reglab/housing_qa huggingface dataset:
GA Code § 36-34-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 34 - Powers of Municipal Corporations Generally|§ 36-34-6. Financing of Facilities and Services

 The governing body of each municipal corporation of this state is given the authority to issue, refund, and liquidate financial obligations, including bonds, incurred to finance any facilities or services which such municipal corporation undertakes to provide under authority of this chapter, subject to the provisions of the Constitution of this state and the general laws applicable to such bonds or other financial obligations.   (Ga. L. 1962, p. 140, § 7.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 511, 512.   C.J.S.   - 64A C.J.S., Municipal Corporations, §§ 2118 et seq., 2188 et seq.   ALR.    - Change in law as to municipal bonds as affecting bonds previously authorized or voted, but not issued, 19 A.L.R. 1055.    Assignment and transfer of government bonds, 22 A.L.R. 775.    Sale of municipal or other public bonds at less than par or face value, 91 A.L.R. 7; 162 A.L.R. 396.    Validity of municipal bond issue for purpose of paying employees, 96 A.L.R. 1204.    Funding or refunding obligations as subject to conditions respecting limitation of indebtedness or approval by voters, 97 A.L.R. 442.    Priority or preference as between different issues of bonds of municipalities or political subdivisions, absent express provisions in that regard, 108 A.L.R. 1018.    Requirement of prior appropriation by municipal authorities as condition of making a contract or incurring expense as applicable to local improvements, or bond issue payable only out of special funds and not constituting an obligation of the municipality, 124 A.L.R. 1467.    Kind or type of contractual obligation within general terms, "contracts," "obligations," etc., or specific terms, "bonds," "notes," etc., in statute validating or legalizing obligations of municipalities or other public bodies, 128 A.L.R. 1411.    Estoppel by recitals in municipal bonds as to lawfulness of issue, 158 A.L.R. 938.
GA Code § 36-34-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 34 - Powers of Municipal Corporations Generally|§ 36-34-7. Powers Supplemental

 The provisions of this chapter are in addition to the powers heretofore or hereafter granted to any municipal corporation.   (Ga. L. 1962, p. 140, § 8.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 166.   C.J.S.   - 62 C.J.S., Municipal Corporations, §§ 155, 156. 64 C.J.S., Municipal Corporations, § 1460.
GA Code § 36-34-8 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 34 - Powers of Municipal Corporations Generally|§ 36-34-8. Provisions of Chapter General Law; Enactment of Local or Special Laws on Subject Matters Covered by Chapter; Effect of Chapter Upon Amendment of Municipal Charters

 It is declared to be the intention of the General Assembly that the provisions of this chapter are general laws within the meaning of Article III, Section VI, Paragraph IV(a) of the Constitution. No local or special laws shall be enacted on subject matters over which municipal corporations are authorized to act pursuant to this chapter. Any provision of any municipal charter heretofore enacted covering subject matters over which municipal corporations are authorized to act pursuant to this chapter shall be amended, modified, superseded, or repealed only in accordance with subsection (b) of Code Section 36-35-3.   (Ga. L. 1972, p. 820, § 1; Ga. L. 1983, p. 3, § 57.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 95, 163 et seq.   C.J.S.   - 62 C.J.S., Municipal Corporations, §§ 139, 142, 150 et seq.
GA Code § 36-35-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 35 - Home Rule Powers|§ 36-35-1. Short Title

