reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 3 - BOARDS CREATED BEFORE JAN. 1, 2003 (§§ 36-74-40 — 36-74-50) › Section 36-74-49 - Notice required; form of notice

(a)
All notices required by this article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; by leaving the notice at the violator's usual place of residence with any person residing therein who is over 15 years of age and informing such person of the contents of the notice; or by leaving the notice at the violator's usual place of business with a manager or other upper-level employee who is over 15 years of age and informing such person of the contents of the notice.
(b)
In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:
(1)
Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriff's advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper;
(2)
If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or
(3)
Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery, mail, or statutory overnight delivery as required under subsection (a) of this Code section. Evidence that an attempt has been made to deliver notice by hand, mail, or statutory overnight delivery as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in this subsection, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50) › Article 3 - BOARDS CREATED BEFORE JAN. 1, 2003 (§§ 36-74-40 — 36-74-50) › Section 36-74-50 - Other enforcement methods

It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations.
Added by 2003 Ga. Laws 239, § 2, eff. 6/3/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-1 - Short title

This chapter shall be known and may be cited as the "Public Safety and Judicial Facilities Act."
Amended by 2021 Ga. Laws 279,§ 1, eff. 7/1/2021.
Amended by 2004 Ga. Laws 564, § 36, eff. 5/13/2004.
Added by 2003 Ga. Laws 379, § 1, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-2 - Legislative authority; purpose

This chapter is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this chapter is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons, the state covenants the holders of the bonds issued under this chapter that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
Added by 2003 Ga. Laws 379, § 1, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-4 - Public safety and judicial facilities authorities created for each county and municipality; joint authority; filing with Secretary of State

(a)
There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the "public safety and judicial facilities authority" of such county. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation.
(b)
Any number of counties or municipal corporations or a combination of counties and municipal corporations may jointly form an authority to be known as the "joint public safety and judicial facilities authority" for such counties or municipal corporations or both. No authority shall transact any business or exercise any powers under this chapter until the governing authority of each county and municipal corporation involved declare, by ordinance or resolution, that there is a need for an authority to function and declare that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each county and municipal corporation approves an agreement with the other counties or municipal corporations for the activation of an authority and such agreement is executed.
(c)
A copy of such ordinances, resolutions, and agreements shall be filed with the Secretary of State, who shall maintain a record of all authorities activated under this chapter.
Amended by 2006 Ga. Laws 453,§ 36, eff. 4/14/2006.
Added by 2003 Ga. Laws 379, § 1, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-5 - Management by board of directors; membership; procedures

Control and management of the authority shall be vested in a board of directors whose members shall be residents of the county or municipal corporation, as applicable. Directors shall be appointed, and may be reappointed, for terms of four years. The resolution or ordinance activating the authority shall state the number of directors and the appointing authority for each. No member of the governing authority of a county or municipal corporation that activates an authority is eligible to be appointed as a director while serving a term of office as a member of the governing authority of such county or municipal corporation. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.
Added by 2003 Ga. Laws 379, § 1, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-6 - Quorum

A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of a majority of the directors.
Added by 2003 Ga. Laws 379, § 1, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-9 - Responsibility for bonds and obligations

No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.
Added by 2003 Ga. Laws 379, § 1, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-10 - Construction

This chapter shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," or any other law. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum.
Amended by 2008 Ga. Laws 528,§ 11, eff. 7/1/2009.
Added by 2003 Ga. Laws 379, § 1, eff. 6/4/2003.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-11 - Resolutions and referendums required prior to issuance of bonded indebtedness for new projects; exclusions

