36-1-1. Names of counties.

The state is divided into 159 counties, whose boundaries and limits shall be ascertained by the several Acts laying off the same and those Acts amendatory thereof. The names of the counties are as follows: Appling, Atkinson, Bacon, Baker, Baldwin, Banks, Barrow, Bartow, Ben Hill, Berrien, Bibb, Bleckley, Brantley, Brooks, Bryan, Bulloch, Burke, Butts, Calhoun, Camden, Candler, Carroll, Catoosa, Charlton, Chatham, Chattahoochee, Chattooga, Cherokee, Clarke, Clay, Clayton, Clinch, Cobb, Coffee, Colquitt, Columbia, Cook, Coweta, Crawford, Crisp, Dade, Dawson, Decatur, DeKalb, Dodge, Dooly, Dougherty, Douglas, Early, Echols, Effingham, Elbert, Emanuel, Evans, Fannin, Fayette, Floyd, Forsyth, Franklin, Fulton, Gilmer, Glascock, Glynn, Gordon, Grady, Greene, Gwinnett, Habersham, Hall, Hancock, Haralson, Harris, Hart, Heard, Henry, Houston, Irwin, Jackson, Jasper, Jeff Davis, Jefferson, Jenkins, Johnson, Jones, Lamar, Lanier, Laurens, Lee, Liberty, Lincoln, Long, Lowndes, Lumpkin, Macon, Madison, Marion, McDuffie, McIntosh, Meriwether, Miller, Mitchell, Monroe, Montgomery, Morgan, Murray, Muscogee, Newton, Oconee, Oglethorpe, Paulding, Peach, Pickens, Pierce, Pike, Polk, Pulaski, Putnam, Quitman, Rabun, Randolph, Richmond, Rockdale, Schley, Screven, Seminole, Spalding, Stephens, Stewart, Sumter, Talbot, Taliaferro, Tattnall, Taylor, Telfair, Terrell, Thomas, Tift, Toombs, Towns, Treutlen, Troup, Turner, Twiggs, Union, Upson, Walker, Walton, Ware, Warren, Washington, Wayne, Webster, Wheeler, White, Whitfield, Wilcox, Wilkes, Wilkinson, and Worth.

(Orig. Code 1863, § 30; Code 1868, § 28; Code 1873, § 28; Code 1882, § 28; Civil Code 1895, § 29; Civil Code 1910, § 31; Code 1933, § 23-101.)

Cross references. - Limitation of number of counties to 159, Ga. Const. 1983, Art. IX, Sec. I, Para. II.

Prohibition of creation of new counties other than by consolidation or merger of existing counties, Ga. Const. 1983, Art. IX, Sec. I, Para. II.

Editor's notes. - For laws creating counties, changing county boundaries or names, or otherwise affecting counties, see the Local Laws Index of this Code.

36-1-2. Extent of jurisdiction of counties divided by water.

Whenever a stream of water is the boundary of a county, the jurisdiction of the county shall extend to the center of the main channel of the stream, provided that whenever a stream of water is the boundary of a county and such stream or a bank thereof is the boundary of the State of Georgia, the jurisdiction of the county shall extend to that point which is the boundary of the state.

(Orig. Code 1863, § 39; Code 1868, § 37; Code 1873, § 35; Code 1882, § 35; Civil Code 1895, § 30; Civil Code 1910, § 32; Code 1933, § 23-102; Ga. L. 1984, p. 131, § 1.)

Cross references. - Boundaries of counties generally, T. 36, C. 3.

Respective rights of owners of property divided by nonnavigable stream, § 44-8-2 .

Boundaries of state generally, T. 50, C. 2.

36-1-3. County a body corporate; power to sue and be sued generally.

Every county is a body corporate, with power to sue or be sued in any court.

(Orig. Code 1863, § 463; Code 1868, § 525; Code 1873, § 491; Code 1882, § 491; Civil Code 1895, § 340; Civil Code 1910, § 383; Code 1933, § 23-1501.)

