07 LC 28
3541ER
House
Bill 651
By:
Representatives Meadows of the
5th,
Scott of the
153rd,
Hamilton of the
23rd,
Jones of the
46th,
Burns of the
157th,
and others
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 a definition; to provide for the incorporation
of townships; to provide for the requirements and methodology for such
incorporations; to provide for annexations of such townships; to provide for the
conversion of such townships into municipal corporations; to provide for certain
taxing powers and other duties and powers of such townships; to provide for
related matters; to provide an effective date; 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 revising Code Section 36-30-1, relating to the meaning of terms
"city," "town," "municipality," and "village," as follows:
"36-30-1.
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.
The term
'township' shall mean municipality for the purposes of Article IX, Section II,
Paragraph IV of the Georgia Constitution and the following provisions of state
law:
(1)
Article 5 of Chapter 9 of Title 34;
(2)
Code Sections 36-30-2 through 36-30-7;
(3)
Code Sections 36-34-1 through 36-34-3;
(4)
Code Section 36-35-4;
(5)
Chapters 36, 66, 66A, 67, 67A, and 85 of this title; and
(6)
Chapter 5 of Title 47.
The
term shall not otherwise be a synonym for 'city,' 'town,' 'municipality,' or
'village' except as otherwise provided in Article 2 of Chapter 31 of this
title."
SECTION
2.
Said
title is further amended by designating Code Sections 36-31-1 through 36-31-12
as Article 1 and adding a new Article 2 to read as follows:
"ARTICLE
2
36-31-30.
(a)
Notwithstanding any provision of this chapter to the contrary, municipalities
may be incorporated in accordance with this Code section without the requiring
the proposed incorporation to meet the requirements contained in Code Sections
36-31-1 through 36-31-12. Such municipalities shall be known as the 'Township
of _____________.'
(b)(1)
When located wholly or partially in a 'Metropolitan Statistical Area' as defined
by the federal Office of Management and Budget, in order to be eligible for
incorporation as a township under this article, a proposed township shall be at
least 1,000 contiguous acres in size, contain a minimum of 1,000 parcels of
property that qualify for homestead exemption, and have an average residential
density of 200 persons per square mile for the total area. The area of the
proposed township shall also be located at least one mile from the borders of an
existing municipality within the same county.
(2)
When not located wholly or partially in a 'Metropolitan Statistical Area' as
defined by the federal Office of Management and Budget, in order to be eligible
for incorporation as a township under this article, a proposed township shall be
at least 1,000 contiguous acres in size, contain a minimum of 400 parcels of
property that qualify for homestead exemption, and have an average residential
density of 200 persons per square mile for the total area. The area of the
proposed township shall also be located at least three miles from the borders of
an existing municipality within the same county.
36-31-31.
(a)
A petition for incorporation as a township shall be filed with the superior
court of the county in which the township is primarily located. Such petition
shall contain the signatures of not less than 10 percent of the electors
residing in the area of the proposed township. The petition shall have attached
to it a township charter which, at a minimum, shall state for the proposed
township its name, its boundaries, the size of the township council, the powers
of the mayor, the powers of the members of the township council, the terms of
office for the mayor and township councilmembers, the requirements for a quorum
and for voting by the township council, and how often the township council
shall meet. Included in or along with the petition shall be evidence that the
proposed township meets the requirements of subsection (b) of Code Section
36-31-30.
(b)
The judge shall determine the legal sufficiency of the petition and charter and
shall determine if the signers are qualified electors eligible to sign the
petition. The judge shall enter an order certifying the legal sufficiency or
insufficiency of the petition and charter and shall determine if the signers are
qualified electors eligible to sign the petition within 30 days after the filing
of the petition with the superior court. The sole grounds upon which legal
sufficiency shall be determined shall be compliance with this article. If the
requirements of subsection (b) of Code Section 36-31-30 and this Code section
have been met, the judge´s order shall require that a referendum on
incorporation of the township be held within the boundaries of the proposed
township on the next general or special election date at least 45 days after the
order is entered. If incorporation of the township is approved at such
referendum, the election of the initial members of the governing authority of
the township shall be held at the next general or special election date at least
45 days after the township referendum. All elections shall be held and
conducted in accordance with Chapter 2 of Title 21, the 'Georgia Election Code,'
and shall be conducted on a nonpartisan basis. After the election of the
initial township officials, all township general elections shall be held on the
Tuesday after the first Monday in November in odd-numbered years.