(a)
On and after May 24, 2007, no public safety and judicial facilities authority created and activated by a single county pursuant to this chapter shall be authorized to issue bonds for new projects unless a resolution approving such projects is passed by a majority vote of the governing authority of the county that created and activated such authority.
(b)
The proceeds of bonds issued by a public safety and judicial facilities authority created and activated by a single county pursuant to this chapter and any interest on such proceeds shall be used only for the projects set forth in the resolution approving the issuance of such bonds or for debt service on such bonds.
(c)
Any authority other than the type of authority defined in paragraph (1) of Code Section
36-75-3
:
(1)
Which is authorized by general or local Act to operate and issue bonds in a single county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter; and
(2)
Which constructs or operates buildings or facilities for use by any department, agency, division, or commission of any county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter shall obtain approval by resolution as provided for in subsection (a) of this Code section prior to issuing bonds for any new buildings, facilities, or real property or improvements to existing buildings, facilities, or real property and shall be bound to such resolution as provided in subsection (b) of this Code section.
(d)
Subsections (a), (b), and (c) of this Code section shall apply only to the issuance of bonds the principal and interest of which will be repaid, directly or indirectly, in whole or in part, through funds of the county by agreement between the county and:
(1)
A public safety and judicial facilities authority created and activated pursuant to this chapter; or
(2)
Any authority other than the type of authority defined in paragraph (1) of Code Section
36-75-3
that meets the conditions set forth in paragraphs (1) and (2) of subsection (c) of this Code section.
(e)
The provisions of this Code section shall not apply under any circumstances to the issuance of "recovery zone economic development bonds" and "recovery zone facility bonds" as such terms are defined in Section 1401 of the federal American Recovery and Reinvestment Act of 2009.
Amended by 2021 Ga. Laws 279,§ 2, eff. 7/1/2021.
Amended by 2010 Ga. Laws 353,§ 2, eff. 5/7/2010.
Added by 2007 Ga. Laws 235,§ 1, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-12 - Authorities with maximum amount of outstanding bonded indebtedness to obtain approval by resolution and referendum prior to issuing additional bonds

Those public safety and judicial facilities authorities created and activated pursuant to this chapter that have issued the $50 million maximum aggregate amount of bonds permitted under paragraph (13) of Code Section
36-75-7
shall be subject to the provisions of Code Section
36-75-11
when such bonded indebtedness is reduced and such authorities desire to issue additional bonds for new projects.
Added by 2007 Ga. Laws 235,§ 1, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 75 - PUBLIC SAFETY AND JUDICIAL FACILITIES (§§ 36-75-1 — 36-75-13) › Section 36-75-13 - Jurisdictions with activated public safety and judicial facilities authorities prohibited from also activating joint public safety and judicial facilities authority

On and after May 24, 2007, no county or municipality that has activated or that activates a public safety and judicial facilities authority shall also activate a joint public safety and judicial facilities authority.
Added by 2007 Ga. Laws 235,§ 1, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 76 - CONSUMER CHOICE FOR TELEVISION ACT (§§ 36-76-1 — 36-76-11) › Section 36-76-1 - Short title

This chapter shall be known and may be cited as the "Consumer Choice for Television Act."
Added by 2007 Ga. Laws 368,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 76 - CONSUMER CHOICE FOR TELEVISION ACT (§§ 36-76-1 — 36-76-11) › Section 36-76-7 - Customer service requirements

(a)
The holder of a state franchise shall comply with the customer service standards as set forth in
47 C.F.R. 76.309(c)
. No franchising authority shall have the power to require the holder of a state franchise to comply with any customer service standards other than those set forth in this Code section.
(b)
Except as provided in paragraph (2) of subsection (c) of this Code section, each affected local governing authority shall receive and handle complaints from subscribers of the holder of a state franchise that reside in the affected local governing authority's jurisdiction.
(c)
(1)
By December 31, 2007, the Governor's Office of Consumer Affairs shall establish a uniform set of rules, which may include fines and penalties, pursuant to which an affected local governing authority shall resolve subscriber complaints. Said rules shall include a requirement that the cable service provider or video service provider participate in mandatory nonbinding mediation with the affected local governing authority and the subscriber if the issue cannot be resolved between the cable service provider or video service provider and the subscriber. Said rules shall apply only until 50 percent of the potential subscribers within an affected local governing authority are offered service by two or more cable service providers or video service providers holding a state franchise or a local franchise.
(2)
After such time as 50 percent of the potential subscribers within an affected local governing authority are being offered service by two or more cable service providers or video service providers holding a state franchise or a local franchise, an affected local governing authority may, in its discretion, by the adoption of a resolution or ordinance, discontinue receiving and handling all subscriber inquiries, billing issues, and other complaints for state franchise holders. Notwithstanding any other provision of law, where an affected local governing authority discontinues receiving and handling subscriber inquiries, billing issues, and other complaints relating to state franchise holders by adoption of a resolution or ordinance pursuant to this paragraph, bills to subscribers by cable service providers or video service providers holding a state franchise shall not include the contact information of such affected local governing authority for the purpose of directing or initiating complaints or making other such subscriber inquiries.
(d)
Rules, orders, actions, and regulations previously adopted pursuant to this Code section shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General until amended, repealed, or superseded by rules or regulations adopted by the Attorney General.
Amended by 2015 Ga. Laws 187,§ 26, eff. 7/1/2015.
Amended by 2008 Ga. Laws 471,§ 36, eff. 5/12/2008.
Added by 2007 Ga. Laws 368,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 76 - CONSUMER CHOICE FOR TELEVISION ACT (§§ 36-76-1 — 36-76-11) › Section 36-76-9 - Service outlet to municipalities and counties; complimentary basic cable service or video service to public schools and public libraries

