reglab/housing_qa huggingface dataset:
GA Code § 36-44-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-5. Power of Political Subdivision

  Subject to the limitation of subsection (b) of this Code section, a political subdivision may exercise any powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the power to:   Describe the boundaries of one or more redevelopment areas within its area of operation, but any redevelopment area so described shall conform to the definition of a redevelopment area provided by paragraph (7) of Code Section 36-44-3;   Cause redevelopment plans to be prepared, to approve by resolution the plans, and to implement the provisions and effectuate the purposes of the plans;   Create within redevelopment areas tax allocation districts and define the boundaries thereof or designate an entire redevelopment area as a tax allocation district;   Define the boundaries of portions of a redevelopment area or an entire redevelopment area for the implementation of redevelopment plans other than plans calling for the creation of tax allocation districts;   Issue tax allocation bonds;   Deposit moneys into and disburse moneys from the special fund of any tax allocation district;   Enter into and execute any contracts, leases, mortgages, or other agreements, including agreements with bondholders or lenders, determined by the local legislative body to be necessary or convenient to implement the provisions and effectuate the purposes of redevelopment plans. The contracts or agreements may include conditions, restrictions, or covenants which either run with the land or otherwise regulate the use of land;   Acquire and retain or acquire and dispose of property or interests therein for redevelopment purposes or use or dispose of property or interests therein presently owned by the political subdivision for redevelopment purposes; and any disposition of such property or interests therein may be by public or private sale or lease; and   Exercise, for the purposes of this chapter, any powers conferred upon political subdivisions by Chapter 61 of this title, the "Urban Redevelopment Law."     The powers granted to political subdivisions by subsection (a) of this Code section and by this chapter and any powers delegated to a redevelopment agency pursuant to Code Section 36-44-6 may be exercised only for the purpose of adopting and implementing redevelopment plans, but this limitation shall not be construed to interfere with the exercise of any power now or hereafter possessed by a political subdivision which is granted by any other law.     (Code 1981, §36-44-5, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-6. Delegation of Powers; Limitations on Delegation

  Subject to the limitations of subsection (b) of this Code section, the local legislative body of a political subdivision, by resolution, may delegate any of its redevelopment powers to its redevelopment agency created or designated pursuant to Code Section 36-44-4. The local legislative body shall have authority to delegate some or all such powers in such manner and pursuant to such terms and conditions as the local legislative body shall provide by resolution. Any such resolution shall specify any powers delegated to a redevelopment agency, and such resolution may be amended, modified, or repealed by the local legislative body adopting it.   Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements:   Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7;   The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision;   A tax allocation district must be created by resolution of the local legislative body of the political subdivision;   The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision;   The power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and   A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the "Urban Redevelopment Law."       (Code 1981, §36-44-6, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)   Code Commission notes.   - The amendment of this Code section by Ga. L. 2009, p. 8, § 36, irreconcilably conflicted with and was treated as superseded by Ga. L. 2009, p. 158, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).
GA Code § 36-44-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-7. Approval of Redevelopment Plans

  A redevelopment plan may be proposed by the redevelopment agency of a political subdivision, but such plan may not be implemented until it is approved by the adoption of a resolution of the local legislative body of the political subdivision as provided in this chapter.   When a proposed redevelopment plan is prepared, it shall be submitted by the redevelopment agency to the local legislative body. Within the 60 day period after the plan is submitted, the local legislative body shall hold at least one public hearing on the proposed redevelopment plan. The local legislative body shall cause the time, date, place, and purpose of each such public hearing to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of each public hearing.   Within 45 days after completing the public hearings required by subsection (b) of this Code section, the local legislative body of the political subdivision shall schedule and hold a meeting of the local legislative body for the purpose of considering the approval of the redevelopment plan. The local legislative body shall cause the date, time, place, and purpose of such meeting to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of such meeting. At such meeting the redevelopment plan shall be approved as submitted, amended and approved, or rejected and returned to the redevelopment agency for further consideration. Any redevelopment plan rejected by the local legislative body shall be returned to the redevelopment agency and shall be subject to the public hearing requirements of subsection (b) of this Code section if it is again submitted to the local legislative body for approval, either in the same or amended form.   Once approved by the local legislative body, a redevelopment plan may be amended only by the local legislative body of the political subdivision. The local legislative body shall cause the date, time, place, and purpose of any meeting of the local legislative body at which an amendment to a redevelopment plan is to be considered to be advertised in the same manner as prescribed by subsection (c) of this Code section for a meeting to consider the adoption of a redevelopment plan.     (Code 1981, §36-44-7, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-12 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-12. Termination of Tax Allocation Districts

