reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 36-36-57 - Adoption of annexation resolution by municipal corporation; contents of resolutions; approval, availability, and distribution of report relating to extension of services; conduct of public hearing

(a)
Any municipal governing body desiring to annex territory pursuant to this article shall first pass a resolution stating the intent of the municipal corporation to consider annexation. The resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation. The date for the public hearing shall be not less than 30 days and not more than 60 days following passage of the resolution. The notice of the public hearing shall (1) fix the date, hour, and place of a public hearing, (2) describe clearly the boundaries of the area under consideration, and (3) state that the report required in Code Section
36-36-56
will be available at the office of the municipal clerk at least 14 days prior to the date of the public hearing. The notice shall be given by publication in a newspaper having general circulation in the municipality once a week for three successive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there is no such newspaper, the municipal corporation shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for 30 days prior to the date of the public hearing.
(b)
At least 14 days before the date of the public hearing, the governing body shall approve the report provided for in Code Section
36-36-56
and shall make it available to the public at the office of the municipal clerk. In addition, the municipal corporation may prepare a summary of the full report for public distribution.
(c)
At the public hearing, a representative of the municipal corporation shall first make an explanation of the report required in Code Section
36-36-56
. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of the municipality shall be given an opportunity to be heard.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 36-36-58 - Referendum for ratification or rejection of annexation resolution generally; procedure; subsequent annexation attempt

The municipal corporation shall issue a call for a referendum to ratify or reject the adoption of the annexation resolution. The referendum shall be held not less than 30 days nor more than 60 days after the date of the public hearing required by Code Section
36-36-57
. The referendum shall be held, insofar as possible, under the procedures set forth in Chapter 2 of Title 21 for special elections. Only those persons registered to vote for members of the General Assembly residing, on the date of the adoption of the resolution, in the proposed area to be annexed shall vote in the referendum. If a majority of those voting vote in favor of annexation, the area shall become a part of the corporate limits of the municipality, but not otherwise. If a majority of those voting vote against the annexation, a period of two years must elapse before annexation of the same area or any portion thereof may be attempted again under authority of this article.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 36-36-59 - Filing of identification of annexed territory with Department of Community Affairs and county governing authority

Whenever the limits of a municipal corporation are enlarged in accordance with this article, it shall be the duty of the clerk, city attorney, or other person designated by the governing authority of the municipal corporation to cause an identification of the annexed territory to be filed with the Department of Community Affairs, the Legislative and Congressional Reapportionment Office of the General Assembly, and with the governing authority of the county in which the property is located in accordance with Code Section
36-36-3
.
Amended by 2022 Ga. Laws 778,§ 2, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 36-36-60 - Authorized expenditures relating to annexation

Any municipal corporation initiating annexations under this article is authorized to make expenditures for surveys required to describe the property under consideration or for any other purpose necessary to plan for the study and annexation of unincorporated territory adjacent to the municipal corporation. In addition, following final passage of the annexation ordinance, the annexing municipal corporation shall have authority to proceed with expenditures for construction of water and sewer lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in an effective and expeditious manner prior to the effective date of annexation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 4 - ANNEXATION PURSUANT TO RESOLUTION AND REFERENDUM (§§ 36-36-50 — 36-36-61) › Section 36-36-61 - Restriction on applicability of article

This article shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding July 1, 1970, and which has been or is in the process of being deannexed from the corporate limits of any such municipal corporation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 5 - [LIMITATION ON ANNEXATION OF TERRITORY ON WHICH PUBLIC AIRPORT IS LOCATED] (§ 36-36-70) › Section 36-36-70 - Prohibition on annexation of county operated airport property by certain municipal corporations absent approval of airport's governing authority

A municipality that contains more than 85 square miles within its corporate limits shall not annex any territory on which a public airport operated by a county is located unless the governing authority of such county adopts a resolution approving such annexation within 90 days prior to the governing authority of the municipality holding a vote on such annexation.
Added by 2021 Ga. Laws 276,§ 1, eff. 5/10/2021.
Repealed and reserved by 2004 Ga. Laws 488, § 1, eff. 5/13/2004.
Amended by 2002 Ga. Laws 990, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 6 - ANNEXATION OF UNINCORPORATED ISLANDS (§§ 36-36-90 — 36-36-92) › Section 36-36-90 - Definitions

