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03 LC 14 8139DC
House Bill 136
By: Representatives Wilkinson of the 41st and Willard of the 40th
By: Representatives Wilkinson of the 41st and Willard of the 40th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 31 of Title 36 of the Official Code of
Georgia Annotated, relating to incorporation of municipal corporations, so as to
change the time in which certain minimum distance requirements apply; to provide
an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 31 of Title 36 of the Official Code of Georgia
Annotated, relating to incorporation of municipal corporations, is amended by
striking Code Section 36_31_2 thereof, relating to minimum distances between
corporate boundaries, and inserting in its place the following:
"36_31_2.
(a) On and after December 31, 2004, noNo local Act granting
a municipal charter shall be enacted wherein any part of the proposed corporate
boundary is less than three miles distance from the corporate boundary of any
existing municipal corporation in this state; provided, however, that, if the
residents of a certain geographical area within three miles of an existing
municipal corporation have been denied annexation to the municipal corporation
by the people of the municipal corporation, the residents of such geographical
area shall be entitled to incorporate a new municipal corporation at any time
within 12 months after such denial, and a local Act granting a municipal charter
may be enacted; provided, further, that the population of the area proposed to
be incorporated must exceed the population of the existing municipal
corporation, and a certificate from the governing authority of the existing
municipal corporation or from the judge of the superior court of the county,
evidencing the denial of annexation and the population figures, must accompany
the certificate of incorporation required by this
chapter.
(b) Any provision of subsection (a) of this Code section to the contrary, a local Act granting a municipal charter to any area comprising the former boundaries of a municipal corporation the charter of which was repealed by operation of Code Section 36_30_7.1 may be enacted at the regular 1996 or 1997 session of the General Assembly without regard to the proximity of the proposed municipal corporation to an existing municipal corporation."
"36_31_2.
(a) On and after December 31, 2004, no
(b) Any provision of subsection (a) of this Code section to the contrary, a local Act granting a municipal charter to any area comprising the former boundaries of a municipal corporation the charter of which was repealed by operation of Code Section 36_30_7.1 may be enacted at the regular 1996 or 1997 session of the General Assembly without regard to the proximity of the proposed municipal corporation to an existing municipal corporation."
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.