Law reviews. - For article, "Quasi-Municipal Tort Liability in Georgia," see 6 Mercer L. Rev. 287 (1955). For article, "Actions for Wrongful Death in Georgia: Part Three and Four," see 21 Ga. B. J. 339 (1959). For note discussing governmental immunity from tort liability in Georgia, see 5 Ga. St. B. J. 494 (1969).

36-1-4. When county liable to be sued.

A county is not liable to suit for any cause of action unless made so by statute.

(Civil Code 1895, § 341; Civil Code 1910, § 384; Code 1933, § 23-1502.)

History of section. - This Code section is derived in part from the decisions in Hammond v. County of Richmond, 72 Ga. 188 (1883), and Smith v. Wilkes & McDuffie Counties, 79 Ga. 125 , 4 S.E. 20 (1887).

Law reviews. - For article, "Quasi-Municipal Tort Liability in Georgia," see 6 Mercer L. Rev. 287 (1955). For article, "Actions for Wrongful Death in Georgia: Parts Three and Four," see 21 Ga. B. J. 339 (1959). For article discussing necessity of liability insurance for Georgia counties and municipalities, and constitutional authority of the units to provide such insurance, see 25 Ga. B. J. 35 (1962). For article surveying tort liability insurance in Georgia local government law, see 24 Mercer L. Rev. 651 (1973). For article on insurance and indemnity for Georgia local government officers under Georgia law, see 13 Ga. L. Rev. 747 (1979). For survey article on local government law, see 34 Mercer L. Rev. 225 (1982). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B. J. 24 (1985). For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986). For article, "Georgia Local Government Tort Liability: The 'Crisis' Conundrum," see 2 Ga. St. U. L. Rev. 19 (1986). For article, "Georgia County Liability: Nuisance or Not?," see 43 Mercer L. Rev. 1 (1991). For article, "Local Government Tort Liability: The Summer of '92," see 9 Ga. St. U. L. Rev. 405 (1993). For note discussing governmental immunity from tort liability in Georgia, see 5 Ga. St. B. J. 494 (1969). For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims pursuant to Ga. Const. 1976, Art. VI, Sec. V, Para. I, see 27 Emory L.J. 717 (1978).

36-1-5. Service upon county.

In all cases in which a county is a party defendant, service shall be sufficient if perfected upon a majority of the commissioners, in those counties in which the affairs of the county are committed to a county commissioner or a board of county commissioners.

(Ga. L. 1872, p. 39, § 1; Code 1873, § 492; Code 1882, § 492; Civil Code 1895, § 342; Civil Code 1910, § 385; Code 1933, § 23-1503; Ga. L. 1987, p. 1482, § 4.)

Cross references. - Further provisions regarding service of process on counties, § 9-11-4(e)(5).

Editor's notes. - The directory language of Ga. L. 1987, p. 1482, § 4 provided "Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to the organization of county government, is amended . . . ." The Code section amended by Ga. L. 1987, p. 1482, § 4, however, is Code Section 36-1-5 which appears in this chapter. Ga. L. 1987, p. 1482, § 4 has been incorporated above as an amendment to this Code section.

Law reviews. - For article comparing sections of Ch. 11, T. 9, the Georgia Civil Practice Act, with preexisting provisions of the Georgia Code, see 3 Ga. St. B. J. 295 (1967).

36-1-6. Publication of annual financial statement; contents.

All boards of county commissioners, county commissioners, county managers, or other persons or bodies having charge of receipts and expenditures of county moneys shall publish a financial statement once each calendar year in the paper in which sheriff's advertisements are published in their respective counties. A copy of this statement shall also be posted twice each year for a period of not less than 30 days on the bulletin boards of the various county courthouses. The statement shall set forth the source of all income and a summary of all expenditures in a plain and simple manner that can be easily understood by all taxpaying citizens. The statement shall also contain a report of all money owed by the county, current bills excepted, of the number of tax delinquents, and the total amount of tax delinquency.

(Ga. L. 1952, p. 337, §§ 1, 2.)

36-1-7. Submission to grand jury of sworn returns of receipts and disbursements; approval or disapproval; appearance to explain errors; failure to make return.

