reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 80 - GENERAL PROVISIONS (§§ 36-80-1 — 36-80-31) › Section 36-80-25 - Financing of public projects by local entities

(a)
As used in this Code section, the term "project" means and includes hospitals, health care facilities, dormitories, office buildings, clinics, housing accommodations, nursing homes, rehabilitation centers, extended care facilities, and other health related facilities, whether public or private.
(b)
To the extent that the Constitution of Georgia permits the General Assembly by law to further define the powers and duties of any local government authority, as defined in Code Section
36-80-16
, whose purpose includes the public purpose of developing or promoting trade, commerce, or industry, and to enlarge or restrict the same, each such local government authority is authorized and shall have the power to finance (by loan, grant, lease, or otherwise), refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds of such a local government authority or any other funds of such local government authority, or from any contributions or loans by persons, corporations, limited or general partnerships, or other entities, all of which such a local government authority is authorized to receive, accept, and use. To the extent that any project serves a governmental function, the General Assembly finds and determines that such a project by its nature comprises both public and private components that are integrated so as to produce the desired public purpose and that therefore carrying out such a project is proper and authorized for such a local government authority under the Constitution of Georgia.
Added by 2015 Ga. Laws 49,§ 6, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 80 - GENERAL PROVISIONS (§§ 36-80-1 — 36-80-31) › Section 36-80-26 - Multi-county community improvement districts for transit projects

(a)
For purposes of this Code section, the term:
(1)
"County" means any county created under the Constitution or laws of this state.
(2)
"Regional transit plan" means the official multiyear plan for transit services and facilities adopted pursuant to Code Section
50-39-12
.
(3)
"Transit" means regular, continuing shared-ride or shared-use surface transportation services that are made available by a public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a public agency or authority, a county or municipality, a community improvement district, or any other similar public entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services, school bus services, courtesy shuttle and intra-facility or terminal services, limousine carriers, and ride share network services, transportation referral services, and taxi services not paid for by a public entity.
(4)
"Transit projects" means and includes purposes to establish, enhance, operate, and maintain, or improve access to transit, including general obligation debt and other multiyear obligations issued to finance such projects.
(b)
A community improvement district for the purpose of the provision of transit projects which are wholly or partially located in more than one county may be created under the authority granted in and consistent with the processes set forth in Section VII of Article IX of the Georgia Constitution. Any such multi-county community improvement district may be authorized to be created upon the passage of a local act of the General Assembly by each county in which such community improvement district is to be wholly or partially located. The transit projects to be provided by such community improvement district shall be projects included in the regional transit plan and through agreement with the Atlanta-region Transit Link "ATL" Authority. The administrative body of any such community improvement district shall include one member appointed by the governing authority of each county or municipality which is located wholly or partially within such community improvement district.
Added by 2018 Ga. Laws 409,§ 1-1, eff. 1/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 80 - GENERAL PROVISIONS (§§ 36-80-1 — 36-80-31) › Section 36-80-27 - Advertisement of bid or proposal opportunities

If a bid or proposal opportunity is extended by a county, municipal corporation, or local board of education for goods, services, or both, valued at $100,000.00 or more, such bid or proposal opportunity shall be advertised by such respective local governmental entity in the Georgia Procurement Registry, as established in subsection (b) of Code Section
50-5-69
, at no cost to the local governmental entity. Such bid or proposal opportunity shall be advertised on such registry for the same period of time, as set by ordinance or policy, if any, as the county, municipality, or local board of education advertises bid or proposal opportunities in the official legal organ or other media normally utilized by the local governing entity. Each advertisement shall include such details and specifications as will enable the public to know the extent and character of the bid or proposal opportunity.
Amended by 2019 Ga. Laws 64,§ 1, eff. 4/28/2019.
Added by 2018 Ga. Laws 470,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 80 - GENERAL PROVISIONS (§§ 36-80-1 — 36-80-31) › Section 36-80-29 - Electronic posting of legal notice; correction of errors

