Title 32 — Title 32
0 chapters · 215 sections in this title.
O.C.G.A. § 32-4-114 Required letting of contracts by public bid
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Except as authorized by Code Section 32-4-113, all contracts shall be let by public bid. History. — Code 1933, § 95A-835, enacted by Ga. L. 1973, p. 947, § 1.
O.C.G.A. § 32-4-115 Advertising for bids
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(a) Notwithstanding any provision of Code Section 36-39-10 to the contrary, on all contracts to be let by public bid a municipality shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week in such newspapers wherei…
O.C.G.A. § 32-4-116 Payment by bidder to cover costs
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A municipality may require each bidder to pay a reasonable sum sufficient to cover the cost to the municipality, where applicable, of the bid proposal form, the contract, and its specifications. History. — Code 1933, § 95A-837, enacted by Ga. L. 1973, p. 947, § 1. 32-4-117. Propo…
O.C.G.A. § 32-4-117 Proposal guaranty by bidder
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(a) A municipality may require that each bid on a particular contract, as a prerequisite to the bid being considered, be accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the municipality for an amount deemed by the munici…
O.C.G.A. § 32-4-119 Bonds of successful bidder
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Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, where the contract price is $5,000.00 or more, no construction contract of a municipality, other than a contract solely for engineering or other professional services, shall be valid unless the contractor fi…
O.C.G.A. § 32-4-120 Failure to take bonds; liability of municipality
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If the payment bond required by Code Section 32-4-119 is not taken, the municipality then shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Part 4 of Article 3 of 190 32-4-120 STATE, COUNTY, AND MUNICIPAL ROADS 32-4-123 Chapter 91 of Titl…
O.C.G.A. § 32-4-121 Failure of successful bidder to sign contract or furnish bonds
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If the successful bidder fails to sign the contract or furnish the bonds required under authority of Code Section 32-4-119, his proposal guaranty, if one had been required by the municipality, will become the property of the municipality as liquidated damages. The contract then m…
O.C.G.A. § 32-4-122 Oath by successful bidder
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A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section 36-91-22, stating that he has not violated such Code section which makes it unlawful to restrict competitive bidding. History. — Code 1933, § 95A-843, enac…
O.C.G.A. § 32-4-123 Other laws applicable to part
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Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part. History. — Code 1933, § 95A-844, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 16; Ga. L. 2001, p. 820, § 10. 191 T.32, C.5 HIGHWAYS, BRIDGES, AND FERRIES 32-5-1 C…
O.C.G.A. § 32-4-2 Official map, list, and records; rules and regulations
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(a)(1) The department shall prepare an official map showing all public roads on the state highway system. Changes to the state highway system shall be recorded on this map as soon as is reasonably possible; and such map, as it is periodically revised, shall be filed with the Secr…
O.C.G.A. § 32-4-20 Composition of state highway system
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The state highway system shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall be designated as a part of the state highway system unless it meets at least one of the following requ…
O.C.G.A. § 32-4-21 Designation of roads as part of state highway system
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Whenever the board, or the commissioner when the board is not in session, deems it necessary and in the public interest to have a new or existing public road designated as part of the state highway system, whether as additional mileage or as part of a substitution or relocation, …
O.C.G.A. § 32-4-22 Creation of Developmental Highway System
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(a) There is created as a part of the state highway system a system of public roads to be known as the Developmental Highway System which shall consist of the following road corridors (not in order of priority): (1) Appalachian; (2) The South Georgia Parkway; (3) U.S. 27; (4) U.S…
O.C.G.A. § 32-4-24 Alternative tourism routes; welcome centers authorized
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(a) The board shall designate as alternative tourism routes roads that are a part of the state highway system that traverse the state and pass through or in close proximity to historic sites or tourist attractions in the state. Interstate highways that traverse the state shall no…
O.C.G.A. § 32-4-3 Naming state roads, bridges, or interchanges
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No state agency shall name or rename any state road, bridge, interchange, or any part of a road in honor of, or with the name of, any person unless such action is approved by a joint resolution or Act of the General Assembly which is approved by the Governor or becomes law withou…
O.C.G.A. § 32-4-41 Duties
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The duties of a county with respect to its county road system, unless otherwise expressly limited by law, shall include but not be limited to the following: (1) A county shall plan, designate, improve, manage, control, construct, and maintain an adequate county road system and sh…
O.C.G.A. § 32-4-42 Powers
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The powers of a county with respect to its county road system, unless otherwise expressly limited by law, shall include but not be limited to the following: (1) A county shall have the authority to negotiate, let, and enter into contracts with any person or any agency, county, or…
O.C.G.A. § 32-4-62 Classification of public roads
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Official map, list, and records; rules and regulations. Naming state roads, bridges, or interchanges. Abandonment of utility facilitles containing asbestos pipe. State Highway System 32-4-21. 32-4-22. 32-4-23. 32-4-24. 32-4-64. 32-4-65. 32-4-66. Article 2 32-4-20. 32-4-63. Compos…
O.C.G.A. § 32-4-64 Required letting of contracts by public bid
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Except as authorized by Code Section 32-4-63, all contracts shall be let by public bid. History. — Code 1933, § 95A-820, enacted by Ga. L. 1973, p. 947, § 1.
