Bill Text: GA HB830 | 2011-2012 | Regular Session | Introduced

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Bill Title: Municipal corporations; certain requirements and standards for incorporation; provide

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-31 - House Second Readers [HB830 Detail]

Download: Georgia-2011-HB830-Introduced.html

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12 LC 28 5982

House Bill 830

By: Representatives Parent of the 81st, Oliver of the 83rd, and Mosby of the 90th

A BILL TO BE ENTITLED
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 provide certain requirements and standards for the incorporation of new municipal corporations; to provide for related matters; 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 adding a new Code section to read as follows:

"36-31-13.

(a) Any bill to incorporate a new municipality may be introduced in the General Assembly only during the regular session which is held during the first year of the term of office of members of the General Assembly. Any such bill to incorporate a new municipality may be passed by the General Assembly only during the regular session which is held during the second year of the term of office of members of the General Assembly.

(b) During the session in which a bill to incorporate a new municipality is introduced, the committee to which the bill is assigned shall determine the proposed boundaries of the new municipality and such boundaries shall not be changed thereafter in the second year of the term in which the bill is introduced.

(c) During the interim between the first and second sessions of the General Assembly, a financial viability study shall be conducted on the proposed municipality. Such study shall include, but shall not be limited to, the following issues:

(1) The economic viability of the proposed municipality and the amount of taxes necessary to sustain the appropriate levels of services required by the municipality to meet the needs of its inhabitants;

(2) The financial impact of the incorporation of the municipality on the county in which such municipality is located;

(3) The financial impact of the incorporation of the municipality on adjacent existing municipalities in the same county; and

(4) A comparison of the estimated costs of police, fire, and sanitation services in the area of the proposed new municipality, the county, and adjacent existing municipalities in the same county before and after the proposed incorporation of the new municipality.

(d) The corporate limits of a new municipality shall not create unincorporated islands. As used in this subsection, an 'unincorporated island' is an unincorporated area:

(1) With its aggregate external boundaries abutting the new municipality;

(2) With its aggregate external boundaries abutting any combination of the new municipality and one or more other existing municipalities or counties, including areas separated by the width of an interstate highway from the boundaries of the new municipality; or

(3) To which the county would have no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county.

(e) In the case of a new municipality being created within close proximity to existing municipalities as provided in this subsection, no action shall be taken by the General Assembly without the express consent of such existing municipality evidenced by a written resolution passed by a majority of such municipality's governing authority. An existing municipality shall be considered for the purposes of this subsection to be in close proximity to the new municipality if it is within the same county and falls within one of the following classifications:

(1) Within one-fourth mile of an existing municipality with a population of less than 5,000 persons according to the last United States decennial census;

(2) Within one-half mile of an existing municipality with a population of not less than 5,000 nor more than 24,999 persons according to the last United States decennial census;

(3) Within one mile of an existing municipality with a population of not less than 25,000 nor more than 49,999 persons according to the last United States decennial census;

(4) Within two miles of an existing municipality with a population of not less than 50,000 nor more than 99,999 persons according to the last United States decennial census; or

(5) Within three miles of an existing municipality with a population of not less than 100,000 persons according to the last United States decennial census.

(f) Each committee of the General Assembly considering the bill to incorporate a new municipality shall take testimony and evidence to determine the existence of less disruptive and less costly alternatives to the incorporation of a new municipality to meet the needs of the persons located in the area of the proposed new municipality including, but not limited to:

(1) Overlay zoning districts;

(2) Special land use districts; and

(3) Special tax districts.

The chairpersons of the House and Senate committees considering such legislation shall include with any 'do pass' recommendation a certificate that such options have been considered and, based upon the testimony and evidence before the committee, such options are not sufficient to meet the needs of the persons located in the proposed area to be incorporated and that a new municipality is the only option that will meet the needs of such citizens. Such legislation shall not be considered for passage by the full house of either house of the General Assembly unless such certification is attached to the report of the committee which is favorable to the passage of such bill."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.