A cable service provider or video service provider shall, upon written request by a municipality or county, install, at no charge, one service outlet to a demarcation point located on the outside of any designated municipal or county building or multibuilding complex, provided such building demarcation point is within 125 feet from the cable service provider or video service provider's activated distribution point of connection. A cable service provider or video service provider shall not be required to extend its facilities beyond the appropriate demarcation point located outside the building or to perform any inside wiring. The cable service provider or video service provider shall provide complimentary basic cable service or video service to public schools and public libraries over that one service outlet free of charge, which service shall not be used for commercial purposes. The cable service provider or video service provider shall provide complimentary basic cable service or video service to public buildings other than public schools and public libraries only to the extent such a complimentary service arrangement existed under the terms of a local franchise agreement in effect as of January 1, 2007, and shall continue only until the local franchise agreement would have expired under its own terms; provided, however, that such provider shall not be precluded from providing such additional complimentary service at its option. The municipality or county may not receive service at the same building from more than one cable service provider or video service provider at a time under this Code section.
Added by 2007 Ga. Laws 368,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 76 - CONSUMER CHOICE FOR TELEVISION ACT (§§ 36-76-1 — 36-76-11) › Section 36-76-10 - Limitations on requirements that may be imposed upon holders of a state franchise

No franchising authority, state agency, or political subdivision of the state shall impose any build-out requirement on system construction or service deployment on a holder of a state franchise. This chapter shall occupy the entire field of franchising or otherwise regulating cable service and video service. An affected local governing authority's power to regulate the holder of a state franchise shall be limited to:
(1)
A requirement that the holder of a state franchise who is providing cable service or video service within the municipality or unincorporated area of the county shall notify each affected local governing authority at least ten days before providing service in such municipality or county. A municipal or county governing authority may require the holder of a state franchise to update the description of the service area provided in the application for a state franchise annually and may also require the holder of a state franchise to maintain a point of contact that shall be available during normal business hours;
(2)
The establishment of reasonable guidelines regarding the use of PEG access channels;
(3)
The lawful and reasonable exercise of the police powers of the municipal or county governing authority to the extent reasonably necessary to protect the health, safety, and welfare of the public;
(4)
The enactment and enforcement of lawful and reasonable laws and rules and municipal or county ordinances and regulations concerning excavation, permitting, bonding requirements, indemnification requirements, and placement and maintenance of facilities in any public right of way that are generally applicable to all users of any public right of way, except to the extent specifically precluded by subsection (h) of Code Section
36-76-6
; and
(5)
The lawful and reasonable exercise of the rights established in this chapter.
Added by 2007 Ga. Laws 368,§ 1, eff. 7/1/2007.
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 36-80-1 - Code of ethics; members of local board of education allowed to discuss policies and actions of such board outside of board meetings; exceptions

A local board of education shall not adopt or follow any code of ethics which prevents the members of such board from discussing freely the policies and actions of such board outside of a board meeting. This Code section shall not apply to any matter or matters discussed in executive session as defined in subsection (a) of Code Section
50-14-1
or which are exempt from disclosure under Code Section
50-18-72
.
Added by 2007 Ga. Laws 352,§ 1, eff. 7/1/2016.
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 36-80-2 - Power to issue notes, certificates, and other evidence of indebtedness in anticipation of taxes

