What Differentiates a Charter City from a General Law City

The procedures that a city must follow to adopt its own charter begin with section 34450. The Charter is a written document that acts as the “constitution” of the city. Just as the California Constitution controls the actions of the state, a city`s charter acts like the city`s constitution. The Charter may be amended or repealed by subsequent votes of residents. An amendment may be proposed either by the municipal council or through an initiative submitted to the council by the voters. Of the approximately 481 towns and villages incorporated in the state of California, only 86 are chartered cities. The largest cities in the state, namely San Diego, Los Angeles, Sacramento, San Jose, and San Francisco, are chartered cities. While the adoption of a charter gives a city control over its municipal affairs, chartered cities are subject to the same state laws as cities of general law in matters considered “national.” What constitutes a municipal issue as opposed to a matter of national importance is a fluid concept. Over time, what was once considered a municipal matter can become a national affair. If the state legislature or state voters declare that a matter is of national interest, any provision or regulation of the local charter that governs that region will be anticipated by subsequent state law. Under Texas law, unless a city charter is passed, cities have only the powers granted under the Texas Constitution and the general laws of the state, and nothing more. In the United States, a charter city is a city where the system of government is defined by the city`s own charter document and not just by general law.

In states where city charters are permitted by law, a city may adopt or amend its organizational charter by decision of its administration in the manner set out in the charter. These cities can be managed primarily by residents or through a third-party administrative structure, as a charter gives a city the flexibility to choose new types of government structures. Depending on the state, all cities, not cities or some cities can be chartered cities. [1] California state law requires that cities be organized either under the general laws of the state or according to a charter adopted by local voters. This power is set out in the California Government Code, which begins with Section 34100. For example, in California, cities that have not adopted a charter are organized under state law. Such a city is called a city of general law, which is administered by a municipal council of 5 members. A city organized under a charter can choose different systems, including the “strong mayor” or “city manager” forms of government. [2] [3] As of January 21, 2020, 125 of California`s 478 cities were charter cities.

[4] Some examples are Los Angeles, San Francisco, San Jose and the capital Sacramento. [5] Cities that adopt their own charters may establish their own procedures for matters considered “municipal affairs.” The California Constitution gives chartered cities the power to enact and enforce all ordinances and resolutions relating to municipal affairs (California Article XI, Section 5(a)). This is commonly referred to as the “Home Rule” provision. Typical examples of municipal affairs are the way local elections are conducted and the city`s relationship with its municipal officials and staff. Cities organized according to the general laws of the state (Article 34102) have less autonomy than those that adopt their own charter (Article 34101). Cities under general law follow the laws set out in the Government Code, starting with Article 34000. San Luis Obispo is the only town in San Luis Obispo County. Although the city was founded in 1856, it did not become a charter city until 1876. The charter of the city of San Luis Obispo has been amended several times. In 1955, the city proceeded with the last comprehensive update of the city`s rights. The city`s charter is published on the city`s website under www.slocity.org/cityclerk/download/citycharter2008.pdf. Texas law does not allow counties or special counties (other than school districts) to operate under a charter; Their powers are strictly limited to those under the Texas Constitution and common law.

School districts can apply for a charter; However, no school district has done so. Once a city reaches a population of 5,000, voters can request an election for a city charter. If the charter is approved by voters, the city will be governed by self-government status, which allows the city to enact any ordinance that is “not inconsistent” with the Texas Constitution or the general laws of the state. This has led to turbulence between cities trying to pass laws and legislators trying to prevent them from doing so; Examples include banning plastic bags (or plastic bag fees) and banning oil and gas drilling within city limits. The city can retain self-government status, even if the population subsequently falls below 5,000. .