 This chapter shall be known and may be cited as "The Municipal Home Rule Act of 1965."   (Ga. L. 1947, p. 1118, § 1; Ga. L. 1951, p. 116, § 1; Ga. L. 1965, p. 298, § 1.)   Law reviews.   - For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For article, "The United States Supreme Court as Home Rule Wrecker," see 34 Mercer L. Rev. 363 (1982).   JUDICIAL DECISIONS    Municipal Home Rule Act of 1965 (this chapter) does not provide sole method by which General Assembly may amend a city charter so as to change city boundaries. Lee v. City of Jesup, 222 Ga. 530, 150 S.E.2d 836 (1966), cert. denied, 386 U.S. 993, 87 S. Ct. 1307, 18 L. Ed. 2d 337 (1967).   Constitutionality of local law extending municipal boundaries.    - Local law extending municipal boundaries does not violate the constitutional guarantee of due process of the law because it subjects property owners in the area annexed to taxation by the municipality; nor does the local law deny to such property owners equal protection of the law within the meaning of U.S. Const., amend. 14. Lee v. City of Jesup, 222 Ga. 530, 150 S.E.2d 836 (1966), cert. denied, 386 U.S. 993, 87 S. Ct. 1307, 18 L. Ed. 2d 337 (1967).   Constitutionality of Municipal Ordinance.    - Ordinance providing certain insurance benefits for dependents of city employees who qualified and registered as domestic partners, which defined "dependent" consistent with state law, did not violate the Georgia Constitution or the Municipal Home Rule Act. City of Atlanta v. Morgan, 268 Ga. 586, 492 S.E.2d 193 (1997).    Existence of prior statutes permitting enlargement of boundaries does not deprive General Assembly of power to alter and extend municipal boundaries without the consent of the persons affected thereby. Lee v. City of Jesup, 222 Ga. 530, 150 S.E.2d 836 (1966), cert. denied, 386 U.S. 993, 87 S. Ct. 1307, 18 L. Ed. 2d 337 (1967).    Both county governments and municipalities may levy taxes for public purposes connected with administration of county and city governments; as a corollary to this principle, it follows that counties and municipalities may appropriate and expend money for such public purpose. Peacock v. Georgia Mun. Ass'n, 247 Ga. 740, 279 S.E.2d 434 (1981).    Former Code 1933, § 69-904 et seq. was a "general law" and provided a method of municipal annexation as contemplated by the Municipal Home Rule Act of 1965 (see now O.C.G.A. § 36-35-1 et seq.). Niskey Lake Water Works, Inc. v. Garner, 228 Ga. 864, 188 S.E.2d 864 (1972).    Cited in  Dodson v. Graham, 462 F.2d 144 (5th Cir. 1972); Burnley v. Thompson, 524 F.2d 1233 (5th Cir. 1975).   OPINIONS OF THE ATTORNEY GENERAL    No city acting under this chapter could alter court  having jurisdiction over state offenses. 1971 Op. Att'y Gen. No. U71-30.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 109, 110.
GA Code § 36-35-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 35 - Home Rule Powers|§ 36-35-5. Filing of Charter Amendments or Revisions, Notices, and Affidavits; Publication and Distribution of Amendments and Revisions by Secretary of State

 No amendment or revision of any charter made pursuant to this chapter shall become effective until a copy of the amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published, to the effect that the notice has been published as provided in this chapter, has been filed with the Secretary of State and in the office of the clerk of the superior court of the county of the legal situs of the municipal corporation. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.   (Ga. L. 1965, p. 298, § 6.)   Law reviews.   - For article, "The Municipal Home Rule Act of 1965 (this chapter)," see 3 Ga. St. B. J. 333 (1967). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).   JUDICIAL DECISIONS   Mere failure to file ordinance does not make it ineffective charter amendment.    - After many months of operation under the ordinance as adopted and filed in the office of the Secretary of State, mere failure to also file the completed ordinance in the office of the clerk of court does not make the ordinance an ineffective charter amendment. Jackson v. Fraternal Order of Police Lodge No. 8, 234 Ga. 906, 218 S.E.2d 633 (1975).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 293.   C.J.S.   - 62 C.J.S., Municipal Corporations, § 351 et seq.
GA Code § 36-35-6.1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 35 - Home Rule Powers|§ 36-35-6.1. Signs for Privately Owned Businesses

 A municipality shall be prohibited from restricting the use of any language other than English on signs for privately owned businesses. This Code section shall not restrict the municipality's right to enact any other restrictions on signs.    (Code 1981, §41-1-10, enacted by Ga. L. 2001, p. 1196, § 5.1; Code 1981, §36-35-6.1, as redesignated by Ga. L. 2002, p. 415, § 41.)   Cross references.   - English designated as official language, § 50-3-100.   Editor's notes.   - By resolution (Ga. L. 1986, p. 529), the General Assembly designated the English language as the official language of the State of Georgia.
GA Code § 36-35-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 35 - Home Rule Powers|§ 36-35-7. Provisions of Chapter General Law; Enactment of Local or Special Laws on Subject Matters Covered by Chapter; Effect of Chapter Upon Amendment of Municipal Charters