(c)
The ballot for the township referendum shall have written or printed thereon the
words:
|
'( ) YES
( ) NO
|
Shall
the incorporation of the Township of ________ in accordance with the township
charter attached to the petition certified by the superior court be
approved?'
|
All
persons desiring to vote for approval of the incorporation shall vote 'Yes,' and
those persons desiring to vote for rejection of the incorporation shall vote
'No.' If more than one-half of the votes cast on such question are for approval
of the incorporation, the township shall be deemed incorporated as of the date
of the referendum. The expense of such election and the initial election of
members of the township governing authority shall be borne by the county in
which the township is primarily located. It shall be the duty of the county
election superintendent to hold and conduct such elections. It shall be his or
her further duty to certify the result thereof to the Secretary of State and, if
incorporation is approved at the election, to send the township charter to the
Secretary of State and the Attorney General.
(d)
When a township is created as authorized by this article, the Attorney General
shall be responsible for seeking any and all preclearances required in
connection with such incorporation under the federal Voting Rights Act of 1965,
as amended, until such time as the township notifies the Attorney General that
it has the ability to seek any further preclearances that are
required.
(e)
The filing of a petition for incorporation as a township shall preclude the
filing of any other petition for incorporation as a township including within
its boundaries all or part of the area included within the incorporation
petition filed first in time with the superior court. Such subsequent petition
for incorporation as a township may be filed with the superior court no earlier
than 60 days after the date of a previous failed incorporation
referendum.
36-31-32.
(a)
Townships incorporated pursuant to this article are authorized to levy up to .5
mill in ad valorem property taxes for the exercise of the township´s
limited powers. The property taxes levied by the township shall be billed and
collected with the county ad valorem taxes, and the tax proceeds shall be
remitted to the township no later than 30 days after receipt by the tax
commissioner. Except as set forth in this article, townships shall not
otherwise have the powers of municipalities incorporated under Article 1 of this
chapter.
(b)
Municipal corporations incorporated as townships pursuant to this article shall
adopt and enforce ordinances which meet or exceed the development standards of
the county with respect to trees, landscape or stream buffers, and the
regulation of land-disturbing activity as defined in Code Section
12-7-3.
(c)
Notwithstanding the provisions of Code Section 36-70-28, any municipal
corporation incorporated as a township pursuant to this article shall be subject
to the service delivery strategy in place at the time of incorporation. In the
event that the municipal corporation 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
municipal corporation shall be entitled to participate in the approval process
of such strategy.
(d)
In the event that part or all of the geographic area incorporated as a township
pursuant to this article 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.
(e)
Except as specifically provided in this article, the area of a township shall be
subject to the governing authority of the county in the same manner as the
unincorporated area of the county.
36-31-33.
(a)
By resolution of the township governing authority, a township that is within a
contiguous area to another township or municipality may apply for annexation of
all or part of the township to such township or municipality. For purposes of
this Code section, the term 'contiguous area' shall be as defined in Code
Section 36-36-20. Within 90 days of the receipt of the resolution from the
township petitioning for annexation, the municipality or township receiving such
petition shall adopt a resolution approving or denying the annexation. If the
municipality or township receiving the petition approves the annexation, the
election superintendent shall conduct a referendum on the proposed annexation on
the next general or special election date at least 45 days after the receiving
municipality or township approves of such petition. Only those persons
registered to vote for members of the General Assembly residing, on the date of
the adoption of the resolution, in the proposed area to be annexed shall vote in
the referendum. If a majority of those voting vote in favor of annexation, the
area shall become a part of the corporate limits of the municipality or
township. If a majority of those voting vote against the annexation, a period
of two years must elapse before the township governing authority may petition
for annexation of the same area to the same municipality or
township.
