GA Code § 36-34-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 34 - Powers of Municipal Corporations Generally|§ 36-34-2. Powers Relating to Administration of Government Generally

 In addition to the other powers which it may have, the governing body of any municipal corporation shall have the following powers, under this chapter, relating to the administration of municipal government:    The power to establish municipal offices, agencies, and employments;   The power to define, regulate, and alter the powers, duties, qualifications, compensation, and tenure of all municipal officers, agents, and employees, provided that the members of the municipal governing body shall not have the right to fix or change their own terms or the terms of their successors, nor to alter their own salaries or compensation, except pursuant to the authority of Code Section 36-35-4, nor to alter such duties or responsibilities as are specifically given to a particular elective official by charter;   The power to authorize any of the officers, agents, and employees of the municipal corporation to serve, in any manner prescribed by applicable law, any process, summons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when:   The paper to be served arises out of or relates to an activity or condition conducted or maintained by such person within the territorial jurisdiction of the municipal corporation in violation of an applicable law or ordinance; and   The paper to be served originates in or is issued under the authority of the department or branch of municipal government employing such officer, agent, or employee.  Where any such paper names one or more persons who reside outside the territorial jurisdiction of the municipal corporation, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this state;      The power to establish merit systems, retirement systems, and insurance plans for all municipal employees and to establish insurance plans for school employees of independent municipal systems and to provide the method or methods of financing such systems and plans;   The power to contract with any state department or agency or any other political subdivision for joint services or the exchange of services; to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any state agency or political subdivision to perform any service or execute any project for such agency or subdivision in which the municipal corporation has an interest;   The power to legislate, regulate, and administer all matters pertaining to absentee voting in municipal elections; and     The power to grant franchises to or make contracts with railroads, street railways, or urban transportation companies, electric light or power companies, gas companies, steam-heat companies, telephone companies, water companies, and other public utilities for the use and occupancy of the streets of the city, for the purpose of rendering utility services, upon such conditions and for such time as the governing authority of the municipal corporation may deem wise and subject to the Constitution and the general laws of this state.   The amount of fees collected from customers of public utilities or companies as a result of franchise agreements or contracts authorized by this paragraph shall be itemized on bills or invoices transmitted to customers for utility services. The requirements of this subparagraph shall not apply to fees that are included in the system-wide charges or base rates of a public utility or company subject to a franchise agreement or contract.      (Ga. L. 1962, p. 140, § 2; Ga. L. 1973, p. 778, § 2; Ga. L. 1976, p. 188, § 1; Ga. L. 1979, p. 645, § 1; Ga. L. 1987, p. 3, § 36; Ga. L. 1989, p. 812, § 1; Ga. L. 1992, p. 2122, § 2; Ga. L. 1993, p. 91, § 36; Ga. L. 1995, p. 1189, § 1; Ga. L. 2007, p. 164, § 1/HB 107; Ga. L. 2012, p. 847, § 2/HB 1115.)   Cross references.   - Home rule powers of municipalities, Ga. Const. 1983, Art. IX, Sec. II, Paras. I-VII.    Extent of interest obtainable by condemnor upon condemnation, § 22-2-85.    Taxation of special franchises, § 48-5-420 et seq.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1993, "compensation" was substituted for "compensations" in paragraph (2).   Law reviews.   - For article, "The Use of the Police Power by Local Governments and Some Problems of Intergovernmental Relations," see 8 J. of Pub. L. 109 (1959). For article, "Local Government and Contracts that Bind," see 3 Ga. L. Rev. 546 (1969).