 It is declared to be the intention of the General Assembly that the provisions of this chapter are general laws within the meaning of Article III, Section VI, Paragraph IV(a) of the Constitution. No local or special laws shall be enacted on subject matters over which municipal corporations are authorized to act pursuant to this chapter. Any provision of any municipal charter heretofore enacted covering subject matters over which municipal corporations are authorized to act pursuant to this chapter shall be amended, modified, superseded, or repealed only in accordance with subsection (b) of Code Section 36-35-3.   (Ga. L. 1972, p. 820, § 1; Ga. L. 1983, p. 3, § 57.)   Law reviews.   - For article, "The Municipal Home Rule Act of 1965 (this chapter)," see 3 Ga. St. B. J. 333 (1967). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 95, 163 et seq.   C.J.S.   - 62 C.J.S., Municipal Corporations, §§ 139, 142, 150 et seq.
GA Code § 36-35-8 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 35 - Home Rule Powers|§ 36-35-8. Effect of Conflict With Chapter 34

 In the event of a conflict between this chapter and Chapter 34 of this title, this chapter shall control.
GA Code § 36-37-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 37 - Acquisition and Disposition of Real and Personal Property Generally|§ 36-37-1. Devises, Gifts, and Grants of Property for Parks or Other Public Purposes

  By appropriate conveyance, any person may devise, give, or grant to any municipal corporation of this state, in fee simple or in trust, or to other persons as trustees, lands dedicated by such conveyance in perpetuity to the public use as a park, pleasure ground, or for other public purpose. By such conveyance, any person may also devise, give, or grant in perpetuity to such corporations or persons other property, real or personal, for the development, improvement, and maintenance of such property.   Any municipal corporation or other persons, natural or artificial, as trustees, to whom such devise, gift, or grant is made may accept the same in behalf of and for the benefit of the public. The municipal corporation or trustees shall have the right to improve, embellish, and ornament the land so granted as a public park or for other public use. Every municipal corporation to which such conveyance is made shall have the power, by appropriate police provision, to protect the public in the use and enjoyment thereof.    (Ga. L. 1905, p. 117, §§ 1, 2; Civil Code 1910, §§ 890, 891; Code 1933, §§ 69-504, 69-505.)   Cross references.   - Further provisions regarding gifts of property or money to counties and municipalities for playground or recreation purposes, § 36-64-6.   Law reviews.   - For comment on Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966), see 2 Ga. St. B. J. 487 (1966). For comment on Evans v. Abney, 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634 (1970), as to reversion of a charitable trust designed to operate on a segregated basis rather than application of cy pres, see 22 Mercer L. Rev. 493 (1971).   JUDICIAL DECISIONS    Public character of a park requires that the park be treated as a public institution subject to the command of U.S. Const., amend. 14. Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966). For comment, see 2 Ga. St. B.J. 487 (1966).    When the testator's intent to create racially segregated city park could not legally be carried out, application of cy pres doctrine reverting land to heirs was not unconstitutional. Evans v. Abney, 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634 (1970). For comment, see 22 Mercer L. Rev. 493 (1971).    Cited in Evans v. Abney, 224 Ga. 826, 165 S.E.2d 160 (1968).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 470 et seq. 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, §§ 6, 7.   C.J.S.   - 63 C.J.S., Municipal Corporations, §§ 1143, 1146, 1150.   ALR.    - Power of municipal corporation or other political body to accept and administer trust, 10 A.L.R. 1368.   Validity and effect of gift for charitable purposes which excludes otherwise qualified beneficiaries because of their race or religion, 25 A.L.R.3d 736.   Construction of highway through park as violation of use to which park property may be devoted, 60 A.L.R.3d 581.
GA Code § 36-37-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 37 - Acquisition and Disposition of Real and Personal Property Generally|§ 36-37-2. Acceptance of Donations or Gifts of Property Generally