 The existence of a tax allocation district shall terminate when the local legislative body, by resolution, dissolves the district, but no such resolution may be adopted until all redevelopment costs have been paid.    (Code 1981, §36-44-12, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-13 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-13. Payment of Redevelopment Costs

 Payment of redevelopment costs may be made by any of the following methods or any combination thereof:    Payment by the political subdivision from the special fund of the tax allocation district;   Payment from the general funds of a political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20;   Payment out of the proceeds of the sale of revenue bonds issued by the political subdivision pursuant to Chapter 61 of this title, the "Urban Redevelopment Law," and revenue bonds may be issued under such law for redevelopment purposes within the meaning of this chapter;   Payment out of the proceeds of the sale of tax allocation bonds issued by the political subdivision under this chapter;   Payment from the proceeds from any loans made to a political subdivision pursuant to the authority of Code Section 36-44-16; and   Lease payments and other payments pursuant to contracts under a redevelopment plan.     (Code 1981, §36-44-13, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-15 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-15. Determining Tax Millage Rate; No Freeze to Ad Valorem Tax Millage

 For the purpose of fixing the tax millage rate to fund the annual budget of each political subdivision or county or independent board of education having the power to levy taxes or set ad valorem tax millage rates on property located within a tax allocation district, which has consented to the inclusion of its ad valorem property taxes for the computation of tax allocation increments as provided in Code Section 36-44-9, the taxable value of property subject to ad valorem property taxes within a tax allocation district shall not exceed the tax allocation increment base of the district until the district is terminated. Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education consenting to the inclusion of its ad valorem property taxes as a basis for computing tax allocation increments, and any such rate may be increased or decreased at any time after the creation of a tax allocation district in the same manner and under the same authority that such rate has been previously fixed by such political subdivision or county or independent board of education.    (Code 1981, §36-44-15, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-16 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-16. Loans for Financing Redevelopment Costs

 As an additional source for financing redevelopment costs, a political subdivision or its redevelopment agency may borrow funds from financial institutions and, in connection therewith, may pledge or assign lease contracts or revenue received from lease contracts on property owned by the political subdivision or its redevelopment agency within a redevelopment area. A political subdivision or its redevelopment agency is authorized to enter into contracts with financial institutions for the purpose of exercising the authority provided by this Code section, and such contracts may obligate the political subdivision or its redevelopment agency for any number of years not exceeding 25. Contractual obligations incurred by a political subdivision pursuant to this Code section shall not constitute debt within the meaning of Article IX, Section V of the Constitution.    (Code 1981, §36-44-16, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-17 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-17. Limitation on Creation of Tax Allocation District

 No political subdivision may create a tax allocation district when the total current taxable value of property subject to ad valorem property taxes within the proposed district plus the total current taxable value of property subject to ad valorem property taxes within all its existing tax allocation districts exceeds 10 percent of the total current taxable value of all taxable property located within the area of operation of the political subdivision.    (Code 1981, §36-44-17, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-18 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-18. Application of Urban Redevelopment Law

 It is specifically provided that Code Section 36-61-16 of the "Urban Redevelopment Law," which Code section provides for cooperation among public bodies for redevelopment purposes under said law, shall be applicable to the exercise of redevelopment powers provided by this chapter.    (Code 1981, §36-44-18, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-19 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-19. Contracting With Private Individuals or Entities

 A political subdivision may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such contracts may include, without being limited to, contracts to convey or otherwise obligate real property for redevelopment under this chapter although that property has not yet been acquired at the time of contracting by the county or municipality.    (Code 1981, §36-44-19, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-20 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-20. Requirement of Insufficiency

  Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that district's special fund are insufficient at any time to pay principal and interest due on such bonds.   The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the district's special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan.     (Code 1981, §36-44-20, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-21 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-21. Public Employees and Officials Prohibited From Holding Interest Disclosures; Voidability of Prohibited Transactions; Misconduct in Office