1. The judges of the probate courts, county treasurers, clerks of the superior courts, and sheriffs of the various counties shall make a return, under oath, to the grand juries of their respective counties on the first day of each term of the superior court. The return shall set forth a just and true statement of the amount of money belonging to the county which was received by them and the source from which the money was received, along with their expenditures, accompanied by a copy of the most recent financial statement or annual audit of the financial affairs of the county offices subject to this Code section.
2. When the returns provided for in subsection (a) of this Code section have been made, the grand jury shall examine the same. If the returns are found to be correct, the grand jury shall endorse its approval thereon and attach the same to its general presentments, to be filed in the office of the clerk of the superior court. If the returns are found to be incorrect, the grand jury, through its foreman, shall return them to the officer making the same, shall plainly and distinctly set forth in writing the grounds of its disapproval, and shall require the officer to appear before the jury and explain the errors.
3. Should any officer fail or refuse to make the return required by subsection (a) of this Code section, the foreman of the grand jury shall immediately notify the presiding judge of such failure. The judge shall issue an order requiring the delinquent officer to come forward and make the return required or, in default thereof, to be attached for contempt.

   (Ga. L. 1876, p. 13, §§ 1-3; Code 1882, §§ 508a, 508b, 508c; Civil Code 1895, §§ 364, 365, 366; Civil Code 1910, §§ 413, 414, 415; Code 1933, §§ 23-1201, 23-1202, 23-1203; Ga. L. 1996, p. 842, § 1.)

Cross references. - Frequency with which grand jury must perform duties, § 15-12-71 .

Cross references. - Accounting for public funds generally, T. 45, C. 8.

36-1-8. Investment of certain tax proceeds in authorized bonds; registration of bonds.

1. The officer or officers charged with the administration of the fiscal affairs of the several counties and with the custody and control of such funds may invest all sums collected under the requirements of Article IX, Section V, Paragraph VI of the Constitution of this state, for the purpose of paying the principal of bonded indebtedness of such counties, which sums are not actually payable on the principal within 12 months from the date of collection thereof, in valid outstanding bonds of the county or some other county of the state which have been duly validated, or in valid outstanding bonds of this state or of the United States. Such officer or officers may keep the funds so invested in such bonds, with the privilege of changing the investment from the character of the bonds named to another from time to time as such officer or officers may direct until such time before the maturity of outstanding obligations as may be necessary to dispose of the bonds in order to meet such obligations at maturity.
2. Whenever and as soon as the sinking fund of any county has been invested in the manner specified in subsection (a) of this Code section, the officer or officers of the county charged with the administration of the fiscal affairs of the county shall proceed forthwith to have the securities in which such funds are so invested registered in the name of the county, provided the bonds by their terms under the conditions of their issue are capable of being registered in the name of the owner.

   (Ga. L. 1924, p. 86, §§ 1, 2; Code 1933, §§ 87-706, 87-707; Ga. L. 1983, p. 3, § 57.)

Law reviews. - For note discussing and comparing the prudent man rule and the legal list rule in trustee investment, see 15 Mercer L. Rev. 530 (1964).

36-1-9. Payment into county treasury.

Any county official, officer, or employee who is charged with the responsibility of collecting, receiving, or disbursing any fees, fines, forfeitures, costs, commissions, allowances, penalties, funds, or moneys, or any other emolument or perquisite for any other county official, officer, or employee who has been placed upon a salary payable from county funds in lieu of receiving such compensation, when provision has been made by law for such compensation to become the property of and payable to the county, may pay said funds directly into the county treasury upon their receipt.

(Ga. L. 1964, p. 337, § 1; Ga. L. 1969, p. 3655, § 1; Ga. L. 1971, p. 3563, § 1; Ga. L. 1982, p. 2107, § 30; Ga. L. 1992, p. 1219, § 1.)

36-1-10. Employment of accountant to examine books.

The county governing authority is authorized, whenever it deems it necessary to do so, to employ an expert accountant to examine and report on the books, vouchers, and accounts of any county officer whose duty it is under the law to handle county funds. The expert accountant may reside in the county in which he is to be employed or elsewhere.

(Ga. L. 1901, p. 57, § 1; Civil Code 1910, § 418; Code 1933, § 23-1301.)