(a)
As used in this Code section, the term "website" means:
(1)
A website maintained by a county or municipal legal organ;
(2)
A website maintained by a newspaper of general circulation that is not a designated legal organ;
(3)
The Georgia Public Notice website or any other website maintained by an organization or collection of two or more legal organs; or
(4)
A website maintained by a county or municipal government.
(b)
Except as otherwise provided in subsection (a) of Code Section
28-1-14
, in any case when a county or municipality is required to publish a legal notice in the county or municipal legal organ or other newspaper of general circulation, such notice may additionally be published by posting such notice in a conspicuous place on the website of the county or municipality, as applicable, or on a common state-wide website.
(c)
In the event that an error is made in the text or publication date of a legal notice required to be published for a county or municipal government, a correction shall be made as follows:
(1)
The correct notice shall be prominently displayed within two business days of the original publication date on the website of the legal organ or newspaper of general circulation or the website of the county or municipality;
(2)
The legal organ or newspaper of general circulation shall have the correct notice posted on the Georgia Public Notice website within two business days of the original publication date; and
(3)
The correct notice shall be published in the next edition of the legal organ or newspaper of general circulation after being displayed on the required website.
(d)
Postings on the required website shall remain in place until the conclusion of the event or action being advertised; provided, however, that no website as defined in paragraphs (1) through (3) of subsection (a) of this Code section shall be required to maintain such posting for a period in excess of one year.
(e)
A correction made as prescribed in this Code section shall be considered as having been correctly published on the original publication date and shall satisfy any and all legal requirements of adequate notice to the public.
Added by 2023 Ga. Laws 262,§ 3, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 80 - GENERAL PROVISIONS (§§ 36-80-1 — 36-80-31) › Section 36-80-30 - Lemonade stands

(a)
This Code section shall be known and may be cited as the "Georgia Lemonade Stand Act."
(b)
As used in this Code section, the term:
(1)
"Business" means any enterprise carried on for the purpose of gain or economic profit.
(2)
"Gross receipts" means all receipts from whatever sources derived before any deductions and does not include tips, gratuities, or other amounts customarily assumed to be intended for the individual who has served the customer or client.
(c)
A county, municipal corporation, or other governmental entity shall not require a license, permit, or registration for a business that:
(1)
Is operated solely by an individual or individuals who are under 18 years of age and:
(A)
Are enrolled in a public school, licensed private school, or licensed home study program or a state approved adult education class if studying for a high school equivalency (HSE) diploma; or
(B)
Have obtained a high school diploma or a high school equivalency (HSE) diploma;
(2)
Is located on private property with the permission of the property owner;
(3)
Generates gross receipts of $5,000.00 or less in a calendar year; and
(4)
Sells nonconsumable goods or prepackaged foods or lemonade or other nonpotentially hazardous nonalcoholic beverages.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Added by 2023 Ga. Laws 267,§ 1, eff. 7/1/2023.
Code section 36-80-29, as enacted by 2023 Ga. Laws 267 Section 1, was redesignated as Code Section 36-80-30.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 80 - GENERAL PROVISIONS (§§ 36-80-1 — 36-80-31) › Section 36-80-31 - Transporting homeless outside of jurisdiction

(a)
As used in this Code section, the term:
(1)
"Drop off" means the act of transporting an individual to a location different from the location where the party transporting such individual assumed custody, control, or care of or provided treatment to such individual, and shall include but not be limited to directly providing or funding the transportation of such individual to such different location.
(2)
"Homeless individual" means a person who has no access to or can reasonably be expected not to have access to either traditional or permanent housing which can be considered safe, sanitary, decent, and affordable.
(b)
No county, municipal corporation, political subdivision, local authority, or other local governmental unit shall drop off an individual known to be a homeless individual outside its jurisdiction unless:
(1)
Such drop-off location is in the county where such homeless individual was a resident prior to coming under the custody, control, or care of or receiving treatment from such local government or local authority; or
(2)
Such a drop off is at a facility or with a person, business, or organization that has agreed to accept such homeless individual.
(c)
A county, municipal corporation, political subdivision, local authority, or other local governmental unit that violates this Code section shall be liable to any state or local governmental entity for any costs incurred by such entity in providing services for a homeless individual as a result of such violation.
Added by 2023 Ga. Laws 274,§ 3, eff. 7/1/2023.
Code section 36-80-29, as enacted by 2023 Ga. Laws 274 Section 3, was redesignated as Code Section 36-80-31.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 81 - BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-20) › Article 1 - LOCAL GOVERNMENT BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-11) › Section 36-81-1 - Legislative intent

