Title 36 — Title 36

Legislative declaration of policy. Definitions. Authorization of annexation generally. Standards and requirements for area proposed to be annexed. Determination of compliance with standards and requirements; review of determination by superior court. Plans and report for extensio…

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. History. — Ga…

No annexation shall invalidate any utility service agreement between a county and an annexing municipality in effect on July 1, 1992, except by mutual written consent. History. — Code 1981, § 36-36-8, enacted by Ga. L. 1992, p. 2592, § 3.

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 w…

Area included in determining aggregate external boundary. Annexation of unincorporated islands; procedures; provision of municipal services. Article 7 Procedure for Resolving Annexation Disputes 36-36-110. Applicability.

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 …

(a)(1) Except as otherwise provided in subsections (b) through (j) of this Code section, the governing authority of any municipal corporation disposing of any real or personal property of such municipal corporation shall make all such sales to the highest responsible bidder, eith…

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 fu…

36-38-22. Issuance and exchange of bonds; contractual effect of ordinance. 36-38-23. Sinking funds for redemption of new bonds; appointment of commission to manage fund; contractual effect of ordinance. ARTICLE 1 GENERAL PROVISIONS 36-38-1. Investment of funds acquired by tax lev…

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. History. — Ga. L. 1910, p. 100, § 5; Code 1933, § 87-705.

As used in this chapter, the term: (1) ‘‘Frontage’’ means that side or limit of the lot or parcel of land in question which abuts on the improvement. (2) ‘‘Governing body’’ means the mayor and council, board of aldermen, board of commissioners, or other chief legislative body of …

The notice of the proposals specified in Code Section 36-39-8 shall be published in at least six consecutive issues of a daily paper or at least two issues of a weekly paper having a general circulation in the municipal corporation. The notice shall state the street or streets to…

Within 30 days from the date of the resolution appointing the board of appraisers, such board shall file with the clerk of the municipal corporation a written report of the appraisal and the assessment and cost upon the several lots and tracts of land abutting on such street, as …

Adoption of chapter; election; effect of adoption of chapter generally. Procedure for improvements; adoption and publication of resolution; filing of petition by landowners; objections to improvements. Basis of assessments for improvements; municipal corporation owner of intersec…

Assessment in conformity to the appraisal and apportionment as confirmed by the municipal corporation shall be payable to the treasurer of the municipal corporation in cash. If paid within 30 days from the date of the passage of the ordinance, such assessment shall be without int…

If the owner of the land or of any street railway assessed, within 30 days from the passage of the ordinance making the assessment final, files with the clerk of the municipal corporation his written request asking that the assessments be payable in installments in accordance 742…

If any assessment is found to be invalid or insufficient in whole or in part for any reason whatsoever, the governing body may at any time, in the manner provided for the making of an original assessment, proceed to cause a new assessment to be made and fixed. The new assessment …

The assessment and each installment thereof, along with the interest thereon and the expense of collection, are declared to be a lien against the lots and tracts of land so assessed, from the date of the ordinance levying the same, coequal with the lien of other taxes and prior t…

No action shall be sustained (1) to set aside any assessment, (2) to enjoin the governing body from making, fixing, or collecting the assessment or issuing or levying executions therefor or issuing bonds or providing for their payment, or (3) contesting the validity thereof on an…

The governing body, after the expiration of 30 days from the passage of the ordinance confirming and levying the assessment, shall, by resolution, provide for the issuance of bonds in the aggregate amount of the assessments remaining unpaid, bearing date not more than 30 days aft…

The bonds shall be sold by the governing body at not less than par and the proceeds thereof shall be applied to the payment of the contract price and other expenses incurred pursuant to this chapter. Alternatively, such bonds in the amount that is necessary for the purpose may be…

36-39-30. Conduct of hearing; issuance of order by court. 36-39-31. Appeal from judgment of court.

At the time and place named or at such other time and place as the hearing may be adjourned to, any interested person shall be heard to show cause in writing, which writing shall be filed with the clerk, why the prayer of the petition should not be granted. The court shall hear a…

The municipal corporation or any person appearing who is dissatisfied with the judgment may appeal to the Court of Appeals, as provided in Title 5. History. — Ga. L. 1927, p. 321, § 16; Code 1933, § 69-431. 36-39-32. Conclusiveness of superior court’s final judgment.

