TITLE 36 LOCAL GOVERNMENT

Chapter 30 information not found

ARTICLE 2 GRANTS TO COUNTIES FOR COUNTY ROADS AND MAINTENANCE

36-30-7.1. Inactive municipalities.

On and after July 1, 1995, any municipal corporation in this state shall be deemed an inactive municipality and its charter shall be repealed by operation of law if the municipal corporation fails to meet any of the minimum standards provided in subsection (b) of this Code section for determining an active municipality.
An active municipality is any incorporated municipality in this state the governing body of which meets each of the following minimum standards:
1. Provides at least three of the following services, either directly or by contract:
  1. Law enforcement;
  2. Fire protection (which may be furnished by a volunteer fire force) and fire safety;
  3. Road and street construction or maintenance;
  4. Solid waste management;
  5. Water supply or distribution or both;
  6. Waste-water treatment;
  7. Storm-water collection and disposal;
  8. Electric or gas utility services;
  9. Enforcement of building, housing, plumbing, and electrical codes and other similar codes;
  10. Planning and zoning; and
  11. Recreational facilities;
2. Holds at least six regular, monthly or bimonthly, officially recorded public meetings within the 12 months next preceding the execution of the certificate required by subsection (c) of this Code section; and
3. Qualifies for and holds a regular municipal election as provided by law, other than a municipality which has a governing authority comprised of commissioners or other members who are appointed by a judge of the superior court.
Not later than July 1, 1994, each municipal corporation in this state shall file with the Department of Community Affairs either:
1. A certification from the governing authority that the municipal corporation meets the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section; or
2. A certification from the governing authority that the municipal corporation does not meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section, including a statement that the governing authority recognizes that its legal existence will under the provisions of this Code section be terminated as of July 1, 1995.
After October 15, 1994, the Department of Community Affairs shall transmit to the governing authority of each municipal corporation in the state either:
1. A statement confirming that the Department of Community Affairs has received from the municipal corporation the filing required by subsection (c) of this Code section, includinga statement of which type of filing was received from that municipal corporation; or
2. A statement that the Department of Community Affairs has not received from the municipal corporation the filing required by subsection (c) of this Code section, including a statement that the municipal corporation's legal existence will be terminated as of July 1, 1995, unless such filing is received by December 31, 1994.
A municipal corporation which does not timely make the filing required by subsection (c) of this Code section shall have a grace period until December 31, 1994, to make such filing. However, if such filing is not made by December 31, 1994, the legal status of the municipal corporation shall be the same as that of a municipal corporation which does not meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section; and such municipal corporation shall cease to have legal existence as of July 1, 1995.
As quickly as practicable after December 31, 1994, the Department of Community Affairs shall compile a listing of all municipal corporations in this state indicating those whose legal existence will be terminated as of July 1, 1995, and those whose legal existence will not be so terminated.A certified copy of such listing shall be provided to the Secretary of State and shall be conclusive evidence, acceptable in any court and recordable in any public records, of the termination or continuation of existence of a municipal corporation.The Secretary of State shall transmit such a certified copy of the listing to the legislative counsel for publication in the Georgia Laws for the year 1995, and all courts of this state may take judicial notice of the listing so published.
Upon the termination of existence of a municipal corporation as provided for in this Code section, the existence of any local authority created by or for such municipal corporation shall likewise terminate on the same date. Upon the termination of any municipal corporation or local authority under this Code section, all assets, property, and legal rights and obligations of the municipal corporation or local authority shall devolve by operation of law upon the governing authority of the county in which the legal situs of the municipal corporation or local authority was located; provided, however, that this devolution of rights and obligations shall in no manner obligate the county to provide continued employment for any employee of the abolished municipal corporation or local authority.In the case of legal indebtedness of a municipal corporation or local authority devolving upon a county under this Code section, the county shall be authorized but not required to levy a special district tax, fee, or assessment within the formerly incorporated territory (or a portion thereof corresponding to any special district for which the indebtedness was incurred) for the purpose of retiring all or a portion of such indebtedness.Assets devolved to the county governing authority pursuant to this Code section which are deemed to be excess by the county shall be used to retire any indebtedness of the terminated municipal corporation or local authority. Property devolved to the county governing authority pursuant to this Code section which is deemed to be unnecessary by the county shall be sold and the proceeds from such sale used to retire any indebtedness of the terminated municipal corporation or local authority.
1. Upon the termination of existence of a municipal corporation as provided in this Code section, the geographic area that was contained in the boundaries of the former municipal corporation may continue to be identified under the same name and style as the former municipal corporation, and for such purpose signs and other appropriate insignia may be erected for such identification.
2. The Department of Community Affairs shall establish a designation of "historic township" for communities created on or before 1900, provide for the establishment of unincorporated town councils, provide a procedure for converting such municipalities to townships, and for registration of such.
At the session of the General Assembly held in the year 1996 only, a new charter may be granted to a municipal corporation which ceased to exist under the provisions of this Code section solely because of a failure to make the required filing with the Department of Community Affairs (not including any case where the municipal corporation failed to meet the minimum standards of an active municipality enumerated in subsection (b) of this Code section), without regard to the minimum standards for incorporation set out in Chapter 31 of this title. In such a case the local law granting the new charter shall have attached thereto, in lieu of the certificate otherwise required by Code Section 36-31-5, a certificate by the author of the bill stating that the requirements of this subsection are met by the municipal corporation being reincorporated. In any such case assets and property and rights and obligations which devolved upon the county shall be retransferred from the county back to the municipal corporation.
In any case in which the legal dissolution of a municipal corporation has not been certified under the provisions of subsection (f) of this Code section but the municipal corporation does not in fact meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section, any citizen of the municipal corporation or the county in which the legal situs of the municipal corporation is located may bring at any time on or after July 1, 1995, a declaratory judgment action for a declaration of the dissolution of the municipal corporation. Any such action shall be brought in the superior court of the county wherein the legal situs of the municipal corporation is located.If a judgment is entered declaring the dissolution of the municipal corporation, the court shall file a certified copy of the judgment with the Secretary of State and the legislative counsel.A copy of such judgment shall be published in the next publication of the annual session laws with the same status and effect provided for in subsection (f) of this Code section; and a certified copy of the judgment from the court or the Secretary of State shall have the same status and effect as described in subsection (f) of this Code section.