Counties, municipalities, county boards of education, and other political subdivisions of the state which are authorized to levy taxes shall have the power and authority, within the limitations prescribed by Article IX, Section V, Paragraph V of the Constitution of Georgia, to issue notes, certificates, or other evidence of indebtedness in anticipation of the collection of taxes levied or to be levied during the calendar year.
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 36-80-3 - Authorized investments of funds by governing bodies

(a)
The governing body of a municipality, county, school district, or other local governmental unit or political subdivision, in addition to all other legal investments, may invest and reinvest money subject to its control and jurisdiction in:
(1)
Obligations of the United States and of its agencies and instrumentalities;
(2)
Bonds or certificates of indebtedness of this state and of its agencies and instrumentalities; and
(3)
Certificates of deposit of banks which have deposits insured by the Federal Deposit Insurance Corporation; provided, however, that that portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation shall be secured by direct obligations of this state or the United States which are of a par value equal to that portion of such certificates of deposit which would be uninsured.
(b)
This Code section shall not impair the power of a municipality, county, school district, or other local governmental unit or political subdivision to hold funds in deposit accounts with banking institutions as otherwise authorized 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 80 - GENERAL PROVISIONS (§§ 36-80-1 — 36-80-31) › Section 36-80-4 - Delegation of governing body's investment authority to financial officer

The governing body may delegate the investment authority provided by Code Section
36-80-3
to the treasurer or other financial officer charged with custody of the funds of the local government, who shall thereafter assume full responsibility for such investment transactions until the delegation of authority terminates or is revoked.
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 36-80-5 - Relief from or composition of debts under federal statute prohibited

(a)
No county, municipality, school district, authority, division, instrumentality, political subdivision, or public body corporate created under the Constitution or laws of this state shall be authorized to file a petition for relief from payment of its debts as they mature or a petition for composition of its debts under any federal statute providing for such relief or composition or otherwise to take advantage of any federal statute providing for the adjustment of debts of political subdivisions and public agencies and instrumentalities.
(b)
No chief executive, mayor, board of commissioners, city council, board of trustees, or other governmental officer, governing body, or organization shall be empowered to cause or authorize the filing by or on behalf of any county, municipality, school district, authority, division, instrumentality, political subdivision, or public body corporate created under the Constitution or laws of this state of any petition for relief from payment of its debts as they mature or a petition for composition of its debts under any federal statute providing for such relief or composition or otherwise to take advantage of any federal statute providing for the adjustment of debts of political subdivisions and public agencies and instrumentalities.
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 36-80-6 - State furnished services, assistance, funds, property, and other incentives for consolidated programs

The state and all departments, boards, bureaus, commissions, and other agencies thereof are authorized and empowered, within the limitations of the Constitution of Georgia, to furnish and make available services, assistance, funds, property, and other incentives to any two or more counties, municipal corporations, public corporations, and other political subdivisions of this state or any combination thereof, in connection with any program of services, benefits, administration, or other undertaking in which the state or any of its agencies participates, by furnishing supervision, services, property, administration, or funds, where such counties, municipal corporations, public corporations, or other political subdivisions are thereby able and willing to provide for the consolidation, combining, merger, or joint administration of such program or any part or function thereof by the two or more units, so as to effectuate economy or simplification in the administration or financing thereof. The incentives referred to in this Code section shall also include the assuming by the state or its agencies of a greater share or, where funds are available and such is deemed feasible, the entire cost of such participating program.
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 36-80-7 - Execution of contracts, plans, and documents for consolidated programs

The state and all of its agencies are authorized to execute such contracts, plans, or other documents as may be necessary or desirable to effectuate the purposes of Code Section
36-80-6
, this Code section, and Code Sections
36-80-8
and
36-80-9
.
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 36-80-8 - Establishment of area offices for consolidated programs

The state and all of its agencies are empowered to establish and maintain area offices for such combined, consolidated, or merged undertakings.
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 36-80-9 - Promulgation of rules and regulations for consolidated programs; requirement of submission of plans and reports

The state and its agencies are authorized to prescribe such reasonable rules, regulations, and requirements and to require the submission of such plans and reports from the participating units as may be deemed necessary or desirable to the proper administration of Code Sections
36-80-6
through
36-80-8
and this Code section.
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 36-80-10 - Election for unbonded debt - Requirement and procedure