As used in this article, the term:
(1)
"Contiguous area" means any unincorporated area which, on or after January 1, 1999, had an aggregate external boundary directly abutting a municipal boundary. Any area shall be considered "contiguous" if the aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of:
(A)
Any street or street right of way;
(B)
Any creek or river; or
(C)
Any right of way of a railroad or other public service corporation.
(2)
"Municipal corporation" means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1980 or any future such census.
(3)
"Unincorporated island" means:
(A)
An unincorporated area in existence on January 1, 1991, with its aggregate external boundaries abutting the annexing municipality;
(B)
An unincorporated area in existence as of January 1, 1991, with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
(C)
An unincorporated area in existence as of January 1, 1991, which the county governing authority has by resolution adopted not later than 90 days following July 1, 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 6 - ANNEXATION OF UNINCORPORATED ISLANDS (§§ 36-36-90 — 36-36-92) › Section 36-36-91 - Area included in determining aggregate external boundary

For the purposes of determining the aggregate external boundary of an unincorporated area, all real property in the area to be annexed, which at the time the annexation procedures are initiated, (1) is unincorporated, and (2) is in the same county as the annexing municipal corporation, shall have its area included in determining the aggregate external boundary.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 6 - ANNEXATION OF UNINCORPORATED ISLANDS (§§ 36-36-90 — 36-36-92) › Section 36-36-92 - Annexation of unincorporated islands; procedures; provision of municipal services

(a)
The governing body of each municipal corporation of the state may annex to the existing corporate limits thereof all or any portion of unincorporated islands which are contiguous to the existing limits at the time of such annexation upon compliance with the procedures set forth in this article and in accordance with the procedures provided in Article 1 of this chapter.
(b)
Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal governing authority within 30 days after written notice of intent to annex such property is mailed to the owner of such property at the last known address for such owner as it appears on the ad valorem tax records of the county in which such property is located. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Department of Community Affairs, the Legislative and Congressional Reapportionment Office of the General Assembly, and with the governing authority of the county in which the property is located, in accordance with Code Section
36-36-3
.
(c)
Annexation of an unincorporated island as authorized by subsection (a) of this Code section, which unincorporated island directly abuts more than one municipality, shall be by the municipality which abuts the unincorporated island along the greatest percentage of its external boundary as provided in this Code section, unless otherwise agreed to by the affected municipalities.
(d)
Annexations under this article shall be at the sole discretion of the governing body of each municipality.
(e)
Municipal services to the annexed area shall be provided on substantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation; provided, however, that the extension of water and sewer services shall be according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots and subdivisions.
(f)
The provisions of this article with regard to annexation of unincorporated islands are severable as to each city and to the annexation of each unincorporated island therein.
Amended by 2022 Ga. Laws 778,§ 3, eff. 7/1/2022.
Amended by 2019 Ga. Laws 321,§ 36, eff. 5/12/2019.
Amended by 2015 Ga. Laws 70,§ 6-5, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 7 - PROCEDURE FOR RESOLVING DISPUTES BETWEEN GOVERNING AUTHORITIES RELATIVE TO ANNEXATION (§§ 36-36-110 — 36-36-119) › Section 36-36-110 - Applicability

The procedures of this article shall apply to all annexations pursuant to this chapter but shall not apply to annexations by local Acts of the General Assembly.
Added by 2007 Ga. Laws 205,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 7 - PROCEDURE FOR RESOLVING DISPUTES BETWEEN GOVERNING AUTHORITIES RELATIVE TO ANNEXATION (§§ 36-36-110 — 36-36-119) › Section 36-36-110.1 - Definitions

As used in this article, the term:
(1)
"Cost" or "costs" means expenses incurred by a county, municipality, and property owner or owners whose property is at issue, including, but not limited to, per diems, venue rental, teleconference charges, the use of court reporters or hearing officers, and arbitrators' fees and expenses.
(2)
"Department" means the Department of Community Affairs.
(3)
"Impacted school system" means a county or independent school system operating or providing services to the territory to be annexed or which would operate or provide services in a territory to be annexed.
(4)
"Notice" or "notify" means a letter that includes a description of the property to be annexed, a description of the proposed zoning classification and land use of the area to be annexed, and pursuant to Code Section
36-36-4
, information on the time and place of the public hearing on zoning of the property to be annexed.
(5)
"Verifiable delivery" means hand delivery, electronic mail, certified mail, or statutory overnight delivery, provided that the means of delivery allows for verification of the delivery of such notice.
Added by 2022 Ga. Laws 785,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 7 - PROCEDURE FOR RESOLVING DISPUTES BETWEEN GOVERNING AUTHORITIES RELATIVE TO ANNEXATION (§§ 36-36-110 — 36-36-119) › Section 36-36-111 - Notice of annexation