The intent of this article is to provide minimum budget, accounting, and auditing requirements for local governments so as to provide local taxpayers with an opportunity to gain information concerning the purposes for which local revenues are proposed to be spent and are actually spent and to assist local governments in generally improving local financial management practices while maintaining, preserving, and encouraging the principle of home rule over local matters. It is the further intent of this article to provide a mechanism through which appropriate information may be collected to assist state and local policy makers in carrying out their lawful responsibilities. It is also the intent of this article to provide for the collection and reporting of information so as to assist local taxpayers and local policy makers in understanding and evaluating local government service delivery and operations.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 81 - BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-20) › Article 1 - LOCAL GOVERNMENT BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-11) › Section 36-81-4 - Appointment of budget officer; performance of duties by governing authority in absence of appointment; utilization of executive budget

(a)
Unless provided to the contrary by local charter or local Act, each local government may appoint a budget officer to serve at the will of the governing authority.
(b)
In those units of local government in which there is no budget officer, the governing authority shall perform all duties of the budget officer as set forth in Code Section
36-81-5
.
(c)
Nothing in this Code section shall preclude the utilization of an executive budget, under which an elected or appointed official, authorized by charter or local law and acting as the chief executive of the governmental unit, exercises the initial budgetary policy-making function, while another individual, designated as provided in this Code section as budget officer, exercises the administrative functions of budgetary preparation and control.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 81 - BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-20) › Article 1 - LOCAL GOVERNMENT BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-11) › Section 36-81-6 - Adoption of budget ordinance or resolution; form of budget

(a)
On a date after the conclusion of the hearing required in subsection (f) of Code Section
36-81-5
, the governing authority shall adopt a budget ordinance or resolution making appropriations in such sums as the governing authority may deem sufficient, whether greater or less than the sums presented in the proposed budget. The budget ordinance or resolution shall be adopted at a public meeting which shall be advertised in accordance with the procedures set forth in subsection (e) of Code Section
36-81-5
at least one week prior to the meeting.
(b)
The budget may be prepared in any form that the governing authority deems most efficient in enabling it to make the fiscal policy decisions embodied in the budget, but such budget shall be subject to the provisions of this article.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 81 - BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-20) › Article 1 - LOCAL GOVERNMENT BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-11) › Section 36-81-9 - Effect of article on other laws generally

This article shall not be construed to repeal or conflict with any law providing budgetary, fiscal, or auditing procedures more restrictive than those in this article.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 81 - BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-20) › Article 1 - LOCAL GOVERNMENT BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-11) › Section 36-81-10 - Effect of article on right to make expenditures and raise revenues; effect on home rule powers

This article shall not be construed so as to prohibit local governments from making authorized expenditures for any lawful purpose or from raising revenues in any manner otherwise authorized by law. It is the specific intent of the General Assembly in adopting this article that local units of government shall continue to have and to exercise their home rule powers as provided by law.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 81 - BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-20) › Article 1 - LOCAL GOVERNMENT BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-11) › Section 36-81-11 - Budget for implementing security plans subject to approval by the governing authority

The development and implementation of a security plan and all related technology pursuant to paragraph (10) of subsection (a) of Code Section
15-16-10
shall be subject to the annual budget approved for the office of the sheriff by the governing authority.
Added by 2006 Ga. Laws 647,§ 3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 81 - BUDGETS AND AUDITS (§§ 36-81-1 — 36-81-20) › Article 2 - AUDITS AS CONDITION FOR RECEIPT OF STATE ASSISTANCE (§ 36-81-20) › Section 36-81-20 - Audits accepted by state; additional audits; section not to limit state's audit authority

(a)
Whenever a state agency or a state department requires a unit of local government to perform an audit or whenever a state agency or a state department would perform an audit of a unit of local government as a condition for such unit of local government having received a grant of state money or services, the state agency or state department shall, except as provided in subsections (b) and (c) of this Code section, accept any audit which meets the requirements of the federal Single Audit Act of 1984 if such audit includes those moneys or services granted by the state and includes the reporting requirements of any applicable state law or of any state agency.
(b)
Notwithstanding subsection (a) of this Code section, a state agency shall be authorized to conduct any additional audits necessary to carry out its duties and responsibilities as set forth in state law or regulation, and nothing in this Code section shall authorize any local government or unit or agency thereof to constrain in any manner any such state agency from performing any such additional audit.
(c)
This Code section shall not limit the authority of state agencies to conduct audits and evaluations of state financial assistance programs or to enter into contracts for the conduct of such audits and evaluations and shall not limit the authority of the state auditor or any state audit official.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-2 - Voting in election for bonded debt; returns and declaration of election result

