifts and donations, petition to the county commission subject to hearing and and a tax levied by the school district(s). referendum. Alternatively, the county commission may propose a district by resolution and subject the question to Resort Districts referendum. A popularly elected board of directors governs each district. The district board establishes its budget, and Districts may be established in unincorporated areas within the county collects the necessary ad valorem taxes. Subject a single county where there is a permanent population of to voter approval, districts may issue bonds. less than 500 people; where no real property is used for manufacturing, electricity generation, or the extraction Hospital Districts or processing of minerals; and where the major economic activity is catering to the recreational and personal needs Hospital districts may be created upon landowner petition of visitors to the area. Establishment is upon petition and to the county, following a hearing, and referendum vote. A subject to vote of landowners and timeshare owners. Each popularly elected board of trustees governs each district. district is governed by a three-member board of directors The districts may fix charges and levy ad valorem taxes. elected by property owners and timeshare owners. The The districts may issue revenue and general obligation districts may levy ad valorem taxes and benefit assess- bonds; general obligation bonds require voter approval. ments; impose an optional sales and use tax; and establish and collect charges for services and for the use of facilities. Irrigation Districts Subject to referendum, the district may issue bonds. Irrigation districts are established by the district court upon petition of landowners and after a hearing. Irrigation Rural Health Care Districts districts are permitted to develop and distribute hydroelec- These districts are established upon landowner petition to tric energy and power. A board of commissioners elected the county commissioners after public hearing and refer- by landowners governs each district. The districts may levy endum. A popularly elected board of trustees governs each special benefit assessments, fix and collect charges, and district. The districts may levy ad valorem taxes and after issue bonds. voter approval, may issue bonds. Subject to referendum, two or more irrigation districts may cooperate in the operation and maintenance of their Senior Citizen Service Districts respective systems. These joint operations are governed These districts may be organized following resolution of by a board of district managers composed of either one or the board of county commissioners or citizen petition. A two members representing each participating district. public referendum is required. Each district is governed by
308 Wyoming Governments—Individual State Descriptions an elected five-member board of trustees. The board may Wyoming Municipal Power Agency levy an ad valorem tax subject to referendum. This agency was authorized by special act and formed by Solid Waste Disposal Districts agreement of the participating cities and towns. The agree- ment specifies the composition of its governing board. The These districts are created upon resolution of the board of agency receives revenue from the sale of power and may county commissioners. A board appointed by the county issue revenue bonds. commissioners governs each district. The district may fix rates for the use of its facilities, and upon voter approval, SUBORDINATE AGENCIES AND AREAS levy an ad valorem tax. Shown below are various governmental designations in Special Museum Districts Wyoming that have certain characteristics of governmen- tal units, but are classified in Census Bureau statistics as These districts may be established upon petition of land- subordinate agencies of the state or local governments and owners to the board of county commissioners and after are not counted as separate governments. Legal provisions public hearing and referendum. A popularly elected board for some of the larger of these are discussed below (See of trustees governs each district. The district may levy ad “Public School Systems” above, regarding educational agen- valorem taxes and issue bonds. Bond issues must have cies of this nature). voter approval. Among the subordinate agencies and areas listed below, Water Conservancy Districts some represent “special taxing areas” within the territory of an established government. This method of financing addi- These districts may be established for the purpose of con- tional services in limited areas by property taxation, while serving, developing, and stabilizing supplies of water for also used by some municipal and township governments domestic, transportation, industrial, manufacturing, irriga- in a few states, is more widely utilized by county govern- tion, power, recreation, and other beneficial uses. Districts ments. In the listing below of authorized county-related may be established by the district court upon petition of agencies, an asterisk (*) appears for each entity of this landowners and after public hearing. A