Within 30 days of a municipal corporation's acceptance of a petition of annexation, the municipal corporation shall notify the governing authority of the county and any impacted school system in which the territory to be annexed is located by verifiable delivery. Such notice shall include a copy of the annexation petition which shall include the proposed zoning and land use for such area. The municipal corporation shall take no final action on such annexation except as otherwise provided in this article.
Amended by 2022 Ga. Laws 785,§ 1, eff. 7/1/2022.
Added by 2007 Ga. Laws 205,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 7 - PROCEDURE FOR RESOLVING DISPUTES BETWEEN GOVERNING AUTHORITIES RELATIVE TO ANNEXATION (§§ 36-36-110 — 36-36-119) › Section 36-36-112 - Prohibition on a change in zoning or land use

If no objection is received as provided in Code Section
36-36-113
, the annexation may proceed as otherwise provided by law; provided, however, that as a condition of the annexation, the municipal corporation shall not change the zoning or land use plan relating to the annexed property to a more intense density than that stated in the notice provided for in Code Section
36-36-111
for one year after the effective date of the annexation unless such change is made in the service delivery agreement or comprehensive plan and is adopted by the affected city and county and all required parties.
Added by 2007 Ga. Laws 205,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 7 - PROCEDURE FOR RESOLVING DISPUTES BETWEEN GOVERNING AUTHORITIES RELATIVE TO ANNEXATION (§§ 36-36-110 — 36-36-119) › Section 36-36-113 - Objection to annexation; grounds and procedures

(a)
The county governing authority may by majority vote, as defined by applicable general or local law, object to the annexation because of a material increase in burden upon the county directly related to any one or more of the following:
(1)
The proposed change in zoning or land use;
(2)
Proposed increase in density; and
(3)
Infrastructure demands related to the proposed change in zoning or land use.
(b)
Delivery of services may not be a basis for a valid objection but may be used in support of a valid objection if directly related to one or more of the subjects enumerated in paragraphs (1), (2), and (3) of subsection (a) of this Code section.
(c)
The objection provided for in subsection (a) of this Code section shall document the nature of the objection specifically providing evidence of any financial impact forming the basis of the objection and shall be delivered to the municipal governing authority and the department by verifiable delivery to be received not later than the end of the forty-fifth calendar day following receipt of the notice provided for in Code Section
36-36-111
.
(d)
In order for an objection pursuant to this Code section to be valid, the proposed annexation must:
(1)
Result in:
(A)
A substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use; or
(B)
A use which significantly increases the net cost of infrastructure or significantly diminishes the value or useful life of a capital outlay project, as such term is defined in Code Section
48-8-110
, which is furnished by the county to the area to be annexed; and
(2)
Authorize or result in a land use that differs substantially from the existing uses suggested for the property by the county's comprehensive land use plan or permitted for the property pursuant to the county's zoning ordinance or its land use ordinances.
Amended by 2022 Ga. Laws 785,§ 1, eff. 7/1/2022.
Added by 2007 Ga. Laws 205,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 7 - PROCEDURE FOR RESOLVING DISPUTES BETWEEN GOVERNING AUTHORITIES RELATIVE TO ANNEXATION (§§ 36-36-110 — 36-36-119) › Section 36-36-116 - Appeal

The municipal or county governing authority or an applicant for annexation may appeal the decision of the arbitration panel by filing an action in the superior court of the county within ten calendar days from receipt of the panel's findings and recommendations. The sole grounds for appeal shall be to correct errors of fact or of law, the bias or misconduct of an arbitrator, or the panel's abuse of discretion. The superior court shall schedule an expedited appeal and shall render a decision within 20 days from the date of filing. If the court finds that an error of fact or law has been made, that an arbitrator was biased or engaged in misconduct, or that the panel has abused its discretion, the court shall issue such orders governing the proposed annexation as the circumstances may require, including remand to the panel. Any unappealed order shall be binding upon the parties. The appeal shall be assigned to a judge who is not a judge in the circuit in which the county is located.
Added by 2007 Ga. Laws 205,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 7 - PROCEDURE FOR RESOLVING DISPUTES BETWEEN GOVERNING AUTHORITIES RELATIVE TO ANNEXATION (§§ 36-36-110 — 36-36-119) › Section 36-36-117 - Annexation after conclusion of procedures; remedies for violations of conditions

