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2018 Georgia Code 36-40-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-40-21 Case Law from Google Scholar Amendments to OCGA 36-40-21

TITLE 36 LOCAL GOVERNMENT

Chapter 40 information not found

ARTICLE 2 GRANTS FOR PUBLIC PURPOSES

36-40-21. "Municipal corporation" defined.

As used in this article, the term "municipal corporation" means a municipal corporation whose population shall be based on the current United States decennial census of 1980 or any future such census, the governing body of which has held at least six regular meetings within the 12 months preceding the execution of the certificate required by Code Section 36-40-22 and which for a period of one year has levied and collected an ad valorem tax on the real property in such municipal corporation or which has, for such one-year period, performed at least two of the following municipal activities and services:

  1. Furnished water service;
  2. Furnished sewerage service;
  3. Furnished garbage collection;
  4. Furnished police protection;
  5. Furnished fire protection;
  6. Assessed and collected business licenses; or
  7. Furnished municipal street-lighting facilities.

(Ga. L. 1967, p. 889, § 3.)

JUDICIAL DECISIONS

Cited in Mayor of Hapeville v. Anderson, 246 Ga. 786, 272 S.E.2d 713 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Eligibility of municipalities to share in funds.

- All incorporated municipalities appearing in the 1970 United States census would be eligible to share in the distribution of the second half of funds appropriated for fiscal year 1970-71 regardless of whether the municipalities were eligible prior to that time. 1970 Op. Att'y Gen. No. 70-62.

Municipality must have been incorporated and listed in United States decennial census in order to qualify for municipal grant. 1967 Op. Att'y Gen. No. 67-353.

Office of Treasury and Fiscal Services must make two fund computations during census year.

- Only manner in which the State Treasurer (now director of the Office of Treasury and Fiscal Services) can compute grants to municipalities for the fiscal year 1970-71 is to make two separate computations and two separate payments of funds; one-half of available funds should be distributed to the respective municipalities based on population according to the 1960 decennial United States census. After the 1970 decennial United States census becomes effective for the purpose of affecting Georgia law (December 31, 1970), the State Treasurer (now director of the Office of Treasury and Fiscal Services) should make computations based on the 1970 census and distribute the remaining half of money appropriated for fiscal 1970-71. 1970 Op. Att'y Gen. No. 70-36.

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 1, 13, 96.

C.J.S.

- 62 C.J.S., Municipal Corporations, § 1 et seq.

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