board of directors kind—i.e., any that may individually serve a portion, rather elected by landowners governs each district. The district than all of a county, and for which a tax may be levied may fix rates for the sale or use of water, and levy taxes against the assessed value of property in the area served. and benefit assessments. Bond issues must be approved by the voters. Housing authorities (county or municipal)—Each housing authority is created by action of the governing Water and Sewer Districts body of the county or the municipality it serves. In addi- These districts may be established upon landowner peti- tion, two or more county or municipal governments may tion to the board of county commissioners subject to pub- create a regional housing authority. A board of commis- lic hearing and referendum. Districts may be created for sioners, appointed by the governing body governs each either or both purposes and may include all or a portion of housing authority. Housing authorities may fix rents and the unincorporated area of the county. A popularly elected issue revenue bonds and notes. Housing projects, however, board of directors governs each district. The district may require approval by the parent county or municipal govern- levy ad valorem taxes and special assessments, fix rates ment, not the housing authorities. and charges, and issue bonds with voter approval. Wyoming Community Development Authority (state)— This authority was established to finance the development Watershed Improvement Districts of housing and economic development projects. The author- Districts may be established to provide for the prevention ity is governed by a board of ten directors, seven of whom and control of erosion, flood water, and sediment dam- are appointed by the governor, plus the executive director ages; for agricultural uses; and for the storage, conserva- of the authority, the governor and the state treasurer, who tion development, utilization, and disposal of water. These serve in an ex officio capacity. The authority may lease or districts may be established as subdistricts of one or more sell projects, make mortgage loans, receive fees in connec- conservation districts. Petition is made by landowners tion with its loans, and issue revenue bonds. to the board of supervisors of the conservation district. Wyoming Infrastructure Authority (state)—Created in Formation is subject to hearing and referendum of all quali- 2004, this authority plans, finances, constructs, and oper- fied electors and landowners. Each district is governed by ates electric transmission facilities and related advanced a popularly elected board of directors. After public hearing, technology facilities and supporting infrastructure. The five- the districts may levy benefit assessments. Bonds may be member board is appointed by the Governor, with the advice issued after voter approval. Should the supervising con- and consent of the senate. The authority may establish and servation district be dissolved, the supervisory duties are collect fees, rentals, and other charges for use of its facili- transferred to the state conservation commission. ties. The authority may issue revenue bonds.
Governments—Individual State Descriptions Wyoming 309 Other examples include: Rabies control districts
State Recreation districts (single county) *Regional transportation authorities (single county) Wyoming Business Council Road districts Wyoming Capitol and State Building Commission Surface water drainage utility boards (county) Wyoming Environmental Quality Council *Weed and pest control districts Wyoming Higher Education Assistance Authority Wyoming Natural Gas Pipeline Authority Municipal Wyoming Pari-mutuel Commission Boards of public utilities Wyoming Public Library Endowment Challenge Fund City airport boards Wyoming State Loan and Investment Board Downtown development authorities Wyoming Water Development Commission Health districts administered by city Wyoming Yellowstone Park Commission Industrial development project boards
County Local improvement districts Local improvement districts (underground utilities) County airport boards Recreation districts (single municipality) County museums and collections Street lighting districts Day care centers for special needs children Surface water drainage utility boards (municipal) Fair boards Urban renewal agencies Health districts Industrial development project boards Other Library boards Grazing districts are areas for the administration of the Livestock districts Taylor Grazing Act, a federal statute. They are not counted as governments for Census Bureau purposes. Local improvement districts (underground utilities)
310 Wyoming Governments—Individual State Descriptions Appendix A County-Type Areas Without County Government
Areas with governments legally designated as consolidated city-county governments and operating primarily as cities (12):
Alaska ���������������������������������������������������������������������� Anchorage city and borough, Juneau city and borough, Sitka city and borough, Wrangell city and borough