If the annexation is completed after final resolution of any objection, whether by agreement of the parties, act of the panel, or court order as a result of an appeal, the municipal corporation shall not change the zoning, land use, or density of the annexed property for a period of two years unless such change is made in the service delivery agreement or comprehensive plan and adopted by the affected city and county and all required parties. Following the conclusion of the dispute resolution process outlined in this article, the municipal corporation and an applicant for annexation may either accept the recommendations of the arbitration panel and proceed with the remaining annexation process or abandon the annexation proceeding. A violation of the conditions set forth in this Code section may be enforced thereafter at law or in equity until such conditions have expired as provided in this Code section.
Amended by 2022 Ga. Laws 785,§ 1, eff. 7/1/2022.
Added by 2007 Ga. Laws 205,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 7 - PROCEDURE FOR RESOLVING DISPUTES BETWEEN GOVERNING AUTHORITIES RELATIVE TO ANNEXATION (§§ 36-36-110 — 36-36-119) › Section 36-36-118 - Abandonment of proposed annexation; remedies for violations of conditions

If at any time during the proceedings the municipal corporation or applicant abandons the proposed annexation, the county shall not change the zoning, land use, or density affecting the property for a period of one year unless such change is made in the service delivery agreement or comprehensive plan and adopted by the affected city and county and all required parties. A violation of the conditions set forth in this Code section may be enforced thereafter at law or in equity until such period has expired. After final resolution of any objection, whether by agreement of the parties, act of the panel, or any appeal from the panel's decision, the terms of such decision shall remain valid for the two-year period and such annexation may proceed at any time during the two years without any further action or without any further right of objection by the county.
Amended by 2022 Ga. Laws 785,§ 1, eff. 7/1/2022.
Added by 2007 Ga. Laws 205,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 7 - PROCEDURE FOR RESOLVING DISPUTES BETWEEN GOVERNING AUTHORITIES RELATIVE TO ANNEXATION (§§ 36-36-110 — 36-36-119) › Section 36-36-119 - Good faith negotiations; written agreement governing terms of annexation

The county, the municipal governing authorities, and the property owner or owners shall negotiate in good faith throughout the annexation proceedings provided by this article and may at any time enter into a written agreement governing the annexation. Such agreement may provide for changing the zoning, land use, or density of the annexed property during a period of less than two years. If such agreement is reached after the arbitration panel has been appointed and before its dissolution, such agreement shall be adopted by the panel as its findings and recommendations. If such agreement is reached after an appeal is filed in the superior court and before the court issues an order, such agreement shall be made a part of the court's order. Any agreement reached as provided in this Code section shall be recorded as provided in Code Section
36-36-115
. Copies of such agreement shall also be provided by the parties to the department in the same manner as the findings and recommendations of an arbitration panel.
Amended by 2022 Ga. Laws 785,§ 1, eff. 7/1/2022.
Added by 2007 Ga. Laws 205,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 8 - MUNICIPAL DEANNEXATION (§§ 36-36-130 — 36-36-134) › Section 36-36-130 - Application of statutory provisions

The procedures of this article shall apply to deannexations pursuant to this article but shall not apply to deannexations by local Acts of the General Assembly.
Added by 2023 Ga. Laws 257,§ 3, eff. 5/2/2023.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 8 - MUNICIPAL DEANNEXATION (§§ 36-36-130 — 36-36-134) › Section 36-36-132 - Unincorporated islands prohibited

There shall be no deannexation under this article that results in the formation of one or more unincorporated islands or in part of the area remaining in the municipal corporation no longer being a contiguous area of such municipal corporation.
Added by 2023 Ga. Laws 257,§ 3, eff. 5/2/2023.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 8 - MUNICIPAL DEANNEXATION (§§ 36-36-130 — 36-36-134) › Section 36-36-133 - Debt limitations on deannexation

In the event that a municipality has outstanding general obligation bond or revenue bond indebtedness, property in such municipality is ineligible for deannexation pursuant to this article.
Added by 2023 Ga. Laws 257,§ 3, eff. 5/2/2023.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 36 - ANNEXATION OF TERRITORY (§§ 36-36-1 — 36-36-134) › Article 8 - MUNICIPAL DEANNEXATION (§§ 36-36-130 — 36-36-134) › Section 36-36-134 - Municipal services for deannexed property

