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

TITLE 36 LOCAL GOVERNMENT

Chapter 40 information not found

ARTICLE 3 GRANTS FOR PURCHASE AND CONSTRUCTION OF CAPITAL OUTLAY ITEMS

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

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 36-40-42.

(Ga. L. 1965, p. 458, § 3.)

JUDICIAL DECISIONS

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

OPINIONS OF THE ATTORNEY GENERAL

Reference in this section 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 (see O.C.G.A. § 36-40-40).

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.

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