Georgia Contract For The Lease Of Residential Real Property: Fill & Download for Free

Not unless those towns were intentionally designed around libertarian ideals.Imagine a large group of libertarians inhabit an unincorporated area of a county. These libertarians decide to form their own municipal government with the express purpose of acting as a hedge against the effects of county, state and federal government. But they want to work within the established system. In short they want local autonomy so they can abstain from exercising it.Their town charter defines a figurehead government that is explicitly prohibited from exercising the legislative, executive, judicial and taxing authority granted to it by the state. Additionally, the charter requires this new government to make efforts to mitigate the effects of county, state and federal laws to the fullest extent legally allowed. Finally, it sets the bar for amending the charter extremely high, for instance requiring unanimous consent of residents.What would such a government look like in practice?To answer this question, we can look to the requirements each state specifies for the formation and continued existence of a municipal corporation. For instance, the state of Georgia requires the following to incorporate:An area with at least 200 personsA population density of at least 200 persons per square mileAt least 60% of land must be developed for residential, commercial, industrial, institutional, governmental or recreational purposes.At least 60% of the total acreage must consist of lots that are five acres or less in size.A “Local Act” bill creating the municipal charter must be sponsored by a state legislator, approved by the local residents, signed by a legislative deligation and passed by the state legislature.The author of the bill must certify that all minimum statutory requirements have been met.Evidence of population and development requirements including census figures, maps, photographs, or surveys must accompany the certification and become a permanent part of the charter.To remain incorporated a municipal corporation must:Provide at least three public services (directly or through contract):Law enforcementFire protection and fire safetyRoad and street construction or mainenanceSolid waste managementWater supply or distribution or bothStormwater collection and disposalElectric or gas utility serviceEnforcement of building, housing, plumbing and electrical codes and other similar codesPlanning and zoningRecreation facilitiesHold at least six regular, monthly or bimonthly officially recorded public meetings within a twelve month periodQualify for and hold a regular municipal elections as provided by lawSubmit certification of continued compliance with the minimum standards for an active municipality.It is worth pointing out that while a municipal corporation is required to provide three services to the community, it is not required to be the exclusive provider of these services nor is it required that it engage in exclusive contracts with third party providers.An example charter would include provisions such as:This city shall have all powers possible for a city to have under the present or future constitution and laws of this state but shall be prohibited from exercising any powers not explicitly enumerated.This city’s enumerated powers shall be:Appropriations and ExpendituresTo make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter; and to provide for the payment of expenses of the city;ContractsTo enter into contracts and agreements with other governmental entities and with private persons, firms and corporations;FeesTo fix, assess and collect a service charge or fee in exchange for such services offered to and voluntarily accepted by any individuals, firms and corporations residing in or doing business with this city; and to provide for the manner and method of collecting such service charges;GiftsTo accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;Municipal Agencies and Delegation of PowerTo create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;Municipal DebtsTo appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter;Municipal Property Ownership.To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;Municipal Utilities.To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the charges, rates, fares, fees, and assessments, and to provide for the withdrawal of service for refusal or failure to pay the same;The above example was taken from the Georgia Model Municipal Charter 5th Edition and modified to prohibit exercise of all powers beyond those any individual has a natural right to exercise.There are far more details that go into a municipal charter. Defining the structure of the government, it’s geographic boundaries, exercise of powers, separation of powers, administration, adjudication, elections, finance, etc.