In the event of a deannexation pursuant to this article, a municipality may, but is not required to, continue to provide any services to the property which it was providing immediately prior to the deannexation, provided that the county and municipality have agreed to terms and conditions for the municipality continuing to provide such services.
Added by 2023 Ga. Laws 257,§ 3, eff. 5/2/2023.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 36-37-1 - Devises, gifts, and grants of property for parks or other public purposes

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 36-37-6.1 - Sale, exchange, lease, or grant of easement over property used for recreational purposes by incorporated municipalities having population greater than 300,000

(a)
This Code section shall be applicable to incorporated municipalities of the State of Georgia having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census.
(b)
All such municipalities shall have authority to sell, exchange, or otherwise dispose of any real or personal property comprising parks, playgrounds, golf courses, swimming pools, or other like property used primarily for recreational purposes, provided that nothing in this Code section shall have the effect of authorizing alienation where such would be in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or where such alienation would cause divesting of title to a park, playground, golf course, swimming pool, or other like property that had been dedicated to public use and not subsequently abandoned.
(c)
(1)
All such municipalities shall have authority to lease out and grant easements over property used primarily for recreational purposes to others consistent with general park and recreational purposes for a period not exceeding 50 years and for a valuable consideration. Any such recreational property which was formerly used for annual regional fair purposes but is no longer so used may be leased by any such municipality to one or more private entities for terms of not more than 50 years each for development and use as motion picture and television production, processing, and related facilities together with all such support and service facilities as are necessary or convenient to such use.
(2)
All such municipalities shall have authority to enter into contracts and renewals and extensions of contracts for the cooperative operation, maintenance, cooperative management, and funding of property which in no way limits the governance or the policy role of said municipalities which property is used primarily for recreational purposes consistent with general park and recreational purposes, for periods not exceeding ten years and for a valuable consideration.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 36-37-6.2 - Purchase or other acquisition of real property on time or partly for cash; securing of balance; limitation on liability

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 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.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 36-37-8 - Disposition of public utility plants or properties - Notice of intent to dispose; petition objecting to disposition; election and notice

Notice of intention to make such sale, lease, or other disposition of a municipal waterworks or electric or gas plant, setting out the price and other general terms and conditions of the proposed sale, lease, or disposition, shall be given by publication once a week for three consecutive weeks in some newspaper published in the municipality and, if no newspaper is published in the municipality, then in some newspaper published in the county in which the municipality is located and, if there is no such newspaper, then in some newspaper having a general circulation in the municipality. After ten days from the last publication of such notice, the plant may be disposed of unless, within ten days after the last publication of the notice, a petition signed by not less than 20 percent of the qualified voters of the municipality is filed, objecting to and protesting against the sale, lease, or disposition. If the petition, so signed, is filed, the sale shall not be made unless submitted to a special election ordered for the purpose of determining whether a majority, which shall constitute two-thirds of those voting at the election, favors the sale, lease, or other disposition. Such election shall be ordered by the municipality to be held not less than 50 days after the date of the filing of the objecting petition with the municipality. The election shall be held in accordance with and in all respects be governed by the Acts of the General Assembly in regard to elections to determine whether municipalities shall issue bonds or not. The notice of the election shall state its purpose.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 36-37-9 - Disposition of public utility plants or properties - Ballots for election

The ballots provided for the election shall have plainly written or printed thereon the words "Shall the waterworks, electric, or gas plant (as the case may be), be sold, leased, or disposed of (as the case may be)?" Beside such words shall be suitably placed, on separate lines, the words "Yes" and "No," so that the voter may indicate the way he desires to vote on the question submitted.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 37 - ACQUISITION AND DISPOSITION OF REAL AND PERSONAL PROPERTY GENERALLY (§§ 36-37-1 — 36-37-10) › Section 36-37-10 - Disposition of public utility plants or properties - Proposed disposition determined by two-thirds vote

If two-thirds of those voting in the election vote in favor of such sale, lease, or disposition, the proper officers of the municipal corporation may proceed to sell, lease, or dispose of such plant in accordance with the terms and conditions set out in the notice of proposed intention to sell, lease, or dispose of such plant. If such election is determined against the sale, lease, or disposition of the plant, the plant shall not be sold, leased, or disposed of but shall remain the property of the municipality.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 38 - BONDS (§§ 36-38-1 — 36-38-23) › Article 1 - GENERAL PROVISIONS (§§ 36-38-1 — 36-38-4) › Section 36-38-1 - Investment of funds acquired by tax levied to pay bonded indebtedness generally

