MUNICIPAL CORPORATIONS

I.     GENERAL.

A municipal corporation is a corporation formed to carry on the work of government in a town or city. Its charter is granted by the state and it possesses only such powers as the state confers upon it, and no others.

II.     MUNICIPAL POWERS.

A city government or similar municipal corporation is usually given the power:

1. To make its own laws or ordinances with reference to matters over which its charter gives it jurisdiction.
   
   
2. To enforce its laws.
   
   
3. To control all matters and things within its corporate boundaries within the limits fixed by its charter.
   
   
4. To issue bonds.

B.     GOVERNANCE.

The mayor is usually the chief executive of a municipality, and a board of commissioners, councilors, its lawmaking body. The titles of these officers vary widely, however, in the different states. Under the commission form of government the above offices are held by a commission of three or rive men who have complete charge of the business of city government. The judicial power is usually vested in the police magistrate's court, or in larger cities in the municipal court. These are courts of limited jurisdiction only, however, and their jurisdiction does not supersede or conflict with that of the courts of the county in which they are situated.

1.     WRONGFUL ACTS OF OFFICERS

The city is not responsible for damage for injuries to persons or property caused in the execution of a governmental duty, except within limits of waivers of sovereign immunity under various state Tort Claims Acts. Such acts usually also require notice of claim within a period of time prior to filing suit. SEE ORS 30.265.

C.     GOVERNMENTAL DUTY

What kinds of duties are within the governmental duty is a question that has been the source of much litigation.

1. The city is not liable for false arrest, false imprisonment, or assaults by police officers. If any wrongful act is committed by an officer while acting in his official capacity, he or she is liable personally.
   
   
2. It is the duty of the city government to provide and maintain safe and passable streets and highways, maintain police and fire protection, and provide for the general safety and welfare of its citizens. If the city fails to maintain safe and passable streets, the city is liable for damages resulting to those rightfully upon the streets, provided the city had notice that the streets were unsafe and impassable, and failed to exercise reasonable care to make the streets safe.
   
   
3. It is almost universally held that a city is not liable for loss or injury resulting from failure to maintain proper police and fire protection.