If the final judgment of the superior court is in favor of the validity of the ordinance and of the liens claimed, the same shall forever be conclusive, and the matters so determined shall never thereafter be drawn in question in any court. History. — Ga. L. 1927, p. 321, § 16; C…

This chapter shall not be construed to repeal any special or local law or to affect any proceedings under such law for the making of improvements authorized in this chapter or for raising the funds therefor but shall be deemed to be additional and independent legislation for such…

Whenever the abutting landowners of any street of the municipal corporation petition the governing body as set out in subsection (b) of Code Section 36-39-3 or whenever the governing body passes the resolution provided for in subsection (a) of Code Section 36-39-3 for the improve…

Any railroad or street railway having tracks located in a street at the time of a proposed improvement shall be required by the governing body to pave the width of its tracks and two feet on each side thereof. Such paving shall be done with the same material and in the same manne…

(a) In addition to any grant to which any municipal corporation of this state is entitled under Article 2 of this chapter in any fiscal year, and any other law to the contrary notwithstanding, any such municipal corporation which owns and maintains from local revenues a public fa…

It is declared to be the purpose and intent of the General Assembly that state funds be made available to the governing bodies of certain municipal corporations of this state to be expended for any public purposes, except for the purpose of paying the salaries of elected municipa…

36-40-24. Computation of allocation of funds. 36-40-25. Payment and use of funds.

(a) To the extent that funds are made available by any law, for the purposes set out in Code Section 36-40-20, the Office of the State Treasurer is authorized and directed to grant such funds to the municipal corporations of this state, as defined in Code Section 36-40-21, on the…

Funds distributed under this article shall be paid to the municipal corporation in the name of the municipal treasurer or other official or officials authorized to receive municipal funds, as listed in the certificate required by Code Section 36-40-22. Funds granted under Code Se…

36-40-42. Certificate of eligibility for grant; submission; form; execution and attestation; penalty for signing false certificate. 36-40-43. When certificate to be filed; effect of failure to file certificate.

36-40-44. Computation of allocation of funds. 36-40-45. Payment and use of funds.

(a) To the extent that funds are made available by any law for the purposes set out in Code Section 36-40-41, the Office of the State Treasurer is authorized and directed to grant such funds to the municipal corporations of this state, as defined in Code Section 36-40-40, on the …

Funds distributed under this article by the Office of the State Treasurer shall be paid to the municipal corporation in the name of the municipal treasurer or other official or officials authorized to receive municipal funds, as listed in the certificate required by Code Section …

This chapter shall be known and may be cited as the ‘‘Urban Residential Finance Authorities Act for Large Municipalities.’’ History. — Ga. L. 1979, p. 4662, § 1. 36-41-2. Legislative findings and declaration of public necessity.

No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the state or any county, municipality, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the c…

As each authority will be performing essential governmental functions in the exercise of the powers conferred upon it by this chapter, the state covenants with the holders of the bonds of an authority that the authority shall be required to pay no taxes or assessments upon any of…

No authority shall compete with the Georgia Housing and Finance Authority to such an extent as to affect adversely the interests and rights of the holders of bonds issued by the Georgia Housing and Finance Authority. History. — Ga. L. 1979, p. 4662, § 12; Ga. L. 1991, p. 1653, § …

Each authority and each trustee acting on behalf of an authority shall submit to an annual independent audit performed by a qualified firm selected by the members of such authority. Payment for this audit shall be paid from any funds held by the trustee for the authority. 791 His…

It is found, determined, and declared: (1) That there exists within the large municipalities of the state a serious shortage of decent, safe, and sanitary housing which a significant portion of the persons and families residing or desiring to reside in such municipalities can aff…

As used in this chapter, the term: (1) ‘‘Authority’’ means any public corporation created by this chapter. (2) ‘‘Bonds’’ means any bonds, including refunding bonds, or any notes or other obligations authorized to be issued by an authority pursuant to this chapter. (3) ‘‘Eligible …

Legislative findings and declaration of public necessity. Definitions. Creation of authority; governing board; filing of resolutions with Secretary of State; filling of vacancies on board; officers; compensation of members of board; promulgation of rules and regulations. Powers o…

(a) With respect to the power to purchase mortgages or security interests or participations therein from lending institutions as set forth in subsection (a) of Code Section 36-41-5, each authority may purchase mortgages or security interests from lending institutions, which shall…

Each authority may pledge for the payment of its bonds such assets, funds, contract rights, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority shall be valid and binding from the time when the pledge is made…

This chapter may be referred to as the ‘‘Downtown Development Authorities Law.’’ History. — Ga. L. 1981, p. 1744, § 1.

This chapter shall not affect any other authority existing as of April 17, 1981, or thereafter under general or local constitutional amendment or under general or local law. History. — Ga. L. 1981, p. 1744, § 14. 36-42-15. Construction of chapter; applicability of the ‘‘Georgia U…

Pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia, municipalities may create one or more special districts within the area of operation of a downtown development authority for the purpose of levying and collecting taxes, fees, or assessm…