O.C.G.A. § 32-4-65 Advertising for bids
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(a) Notwithstanding any provision of Chapter 91 of Title 36 and of any other provision of law to the contrary, on all contracts to be let by public bid a county shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a w…
O.C.G.A. § 32-4-66 Payment by bidder to cover costs
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A county may require each bidder to pay a reasonable sum sufficient to cover the cost to the county, where applicable, of the bid proposal form, the contract, and its specifications. History. — Code 1933, § 95A-822, enacted by Ga. L. 1973, p. 947, § 1. 32-4-67. Proposal guaranty …
O.C.G.A. § 32-4-67 Proposal guaranty by bidder
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(a) No bid, other than a bid solely for engineering or other kinds of professional services, will be considered by a county unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the county for an amount deemed by …
O.C.G.A. § 32-4-69 Bonds of successful bidder generally
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Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, when the price of a contract let to bid, other than a contract solely for engineering or other kinds of professional services, is $5,000.00 or more, no contract of a county shall be valid unless the contract…
O.C.G.A. § 32-4-70 Bridge repair bonds
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(a) As used in this Code section, the term ‘‘bridge’’ shall include the approaches to such bridge within 50 feet of either end except when the bridge itself measures 100 feet or more, in which case the term ‘‘bridge’’ shall include the approaches within 100 feet of either end of …
O.C.G.A. § 32-4-71 Failure to take bonds; liability of county
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(a) If the payment bond required by paragraph (2) of Code Section 32-4-69 is not taken, the county shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure …
O.C.G.A. § 32-4-73 Oath by successful bidder
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A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section 36-91-21, stating that he or she has not violated such Code section, which makes it unlawful to restrict competitive bidding. History. — Code 1933, § 95A-8…
O.C.G.A. § 32-4-74 Applicability of other laws to this part
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Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part. History. — Code 1933, § 95A-830, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 14; Ga. L. 2001, p. 4, § 32; Ga. L. 2001, p. 820, § 7.
O.C.G.A. § 32-4-90 Acquisition of rights of way
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Acquisition of rights of way for public roads on the state highway system located within the corporate limits of a municipality shall be made in compliance with subsection (e) of Code Section 32-3-3 and Code Section 32-5-25. History. — Code 1933, § 95A-501, enacted by Ga. L. 1973…
O.C.G.A. § 32-4-92 Powers
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(a) The powers of a municipality with respect to its municipal street system, unless otherwise expressly limited by law, shall include but not be limited to the following: (1) Subject to the limitations of subparagraph (d)(1)(A) of Code Section 32-2-61, a municipality has the aut…
O.C.G.A. § 32-4-93 Liability of municipalities for defects in public roads
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(a) A municipality is relieved of any and all liability resulting from or occasioned by defects in the public roads of its municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual notice thereof or when such defect ha…
O.C.G.A. § 32-4-94 Standards for construction of curb ramps
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(a) The standard for construction of curbs on each side of any municipal street or of any connecting street or road for which curbs have been prescribed by the governing body of the municipal corporation having jurisdiction thereover shall be not less than one ramp per lineal blo…
O.C.G.A. § 32-5-2 Appropriation of funds to department
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All federal funds received by the state treasurer under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority.…
O.C.G.A. § 32-5-21 Priority of expenditures from fund
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Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the following order: (1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Ge…
O.C.G.A. § 32-5-22 Other expenditures from fund
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Expenditures from the State Public Transportation Fund may be made, under such conditions as the department may provide, for streets, driveways, and parking areas located upon the property of and serving: (1) Public schools; (2) Colleges of the university system; (3) State agenci…
O.C.G.A. § 32-5-23 Limitations on expenditures from fund
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Notwithstanding Code Section 32-5-22 and except as expressly authorized elsewhere in this title, no funds from the State Public Transportation Fund shall be expended for the construction or maintenance of: 195 32-5-23 HIGHWAYS, BRIDGES, AND FERRIES 32-5-25 (1) Private driveways, …
O.C.G.A. § 32-5-25 Use of fund in regard to acquisition of rights of way