Every municipal corporation and the officer or officers of any municipal corporation in this state who are charged with the custody of funds raised in pursuance of Article IX, Section V, Paragraph VI of the Constitution of this state are required, under the direction of the mayor and council of the municipal corporation or a duly constituted and authorized committee of the same, to invest, within six months from their collection, all sums collected by the municipal corporation under the requirements of such paragraph of the Constitution, for the purpose of paying the principal of the bonded indebtedness of the municipal corporation, which sums are not actually payable on such principal within 12 months from the date of collection thereof. Such sums may be invested in valid outstanding bonds of such municipal corporation or of some other municipal corporation in this state of equal or larger size, which bonds have been duly validated in accordance with law, or in county bonds of this state which have been duly validated, or in valid outstanding bonds of this state or of the United States. The officer or officers of the municipal corporation shall keep such funds so invested in such bonds, with the privilege of changing the investment from one character of the bonds named to another from time to time as the mayor and council may direct, until such time before the maturity of outstanding obligations as may be necessary to dispose of the same in order to meet such obligations at maturity.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 38 - BONDS (§§ 36-38-1 — 36-38-23) › Article 1 - GENERAL PROVISIONS (§§ 36-38-1 — 36-38-4) › Section 36-38-2 - Sale of municipal bonds and use of proceeds for retirement of earlier bonds

Whenever a municipal corporation invests its sinking fund in bonds issued by itself, if such bonds mature at a date beyond the maturity of other bonds of such municipal corporation such later bonds may be sold by the municipal corporation or the sinking fund commission and the funds therefrom used to retire earlier municipal bonds as they mature.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 38 - BONDS (§§ 36-38-1 — 36-38-23) › Article 1 - GENERAL PROVISIONS (§§ 36-38-1 — 36-38-4) › Section 36-38-3 - Registration of bonds in which municipal funds invested in name of municipal corporation

Whenever and as soon as the sinking fund of any municipal corporation has been invested in municipal, county, state, or federal government bonds as required by Code Section
36-38-1
, the officer or officers of such municipal corporation charged with the custody of its funds and securities shall proceed forthwith to have the securities in which such funds are so invested registered in the name of the municipal corporation, provided such bonds by their terms under the conditions of their issue are capable of being registered in the name of the owner.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 38 - BONDS (§§ 36-38-1 — 36-38-23) › Article 1 - GENERAL PROVISIONS (§§ 36-38-1 — 36-38-4) › Section 36-38-4 - Registration of bonds in name of owner

Every issue of municipal bonds shall provide that at the owner's option the same may be registered in the owner's name, both as to principal and interest.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 38 - BONDS (§§ 36-38-1 — 36-38-23) › Article 2 - COMPROMISE OF BONDED DEBT (§§ 36-38-20 — 36-38-23) › Section 36-38-20 - Authority to compromise bonded debt; rights of dissenting creditors not prejudiced

The authorities of any municipal corporation of this state are authorized to compromise their bonded debt, in accordance with this article, provided that this article shall not be construed to prejudice the rights of such creditors as may refuse to assent to the compromise.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 38 - BONDS (§§ 36-38-1 — 36-38-23) › Article 2 - COMPROMISE OF BONDED DEBT (§§ 36-38-20 — 36-38-23) › Section 36-38-21 - Issuance of new bonds for outstanding bonds

Where there are outstanding bonds and coupons of any municipal corporation of this state, whether such bonds or coupons are due or to become due, the authorities may issue new bonds with coupons attached, to be exchanged and to stand in the place of such outstanding bonds and coupons, provided that the new bonds so issued shall not exceed in amount the previously existing total bonded debt, with interest thereon, of such municipal corporation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 38 - BONDS (§§ 36-38-1 — 36-38-23) › Article 2 - COMPROMISE OF BONDED DEBT (§§ 36-38-20 — 36-38-23) › Section 36-38-22 - Issuance and exchange of bonds; contractual effect of ordinance

When the authorities of a municipal corporation desire to avail themselves of the benefit of Code Sections
36-38-20
and
36-38-21
and this Code section, they are authorized and empowered to pass any ordinance or ordinances to provide for the issuance and exchange of new bonds to stand in the place and stead of outstanding bonds and coupons, to determine the mode and method of such issuance and exchange, and to fix the length of time such new bonds shall run and the rate of interest they shall bear. Such ordinance or ordinances shall have the force and effect of contracts between the municipal corporation and those who may receive or hold such new bonds so issued and exchanged.