O.C.G.A. § 36-31-2 (2019)
Two-year inapplicability of provisions regarding inactive municipalities
When a municipal corporation is created by local Act as authorized in this chapter, the provisions of Code Section 36-30-7.1 shall not apply for two years from the date the first elected officials of such municipal corporation take office. No later than July 1 following the expiration of such two-year period, the governing authority of the municipal corporation shall file a certification with the Department of Community Affairs stating whether the municipal corporation does or does not meet the standards for an active municipality under subsection (b) of Code Section 36-30-7.1.
History
Ga. L. 1963, p. 251, § 2; Ga. L. 1967, p. 718, § 1; Ga. L. 1971, p. 90, § 1; Ga. L. 1996, p. 399, § 1; Ga. L. 2005, p. 185, § 1/HB 36.
Annotations
Editor’s notes. - Ga. L. 2005, p. 185, § 5/HB 36, not codified by the General Assembly, provides for severability.
Ga. L. 2005, p. 185, § 6/HB 36, not codified by the General Assembly, provides that the Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.
JUDICIAL DECISIONS Section not retroactive. - When a municipality was created prior to this section, the restrictions of this section do not apply to an amendatory Act. To construe this section as applicable to acts amending the corporate powers of municipalities in existence prior to this section would violate the statute’s plain and un-
ambiguous language, and the constitutional prohibition against enactment of retroactive laws. Brown v. City of Marietta, 220 Ga. 826, 142 S.E.2d 235 (1965). Cited in Meredith v. Meredith, 240 Ga. 226, 240 S.E.2d 75 (1977); City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).
RESEARCH REFERENCES C.J.S. - 62 C.J.S., Municipal Corporations, § 13.