California ������������������������������������������������������������������ San Francisco city and county
Colorado �������������������������������������������������������������������� Denver city and county, Broomfield city and county
Hawaii ���������������������������������������������������������������������� Honolulu city and county
Kansas ���������������������������������������������������������������������� Kansas City and Wyandotte County, City of Tribune and Greeley County
Montana �������������������������������������������������������������������� Anaconda-Deer Lodge County and Butte-Silver Bow County
Areas designated as metropolitan governments and operating primarily as cities (3):
Tennessee ������������������������������������������������������������������ Hartsville and Trousdale County, Lynchburg and Moore County, Nashville and Davidson County
Areas with certain types of county offices, but included as part of another government (city, township, state) (19):
Florida ���������������������������������������������������������������������� Duval County (Jacksonville city)
Georgia ���������������������������������������������������������������������� Chattahoochee County (Cusseta-Chattahoochee County unified gov- ernment), Clarke County (Athens-Clarke County unified government), Georgetown and Quitman County (Georgetown-Quitman County unified government), Muscogee County (Columbus city), Richmond County (Augusta city), Webster County (Webster County unified government)
Hawaii ���������������������������������������������������������������������� Kalawao County (Hawaii state)
Indiana ���������������������������������������������������������������������� Marion County (Indianapolis city)
Kentucky ������������������������������������������������������������������ Lexington-Fayette Urban County, Louisville-Jefferson County Metro Government
Louisiana ������������������������������������������������������������������ East Baton Rouge Parish (Baton Rouge city), Lafayette Parish (Lafayette city), Orleans Parish (New Orleans city), Terrebonne Parish consolidated government
Massachusetts ���������������������������������������������������������� Nantucket County (Nantucket town), Suffolk County (Boston city)
New York ������������������������������������������������������������������ Bronx, Kings, New York, Queens, Richmond boroughs (all part of New York City)
Pennsylvania �������������������������������������������������������������� Philadelphia County (Philadelphia city)
Governments—Individual State Descriptions Appendix A A-1 Areas classified as a separate county area and as a separate state area in Census Bureau population statistics, but counted as a municipal government in Census Bureau statistics on governments (1):
District of Columbia �������������������������������������������������� Washington city
Cities located outside of any “county” area and administering functions elsewhere commonly performed by counties (42):
Maryland ������������������������������������������������������������������ Baltimore city (distinct from Baltimore County)
Missouri �������������������������������������������������������������������� St. Louis city (distinct from St. Louis County)
Nevada ���������������������������������������������������������������������� Carson City city
Virginia (39 cities) ������������������������������������������������������ Alexandria, Bedford, Bristol, Buena Vista, Charlottesville, Chesapeake, Colonial Heights, Covington, Danville, Emporia, Fairfax, Falls Church, Franklin, Fredericksburg, Galax, Hampton, Harrisonburg, Hopewell, Lexington, Lynchburg, Manassas, Manassas Park, Martinsville, Newport News, Norfolk, Norton, Petersburg, Poquoson, Portsmouth, Radford, Richmond, Roanoke, Salem, Staunton, Suffolk, Virginia Beach, Waynesboro, Williamsburg, Winchester
Unorganized areas bearing county designations (20):
Connecticut (8 county areas with no county government) ������������ Fairfield, Hartford, Litchfield, Middlesex, New Haven, New London, Tolland, Windham
Massachusetts (7 county areas with no county government) ������������ Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, Worcester
Rhode Island (5 county areas with no county government) ������������ Bristol, Kent, Newport, Providence, Washington
Other unorganized county-type areas (11):
Alaska ���������������������������������������������������������������������� Aleutians West, Bethel, Dillingham, Hoonah-Angoon, Nome, Petersburg, Prince of Wales-Hyder, Southeast Fairbanks, Valdez- Cordova, Wade Hampton, Yukon-Koyukuk Census Areas
A-2 Appendix A Governments—Individual State Descriptions Appendix B. Geographical Overlap of Township Governments With Other Governments