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Public Employees   Franchises    OPINIONS OF THE ATTORNEY GENERAL    City may establish personnel department and merit board  without the necessity of special Acts of the General Assembly. 1969 Op. Att'y Gen. No. 69-310.    City may set up retirement system  for city employees without necessity of amending city charter. 1970 Op. Att'y Gen. No. U70-80.    State law does not prohibit grant of franchise to community antenna television  system by municipality; cable television is not regulated by the Georgia Public Service Commission. 1970 Op. Att'y Gen. No. U70-190.   State not exempt from franchise fee when paid indirectly.   - While the state might not be required to pay a franchise fee or other tax directly to a city, in those situations where the state is paying money to a company, and that company is in turn remitting the money to the city as a franchise fee, it cannot be said that the state is the entity which is subject to the legal incidence of the tax so that it could successfully assert an exemption from such fees. 1976 Op. Att'y Gen. No. 76-42.   Payment for utilities by department unaffected by taxes paid to municipality.   - Obligation of the Department of Administrative Services to pay for utilities at an established rate is not affected by the fact that the sums paid may include or reflect taxes paid by the provider of the services to a municipality. 1976 Op. Att'y Gen. No. 76-42.   Municipal contributions to day care center.   - Unless a provision in the city charter allows such an expenditure, a city may not contribute to a day care center. 1984 Op. Att'y Gen. No. U84-14.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 163 et seq., 224, 236.   C.J.S.   - 29 C.J.S., Election, § 345 et seq. 37 C.J.S., Franchises, §§ 26, 27. 62 C.J.S., Municipal Corporations, §§ 143, 178, 416, 417, 490 et seq. 63 C.J.S., Municipal Corporations, § 863 et seq. 64 C.J.S., Municipal Corporations, §§ 1169, 1171, 1178, 1180, 1181, 1192, 1292 et seq., 1896 et seq.   ALR.    - Power of municipality to assume the duty of providing and maintaining railroad crossings, 1 A.L.R. 316.    Power of public service commission to increase franchise rates, 3 A.L.R. 730; 9 A.L.R. 1165; 28 A.L.R. 587; 29 A.L.R. 356.    Power of municipal council to correct its minutes, 3 A.L.R. 1308.    Power of municipality to exact license tax or fee from interurban carrier, 31 A.L.R. 594.    Power of municipal corporation to take out liability insurance, 33 A.L.R. 717.    Forfeiture of street railway franchise for breach of condition, 34 A.L.R. 1413.    Power of municipal corporation to purchase or charter a boat or barge, 39 A.L.R. 1332.    Power of municipal corporation to submit to arbitration, 40 A.L.R. 1370.    Liability of municipal corporation upon implied contract for use of property which it received under an invalid contract, 42 A.L.R. 632.    Liability of municipality as affected by license issued by municipal officer, 42 A.L.R. 1208.    Power of municipal corporation or authorities to employ detective, 45 A.L.R. 737.    Liability of municipal corporations and their licensees for the torts of independent contractors, 52 A.L.R. 1012.    Power of municipality to transfer or assign its right to enforce assessment or lien for local improvements, 55 A.L.R. 667.    Power of municipality to maintain public hack stand on property of carrier, 56 A.L.R. 767.    Power of municipal corporation to fix rates of motor vehicles for hire, 65 A.L.R. 1364.    Power of board to appoint officer or make contract extending beyond its own term, 70 A.L.R. 794; 149 A.L.R. 336.    Duration of street franchise without fixed term, beyond the life of the grantee, 71 A.L.R. 121.    Discretion of civil service commission as regards promotional examinations for eligible list, 75 A.L.R. 1234.    Power to include in municipal contract or proposal therefor, provisions designed to relieve local unemployment, or encourage local industries, 81 A.L.R. 255.    Power of municipality to fix specific scale of wages or hours for employees of contractors or subcontractors for municipal contracts, 81 A.L.R. 349; 129 A.L.R. 763.    Power of municipal corporation to employ attorney, 83 A.L.R. 135.    Power of municipality to extend license regulation or occupation tax beyond its own territorial limits, 86 A.L.R. 917.    Rights, duties, and remedy in respect of leasing or hiring public property to private person for occasional use, 86 A.L.R. 1175.    Estoppel of municipality to deny that it gave its consent to street franchise, 89 A.L.R. 619.    