When any county, municipality, or political subdivision desires to incur any debt, within the purview and meaning of Article IX, Section V, Paragraph I or II of the Constitution of Georgia other than a bonded debt, the election required shall be called and held in accordance with Code Sections
36-80-11
through
36-80-14
.
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 36-80-11 - Notice of election for unbonded debt

The officers charged with levying taxes, contracting debts, and the like for the county, municipality, or political subdivision shall give notice, for a period of 30 days next preceding the day of the election, in the newspaper in which sheriff's advertisements for the county are published, notifying the qualified voters that on the day named an election will be held to determine whether the debt desired or proposed to be incurred shall be incurred by the county, municipality, or political subdivision. The notice shall specify the amount of the debt to be incurred, the purposes for which it is to be incurred, the amount of the debt to be paid annually or at shorter periods, the terms of the contract under which the debt is to be incurred, and the wording of the ballots to be used in the election for or against incurring the debt.
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 36-80-12 - Voting in election for unbonded debt; returns and declaration of election result

The election shall be held at all the voting or election precincts within the limits of the county, municipality, or political subdivision. It shall be held by the same persons, in the same manner, and under the same rules and regulations as elections for officers of the county, municipality, or political subdivision are held. The returns shall be made to the officers calling or ordering the election, who shall, in the presence of and together with the several managers who bring up the returns, 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 80 - GENERAL PROVISIONS (§§ 36-80-1 — 36-80-31) › Section 36-80-13 - Authorization to incur unbonded debt following favorable vote

When the notice is given and the election is held in accordance with Code Section
36-80-12
, if the requisite majority of the qualified voters of the county, municipality, or political subdivision voting at the election vote for incurring the debt, the authority to incur the debt 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.
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 36-80-14 - Annual sinking fund for unbonded debt

Any county, municipality, or political subdivision of this state which incurs an indebtedness under Code Sections
36-80-10
through
36-80-13
and this Code section shall, on or before so doing, or annually thereafter, provide, without incurring further debt thereby, an annual sum sufficient in amount to pay the principal and interest of the debt within 30 years from the date of the incurring of the indebtedness.
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 36-80-15 - Allocation and expenditure of proceeds from timber sales from military installations and facilities

(a)
The purpose of this Code section is to grant and prescribe the manner of expenditure of funds received by this state from the federal government from sales of timber from military installations and military facilities of the United States, as authorized by subsection (e) of Section 2665 of Title 10 of the United States Code, as amended by the Military Construction Authorization Act of 1982.
(b)
The amount of such funds received by the state from sales from each military installation or facility shall be allocated to the county in which the installation or facility is located. If an installation or facility is located in more than one county, the amount allocated to each such county shall be the total amount derived from sales from that installation or facility times a fraction the numerator of which is the number of acres of the installation or facility in the county and the denominator of which is the number of acres of the installation or facility in the state.
(c)
Of the amount allocated to each county, 50 percent shall be paid to the county governing authority and 50 percent shall be paid to the county board of education. If, however, there is an independent school district in any county to which funds are allocated, then 50 percent of the funds allocated to the county shall be paid to the county governing authority and the remaining 50 percent shall be proportionally divided among the county school district and each independent school district in the county according to the ratio which the average daily attendance for each system bears to the total average daily attendance for all systems in the county, except that if pupils in one district attend school in another district they shall for purposes of determining average daily attendance be considered as attending school in the district in which they reside.
(d)
Funds received by a county governing authority shall be used only on the county road system. Funds received by a board of education may be used for any purpose for which the board may lawfully expend public funds.
(e)
Funds received by the state as described in this Code section shall be administered by the state treasurer and distributed by the state treasurer as provided in this Code section not less often than annually.
Amended by 2010 Ga. Laws 621,§ 4, eff. 7/1/2010.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
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 36-80-17 - Authorization to contract for utility services; conditions and limitations

