VI. Ultra Vires and Achieving Certainty— Validation Proceedings
| Library | Municipal Law Deskbook (ABA) (2015 Ed.) |
VI. ULTRA VIRES AND ACHIEVING CERTAINTY— VALIDATION PROCEEDINGS
Local governments typically have limited powers; even "general purpose" governments may not be permitted to do some things. In addition, state laws may impose limits on the process for approving certain kinds of contracts or the substantive provisions of those contracts.
If a local government signs a contract that it is not authorized to sign, the local government may not be bound by that contract. In some jurisdictions, it may be difficult to determine whether a local government can agree to a particular contract or provision.
For example, many local governments have debt limits, and the constitutional or statutory provisions imposing those...
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