reglab/housing_qa huggingface dataset:
GA Code § 36-63-3 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 63 - Resource Recovery Development Authorities|§ 36-63-3. Constitutional Authority for Chapter; Finding of Public Purposes; Tax Exemption

 This chapter is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this chapter is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons, the state covenants from time to time with the holders of the bonds issued under this chapter that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.   (Code 1933, § 69-1511a, enacted by Ga. L. 1978, p. 1898, § 1.)   Law reviews.   - For article discussing tax-exempt financing in Georgia, see 18 Ga. St. B. J. 20 (1981).   JUDICIAL DECISIONS   De facto zoning ordinance.   - If a regulation has the effect of establishing zones of property in a county in which various uses are permitted and prohibited, then it is a zoning ordinance. Mullis Tree Serv., Inc. v. Bibb County, 822 F. Supp. 738 (M.D. Ga. 1993).   County regulation, in which each area zoned for residential use was to be surrounded by a buffer zone and in which the use of property as a putrescible waste landfill was prohibited, was actually a zoning ordinance, and adoption by an entity lacking power to zone was an ultra vires act. Therefore, this regulation was invalid under state law. Mullis Tree Serv., Inc. v. Bibb County, 822 F. Supp. 738 (M.D. Ga. 1993).
GA Code § 36-63-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 63 - Resource Recovery Development Authorities|§ 36-63-5. Authorities Created; Adoption and Filing of Resolution or Ordinance of Need; Joint Authorities

  There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the "resource recovery development authority" of such county or municipal corporation. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation.   Any number of counties and municipal corporations, whether or not located in the same county or within a county participating in the formation of a joint authority, may jointly form an authority, to be known as the "joint resource recovery development authority" for such counties and municipal corporations. No authority shall transact any business or exercise any powers under this chapter until the governing authorities of the units of local government involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local government for the activation of an authority and such agreement is executed.   A copy of such ordinances, resolutions, and agreements shall be filed with the Secretary of State, who shall maintain a record of all authorities activated under this chapter.    (Code 1933, § 69-1504a, enacted by Ga. L. 1978, p. 1898, § 1; Ga. L. 1984, p. 1694, § 2.)
GA Code § 36-63-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 63 - Resource Recovery Development Authorities|§ 36-63-6. Appointment and Terms of Members of Board of Directors; Officers; Compensation; Adoption of Bylaws and Regulations; Delegation of Powers and Duties

 Control and management of the authority shall be vested in a board of five directors who shall be residents of the county or municipal corporation and shall serve at the pleasure of the governing authority of the county or municipal corporation. Directors shall be appointed, and may be reappointed, for terms of four years. In the case of a joint resource recovery development authority, each unit of local government participating in the authority shall appoint two members, with an additional member to be appointed by the directors themselves. The directors shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.   (Code 1933, § 69-1505a, enacted by Ga. L. 1978, p. 1898, § 1.)   RESEARCH REFERENCES   C.J.S.   - 62 C.J.S., Municipal Corporations, § 562 et seq.
GA Code § 36-63-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 63 - Resource Recovery Development Authorities|§ 36-63-7. Quorum of Board; Requirement of Majority Vote

 A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors.   (Code 1933, § 69-1506a, enacted by Ga. L. 1978, p. 1898, § 1.)
GA Code § 36-63-10 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 63 - Resource Recovery Development Authorities|§ 36-63-10. Obligations of Authority Not Indebtedness of State or Political Subdivisions

 No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.   (Code 1933, § 69-1510a, enacted by Ga. L. 1978, p. 1898, § 1.)   RESEARCH REFERENCES   ALR.    - Construction or improvement of sewers as a local or district improvement within provisions authorizing or requiring special assessments or other specified means of defraying expense, 134 A.L.R. 895.
GA Code § 36-63-11 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 63 - Resource Recovery Development Authorities|§ 36-63-11. Construction of Chapter Generally; Applicability of Certain Other Provisions of Law to Proceedings Under Chapter; Effect of Chapter With Respect to Other Development Authorities

  This chapter shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," or any other law. Any sale or disposition of any useful form of energy produced from a solid waste project financed by revenue bonds issued on or before August 8, 1985, and which is substantially constructed as of January 1, 1987, which sale or disposition is made in the county wherein the project is located shall not be subject to the provisions of Part 3 of Article 1 of Chapter 3 of Title 46, "The Georgia Cogeneration and Distributed Generation Act of 2001." In the event that the immediately preceding sentence of this subsection shall for any reason be held invalid, the remaining provisions of this subsection and this Code section shall remain in full force and effect. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum.   A municipal corporation, a county, or any number of counties and municipal corporations shall have the right to activate an authority under this chapter, notwithstanding the existence of any other development authority within the county or municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this chapter shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence.    (Code 1933, § 69-1509a, enacted by Ga. L. 1978, p. 1898, § 1; Ga. L. 1984, p. 22, § 36; Ga. L. 1984, p. 1694, § 3; Ga. L. 1987, p. 1021, § 1; Ga. L. 1993, p. 91, § 36; Ga. L. 2008, p. 381, § 11/SB 358; Ga. L. 2020, p. 493, § 36/SB 429.)    The 2020 amendment,  effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "'The Georgia Cogeneration and Distributed Generation Act of 2001'" for "'The Georgia Cogeneration Act of 1979'" at the end of the third sentence of subsection (a).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1987, a comma was inserted following "invalid" in the fourth sentence of subsection (a).
GA Code § 36-64-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-1. "Governing Body" Defined