  No elected or appointed official or employee of a political subdivision or a board, commission, or redevelopment agency thereof shall voluntarily acquire any interest, direct or indirect, in any property included or planned to be included in a redevelopment area, or in any contract or transaction or proposed contract or transaction in connection with the redevelopment of that redevelopment area. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body. Any such elected or appointed official or employee who, within two years immediately prior to the date the plan is submitted to a local legislative body under subsection (b) of Code Section 36-44-7, acquires ownership or control of any interest, direct or indirect, in any property which is included in the redevelopment area designated in that plan and who retains that ownership or control at the time that such plan is so submitted shall, at least 30 days prior to the date scheduled for the local legislative body to adopt the plan, disclose the interest in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body, and that person shall not participate in any action by the political subdivision, board, commission, or redevelopment agency thereof which affects that property. Any disclosure required to be made by this subsection shall concurrently be made to the redevelopment agency.   Any contract or transaction in violation of subsection (a) of this Code section or disclosure of which is not made as provided in that subsection (a) shall be voidable by the local legislative body. This subsection shall not apply to any indenture, agreement, contract, or transaction which constitutes security, direct or indirect, for payment of bonds or other obligations incurred pursuant to a redevelopment plan, and the judgment and order confirming and validating any such bonds or other obligations shall constitute a final and conclusive adjudication as to any such security.   Failure by an official or employee to comply with subsection (a) of this Code section shall constitute misconduct in office.     (Code 1981, §36-44-21, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-22 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-22. Approval of Local Law; Expansion of Authorities by Localities Prohibited

 Redevelopment powers under this chapter may not be exercised by any political subdivision unless so authorized by a local law relating thereto, which local law may limit but may not expand those redevelopment powers established by this chapter as to the local political subdivision to which the local law is applicable. Such local law, and all amendments thereto, shall become effective only if approved in a special election by a majority of the qualified voters voting of each political subdivision directly affected, which special election shall be held as provided in that local law, but in conformity with the requirements for special elections pursuant to Title 21.    (Code 1981, §36-44-22, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-44-23 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 44 - Redevelopment Powers|§ 36-44-23. Cumulative and Supplemental Powers

 The powers provided by this chapter are intended by the General Assembly to be cumulative and supplemental to any powers heretofore provided by law for counties, municipalities, and consolidated governments of this state and not in lieu of any such heretofore existing powers.    (Code 1981, §36-44-23, enacted by Ga. L. 2009, p. 158, § 2/HB 63.)
GA Code § 36-60-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 60 - General Provisions|§ 36-60-1. Licensing of Self-Service Motor Fuel Dispensing Pumps; Penalty for Operation Without License or Attendant

  The governing authority of each county and municipal corporation is authorized to license the operation of self-service motor fuel dispensing pumps and to charge a fee for each license. If the governing authority determines that the operation of self-service motor fuel dispensing pumps will not be injurious to the health or welfare of the residents of the political jurisdiction affected, it shall grant a license to any applicant not otherwise disqualified by law who makes application on a form prescribed by the governing authority. The license shall be effective from January 1 to December 31 of each year.   It shall be unlawful for any person, firm, or corporation to operate a self-service motor fuel dispensing pump unless an attendant is present at the pump's location and such person, firm, or corporation has obtained a valid license from the governing authority of the political jurisdiction affected. Any person, firm, or corporation violating this Code section shall be guilty of a misdemeanor.   This Code section shall not apply to motor fuel dispensing units which are not open to the public.    (Ga. L. 1971, p. 683, §§ 1-3.)   Cross references.   - Dispensing of gasoline at self-service pumps to holders of special disability permits, § 10-1-164.1.    Motor fuel taxes generally, § 48-9-1 et seq.   Law reviews.   - For article as to the power of Georgia local governments to regulate the trades and occupations of its citizens, see 9 Ga. L. Rev. 115 (1974).   JUDICIAL DECISIONS   Statute is not unconstitutional.    - Statute's enactment was a proper exercise of the police power, and the statute's delegation on a local option basis of police power to the local governing authorities was a proper, and not unconstitutional, delegation. Stop-N-Go Markets of Ga., Inc. v. City of Clarkston, 238 Ga. 307, 232 S.E.2d 906 (1977).    Cited in J & L Oil Co. v. City of Carrollton, 230 Ga. 817, 199 S.E.2d 190 (1973).   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Garages, and Filling and Parking Stations, §§ 12, 13, 122, 126.   C.J.S.   - 53 C.J.S., Licenses, § 142. 101A C.J.S., Zoning and Land Planning, §§ 63, 125 et seq.   ALR.    - Public regulation or authorization of gasoline filling stations, 18 A.L.R. 101; 29 A.L.R. 450; 34 A.L.R. 507; 42 A.L.R. 978; 49 A.L.R. 767; 55 A.L.R. 256; 79 A.L.R. 918; 96 A.L.R. 1337.    Rights and remedies of parties in respect to lease of filling station, 83 A.L.R. 1416; 126 A.L.R. 1375.    Automobile gas filling or supply station as a nuisance, 124 A.L.R. 383.    Right of one who acquires title to, or other interest in, real property to benefit of a license previously issued by the public, permitting use of property for a specified purpose, 131 A.L.R. 1339.   Validity and construction of statute or ordinance regulating or prohibiting self-service gasoline filling stations, 46 A.L.R.3d 1393.