Cross references. - Budgets and audits of counties and municipalities, T. 36, C. 81.

36-1-11. Additional temporary personnel and equipment for assistance of county officers or departments.

The governing authorities of the various counties shall have the authority to expend county funds for the purpose of employing such additional temporary personnel and providing such equipment and supplies as in their respective judgments shall be necessary and advisable, in order that such personnel and equipment might assist any county officer, official, or department in discharging his or its duties and responsibilities in an efficient and orderly fashion. Nothing contained within this Code section shall be construed so as to abrogate the authority of such officers and officials to select the personnel who shall be employed within their respective offices and departments.

(Ga. L. 1968, p. 447, § 1.)

36-1-11.1. Expenditure of funds for insurance and employment benefits.

1. The governing authority of any county is authorized to provide, and to expend county funds for the provision of, group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for members of the county governing authority and for elected county officers and the personnel thereof, as well as for the dependents and beneficiaries of such officials and personnel; provided, however, that no member of a county governing authority may become vested in the provision of any retirement or pension benefits authorized by this subsection until after the next general election in which said official stands for reelection.
2. Any prior expenditure of county funds in the manner authorized by this Code section is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section. (Code 1981, § 36-1-11.1 , enacted by Ga. L. 1989, p. 1284, § 1; Ga. L. 1995, p. 924, § 1; Ga. L. 1996, p. 1258, § 1.)

36-1-12. Courthouse to remain open during normal working hours.

It shall be the duty and responsibility of the governing authority of each county of this state to keep the county courthouse and the county offices maintained therein open during normal working hours for the transaction of the public's business. As used in this Code section, "normal working hours" means a minimum of 40 working hours during each calendar week, except for those weeks during which public and legal holidays, which are recognized and designated as such by Georgia law or by the governing authority of the county, are observed.

(Code 1933, § 23-103, enacted by Ga. L. 1976, p. 1522, § 1.)

Cross references. - Hours of operation of office of superior court clerk, § 15-6-93 .

36-1-13. Speculation in county orders by county officer.

Any public officer of any county in this state who buys up at a discount or in any manner speculates in what are known as "county orders," "jury scrip," or any other order or scrip which is to be paid out of any public fund of this state or of any county in this state shall be guilty of a misdemeanor and shall be removed from office.

(Ga. L. 1878-79, p. 79, § 1; Code 1882, § 4562g; Penal Code 1895, § 277; Penal Code 1910, § 281; Code 1933, §§ 23-9909, 23-1610.)

36-1-14. Interested transactions prohibited; removal from office for violation.

1. No county governing authority, any member thereof, or any other county officer authorized by law to use public or county funds for the purchase of goods or property of any kind for public or county purposes shall purchase such goods or property from any store in which such county governing authority, any member thereof, or other county officer is an employee, or in which he is directly or indirectly interested, or from any person or partnership of which he is a member or by whom he is employed, unless by sanction of the majority of the members of the county governing authority or unless it is made clearly to appear that such individual, partnership, or owner of the store offers and will sell the goods or property as cheaply as or cheaper than the same can be bought elsewhere.
2. Any county governing authority, any member thereof, or any county officer violating subsection (a) of this Code section shall be removed from office upon proper proceedings instituted by any taxpayer in the county. Any contract made in violation of subsection (a) of this Code section shall be illegal.

   (Ga. L. 1898, p. 105, §§ 1, 2; Ga. L. 1899, p. 68, § 1; Ga. L. 1901, p. 81, § 1; Civil Code 1910, §§ 393, 394; Code 1933, §§ 23-1713, 23-1714.)

Law reviews. - For article surveying important general legal principles of municipal and county government purchasing and contracting in Georgia, see 16 Mercer L. Rev. 371 (1965).

36-1-15. Prohibition, regulation, and taxation of fortunetelling and similar practices.