(a)
As used in this Code section, the term "local authority" means an instrumentality of one or more local governments created to fulfill a specialized public purpose or any other legally created organization that has authority to issue debt for a public purpose independent of a county or municipality, regardless of name; provided, however, that the term "local authority" does not include a state authority. A local authority may have been created by local constitutional amendment, general statute, or local law.
(b)
The governing body of any local authority which is authorized to provide electric, natural gas, or water utility services in this state may authorize the execution of one or more contracts which specify the rates, fees, or other charges which will be charged and collected by the local authority for electric, natural gas, or water utility services to be provided by the local authority to one or more of its utility customers. Any such contract shall be subject to the following conditions and limitations:
(1)
(A)
Except as provided in subparagraph (B) of this paragraph, no such contract shall be for a term in excess of ten years.
(B)
No such contract for solar utility services or for wind utility services shall be for a term in excess of 20 years;
(2)
Any such contract which is for a term in excess of two years shall include commercially reasonable provisions under which the rates, fees, or other charges shall be adjusted with respect to inflationary or deflationary factors affecting the provision of the utility service in question; and
(3)
Any such contract shall include commercially reasonable provisions relieving the local authority from its obligations under the contract in the event that the local authority's ability to comply with the contract is impaired by war, natural disaster, catastrophe, or any other emergency creating conditions under which the local authority's compliance with the contract would become impossible or create a substantial financial burden upon the local authority or its taxpayers.
Amended by 2019 Ga. Laws 214,§ 3, eff. 7/1/2019.
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 36-80-18 - Environmental assessment required prior to acquiring real property for recreational area; continuing assessment

(a)
A county, municipality, local board of education, or public authority created by local or general law may not accept a gift of or otherwise acquire real property which is intended to be used for a park or recreational area unless, prior to such acceptance or acquisition, such political subdivision or authority retains an environmental health engineer for a phase 1 environmental assessment to examine the property for contaminants, hidden methane gas, and similar hazards which would be dangerous to public use of such property and receives a report regarding any discovered dangers. If such report discloses significant dangers, the property shall not be accepted or acquired unless the danger is eliminated; otherwise, such property may be accepted or acquired.
(b)
At least every 20 years after property has been accepted or acquired pursuant to subsection (a) of this Code section, the political subdivision or authority shall retain an environmental health engineer to retest the property for hazards.
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 36-80-20 - Decal or seal required on vehicles owned or leased by any county, municipality, regional commission, school system, commission, board, or public authority

(a)
Every motor vehicle which is owned or leased by any county, municipality, regional commission, county or independent school system, commission, board, or public authority or which has been purchased or leased by any public official or public employee with public funds shall have affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying such governmental entity.
(b)
The requirements of subsection (a) of this Code section shall not apply to:
(1)
Any vehicle used for law enforcement or prosecution purposes; or
(2)
Any vehicle owned or leased by a county, municipality, or public housing authority expressly excepted from the provisions of this Code section by ordinance or resolution adopted by the governing authority of a county, municipality, or public housing authority following a public hearing on the subject held no more than 14 days prior to the adoption of the resolution or ordinance. Any such public hearing shall be advertised one time in the legal organ of the county at least seven days prior to the hearing date. Any such exemption under this paragraph shall be for a period of no more than 12 months at a time and may be renewed annually following a public hearing as required by this paragraph and advertisement as required by this paragraph.
Amended by 2008 Ga. Laws 436,§ 16, eff. 7/1/2009.
Amended by 2001 Ga. Laws 327, § 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 80 - GENERAL PROVISIONS (§§ 36-80-1 — 36-80-31) › Section 36-80-22 - Definitions; restrictions; requirements

(a)
As used in this Code section, the term:
(1)
"Agreement" means any written private contract for solid waste collection services between a firm and any commercial client.
(2)
"Commercial client" means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services.
(3)
"Displacement" means the displacing of any firm's agreement by annexation, deannexation, or incorporation of a municipality.
(4)
"Firm" means a private solid waste collection firm.
(5)
"Governmental action" means the invalidation of any firm's existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation is not enacted pursuant to an emergency as declared by the governing authority of the local government.
(6)
"Local government" means a county, municipal corporation, or any county-municipal consolidated government.
(b)
Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement.
(c)
A firm's agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm.
(d)
Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client.
Added by 2008 Ga. Laws 759,§ 1, eff. 5/14/2008.