The election provided for in Code Section
36-82-1
shall be held at all the voting or election precincts within the limits of the county, municipal corporation, or political subdivision and shall be held by the same persons, in the same manner, and under the same rules and regulations that elections for officers of the county, municipal corporation, or political subdivision are held. The returns shall be made to the officers calling or ordering the election. Such officers, in the presence of and together with the several managers, who shall bring up the returns, shall consolidate the returns and declare the result.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-3 - Issuance of bonds upon favorable election vote; ordinance or resolution authorizing refunding bonds; issuance, content, and form of refunding bonds

(a)
When notice has been given and the election has been held, in accordance with Code Section
36-82-2
, if the requisite majority of those qualified voters of the county, municipality, or political subdivision voting at the election vote for bonds, then the authority to issue the bonds in accordance with Article IX, Section V, Paragraph I or II of the Constitution of Georgia is given to the proper officers of the county, municipality, or political subdivision.
(b)
The ordinance or resolution of the governing body of the county, municipality, or other political subdivision of this state authorizing the issuance of general obligation refunding bonds in accordance with the terms and conditions of subsection (f) of Code Section
36-82-1
may be adopted at a regular or special meeting by a majority of the members of the governing body and, unless otherwise provided therein, such resolution or ordinance shall take effect immediately and need not be laid over or published or posted.
(c)
General obligation refunding bonds may be issued in one or more series; may bear such date or dates; may mature at such time or times, and bear interest at such rate or rates per annum, payable at such time or times, subject to the limitations contained in subsection (f) of Code Section
36-82-1
, pertaining to the final maturity date and maximum interest rate for such refunding bonds; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered; may carry such registration, conversion, and exchangeability privileges; may be subject to such terms of redemption, with or without a premium; may be executed in such manner; and may contain such terms, covenants, and conditions as the ordinance or resolution authorizing the issuance of such refunding bonds may provide. All general obligation refunding bonds issued under this article bearing the signature of officers in office on the date of the signing thereof shall be valid and binding, notwithstanding that before delivery thereof and payment therefor such officers whose signatures appear thereon shall have ceased to be officers of the governmental body issuing the bonds. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provisions as the governing body may determine, may be issued to the purchaser or purchasers of bonds to be issued under this article. Such refunding bonds and interim receipts shall be negotiable for all purposes. Such refunding bonds shall be and are declared to be nontaxable for any and all purposes.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-4 - Action for collection of bonds by holders

When the bonds become due, the owners thereof, if necessary, may enforce their collection by action in the proper court.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-4.2 - Expenditure of bond funds for purposes other than stated in public bond notice

(a)
When, subsequent to the issuance of any bonds pursuant to the provisions of this article, the governing authority of any county, municipal corporation, or political subdivision adopts by a two-thirds' majority vote a resolution declaring that:
(1)
A portion of the bond funds remains after the purpose stated in the notice required by subsection (b) of Code Section
36-82-1
has been achieved or accomplished;
(2)
The purpose stated in such notice is no longer necessary; or
(3)
Circumstances have changed such that the expenditure of all or part of such bond funds is no longer practicable or feasible,
the governing authority shall be authorized to expend such bond funds, including interest, for purposes of a nature substantially similar to the purpose stated in such notice or to reduce the bonded indebtedness of the county, municipality, or political subdivision.
(b)
Not sooner than ten days prior to expending bond funds as provided in subsection (a) of this Code section, the governing authority shall cause to be published once in the official county organ a copy of the resolution adopted pursuant to subsection (a) of this Code section, which resolution shall set forth the reason the bond funds were not expended for the original purpose and shall state the purpose for which such funds will be expended. In addition, the governing authorities shall cause a copy of such resolution to be sent by registered or certified mail or statutory overnight delivery to any trustee for bondholders or other paying agent.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-5 - Destruction of unsold bonds

When any county, municipality, or political subdivision of this state has issued bonds under the authority of Article IX, Section V, Paragraph I, II, or III of the Constitution of Georgia and laws passed in pursuance thereof and when, after the bond issue is authorized and the bonds are printed, any of the bonds authorized and printed are not sold for any reason, the governing authorities of the county, municipality, or political subdivision may destroy the unsold bonds in the manner and under the conditions set out in Code Section
36-82-6
.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-6 - Notice, hearing, order of court, and affidavit of two disinterested witnesses as to destruction of bonds; compensation of witnesses; payment of costs of proceedings