Profit factor in determining rates for municipally owned or operated public utility, 90 A.L.R. 700.    Disposition of revenues from operation of revenue-producing enterprise owned by municipal corporation, 103 A.L.R. 579; 165 A.L.R. 854.    Power of municipal corporation, as adjunct of public utility service furnished by it, to sell to consumers equipment necessary or convenient for use of the service, 108 A.L.R. 1454.    Power of municipality to classify for purposes of taxation as affected by classification made by state or its failure to classify, 110 A.L.R. 1203.    Right and duty of city and public utility upon expiration by limitation of street franchise, 112 A.L.R. 625.    Power of county or municipality to exempt from taxation or otherwise aid or subsidize private enterprises conducted for recreational, exhibition, or entertainment purposes, 116 A.L.R. 889.    Right of municipality to invoke constitutional provisions against acts of state legislature, 116 A.L.R. 1037.    Right of municipality or other political subdivision to enforce against other party contract which was in excess of former's power, or which did not comply with the conditions of its power in that regard, 122 A.L.R. 1370.    Power of municipalities or other political subdivisions to engage in a joint project or enterprise, 123 A.L.R. 997.    Municipal ordinance relating to persons engaged in specified occupations or professions as applicable to officials or employees of state or political subdivision other than the municipality, 123 A.L.R. 1383.    Municipal license as affecting municipality's exercise of police power adversely to licensee, 124 A.L.R. 523.    Inclusion of different franchise rights or purposes in same ordinance, 127 A.L.R. 1049.    Power of municipality to agree to abide by conditions or regulations imposed by federal authority in respect of construction, maintenance, or operation of a municipal public utility plant or enterprise, 128 A.L.R. 620.    Public regulation of dry cleaning and dyeing establishments, 128 A.L.R. 678.    Statute relating to municipal fire departments as interference with local self-government, 141 A.L.R. 903.    Implied or inherent power of municipal corporation to sell its real property, 141 A.L.R. 1447.    Validity, construction, and application of municipal ordinances relating to loading or unloading passengers by interurban buses on streets, 144 A.L.R. 1119.    Certificates by state authorizing operation of motorbus lines over section of highway as affected by its subsequent annexation to city, 154 A.L.R. 1440.    Governmental body's right to enjoin breach of contract for unique or extraordinary services, 161 A.L.R. 881.    Power of municipal corporation to contribute financially to municipal league or other organizations of a similar character, 169 A.L.R. 1230.   Discrimination between property within and that outside municipality or other governmental district as to public service or utility rates, 4 A.L.R.2d 595.   Power of city, town, or county or their officials to compromise claim, 15 A.L.R.2d 1359.   Liability of municipality in damages for its refusal to grant permit, license, or franchise, 37 A.L.R.2d 694.   Power of municipality to sell, lease, or mortgage public utility plant or interest therein, 61 A.L.R.2d 595.   Power of municipal corporation to submit to arbitration, 20 A.L.R.3d 569.   Right of municipal corporation to recover back from contractor payments made under contract violating competitive bidding statute, 33 A.L.R.3d 397.   Validity and construction of municipal ordinances regulating community antenna television service (CATV), 41 A.L.R.3d 384.   Standing to contest award of, or acquisition of right to operate, cable TV certificate, license, or franchise in state court action, 78 A.L.R.3d 1255.   Validity, construction, and application of enactments relating to requirement of residency within or near specified governmental unit as condition of continued employment for policemen or firemen, 4 A.L.R.4th 380.   Placement, maintenance, or design of standing utility pole as affecting private utility's liability for personal injury resulting from vehicle's collision with pole within or beside highway, 51 A.L.R.4th 602.   Validity, construction, and application of state enactment, order, or regulation expressly prohibiting sexual orientation discrimination, 82 A.L.R.5th 1.   Construction and application of U.S. Const. Art. I, § 10, cl. 1, and state constitutional provisions proscribing state bills of attainder, 63 A.L.R.6th 1.