The county governing authority may by proper ordinance prohibit, regulate, or tax the practice of fortunetelling, phrenology, astrology, clairvoyance, palmistry, or other kindred practices, businesses, or professions where a charge is made or a donation accepted for the services and where the practice is carried on outside the corporate limits of the municipality. The tax, if any, which is imposed shall not exceed the sum of $1,000.00 per year. Such ordinances may prescribe the punishment to be imposed for violations, but such punishment shall not exceed imprisonment for 60 days or a fine of $500.00 or both. Prosecutions for violations shall be in the magistrate court of the county as provided in Chapter 10 of Title 15.

(Ga. L. 1953, Nov.-Dec. Sess., p. 311, § 1; Ga. L. 1984, p. 505, § 1.)

36-1-16. Garbage, trash, waste, or refuse not to be transported across state or county boundaries for dumping without permission; exemption.

1. No person, firm, corporation, or employee of any municipality shall transport, pursuant to a contract, whether oral or otherwise, garbage, trash, waste, or refuse across state or county boundaries for the purpose of dumping the same at a publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located and from the governing authority of the county in which the garbage, trash, waste, or refuse is collected.
2. Subsection (a) of this Code section shall not apply to the transportation of any material which is regulated pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," or Article 1 of Chapter 9 of Title 12, "The Georgia Air Quality Act."

   (Ga. L. 1971, p. 445, § 1; Ga. L. 1978, p. 1911, § 1; Ga. L. 1990, p. 1345, § 1; Ga. L. 1992, p. 918, § 3; Ga. L. 1993, p. 91, § 36.)

Cross references. - Solid waste handling, disposal, generally, T. 12, C. 8.

Law reviews. - For survey article on local government law, see 59 Mercer L. Rev. 285 (2007) and 60 Mercer L. Rev. 262 (2008). For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007) and 60 Mercer L. Rev. 457 (2008). For note on 1992 amendment of this Code section, see 9 Ga. St. U. L. Rev. 186 (1992).

36-1-17. Authority of county employees to issue citations for violation of ordinances and regulations in counties having population of 550,000 or more; jurisdiction; effect of failure to respond.

In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, any employee who is authorized to enforce any county code, ordinance, regulation, rule, or other order, including such related ordinances, codes, and regulations as drainage regulations, soil erosion and sedimentation control regulations, subdivision and zoning regulations, water and sewer regulations, and any other land development or construction regulations of such counties, shall have the authority to issue citations to any person who shall violate any such county code, ordinance, regulation, or order which shall be in effect in such counties. Such citations shall command the appearance of such person at a designated regular session of a court in such county having the jurisdiction of a commitment court throughout the entire county. At such time and place, the court shall act as a court of inquiry with all the powers and authorities specified in Article 2 of Chapter 7 of Title 17. In the event that any such person shall fail to appear in response to such citation, a warrant shall be issued for the arrest of the person for violation of such county code, ordinance, regulation, rule, or order without the necessity of any further action.

(Ga. L. 1981, p. 3261, § 1.)

36-1-18. Authority of counties having population of 550,000 or more to assess against cost of repairing streets as necessitated by private construction activity; liens.

1. In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, the county governing authority shall be empowered by ordinance or resolution to assess against any property the cost of reopening or repairing any public way, street, road, right of way, or highway, or the cost of cleaning up from any public way, street, road, right of way, or highway any debris, dirt, sediment, soil, trash, building materials, and other physical materials originating on such property, as a result of any private construction activity carried on by any developer, contractor, subcontractor, or owner of such property.
2. Any assessment authorized under subsection (a) of this Code section, as well as the interest thereon and the expense of collection, shall be a lien against the property so assessed coequal with the lien of other taxes and shall be enforced in the same manner as are state and county ad valorem property taxes by issuance of a fi. fa. and levy and sale as set forth in Title 48, the "Georgia Public Revenue Code."

   (Ga. L. 1981, p. 3259, §§ 1, 2.)

36-1-19. Appropriation for charitable grants or contributions in counties having population greater than 550,000; establishment of boards or councils to devise procedures and advise governing authority.

Reserved. Repealed by Ga. L. 1996, p. 1415, § 1, effective July 1, 1996.

Editor's notes. - This Code section was based on Ga. L. 1980, p. 3406, §§ 1, 2; Ga. L. 1982, p. 2107, § 31.