(a)
The governing authorities of the county, municipal corporation, or political subdivision shall publish a notice, once a week for four consecutive weeks, in the newspaper in which county advertisements are usually published in the county or in the county in which the municipal corporation or political subdivision is located. The notice shall indicate that the unsold bonds will be destroyed at the time and at the place in the county, municipal corporation, or political subdivision stated in the notice.
(b)
If no objection is filed by a taxpayer of the county, municipal corporation, or political subdivision with the clerk of the superior court of the county or of the county in which the municipal corporation or political division is located, at least five days before the date stated in the notice, or if such objection is filed and the judge of the superior court, after hearing, determines the objection to be without merit, the judge of the superior court shall order the unsold bonds destroyed by fire at the time and place stated in the notice or at the time and place stated in the order of the court.
(c)
The judge shall also name two disinterested witnesses, who are neither officers nor employees of the county, municipal corporation, or political subdivision, to attend the destruction of the bonds, whose affidavits, filed with the clerk of the superior court, shall be prima-facie evidence that the bonds have been destroyed. The affidavits of the witnesses shall be preserved as records of the office of the clerk of the superior court. The witnesses shall be compensated for their services in the amount of $5.00 each.
(d)
All costs of such proceedings shall be paid by the county, municipal corporation, or political subdivision, except where an objection filed is determined to be without merit, in which case costs of the pleadings, hearings, and judgment on the objection shall be taxed against the person objecting.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-7.1 - Assessment and collection of tax to pay refunding bonds

Any county, municipality, or other political subdivision of this state shall at or before the issuance and delivery of any general obligation refunding bonds provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest on such refunding bonds as same become due and payable, all as is provided in Article IX, Section V, Paragraph VI of the Constitution of Georgia.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-8 - Deduction of sinking fund in computing bonded indebtedness

All amounts collected and held in a sinking fund pursuant to Article IX, Section V, Paragraph VI of the Constitution of Georgia, irrevocably pledged and appropriated to the retirement of the outstanding bonded indebtedness for which they are collected, which can be legally used for no other purpose, shall be deductible from total bonded debt in computing the constitutional limitation on the bonded indebtedness of a political subdivision of this state under Article IX, Section VII of the Constitution of Georgia.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-9 - Certification requirement for pension obligation bonds; requirement for reserve fund

(a)
As used in this Code section, the term:
(1)
"Annual savings" means the difference between the annual debt service payments on pension obligation bonds and the annual required contribution to fund the unfunded actuarial accrued liability of the pension fund.
(2)
"Level debt structure" means the establishment of a bond repayment schedule that requires equal annual debt service payments, including both principal and interest, over the life of the debt issue.
(3)
"Pension obligation bond" means a bond issued as a general obligation bond in accordance with the provisions of this chapter, the proceeds of which are deposited with the government's retirement system administrator to liquidate, in whole or in part, the government's unfunded accrued actuarial liability to the government's retirement plan.
(b)
No political subdivision shall issue any pension obligation bond unless the state auditor has certified that such bonds comply fully with the provisions of this Code section.
(c)
All pension obligation bonds shall:
(1)
Be general obligation bonds subject to the provisions of the Constitution of the State of Georgia and this chapter relating to general obligation bonds;
(2)
Be included as a component of the total debt of the political subdivision subject to the debt limits provided in Article IX, Section V of the Constitution of the State of Georgia;
(3)
Be issued on a competitive basis;
(4)
Specify a level debt structure; and
(5)
Specify a maturity not longer than 20 years.
(d)
An amount not less than 5 percent of the annual savings shall be deposited into a reserve fund as protection against changes that might impact the future financial condition of the pension system.
(e)
Neither the political subdivision issuing pension obligation bonds nor any department, agency, authority, retirement system, or pension fund of such political subdivision shall purchase the pension obligation bonds so issued.
Added by 2001 Ga. Laws 257, § 1, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 1 - GENERAL PROVISIONS (§§ 36-82-1 — 36-82-10) › Section 36-82-10 - Reporting requirements