(b)
Any area within a township may also be annexed into a municipality in accordance
with the procedures in Chapter 36 of Title 36.
36-31-34.
(a)
At any time after incorporation as a township under this article, the township
may be granted by local Act of the General Assembly a new municipal charter as a
city or town, which charter shall vest such municipal corporation with all
powers of municipal corporations otherwise incorporated as cities or
towns.
(b)
Every local law granting an original municipal 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.
(c)(1)
After two years as an incorporated township under this article, the governing
authority of a township may petition the superior court for a municipal charter
as a city or town, which charter shall vest such municipal corporation with all
powers of municipal corporations otherwise incorporated as cities or towns. In
the alternative, such petition for a municipal charter may be filed with the
superior court by a petition containing the signatures of not less than 10
percent of the electors residing in the township. In either case, the petition
shall have attached to it a municipal charter which, at a minimum, shall state
for the municipality its name, its boundaries, the size of the city council, the
powers of the mayor, the powers of the members of the city council, the terms of
office for the mayor and city councilmembers, the requirements for a quorum and
for voting by the city council, and how often the city council shall
meet.
(2)
The judge shall determine the legal sufficiency of the petition and charter and
shall determine if the signers are qualified electors eligible to sign the
petition. The judge shall enter an order certifying the legal sufficiency or
insufficiency of the petition and charter and shall determine if the signers are
qualified electors eligible to sign the petition within 30 days after the filing
of the petition with the superior court. If the requirements of this Code
section have been met, the judge´s order shall require that a referendum on
incorporation of the township as a city or town be held on the next general or
special election date at least 45 days after the order is entered. If
incorporation of the township as a city or town is approved at such referendum,
the election of the initial members of the governing authority of the city or
town shall be held at the next general or special election date following the
expiration of the term of office for each elected member of the township
governing authority.
(d)
The ballot for the city or town incorporation referendum shall have written or
printed thereon the words:
|
'( ) YES
( ) NO
|
Shall
the incorporation of the City/Town of ________ in accordance with the municipal
charter attached to the petition certified by the superior court be
approved?'
|
All
persons desiring to vote for approval of the incorporation shall vote 'Yes,' and
those persons desiring to vote for rejection of the incorporation shall vote
'No.' If more than one-half of the votes cast on such question are for approval
of the incorporation, the area of the township shall be deemed incorporated as a
city or town as of the date of the referendum. The expense of such election and
the initial election of members of the city or town governing authority shall be
borne by the county in which the new city or town is primarily located. It
shall be the duty of the county election superintendent to hold and conduct such
elections. It shall be his or her further duty to certify the result thereof to
the Secretary of State and, if incorporation is approved at the election, to
send the municipal charter to the Secretary of State and the Attorney
General.
(e)
When a township is incorporated as a city or town as authorized by this Code
section, the Attorney General shall be responsible for seeking any and all
preclearances required in connection with such incorporation under the federal
Voting Rights Act of 1965, as amended, until such time as the city or town
notifies the Attorney General that it has the ability to seek any further
preclearances required.
(f)
The filing of a petition for incorporation as a city or town shall preclude the
filing of any other petition for incorporation as a city or town including
within its boundaries all or part of the area included within the incorporation
petition filed first in time with the superior court. Such subsequent petition
for incorporation as a city or town may be filed with the superior court no
earlier than 60 days after the date of the previous failed incorporation
referendum.
(g)
No municipal corporation incorporated as a city or town in accordance with the
requirements contained in Article 1 of this chapter shall utilize the provisions
of Article 2 of this chapter to incorporate as a township or otherwise alter its
charter to become a township."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.