36-1-19.1. Appropriations for charitable grants or contributions in counties having population of 400,000 or more; boards or councils to establish procedures and advise governing authorities.

1. In all counties of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authorities of such counties are authorized to provide by ordinance for the appropriation of money for and the making of grants or contributions to any corporation, association, institution, or individual for purely charitable purposes, provided that the activities funded by any such grants or contributions shall take place within the county making such grant or contribution.
2. In connection with the appropriation of money for or the making of any grant or contribution for purely charitable purposes, the governing authority of any county within this state may establish such boards or councils as it may determine to establish the procedures by which such grants or contributions are made and to advise the governing authorities of such counties generally with respect to such grants or contributions.
3. Appropriations, grants, and contributions made pursuant to this Code section shall be in the form of contracts for services.
4. For the purpose of this Code section, "purely charitable purposes" shall mean charitable, benevolent, or philanthropic purposes for health, education, social welfare, arts and humanities, or environmental organizations.
5. No funds may be appropriated, granted, or contributed under this Code section for a purpose which is in violation of the laws of this state; provided, however, that this subsection shall not be interpreted to prohibit a good faith expenditure of funds for purposes authorized by law. (Code 1981, § 36-1-19.1 , enacted by Ga. L. 1996, p. 1415, § 2; Ga. L. 1999, p. 81, § 36.)

36-1-20. Ordinances for governing and policing of unincorporated areas of county.

1. The governing authority of each county, for the purpose of protecting and preserving the public health, safety, and welfare, is authorized to adopt ordinances for the governing and policing of the unincorporated areas of the county, violations of which ordinances may be punished by fine or imprisonment or both. Without limiting the generality of the foregoing, such ordinances may provide for traffic regulation, including adoption of the uniform rules of the road under Chapter 6 of Title 40, may provide for the regulation and control of litter in the same manner as municipal ordinances under Code Section 16-7-48, and may provide for the implementation and enforcement of any power or duty vested in the county governing authority.
2. Each such ordinance shall specify the maximum punishment which may be imposed for a violation of the ordinance; and in no case shall the maximum punishment for the violation of any such ordinance exceed a fine of $1,000.00 or imprisonment for 60 days or both; provided, however, that for violation of a pretreatment standard or requirement adopted pursuant to the federal Clean Water Act the ordinance may specify that the fine may be up to $1,000.00 per day for each violation by an industrial user.
3. Jurisdiction over violations of such county ordinances shall be in the magistrate court of the county; and procedure for enforcement of such ordinances shall be as provided in Article 4 of Chapter 10 of Title 15; provided, however, jurisdiction over ordinances having to do with traffic offenses shall be in the court or courts having jurisdiction over state traffic offenses.
4. This Code section shall not affect the jurisdiction of or procedure in any other court which has jurisdiction over violations of county ordinances. (Code 1981, § 36-1-20 , enacted by Ga. L. 1984, p. 1086, § 1; Ga. L. 1990, p. 1345, § 2; Ga. L. 1991, p. 993, § 1.)

36-1-21. Civil service system for county employees.

1. The governing authority of any county is authorized to provide by ordinance or resolution for the creation of a civil service system for employees of the county, other than elected officials or persons appointed to positions for specified terms.
2. Subsequent to the creation of a civil service system, the county governing authority which created the system may provide by ordinance or resolution that positions of employment within departments subject to the jurisdiction of elected county officers or subject to the jurisdiction of other commissions, boards, or bodies of the county shall be subject to and covered by the civil service system upon the written application of the elected county officer, commission, board, or body having the power of appointment, employment, or removal of employees of the officer, department, commission, board, or body. Once positions of employment are made subject to the civil service system, such positions shall not be removed thereafter from the coverage of the civil service system.
3. A civil service system created pursuant to the authority of this Code section shall be administered in such manner and pursuant to such rules and regulations as may be provided for by resolution or ordinance of the county governing authority which created the system.
4. 1. The powers granted to the governing authorities of counties by this Code section:
      1. Shall not supersede or replace any power granted by any local constitutional amendment to the General Assembly to provide by law for a civil service or merit system for any county;
      2. Shall not supersede or replace any law enacted by the General Assembly pursuant to the authority of a local constitutional amendment described in subparagraph (A) of this paragraph; and
      3. Shall be in addition to any power granted by local constitutional amendment directly to the governing authority of any county to provide by ordinance or resolution for a civil service or merit system for such county.
   2. As used in paragraph (1) of this subsection, the term "local constitutional amendment" means any constitutional amendment described in subparagraph (a) of Paragraph IV of Section I of Article XI of the Constitution of the State of Georgia which has been continued in force and effect pursuant to the authority of said subparagraph (a) of said cited constitutional provision and which has not been repealed pursuant to the authority of subparagraph (b) of said cited constitutional provision. (Code 1981, § 36-1-21 , enacted by Ga. L. 1986, p. 764, § 1; Ga. L. 1988, p. 1627, § 1; Ga. L. 2001, p. 4, § 36.)