(a)
As used in this Code section, the term "political subdivision" means any municipality, county, local government authority, board, or commission empowered to enter into debt. Such term shall not include any state agency or state authority.
(b)
A political subdivision which issues general obligation bonds, revenue bonds, or any other bonds, notes, certificates of participation, or other such obligations of that political subdivision in an amount exceeding $1 million shall file a report with the Department of Community Affairs which contains the following:
(1)
Name of issuer;
(2)
Whether the issue is a new issue or a refinancing or refunding;
(3)
Total amount issued;
(4)
Term of issue;
(5)
Detailed description of purpose or purposes;
(5.1)
Whether the issue is a general obligation bond, revenue bond, or other bond, note, certificate of participation, or other obligation;
(6)
Name of underwriter;
(7)
Proceeds used for bond issuance costs, including underwriters' discount as reported on Line 24 of the United States Department of Treasury's Internal Revenue Service Form 8038-G;
(8)
Name of bond counsel;
(9)
Interest rate; and
(10)
True or net interest costs.
Such information shall be reported to the Department of Community Affairs in accordance with Code Section
36-81-8
.
Amended by 2012 Ga. Laws 684,§ 36, eff. 5/1/2012.
Amended by 2006 Ga. Laws 923,§ 1, eff. 5/5/2006.
Added by 2001 Ga. Laws 315, § 1, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 1 - GENERAL PROVISIONS (§§ 36-82-20 — 36-82-28) › Section 36-82-20 - Notice to district attorney or Attorney General of election or resolution favoring issuance of bonds or refunding bonds

(a)
When any county, municipality, or political subdivision desiring to incur any bonded debt, as prescribed in Article IX, Section V, Paragraphs I and II of the Constitution of Georgia, holds an election or passes a resolution in accordance with the provisions of the Constitution and laws of this state controlling and regulating such elections or the passage of such resolutions and the returns of such election or resolution show prima facie that the election or resolution is in favor of the issuance of the bonds, the officer or officers of the county, municipality, or political subdivision charged by law with the duty of declaring the result of the election or resolution, within six months after so declaring the result of the election or of the passage of the resolution, shall notify the district attorney of the judicial circuit in which the county, municipality, or political subdivision is located, in writing, of the fact that an election was held or that a resolution was passed and that the election or resolution was in favor of the issuance of the bonds. The service of the notice shall be personal upon the district attorney; in the event that he is absent from the circuit, the notice shall be served in person upon the Attorney General.
(b)
It is expressly provided that when the governing body of any county, municipality, or political subdivision desiring to issue refunding bonds as provided by Article IX, Section V, Paragraph III of the Constitution of Georgia shall have adopted a resolution or ordinance authorizing the issuance of refunding bonds, the proper officer or officers of such county, municipality, or political subdivision, within six months after the adoption of such resolution or ordinance authorizing the issuance of such refunding bonds, shall notify the district attorney of the judicial circuit in which such county, municipality, or political subdivision is located, in writing, of the fact that the requirements pertaining to the issuance of general obligation refunding bonds have been met and that the issuance of such refunding bonds has been authorized by a resolution or ordinance duly adopted by the governing body of such county, municipality, or political subdivision and shall furnish the district attorney with a certified copy of such resolution or ordinance authorizing the issuance of such refunding bonds. The service of such notice shall be personal upon the district attorney; in the event that he is absent from the circuit, the notice shall be served in person upon the Attorney General.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 1 - GENERAL PROVISIONS (§§ 36-82-20 — 36-82-28) › Section 36-82-22 - Notice of superior court hearing on show cause order

Prior to the hearing provided for in Code Section
36-82-21
, the clerk of the superior court of the county in which the hearing is to be held shall publish in a newspaper, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing the same will be heard. Such newspaper shall be the official organ of the county in which the sheriff's advertisements appear.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 1 - GENERAL PROVISIONS (§§ 36-82-20 — 36-82-28) › Section 36-82-23 - Hearing and judgment on show cause order; parties to proceedings; appeal

Within the time prescribed in the order or such further time as he may fix, the judge of the superior court shall proceed to hear and determine all questions of law and of fact in the case and shall render judgment thereon. Any citizen of this state who is a resident of the county, municipality, or political subdivision desiring to issue the bonds may become a party to the proceedings at or before the time set for the hearing. Any party to the proceedings who is dissatisfied with the judgment of the court confirming and validating the issuance of the bonds or refusing to confirm and validate the issuance of the bonds may appeal from the judgment under the procedure provided by law in cases of injunction. No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 1 - GENERAL PROVISIONS (§§ 36-82-20 — 36-82-28) › Section 36-82-24 - Effect of judgment of validation