Townships’ Presence Within States No Township Cover Part of State Governments Connecticut, Illinois, Indiana, Kansas, Michigan, Some Municipalities Minnesota, Missouri, NA Overlap Townships Nebraska, New York, Ohio, Vermont All territory other than that Alabama, Alaska, Arizona, served by municipalities: Arkansas, California, Municipal Massachusetts, New Jersey, Colorado, Delaware, Florida, Governments’ Pennsylvania, Rhode Island, Georgia, Hawaii, Idaho, Overlap With Wisconsin Iowa, Kentucky, Louisiana, Township No Geographical Overlap Maryland, Mississippi, Governments All territory except for Between Municipalities areas served by municipali- Montana, Nevada, New and Townships ties and areas without any Mexico, North Carolina, government: Maine, New Oregon, Oklahoma, South Hampshire, North Dakota, Carolina, Tennessee, Texas, South Dakota Utah, Virginia, Washington, West Virginia, Wyoming, District of Columbia*
NA Not applicable. * Municipality
Governments—Individual State Descriptions Appendix B B-1 Appendix C. Persons Who Reviewed the Individual State Descriptions
The following persons were consulted by the U.S. Census Ms. Laura Simmons, Bureau, in direct cooperation with the State Data Centers, Office of Management and Budget concerning the completeness and accuracy of the State of Delaware Individual State Descriptions. These reviewers gave gen- District of Columbia erously of their time and effort, and their comments and suggestions were extremely valuable. However, responsi- Dr. Joy E. Phillips, PhD., bility for the classification of a particular government or DC Office of Planning agency, and for the definitions and the criteria applied in Florida this report, rests with the Census Bureau. Mr. Jerry Heijkoop, The Census Bureau greatly appreciates the work of the Florida State Data Center State Data Center leads to facilitate these reviews. This Florida Department of Economic Opportunity cooperative effort was an integral part in improving the Hawaii quality of the Individual State Descriptions. Ms. Jan Nakamoto, Alaska Hawaii Department of Business Mr. Eddie Hunsinger, Economic Development and Tourism Alaska Department of Labor and Workforce Development Illinois Arizona Illinois State Data Center Mr. Allen L. Barnes, Illinois Department of Commerce and Economic Arizona State Data Center Opportunity Arizona Department of Administration Indiana Employment and Population Statistics Ms. Carol Rogers, Dr. Qigui “Jim” Chang, Ph.D., Kelley School of Business Office of Employment and Population Statistics Indiana University Arizona Department of Administration Ms. Katie Springer, Mr. Bret H. Parke, State Data Center Program Governor’s Regulatory Review Council Indiana State Library Arizona Department of Administration Ms. Sylvia Watson, Ms. Jessica A. Ross, Legal Consultant and Counsel to the Indiana State Library Governor’s Regulatory Review Council Arizona Department of Administration Kansas Mr. Peter Haxton, Mr. Paul Shannon, Kansas State Data Center Assistant Director—Budget, Director’s Office State Library of Kansas Arizona Department of Administration Kentucky Connecticut Ms. Sarah Ehresman, Mr. Michael R. Howser, Kentucky State Data Center Connecticut State Data Center University of Louisville University of Connecticut Libraries Ms. Janet Kelly, Mr. Brian Perchal, Kentucky State Data Center Connecticut State Data Center University of Louisville University of Connecticut Libraries Louisiana Delaware Ms. Robin Boatright, Ms. Connie Holland, Poynter Legislative Research Library Office of Management and Budget Louisiana House of Representatives State of Delaware
Governments—Individual State Descriptions Appendix C C-1 Ms. Robyn Cockerham, Mr. Kevin Iverson, Poynter Legislative Research Library North Dakota Census Office Louisiana House of Representatives North Dakota Department of Commerce
Ms. Tai Istre, Ohio Louisiana State Data Center Mr. Steven Kelley, Division of Administration Office of Research Office of Technology Ohio Development Services Agency
Ms. Marilyn Kitchell, Oregon Poynter Legislative Research Library Ms. Alice LaViolette Louisiana House of Representatives Oregon State Library Ms. Elisa L. Naquin, Ms. Kate McGann Poynter Legislative Research Library Oregon State Library Louisiana House of Representatives Pennsylvania Ms. Frances Thomas, Director, Poynter Legislative Research Library Ms. Susan D. Copella, Louisiana House of Representatives Pennsylvania State Data Center Penn State Harrisburg Maine Mr. John R. Maurer, Ms. Amanda Rector, Pennsylvania State Data Center Maine State Data Center Penn State Harrisburg Maine State Planning Office Mr. Larry Meyers, Maryland Pennsylvania State Data Center Mr. Jim Peck, Penn State Harrisburg Research and Information Management Maryland Municipal League Rhode Island Mr. Joseph Coduri, Ms. Jane Traynham, Division of Municipal Finance Maryland Department of Planning Rhode Island Department of Revenue Minnesota Mr. Vincent Flood, Ms. Susan Brower, Rhode Island Department of Administration Minnesota State Data Center Planning Information Center Minnesota Department of Administration South Carolina Mr. James W. Hibbs, Mr. Mike Macfarlane, Minnesota State Demographic Center South Carolina Office of Research and Statistics Ms. Mary Pat Olsen, South Dakota Minnesota Department of Education Dr. Michael McCurry, Mississippi South Dakota State University Mr. Clifford P. Holley, Tennessee Center for Population Studies The University of Mississippi Mr. Josh Jones, Municipal Technical Advisory Service New Hampshire University of Tennessee Ms. Joanne Cassulo, Mr. Robert T. Lee, Office of Energy and Planning Office of General Counsel North Dakota Comptroller of the Treasury