 As used in this chapter, 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 municipality or county coming under this chapter.   (Ga. L. 1923, p. 106, § 1; Code 1933, § 69-601; Ga. L. 1946, p. 152, § 1.)   Law reviews.   - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963).   JUDICIAL DECISIONS   Constitutionality.    - This chapter does not impinge or offend the provisions of Ga. Const. 1877, Art. I, Sec. IV, Para. I (see now Ga. Const. 1983, Art. III, Sec. VI, Para. IV). Wilson v. City Council, 165 Ga. 520, 141 S.E. 412 (1928).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 280.   C.J.S.   - 62 C.J.S., Municipal Corporations, § 268.
GA Code § 36-64-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-2. Authority to Dedicate, Set Apart, Acquire, or Lease Lands or Buildings for Recreation; Appropriation for Equipment and Maintenance

 The governing body of any municipality or county may dedicate and set apart for use as parks, playgrounds, and recreation centers and for other recreation purposes any lands or buildings or both, owned or leased by such municipality or county and not dedicated or devoted to another or inconsistent public use. Such municipality or county, in such manner as may now or hereafter be authorized or provided by law for the acquisition of lands or buildings for public purposes by the municipality or county, may acquire or lease lands or buildings or both, within or beyond the corporate limits of the municipality, for parks, playgrounds, recreation centers, and other recreational purposes. When the governing body of the municipality so dedicates, sets apart, acquires, or leases lands or buildings for such purposes, it may, on its own initiative, provide for their conduct, equipment, and maintenance, according to this chapter, by making an appropriation from the general municipal or county funds.   (Ga. L. 1923, p. 106, § 2; Code 1933, § 69-602; Ga. L. 1946, p. 152, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Dedication, § 4 et seq. 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 181. 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, §§ 6, 24.   C.J.S.   - 64 C.J.S., Municipal Corporations, §§ 1995 et seq., 2000, 2001.   ALR.    - To what uses may park property be devoted, 18 A.L.R. 1246; 63 A.L.R. 484; 144 A.L.R. 486.    Power of municipal corporation to establish and maintain golf course, 36 A.L.R. 1301.    Statutes relating to establishment or administration of parks, as encroachment on right of local self-government, 88 A.L.R. 228.    Auditorium or stadium as public purpose for which public funds may be expended or taxing power exercised, 173 A.L.R. 415.   Validity and construction of statute or ordinance requiring land developer to dedicate portion of land for recreational purposes, or make payment in lieu thereof, 43 A.L.R.3d 862.   Public swimming pool as nuisance, 49 A.L.R.3d 652.   Construction of highway through park as violation of use to which park property may be devoted, 60 A.L.R.3d 581.
GA Code § 36-64-3 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-3. Establishment of System of Supervised Recreation; Designation of Board to Provide and Conduct Recreational Activities and Facilities

 The governing body of any county or municipality may establish a system of supervised recreation. It may, by resolution or ordinance, vest the power to provide, maintain, and conduct parks, playgrounds, recreation centers, and other recreational activities and facilities in the board of education, park board, or other existing body or in a recreation board, as the governing body may determine. Any board so designated shall have the power to maintain and equip parks, playgrounds, recreation centers, and the buildings thereon; to develop, maintain, and operate all types of recreation facilities; and to operate and conduct facilities on properties controlled by other authorities. It may, for the purpose of carrying out the provisions of this chapter, employ playleaders, playground or community center directors, supervisors, recreation superintendents, or such other officers or employees as it deems are needed. The recreation authority is authorized to develop a program of recreational activities and services designated to meet the various leisure time interests of all people.   (Ga. L. 1923, p. 106, § 3; Code 1933, § 69-603; Ga. L. 1946, p. 152, § 3.)   OPINIONS OF THE ATTORNEY GENERAL    City may derive revenue from operation of recreational programs  and may even show a profit from a particular recreational activity. 1965-66 Op. Att'y Gen. No. 66-85.    City recreation department may sponsor teenage dances  and charge an admission fee to those wishing to attend the dances. 1965-66 Op. Att'y Gen. No. 66-85.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 181. 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 20.   C.J.S.   - 64 C.J.S., Municipal Corporations, § 1995 et seq.   ALR.    - Liability of municipal corporation for injuries due to condition in park, 42 A.L.R. 263; 99 A.L.R. 686; 142 A.L.R. 1340.   Tort liability of public schools and institutions of higher learning for accidents occurring during use of premises and equipment for other than school purposes, 37 A.L.R.3d 712.   Public swimming pool as nuisance, 49 A.L.R.3d 652.
GA Code § 36-64-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-4. Joint Recreation Systems

