Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-42-2 Legislative purpose
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The revitalization and redevelopment of the central business districts of the municipal corporations of this state develop and promote for the public good and general welfare trade, commerce, industry, and employment opportunities and promote the general welfare of this state by …
O.C.G.A. § 36-42-3 Definitions
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As used in this chapter, the term: (1) ‘‘Authority’’ means each public body corporate and politic created pursuant to this chapter. (2) ‘‘Cost of the project’’ or ‘‘cost of any project’’ means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, as…
O.C.G.A. § 36-42-4 Creation of authorities; appointment and terms of directors; quorum
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There is created in and for each municipal corporation in this state a public body corporate and politic to be known as the downtown development authority of such municipal corporation, which shall consist of a board of seven directors. The governing body of the municipal corpora…
O.C.G.A. § 36-42-6 Action by resolution subsequent to activating authority
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The governing body of the municipal corporation may, by proper resolution adopted subsequent to its resolution activating its authority: 799 36-42-7 (1) Change its designation of the downtown development area to a geographical area within the municipal corporation which, in the j…
O.C.G.A. § 36-42-8 Powers of authorities generally
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(a) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corpo…
O.C.G.A. § 36-42-8.1 Eminent domain by municipality or authority
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Repealed by Ga. L. 2006, p. 39, § 20/HB 1313, effective April 4, 2006. Editor’s notes. — This Code section was based on Code 1981, § 36-42-8.1, enacted by Ga. L. 1992, p. 2533, § 4. Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the repeal o…
O.C.G.A. § 36-42-9 Revenue bonds generally
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(a) Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property (including, but not limited to, real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise en…
O.C.G.A. § 36-43-1 Short title
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This chapter shall be known and may be cited as the ‘‘City Business Improvement District Act.’’ History. — Ga. L. 1981, p. 4531, § 1. 36-43-2. Legislative purpose.
O.C.G.A. § 36-43-2 Legislative purpose
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The General Assembly finds that many business districts within large cities in this state are in an economically depressed condition and that this condition adversely affects the economic and general well-being of the people of such large cities of the state. It is further found …
O.C.G.A. § 36-43-3 Definitions
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As used in this chapter, the term: (1) ‘‘District’’ means a city business improvement district established pursuant to this chapter. (2) ‘‘District plan’’ or ‘‘plan’’ means a proposal adopted by ordinance which includes all of the following: (A) A map of the district; (B) A descr…
O.C.G.A. § 36-43-4 Powers of municipalities with respect to districts generally
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Upon the establishment of any city business improvement district pursuant to this chapter, the governing authority of any municipality to which this chapter is applicable shall have authority to exercise the following powers with respect to each such district, subject to this cha…
O.C.G.A. § 36-43-5 Adoption of district plan
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The governing authority of any municipality to which this chapter is applicable may create city business improvement districts by the adoption of district plans, as follows: (1) No such plan may be adopted except upon a written petition signed and acknowledged by either: (A) At l…
O.C.G.A. § 36-43-6 Financing of districts
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The expense incurred in the provision of supplemental services within a district shall be financed in accordance with the district plan upon which the establishment or extension of the district was based, provided that the cost of supplemental services shall not include the cost …
O.C.G.A. § 36-43-7 Segregation of funds
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No charges assessed and collected by a municipality pursuant to this chapter shall be spent for any purpose not authorized by the district plan of the district where such charges were assessed and collected, except for such costs as may be attributed to the billing and collection…
O.C.G.A. § 36-43-8 Design and rehabilitation standards
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Upon the establishment of any district pursuant to this chapter, the governing authority of any municipality to which this chapter is applicable may mandate design and rehabilitation standards for buildings within districts if it finds that such standards are necessary to prevent…
O.C.G.A. § 36-43-9 Termination of districts
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Any district which is created or renewed pursuant to Code Section 36-43-5 shall terminate and cease to exist on a date specific no less than 815 36-43-9 five years and no more than ten years from the date of its creation or renewal by ordinance. History. — Ga. L. 1981, p. 4531, §…
O.C.G.A. § 36-44-1 Short title
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This chapter shall be known and may be cited as the ‘‘Redevelopment Powers Law.’’ 817 History. — Code 1981, § 36-44-1, enacted by Ga. L. 2009, p. 158, § 2/HB 63. 36-44-3