Mr. Justin Dever, Ms. Libby McCroskey, Office of Innovation and Entrepreneurship County Technical Assistance Service North Dakota Department of Commerce University of Tennessee
C-2 Appendix C Governments—Individual State Descriptions Ms. Joan Snoderly, Virginia Tennessee State Data Center Mr. Donald Lillywhite, University of Tennessee Virginia Employment Commission
Utah Mr. Larry Robinson, Ms. Effie Johnson, Virginia Employment Commission Governor’s Office of Management and Budget Mr. James Wilson, Vermont Virginia Employment Commission
Mr. Jim Condos, Wisconsin Secretary of State Mr. Philip Wells, State of Vermont Division of Intergovernmental Relations Mr. Brian Leven, Wisconsin Department of Administration Deputy Secretary Wyoming State of Vermont Ms. Amy Bittner, Mr. Michael Moser, Wyoming State Data Center Vermont State Data Center Economic Analysis Division University of Vermont
Ms. Zoe Newman, Secretary of State’s Office State of Vermont
Governments—Individual State Descriptions Appendix C C-3 Appendix D. Laws Used for Legislative Research
Alabama: Illinois: Acts of Alabama Illinois Compiled Statutes Annotated Code of Alabama Laws of Illinois
Alaska: Indiana: Alaska Session Laws Acts, Indiana Alaska Statutes Burns Indiana Statutes Annotated
Arizona: Iowa: Arizona Revised Statutes Annotated Acts and Joint Resolutions of the State of Iowa Session Laws, Arizona Iowa Annotated Statutes
Arkansas: Kansas: Arkansas Statutes Annotated Kansas Annotated Statutes General Acts of Arkansas Session Laws of Kansas
California: Kentucky: Deering’s California Codes Annotated Michie’s Kentucky Revised Statutes Annotated Statutes of California Kentucky Acts
Colorado: Louisiana: Colorado Revised Statutes Louisiana Annotated Statutes Session Laws of Colorado State of Louisiana: Acts of the Legislature
Connecticut: Maine: General Statutes of Connecticut Laws of the State of Maine Connecticut Public Acts Maine Revised Statutes Annotated Connecticut Public & Special Acts Maryland: Connecticut Special Acts Annotated Code of Maryland Delaware: Laws of Maryland Delaware Code Annotated Massachusetts: Laws of Delaware Acts and Resolves of Massachusetts District of Columbia: Annotated Laws of Massachusetts District of Columbia Code Annotated Michigan: District of Columbia Register Michigan Compiled Laws Service District of Columbia Statutes at Large Public and Local Acts of the Legislature of the Florida: State of Michigan Florida Statutes Minnesota: Laws of Florida Laws of Minnesota Georgia: Minnesota Annotated Statutes Georgia Laws Mississippi: Official Code of Georgia Annotated General Laws of Mississippi Hawaii: Mississippi Code of 1972 Annotated Hawaii Revised Statutes Missouri: Session Laws of Hawaii Laws of Missouri Idaho: Missouri Annotated Statutes Idaho Code Session Laws, Idaho
Governments—Individual State Descriptions Appendix D D-1 Montana: Rhode Island: Laws of Montana General Laws of Rhode Island Montana Code Annotated Public Laws of Rhode Island and Providence Plantations
Nebraska: South Carolina: Laws of Nebraska Acts and Joint Resolutions, South Carolina Revised Statutes of Nebraska Annotated South Carolina Code of Laws, Annotated
Nevada: South Dakota: Nevada Revised Statutes Annotated Laws of South Dakota Statutes of Nevada South Dakota Codified Laws
New Hampshire: Tennessee: Laws of the State of New Hampshire Public Acts of the State of Tennessee New Hampshire Revised Statutes Annotated Private Acts of the State of Tennessee Tennessee Code Annotated New Jersey: Laws of New Jersey Texas: New Jersey Annotated Statutes General and Special Laws of the State of Texas Texas Statutes and Codes New Mexico: Laws of New Mexico Utah: Michie’s Annotated Statutes of New Mexico Laws of Utah Utah Code Annotated New York: Laws of New York Vermont: New York Consolidated Laws Service Laws of Vermont Vermont Statutes Annotated North Carolina: General Statutes of North Carolina Annotated Virginia: Session Laws of North Carolina Acts of the General Assembly of the Commonwealth of Virginia North Dakota: Code of Virginia Laws of North Dakota North Dakota Century Code Washington: Annotated Revised Code of Washington Ohio: Laws of Washington Page’s Ohio Revised Code Annotated State of Ohio: Legislative Acts Passed and Joint West Virginia: Resolutions Adopted Acts of the Legislature of West Virginia West Virginia Code Oklahoma: Oklahoma Session Laws Wisconsin: Oklahoma Statutes Annotated Laws of Wisconsin Wisconsin Statutes Oregon: Oregon Annotated Statutes Wyoming: Oregon Laws and Resolutions Session Laws of Wyoming Wyoming Statutes Annotated Pennsylvania: Laws of Pennsylvania Pennsylvania Consolidated Statutes Pennsylvania Statutes
For specific citations regarding information in the Individual State Descriptions, please contact the Governments Division, U.S. Census Bureau, by telephone at 800-242-2184 or e-mail at
D-2 Appendix D Governments—Individual State Descriptions
G12-CG-ISD Issued Individual State Descriptions: 2012 September 2013 2012 Census of Governments