Code Commission notes. - Ga. L. 1986, p. 764, § 1 and Ga. L. 1986, p. 1586, § 1 both enacted Code sections designated 36-1-21. The Code section enacted by the latter Act was redesignated as Code Section 36-1-22 [repealed] pursuant to Code Section 28-9-5.

Law reviews. - For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

36-1-22. Business and occupational license taxes and fees.

Reserved. Repealed by Ga. L. 1993, p. 1292, § 6, effective January 1, 1995.

Editor's notes. - This Code section was based on Code 1981, § 36-1-22 , enacted by Ga. L. 1986, p. 1586, § 1; Ga. L. 1987, p. 3, § 36; Ga. L. 1988, p. 1734, § 1; Ga. L. 1989, p. 14, § 36.

36-1-23. Purchase from county of materials used in the construction of water systems, sewer systems, storm and drainage systems, buildings, or other facilities.

1. No county shall require any person who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property.  Any county which sells such materials used in the construction of such facilities shall be required to publish the acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities.  In the construction of any such facility, the use by any person or other entity of materials which are not purchased from the county shall not render any such facility or project ineligible for acceptance as a public right of way or utility project if the materials used meet the acceptable standards published by the county.
2. Nothing in this Code section shall affect the authority of a county to enact building, construction, electrical, fire, or other codes which require materials used in the construction or repair of water systems, sewer systems, storm or drainage systems, buildings, or other facilities to meet or satisfy certain standards.
3. Any county officer or employee who, without sufficient cause, refuses to accept as a public right of way or utility project any water and sewer system or other facility constructed with acceptable materials not purchased from the county shall be guilty of a misdemeanor.
4. Upon the final conviction of any county officer or employee of violating subsection (c) of this Code section, the employment of such officer or employee by the county shall immediately be terminated. (Code 1981, § 36-1-23 , enacted by Ga. L. 1991, p. 1002, § 1; Ga. L. 1992, p. 3212, § 1.)

Editor's notes. - Former Code Section 36-1-23, pertaining to preservation and protection of abandoned or unmaintained cemeteries, was enacted by Ga. L. 1988, p. 318, § 1 and repealed by Ga. L. 1989, p. 14, § 36.

36-1-24. Training classes for clerks of governing authority of county.

1. Any person hired or appointed to serve as the clerk of the governing authority of any county in this state shall attend and complete a course of training on matters pertaining to the basic performance of his or her official duties.  Such training shall be conducted by the University of Georgia under the supervision of the Carl Vinson Institute of Government at such time and place as shall be determined by the Carl Vinson Institute of Government.
2. The personnel of the Carl Vinson Institute of Government are authorized to work with the members of the Association County Clerks of Georgia and the Association County Commissioners of Georgia in establishing and operating the training course provided for in subsection (a) of this Code section, as well as establishing the rules and regulations governing attendance of such training.
3. All reasonable expenses of attending the training class required by this Code section shall be paid from funds appropriated by the county governing authority for such purposes. (Code 1981, § 36-1-24 , enacted by Ga. L. 1990, p. 1689, § 1.)

36-1-25. Official minutes of meetings.

