O.C.G.A.

O.C.G.A. § 36-40-40 (2019)

‘‘Municipal corporation’’ defined

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The term ‘‘municipal corporation,’’ as used in this article, means a municipal corporation, the population of which is based on the current United States decennial 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 36-40-42, and which has levied taxes or levied fees of any type for the operation of the government of the municipal corporation or which has received a franchise tax from any utility, firm, or corporation within the 12 months preceding the execution of the certificate required by Code Section

History

Ga. L. 1965, p. 458, § 3.

Annotations

JUDICIAL DECISIONS Cited in Mayor of Hapeville v. Anderson, 246 Ga. 786, 272 S.E.2d 713 (1980). OPINIONS OF THE ATTORNEY GENERAL Reference to ‘‘the current United States decennial census’’ is a reference to the population of an otherwise qualifying incorporated municipality based on the population of that municipality as it existed at the last decennial census in 1960. 1968 Op. Att’y Gen. No. 68-210.

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

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

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