(Code 1981, §36-30-7.1, enacted by Ga. L. 1993, p. 1579, § 1; Ga. L. 1996, p. 6, § 36.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "Recreational facilities" was substituted for "Recreational Facilities" in subparagraph (b)(1)(K), the paragraph (1) and (2) designations were added in subsection (h), and a comma was inserted following "to townships" in paragraph (h)(2).

Law reviews.

- For annual survey article on local government law, see 52 Mercer L. Rev. 341 (2000). For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 160 (1993).

JUDICIAL DECISIONS

Standing to bring action to dissolve city.

- Subsection (j) of O.C.G.A. § 36-30-7.1, authorizing "any citizen" to bring an action for dissolution of a city, does not apply only to those municipalities which the Georgia Department of Community Affairs omitted from the list of inactive and active municipalities compiled pursuant to subsection (f) of O.C.G.A. § 36-30-7.1. City of Lithia Springs v. Turley, 241 Ga. App. 472, 526 S.E.2d 364 (1999).

Unified government meets the statutory criteria of an "active municipality." Athens-Clarke County v. Walton Elec. Membership Corp., 265 Ga. 229, 454 S.E.2d 510 (1995).

City meets requirements of an active municipality.

- City's contract with county under which the county provided law enforcement, street construction and maintenance, solid waste collection, and recreational services in consideration of the county's receipt of sales taxes was valid and showed that the city met the requirements of an active municipality. Sherrer v. City of Pulaski, 228 Ga. App. 78, 491 S.E.2d 129 (1997).

Order dissolving a city was vacated since it was determined that the city provided road or street construction or maintenance services and water supply services and since there were issues of fact as to whether the city provided fire protection services, enforcement of the city's building code, or planning and zoning services. City of Lithia Springs v. Turley, 241 Ga. App. 472, 526 S.E.2d 364 (1999).

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