 Each municipal corporation is authorized to receive any donations or gifts of real or personal property which may be made to it by deed of gift, will, or otherwise, subject to such conditions as may be specified in the instrument giving or donating the property, if the governing body of the municipal corporation approves of such conditions.   (Ga. L. 1892, p. 104, § 1; Civil Code 1895, § 740; Civil Code 1910, § 887; Code 1933, § 69-501.)   Law reviews.   - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963).   JUDICIAL DECISIONS   Bequests for charitable purposes.    - Incorporated city of this state is authorized, under former Civil Code 1910, §§ 887 and 888 (see now O.C.G.A. §§ 36-37-2 and36-37-3), to receive and apply bequest for charitable purposes. Moss v. Youngblood, 187 Ga. 188, 200 S.E. 689 (1938).    Any condition on the gift might be imposed by persons making donation that would not conflict with either constitutional or general law of state. Tillman v. Mayor of Athens, 206 Ga. 289, 56 S.E.2d 624 (1949).    Governing body of municipality receiving gift must approve conditions imposed by persons making gift; this is the sole restriction of this section. Tillman v. Mayor of Athens, 206 Ga. 289, 56 S.E.2d 624 (1949).    Cited in Settelmayer v. Hartsfield, 216 Ga. 246, 115 S.E.2d 520 (1960).   OPINIONS OF THE ATTORNEY GENERAL   Deed containing reversionary clause.   - Georgia Historical Commission (now Department of Natural Resources) cannot accept deed from city containing reversionary clause for land on which state funds to be used. 1962 Op. Att'y Gen. p. 395.   Reimbursement by petition sponsor for referendum costs.   - Municipalities are not authorized to receive funds from the sponsor of a petition calling for a referendum on the question of the sale of distilled spirits by the drink to reimburse the municipality for the costs and expense of holding the referendum. 1984 Op. Att'y Gen. No. 84-36.   Sale of donated property exempted from bid process.    - Disposition of real property donated to a municipality upon the approved condition for use as a hospital is excepted by O.C.G.A. § 36-37-2 from the sealed bid or auction procedure of O.C.G.A. § 36-37-6; however, the city officials must exercise the utmost good faith, fidelity and integrity to obtain the best price in any sale of the property. 1984 Op. Att'y Gen. No. U84-20.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 470.   ALR.    - Power of municipal corporation or other political body to accept and administer trust, 10 A.L.R. 1368.
GA Code § 36-37-3 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 37 - Acquisition and Disposition of Real and Personal Property Generally|§ 36-37-3. Municipal Corporations as Trustees for Donated or Gifted Property Generally

 Municipal corporations may act as trustees under any conveyance or will donating or giving property for charitable or eleemosynary purposes.   (Ga. L. 1892, p. 104, § 2; Civil Code 1895, § 741; Civil Code 1910, § 888; Code 1933, § 69-502.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 472, 483.   C.J.S.   - 63 C.J.S., Municipal Corporations, § 1142.   ALR.    - Power of municipal corporation or other political body to accept and administer trust, 10 A.L.R. 1368.    Liability of township trustees for loss of public funds, 18 A.L.R. 982.
GA Code § 36-37-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 37 - Acquisition and Disposition of Real and Personal Property Generally|§ 36-37-4. Receipt of Cemetery or Burial Lots in Trust; Annual Returns; Commissions

 Any person may convey to the mayor and council of any municipal corporation in this state any money or property to be held by the mayor and council in trust, the corpus or increase thereof to be expended, as directed by such conveyance, in the improvement or preservation and care of any cemetery or of the burial lots of such owner therein. The mayor and council shall receive and hold the property and execute such trusts, according to the terms thereof, as other trusts are executed under the laws of this state. They shall make annual returns to the judge of the probate court and shall be entitled to such commissions as are paid to other trustees, but they shall not be required to give bond.   (Ga. L. 1889, p. 178, § 1; Civil Code 1895, § 742; Civil Code 1910, § 889; Code 1933, § 69-503.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Cemeteries, § 17 et seq. 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 471.   ALR.    - Validity and reasonableness of rules and regulations of cemetery company or association as to improvement or care of lots, 32 A.L.R. 1406; 47 A.L.R. 70.    Injunction against removal of, or interference with, remains interred in burial lot, 33 A.L.R. 1432.    Cemetery property and cemetery lots as subject to assessment for public improvement, in absence of express exemption, 71 A.L.R. 322.
GA Code § 36-37-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 37 - Acquisition and Disposition of Real and Personal Property Generally|§ 36-37-5. Municipal Corporation as Trustee of Funds Donated to Cemetery

