05 LC 28
2305
Senate
Bill 275
By: Senators Seabaugh of the 28th, Zamarripa of the 36th and Pearson of the 51st
By: Senators Seabaugh of the 28th, Zamarripa of the 36th and Pearson of the 51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to provide for the incorporation of townships; to change
certain provisions regarding incorporation of municipalities; to provide for
definitions; to provide for procedures, conditions, and limitations; to provide
for applicability of certain definitions regarding municipal corporations; to
provide for legislative intent; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by striking Code Section 36_30_1, relating to definitions regarding
municipal corporations, and inserting in its place a new Code Section 36_30_1 to
read as follows:
"36_30_1.
(a)
As used in this Code section, the term 'town' shall not mean any township
created on or after July 1,2005, pursuant to Article 2 of Chapter 31 of this
title.
(b)
Wherever the words 'city,' 'town,' 'municipality,' or 'village' appear in the
statutory laws of this state, such words shall be construed as synonymous, and
the General Assembly so declares this to be its intention in the use of these
words; such words shall be held to mean a municipal corporation as defined by
statutory law and judicial
interpretation."
SECTION
2.
Said
title is further amended by striking subsection (a) of Code Section 36_31_2,
relating to minimum distance between proposed corporate boundaries, and
inserting in its place a new subsection (a) to read as follows:
"(a)
No local Act granting a municipal charter shall be enacted wherein any part of
the proposed corporate boundary is less than three miles distance from the
corporate boundary of any existing municipal corporation in this state;
provided, however, that, if the residents of a certain geographical area within
three miles of an existing municipal corporation have been denied annexation to
the municipal corporation by the people of the municipal corporation, the
residents of such geographical area shall be entitled to incorporate a new
municipal corporation at any time within 12 months after such denial, and a
local Act granting a municipal charter may be enacted; provided, further, that
the population of the area proposed to be incorporated must exceed the
population of the existing municipal corporation, and a certificate from the
governing authority of the existing municipal corporation or from the judge of
the superior court of the county, evidencing the denial of annexation and the
population figures, must accompany the certificate of incorporation required by
this
chapter
article."
SECTION
3.
Said
title is further amended by striking Code Section 36_31_5, relating to minimum
standards certificates, and inserting in its place a new Code Section 36_31_5 to
read as follows:
"36_31_5.
Every
local law granting an original municipal charter shall have attached thereto a
certificate by the author of the bill stating that the minimum standards
required by this chapter exist as to the area embraced. Existence of the
standards may be determined, as to population, by estimate based on the number
of dwellings in the area multiplied by the average family size in the area, as
determined by the last preceding federal census or by other reliable evidence
acceptable to the author. As to development of the area, existence of the
standards may be determined by estimate based on actual survey, county maps or
records, aerial photographs, or some other reliable map acceptable to the
author. The certificate shall be a permanent part of the charter and shall
constitute conclusive evidence of the existence of the standards required by
this
chapter
article."
SECTION
4.
Said
title is further amended in Chapter 31, relating to incorporation of municipal
corporations, by designating Code Section 36_31_1 through 36_31_5 as Article 1
thereof, and by adding a new article immediately following Article 1, to be
designated Article 2, to read as follows:
"ARTICLE
2
36_31_20.
As
used in this article, the term 'owner' shall not include in his or her capacity
as such any mortgagee, any lien holder, any person having an equitable interest
under any contract for the sale or lease of property within the proposed
municipal corporation, or any lessee or tenant.
36_31_21.
The
General Assembly finds and declares that:
(1)
Healthy, growing municipal corporations are vital to the economy and well_being
of the State of Georgia;
(2)
Municipal corporations provide important services such as police, fire, water,
sewer, parks and open space, development planning, and vibrant downtowns and
commercial nodes that define the local quality of life;
(3)
Municipal corporations are the form of government closest and most accessible to
the people and many people desire to be part of a municipal corporation so that
they can more adequately participate in the governance of their community;
and
(4)
The formation of municipal corporations should be encouraged to respond to the
pressures of growth, demand for services, and desire for self_governance and
self_determination by providing for alternative classes of municipal
corporations.
36_31_22.
(a)
Notwithstanding any provision of Article 1 of this chapter to the contrary, the
General Assembly may incorporate townships by local Act in accordance with this
Code section without the necessity of the proposed incorporation meeting the
requirements of Article 1 of this chapter. Any such municipal corporation shall
be known as the 'Township of _________.'
(b)(1)
In order to be incorporated as a township under this Code section, a proposed
township must be of at least 1,000 contiguous acres in size and must have a
comprehensive master plan for the development of such township which provides
for both present and future residential, commercial, industrial, institutional,
and governmental development. Included with such master plan shall be covenants
and deed restrictions as necessary to ensure the development of the township in
accordance with such comprehensive master plan. In addition, at least 30
percent of the land area within the proposed corporate boundaries of the
township shall be dedicated as greenspace as defined in paragraph (3) of Code
Section 36_22_2, as amended.
(2)
The township charter shall identify one or more individuals who shall serve as
the initial governing authority of the township. Such individuals shall be
owners of property within the proposed township but need not reside
there.
(3)
A township which is incorporated pursuant to this Code section shall have all
powers of a municipality incorporated as a municipal corporation except that no
township shall:
(A)
Be considered a qualified municipality under Code Section 48_8_80;
or
(B)
Activate or establish any authority, agency, or district under Chapter 42, 43,
44, 61, 63, or 64 of this title.
(4)
A township which is incorporated pursuant to this Code section shall adopt and
enforce ordinances which meet or exceed the development standards of the county
with respect to trees, landscape or stream buffers, the construction of roads
and streets, the construction of water and sewerage infrastructure, and the
regulation of land_disturbing activity as defined in paragraph (9) of Code
Section 12_7_3, as amended.
(5)
Notwithstanding any provision of Code Section 36_70_28 to the contrary, any
township incorporated pursuant to this Code section shall be subject to the
service delivery strategy in place at the time of incorporation. In the event
that the township otherwise meets the requirements of an affected municipality
at the time of a subsequent negotiation of the service delivery strategy
pursuant to the provisions of Article 2 of Chapter 70 of Title 36, such township
shall be entitled to participation in the approval process of such
strategy.
(6)
In the event that part or all of the geographic area of the township
incorporated pursuant to this Code section comprises part or all of a special
service district or special tax district of a county, such geographic area shall
remain subject to the special service district or special tax district unless
otherwise agreed by the governing authority of the county and the governing
authority of the township.
(c)
After three years of meeting the standards set forth in Code Sections 36_31_3
and 36_31_4, a township incorporated under this Code section may be issued a new
charter as a municipal corporation within the meaning of Article 1 of this
chapter without regard to the requirements of Article 1 of this
chapter.
(d)
Every local Act granting an original charter to a township pursuant to this Code
section shall have attached thereto a certificate by the author of the bill that
the requirements of this Code section have been met and such certificate shall
be a permanent part of the charter and shall constitute conclusive evidence that
such requirements have been
met."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.