O.C.G.A. § 36-44-11 Positive tax allocation increments
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(a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation…
O.C.G.A. § 36-44-12 Termination of tax allocation districts
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The existence of a tax allocation district shall terminate when the local legislative body, by resolution, dissolves the district, but no such resolution may be adopted until all redevelopment costs have been paid. History. — Code 1981, § 36-44-12, enacted by Ga. L. 2009, p. 158,…
O.C.G.A. § 36-44-13 Payment of redevelopment costs
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Payment of redevelopment costs may be made by any of the following methods or any combination thereof: (1) Payment by the political subdivision from the special fund of the tax allocation district; (2) Payment from the general funds of a political subdivision subject to the limit…
O.C.G.A. § 36-44-16 Loans for financing redevelopment costs
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As an additional source for financing redevelopment costs, a political subdivision or its redevelopment agency may borrow funds from financial institutions and, in connection therewith, may pledge or assign lease contracts or revenue received from lease contracts on property owne…
O.C.G.A. § 36-44-17 Limitation on creation of tax allocation district
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No political subdivision may create a tax allocation district when the total current taxable value of property subject to ad valorem property taxes within the proposed district plus the total current taxable value of property subject to ad valorem property taxes within all its ex…
O.C.G.A. § 36-44-18 Application of Urban Redevelopment Law
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It is specifically provided that Code Section 36-61-16 of the ‘‘Urban Redevelopment Law,’’ which Code section provides for cooperation among public bodies for redevelopment purposes under said law, shall be applicable to the exercise of redevelopment powers provided by this chapt…
O.C.G.A. § 36-44-19 Contracting with private individuals or entities
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A political subdivision may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such contracts may include, without being limited…
O.C.G.A. § 36-44-2 Legislative findings and purpose
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It is found and declared that economically and socially depressed areas exist within counties and municipalities of this state and that these areas contribute to or cause unemployment, limit the tax resources of counties and municipalities, and create a greater demand for governm…
O.C.G.A. § 36-44-20 Requirement of insufficiency
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(a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derive…
O.C.G.A. § 36-44-23 Cumulative and supplemental powers
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The powers provided by this chapter are intended by the General Assembly to be cumulative and supplemental to any powers heretofore provided by law for counties, municipalities, and consolidated governments of this state and not in lieu of any such heretofore existing powers. His…
O.C.G.A. § 36-44-3 Definitions
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As used in this chapter, the term: (1) ‘‘Ad valorem property taxes’’ means all ad valorem property taxes levied by each political subdivision and each county and independent board of education consenting to the inclusion of that board of education’s property taxes as being applic…
O.C.G.A. § 36-44-5 Power of political subdivision
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(a) Subject to the limitation of subsection (b) of this Code section, a political subdivision may exercise any powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the power to: (1) Describe the boundaries of one or more redevel…
O.C.G.A. § 36-44-6 Delegation of powers; limitations on delegation
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(a) Subject to the limitations of subsection (b) of this Code section, the local legislative body of a political subdivision, by resolution, may delegate any of its redevelopment powers to its redevelopment agency created or designated pursuant to Code Section 36-44-4. The local …
O.C.G.A. § 36-44-7 Approval of redevelopment plans
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(a) A redevelopment plan may be proposed by the redevelopment agency of a political subdivision, but such plan may not be implemented until it is approved by the adoption of a resolution of the local legislative body of the political subdivision as provided in this chapter. (b) W…
O.C.G.A. § 36-44-8 Creation and implementation of tax allocation districts
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In order to create and carry out the purposes of a tax allocation district, the following steps are required: (1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision o…
O.C.G.A. § 36-44-9 Computing tax allocation increments; property tax included; use of tax funds
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(a) When a tax allocation district is created within the area of operation of a municipality by the local legislative body of such municipality, property taxes for computing tax allocation increments shall be based on all ad valorem property taxes levied by the municipality. If t…
O.C.G.A. § 36-45-1 Short title
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This article shall be known and may be cited as the ‘‘Georgia Municipal Training Act.’’ History. — Code 1981, § 36-45-1, enacted by Ga. L. 1990, p. 1642, § 2; Ga. L. 2004, p. 983, § 1.