 Any two or more counties, any two or more municipalities, any county and municipality, any county or municipality, or combination thereof may jointly provide, establish, maintain, and conduct a recreation system and jointly acquire property for and establish and maintain playgrounds, recreation centers, parks, and other recreational facilities and activities. Any school board may join with any municipality, county, or any other school board in conducting and maintaining a recreation system.   (Ga. L. 1923, p. 106, § 5; Code 1933, § 69-605; Ga. L. 1946, p. 152, § 5; Ga. L. 1964, p. 319, § 1; Ga. L. 1971, p. 262, § 2.)   OPINIONS OF THE ATTORNEY GENERAL   Joint provision of recreation.   - While county may not legally donate funds to assist a city in constructing a swimming pool, the county and city may jointly provide, establish, maintain, and conduct such system. 1952-53 Op. Att'y Gen. p. 289.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 192.   C.J.S.   - 63 C.J.S., Municipal Corporations, § 1150 et seq.
GA Code § 36-64-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-5. Establishment of Recreation Board; Powers and Responsibilities; Members; Terms; Officers; Vacancies

 If the governing body of any county or municipality determines that the power to provide, establish, conduct, and maintain a recreation system should be exercised by a park or recreation board, such governing body, by resolution or ordinance, shall establish a recreation board in such municipality or county which shall possess all the powers and be subject to all the responsibilities of local authorities under this chapter. The board, when established, shall consist of a minimum of five persons and a maximum of nine persons, serving without pay, to be appointed by the mayor or presiding officer of the county or municipality. The terms of office of the members of the board shall be for five years or until their successors are appointed and qualified, except that the appointing authority, in making initial appointments or in filling vacancies, is authorized and directed to vary the initial terms of members or the terms of persons appointed to fill vacancies in such a manner that thereafter the term of at least one member shall expire annually. Immediately after its appointment, the board shall meet and organize by electing one of its members president and such other officers as may be necessary. Vacancies in the board occurring otherwise than by expiration of term shall be filled by the mayor or presiding officer of the governing body only for the unexpired term, except as otherwise provided in this chapter.   (Ga. L. 1923, p. 106, § 4; Code 1933, § 69-604; Ga. L. 1946, p. 152, § 4; Ga. L. 1971, p. 262, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 12.
GA Code § 36-64-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-6. Acceptance of Gifts for Recreation Purposes

 A park or recreation board or other authority in which is vested the power to provide, establish, maintain, and conduct a recreation program may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation, the principal or income of which is to be applied for either temporary or permanent use for playgrounds or recreation purposes. If the acceptance thereof for such purposes will subject the county or municipality to additional expense for improvements, maintenance, or renewal, the acceptance of any grant or devise of real estate shall be subject to the approval of the governing body of the county or municipality. Money received for such purposes, unless otherwise provided by the terms of the gift or bequest, shall be deposited with the treasurer of the county or municipality to the account of the recreation board or commission or other body having charge of such work or shall be deposited directly with the recreation board; it shall be withdrawn and paid out by such body in the same manner as money appropriated for recreation purposes.   (Ga. L. 1923, p. 106, § 6; Code 1933, § 69-606; Ga. L. 1946, p. 152, § 6.)   Cross references.   - Further provisions regarding devises and gifts of property to municipalities for parks or other public purposes, § 36-37-1.    Acceptance of donations or gifts of property by municipal corporations generally, § 36-37-2.   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 470, 471.
GA Code § 36-64-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-7. Issuance of Bonds

 The governing body of any municipality or county, pursuant to law, may provide that the bonds of the municipality or county may be issued, in the manner provided by law for the issuance of bonds for other purposes, for the purpose of acquiring lands or buildings for parks, playgrounds, recreation centers, and other recreational purposes and for the equipment thereof.   (Ga. L. 1923, p. 106, § 7; Code 1933, § 69-607; Ga. L. 1946, p. 152, § 7.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 549, 562. 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 12. 64 Am. Jur. 2d, Public Securities and Obligations, §§ 88, 89.   C.J.S.   - 64A C.J.S., Municipal Corporations, §§ 2122, 2123.   ALR.    - Assignment and transfer of government bonds, 22 A.L.R. 775.