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Whenever property is acquired under subsection (e) of Code Section 32-3-3, all expenses of the acquisition thereof, including the purchase price and all direct and consequential damages awarded in any proceeding brought to condemn any such right of way, shall be paid by the count…
O.C.G.A. § 32-5-27 Allocation formula development and implementation
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(a) The Planning Division of the department and the director of planning shall develop an allocation formula for: (1) A state-wide transportation asset management program; (2) A state-wide transportation asset improvement program; and (3) A local maintenance and improvement grant…
O.C.G.A. § 32-5-27.1 Ten-Year Strategic Plan
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(a) In addition to the requirements contained in Code Section 32-5-27, the department shall annually prepare and submit to the General Assembly, for approval by the Senate Transportation Committee and the House Committee on Transportation, a ten-year strategic plan that outlines …
O.C.G.A. § 32-6-1 Obstructing, encroaching on, or injuring public roads
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(a) It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. For purposes of this Code section, the term ‘‘obstruct’’ shall include without limitation the causing of any buildup of ro…
O.C.G.A. § 32-6-112 Acquisition of property and property rights
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The department, a county, or a municipality may acquire private property and property rights for limited-access facilities and service roads, including rights of access, of view, of air, and of light through gift, devise, purchase, or condemnation in the same manner as such gover…
O.C.G.A. § 32-6-113 Design of limited-access roads
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Limited-access roads may be so designed as to regulate, restrict, or prohibit access thereto so as to best serve the traffic for which such facility is intended. The authority designating and establishing any limited-access road is authorized to divide and separate such highway i…
O.C.G.A. § 32-6-117 Lease of air rights
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The department is authorized to lease by negotiation air rights over existing or proposed limited-access highways for development as commercial enterprises or activities. Prior to entering into any negotiations for the lease of such air rights, the department shall advertise its …
O.C.G.A. § 32-6-118 Establishment, maintenance, and disposal of local service roads
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In connection with the development of any limited-access facility, the department, a county, or a municipality is authorized to plan, designate, establish, use, regulate, alter, improve, maintain, abandon, and dispose of local service roads or streets or to designate as local ser…
O.C.G.A. § 32-6-132 Change or substitution of existing commercial driveways
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Any commercial driveway constructed prior to July 1, 1973, and adjudged by the department to be unsafe for the traveling public or in violation of department regulations promulgated pursuant to Code Section 32-6-133 may be changed or caused to be changed by the department so as t…
O.C.G.A. § 32-6-154 Effect of part on requirement as to commercial driveway permit
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Nothing in this part shall dispense with the requirement of obtaining a commercial driveway permit as set forth in Part 1 of this article. History. — Code 1933, § 95A-952, enacted by Ga. L. 1973, p. 947, § 1. 316 T.32, C.6, A.6 REGULATION OF MAINTENANCE AND USE 32-6-170 ARTICLE 6…
O.C.G.A. § 32-6-174 Promulgation of regulations by department
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The department may promulgate reasonable regulations governing the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks, traffic and other such signals, and other equipment and appliances of any …
O.C.G.A. § 32-6-175 Right to injunctive relief
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The department, the county or municipality, or the railroad or utility concerned may petition for an injunction to enforce the performance of 324 32-6-190 any duty or act imposed by this article or for an order to restrain the breach of any duty or the commission of any act impos…
O.C.G.A. § 32-6-190 Duty to maintain grade crossings
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Any railroad whose track or tracks cross a public road at grade shall have a duty to maintain such grade crossings in such condition as to permit the safe and reasonable passage of public traffic. Such duty of maintenance shall include that portion of the public road lying betwee…
O.C.G.A. § 32-6-193.1 Elimination of grade crossings by physical removal; procedures
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32-6-194. Procedure for grade crossing elimination. 32-6-195. Division of costs of grade crossing elimination projects. 32-6-196. Temporary use of railroad rights of way during construction or maintenance of grade separation structures or grade crossing or protective devices. 32-…
O.C.G.A. § 32-6-194 Procedure for grade crossing elimination
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(a) Whenever the department, a county, or a municipality shall decide to eliminate any grade crossing on its respective public road system by means of an underpass or overpass, prompt notice of such decision shall be given to the railroad or railroads involved; and within 30 days…