PocketLaw | Georgia Code | Certificate of Eligibility for Grant

Certificate of Eligibility for Grant Generally; Submission; Form; Execution and Attestation; Penalty for Signing False Certificate

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Each municipal corporation, as defined in Code Section 36-40-21, shall submit to the Office of the State Treasurer a certificate showing the number of regular meetings held within the preceding 12 months by the governing body of the municipal corporation and stating that ad valorem taxes on real property were levied and collected in such municipal corporation within the 12 months preceding such certificate or stating that the municipal corporation performed at least two of the activities and services enumerated in Code Section 36-40-21.

(b) Such certificate shall be substantially in the following form:

CERTIFICATE

"The undersigned, Mayor (Chairman of the Commission) of (Official Corporate Name), does hereby certify that ____ regular meetings of the governing body were held during the past 12 months and that ad valorem taxes were levied and collected during the past 12 months for the operation of the government of (Official Corporate Name) or that the municipal corporation performed the following two services: _____________________________________________________________________ and _________________________________________________________________________. The municipal treasurer or other official or officials authorized to receive municipal funds is (are) ________________________________________________. __________________________ __________________________________________ Date Mayor (Chairman of Commission) Attest: __________________________ Clerk"

Such certificate shall be executed by the highest elective official, whether designated as mayor or by some other term (or as chairman of the commission in those municipal corporations having a commission form of government), and shall be attested by the clerk. The name of the municipal corporation used in the certificate shall be its official corporate name. The name of the municipal treasurer or other official or officials authorized to receive municipal funds shall be listed in the certificate and the instrument transferring funds to the municipal corporation shall be payable to such treasurer or other official or officials as listed in the certificate.

The information contained in the certificate shall constitute the basis upon which the Office of the State Treasurer shall make the distribution of funds under this article.

Any person willfully and knowingly signing a certificate containing false information shall be guilty of a misdemeanor.

(Ga. L. 1967, p. 889, § 4; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.)

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.

State treasurer must make two fund computations during census year.

- Only manner in which the state treasurer 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 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

C.J.S.

- 62 C.J.S., Municipal Corporations, § 522 et seq.

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