In the event that no appeal is filed within the time prescribed by law or, if an appeal is filed, that the judgment is affirmed on appeal, the judgment of the superior court confirming and validating the issuance of the bonds shall be forever conclusive upon the validity of the bonds against the county, municipality, or political subdivision.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 1 - GENERAL PROVISIONS (§§ 36-82-20 — 36-82-28) › Section 36-82-25 - Entry of reference to judgment of validation on bonds; use of entry as evidence

Bonds issued under this part shall have stamped or written thereon, by the proper officers of the county, municipality, or political subdivision issuing the bonds or their agents or servants, the words "Validated and confirmed by judgment of the superior court," along with the date when the judgment was rendered and the court in which it was rendered, which entry shall be signed by the clerk of the superior court in which the judgment was rendered. Such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this state.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 1 - GENERAL PROVISIONS (§§ 36-82-20 — 36-82-28) › Section 36-82-26 - Payment of costs of judicial validation proceedings

The costs of the proceedings shall be paid in any event by the county, municipality, or political subdivision desiring to issue the bonds.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 1 - GENERAL PROVISIONS (§§ 36-82-20 — 36-82-28) › Section 36-82-27 - Procedure upon failure of district attorney or Attorney General to file petition with superior court generally

When any county, municipality, or political subdivision of the state has held an election for the issuance of bonds and notice has been duly served on the district attorney or the Attorney General under authority of such county, municipality, or other political subdivision, for the purpose of securing a judicial validation of such bonds, but the district attorney or Attorney General has failed to proceed within the time specified by Code Section
36-82-21
, it shall be competent for the county, municipality, or other political subdivision to represent such facts in writing to the court, and to represent further that the failure has been without fault on the part of the county, municipality, or other political subdivision. In such case it shall be the duty of the court and it shall have the power and authority to inquire into the facts and, upon being satisfied that the failure has not arisen from any fault or neglect on the part of the county, municipality, or other political subdivision, to issue an order authorizing and directing the district attorney or the Attorney General to proceed within ten days to file the petition authorized by Code Section
36-82-21
. Thereafter, the proceedings shall be heard in the same manner as would have been followed had the petition been duly and promptly filed in the first instance.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 1 - GENERAL PROVISIONS (§§ 36-82-20 — 36-82-28) › Section 36-82-28 - Effect of judgment of validation upon failure to file petition

Where proceedings are had as provided in Code Section
36-82-27
and result in a judgment validating the bonds, the bonds shall be held and deemed to be as fully and completely validated to all intents and purposes as though the proceedings had been had originally as provided by law and the judgment of validation shall be finally and completely conclusive in like manner as is now provided by Code Section
36-82-25
.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 2 - VALIDATION BY HOLDER OF BONDS ISSUED BY COUNTIES OR MUNICIPALITIES SUBSEQUENT TO ADOPTION OF CONSTITUTION OF 1877 (§§ 36-82-40 — 36-82-47) › Section 36-82-40 - Authorization and procedure generally

The holder of any outstanding bond or bonds of any county, municipality, or political subdivision in this state issued subsequently to the adoption of the Constitution of 1877, the validating of which is not otherwise provided for by Code Sections
36-82-1
through
36-82-6
and Part 1 of this article, shall have the right to have the same validated in the manner provided in this part.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 82 - BONDS (§§ 36-82-1 — 36-82-256) › Article 2 - VALIDATION OF BONDS (§§ 36-82-20 — 36-82-47) › Part 2 - VALIDATION BY HOLDER OF BONDS ISSUED BY COUNTIES OR MUNICIPALITIES SUBSEQUENT TO ADOPTION OF CONSTITUTION OF 1877 (§§ 36-82-40 — 36-82-47) › Section 36-82-41 - Furnishing of indemnity bond by holder

The holder of any bond or bonds described in Code Section
36-82-40
who desires to have the same validated shall first enter into an obligation with sufficient security to indemnify the county, municipality, or political subdivision issuing the bond or bonds desired to be validated against all court costs and other expenses incident to the validating proceedings, the sufficiency of the surety on such obligation to be approved by the executive officer or officers of the county, municipality, or political subdivision.