O.C.G.A. § 36-45-2 Legislative findings and intent
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The General Assembly finds and declares that it is in the best interests of the citizens of this state to require newly elected members of a municipal governing authority to attend a course of training and education on matters pertaining to the administration and operation of mun…
O.C.G.A. § 36-45-20 Training course
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(a) For purposes of this article, the term ‘‘clerk of the governing authority of a municipality’’ means an individual holding the office of city clerk pursuant to a municipal charter and who is normally employed in that capacity for 40 hours per week. (b) Any person hired or appo…
O.C.G.A. § 36-45-3 Definitions
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As used in this article, the term: (1) ‘‘Institute’’ means the Harold F. Holtz Municipal Training Institute. (2) ‘‘Municipal governing authority’’ means the governing authority of a municipal corporation. (3) ‘‘State’’ means the State of Georgia and any department, board, bureau,…
O.C.G.A. § 36-45-5 Harold F
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Holtz Municipal Training Institute. (a) There is created and established the Harold F. Holtz Municipal Training Institute. Except as otherwise provided in Code Sections 36-45-4 and 36-45-20, all costs of operating and conducting the institute shall be paid for from public funds a…
O.C.G.A. § 36-45-9 Report on accomplishments of institute
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On or before February 1 of each year, the Vinson Institute shall file a report to the Governor, the chairperson of the Senate State and Local Governmental Operations Committee, and the chairperson of the House Committee on State Planning and Community Affairs. The report shall in…
O.C.G.A. § 36-60-13 Multiyear lease, purchase, or lease-purchase contracts
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(a) Each county or municipality in this state shall be authorized to enter into multiyear lease, purchase, or lease-purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall c…
O.C.G.A. § 36-60-14 Authority to enter into certain one-year, or less, contracts; exception
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The governing body of each county or municipal corporation of this state is authorized to enter into one year, or less, contracts with private nonprofit organizations which are exempt from federal income taxes pursuant to Section 501(c)(3) or 501(c)(6) of the Internal Revenue Cod…
O.C.G.A. § 36-60-15.1 Operation and maintenance of water treatment systems by private entities
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Notwithstanding any other provision of law to the contrary, any county or municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporatio…
O.C.G.A. § 36-60-16 Separate approval of municipal and county consolidation by referendum
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No municipal and county consolidation shall become effective unless such consolidation is separately approved by a majority of the qualified voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located withi…
O.C.G.A. § 36-60-17.2 Limited exemption from storm water fees
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Land located within a railroad’s right of way and covered with ballast and rail shall be exempt from any fees imposed by any county or municipality for the management, collection, or disposal of storm water; provided, however, that railroad stations, maintenance buildings, or oth…
O.C.G.A. § 36-60-2 Editor’s notes
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— Ga. L. 1990, p. 412, § 1, effective March 30, 1990, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 12-8-20 through 12-8-45 and was based on Ga. L. 1972, p. 1002, §§ 1-20; Ga. L. 1973, p.…
O.C.G.A. § 36-60-22 Rock quarry operations prohibited under certain circumstances
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Any other provision of law to the contrary notwithstanding, if the director of the Environmental Protection Division of the Department of Natural Resources determines after a scientific analysis that such a quarry location has significant adverse impact on the water system, no pe…
O.C.G.A. § 36-60-23 Volunteer firefighters for counties and municipalities
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(a) As used in this Code section, the term ‘‘volunteer firefighter’’ means a person who is a volunteer firefighter, as defined in Code Section 47-7-1, relating to definitions regarding the Georgia Firefighters’ Pension Fund, and who receives no compensation for services as a volu…
O.C.G.A. § 36-60-24 Sale or use or ignition of consumer fireworks products
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(a) The governing authority of a county or municipal corporation shall not prohibit the sale or use or ignition of consumer fireworks or other products or services which are lawful under Chapter 10 of Title 25, unless such prohibition is expressly authorized by general law. (b) I…
O.C.G.A. § 36-60-5 Installation of road grates to accommodate bicycles
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After July 1, 1978, each county and municipal corporation shall install all newly located grates upon any public roadway so as to accommodate bicycles traveling on the public road parallel to the lane of travel of vehicles proceeding over such roadways, except that this Code sect…
O.C.G.A. § 36-61-1 Short title
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This chapter shall be known and may be cited as the ‘‘Urban Redevelopment Law.’’ History. — Ga. L. 1955, p. 354, § 1. Editor’s notes. — Ga. 1976, p. 946, § 4, not codified by the General Assembly, provides that all powers, privileges, duties, or immunities now or heretofore grant…