 Any municipal corporation of this state may act as trustee of any funds donated to any cemetery within the limits of the municipal corporation.   (Ga. L. 1953, Jan.-Feb. Sess., p. 34, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 472, 483.   ALR.    - Power of municipal corporation or other political body to accept and administer trust, 10 A.L.R. 1368.
GA Code § 36-37-6.2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 37 - Acquisition and Disposition of Real and Personal Property Generally|§ 36-37-6.2. Purchase or Other Acquisition of Real Property on Time or Partly for Cash; Securing of Balance; Limitation on Liability

  As used in this Code section, the term "governing body" means the mayor and city council, the commissioner and commissioners, or either or both as the case may be, or the "governing body" by whatever name called of any city coming under this Code section.   Any city in this state having a population of 200,000 or more according to the United States decennial census of 1920 or any future such census may, through its governing body, purchase on time or partly for cash, with the balance on time or deferred payments, or otherwise acquire any real property or interest in real property within or outside the limits of such city, securing the note or claim for deferred payments and interest thereon with mortgages or deed of trust on the land purchased or with or by means of an instrument in writing retaining title thereto in the vendor, or enter into any other contractual arrangement whereby provision is made that such note, claim, or other instruments for deferred payment and interest thereon, and all lawful charges, shall not be a charge or charges against the general credit of the city, or be a general liability thereof, but that the liability shall only extend to and be a charge against the land so purchased or acquired. Such method of acquisition provided for in this Code section shall not be considered or deemed exclusive but shall be cumulative and in addition to all other methods of acquisition of lands or interests therein for public purposes provided heretofore, hereafter, or by other provisions of this Code section.     (Ga. L. 1929, p. 303, §§ 1, 2; Code 1981, §36-37-6.2, enacted by Ga. L. 1982, p. 2107, § 41; Ga. L. 1987, p. 3, § 36.)   Editor's notes.   - The provisions of this Code section were previously enacted in substantially similar form by Ga. L 1929, p. 303, §§ 1 and 2. However, those provisions were not enacted as part of the original Code by the Code enactment Act (Ga. L. 1981, Ex. Sess., p. 8).
GA Code § 36-37-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 37 - Acquisition and Disposition of Real and Personal Property Generally|§ 36-37-7. Disposition of Public Utility Plants or Properties - Power Generally; Effect of Charter Restrictions

 Municipalities are empowered and authorized, if they so desire, to sell, lease, or otherwise dispose of any or all electric, water, gas, or other municipally owned public utility plants or properties, on such terms and conditions as such municipalities deem proper, and to transfer title to such public utility properties by warranty deed, bill of sale, contract, or lease, in the manner provided by law; provided, however, that nothing contained in this Code section and Code Sections 36-37-8 through 36-37-10 shall be held or construed to affect the powers of any municipal corporation in the charter of which there is now contained any provision either authorizing or prohibiting the sale, lease, or other disposition of such properties by the municipality, so long as such provision remains in the charter of the municipality.   (Ga. L. 1925, p. 177, § 1; Code 1933, § 91-901.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 508 et seq.   C.J.S.   - 63 C.J.S., Municipal Corporations, §§ 1152 et seq., 1162, 1165. 64A C.J.S., Municipal Corporations, § 2493.   ALR.    - Sufficiency of compliance with condition of sale or lease by municipality of public utility plants, 52 A.L.R. 1052.   Power of municipality to sell, lease, or mortgage public utility plant or interest therein, 61 A.L.R.2d 595.