Official minutes of the meetings of a county governing authority shall be maintained in the offices of the county governing authority. Copies of contracts, maps, or similar material or documents related to actions taken by a county governing authority may be included in the minutes or incorporated by reference to an alternate location. Where incorporated by reference, such documents shall be stored in a central location or locations identified by ordinance or resolution of the county governing authority.

(Code 1981, § 36-1-25 , enacted by Ga. L. 1994, p. 662, § 1.)

36-1-26. Contracts for utility services; terms and conditions.

The governing authority of any county 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 county for electric, natural gas, or water utility services to be provided by the county to one or more of its utility customers. Any such contract shall be subject to the following conditions and limitations:

1. 1. Except as provided in subparagraph (B) of this paragraph, no such contract shall be for a term in excess of ten years.
   2. 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 county from its obligations under the contract in the event that the county's ability to comply with the contract is impaired by war, natural disaster, catastrophe, or any other emergency creating conditions under which the county's compliance with the contract would become impossible or create a substantial financial burden upon the county or its taxpayers. (Code 1981, § 36-1-26 , enacted by Ga. L. 1998, p. 1113, § 1; Ga. L. 2019, p. 605, § 1/SB 95.)

The 2019 amendment, effective July 1, 2019, rewrote paragraph (1), which read: "No such contract shall be for a term in excess of ten years;".

36-1-27. Referendum approval required prior to expenditure of public funds for establishment of fixed guideway transit; definitions; submission of the question to qualified voters; ballot language.

1. As used in this Code section, the term:
   1. "Expenditure of public funds" means:
      1. Utilizing the proceeds of any tax, proceeds from the county general fund, or any other county proceeds;
      2. Incurring general obligation debt, revenue debt, or other multiyear obligations; or
      3. Entering into any intergovernmental agreement with an authority or instrumentality of the state which would impact future tax revenue or obligate the payment of tax revenue, general obligation debt, revenue debt, or other multiyear obligations.
   2. "Fixed guideway transit" means a public transportation system using and occupying a permanent, separate right of way for the exclusive use of public transportation, including, but not limited to, rails for use by trains or a bus rapid transit system.
   3. "Mass transportation" means any mode of transportation serving the general public which is appropriate to transport people by highways or rail.
   4. "Mass transportation regional system participant" means any county within a special district created pursuant to Article 5 of Chapter 8 of Title 48 in which mass transportation is provided within such special district, to such special district, or from such special district by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Atlanta-region Transit Link "ATL" Authority or the Metropolitan Atlanta Rapid Transit Authority.
2. Prior to an expenditure of any public funds for the establishment, maintenance, and operation of a fixed guideway transit in any county that is a mass transportation regional system participant, the governing authority of such county shall obtain approval from:
   1. The Atlanta-region Transit Link "ATL" Authority that such project is on the regional transit plan adopted by such authority pursuant to Code Section 50-39-12; and
   2. A majority of qualified voters of the county in a separate referendum question as provided for in this Code section.
3. Prior to the issuance of the call for the referendum, the governing authority of the county that is a mass transportation regional system participant shall adopt a resolution which shall specify the type and location of a fixed guideway transit, the capital costs to establish such fixed guideway transit, the date upon which the capital costs to establish such fixed guideway transit shall be paid in full, and an estimate of the projected annual costs for maintenance and operation of such fixed guideway transit.
4. 1. Whenever the governing authority of any county that is a mass transportation regional system participant wishes to submit to the electors of such county the question of whether to expend public funds for a fixed guideway transit, any such governing authority shall notify the election superintendent of such county by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Such election shall be held with a general election, general primary election, or presidential preference primary. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of authorizing the expenditure of public funds for a fixed guideway transit to the voters of the county for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election along with a copy of the resolution adopted pursuant to subsection (c) of this Code section to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following:
   2. All persons desiring to vote in favor of the question shall vote "Yes," and all persons desiring to vote against the question shall vote "No." If more than one-half of the votes cast are in favor of the question, then the expenditure of public funds by such county for a fixed guideway transit shall be deemed approved; otherwise, such expenditures shall continue to be prohibited. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern general elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State. The expense of the election shall be borne by the county holding the election.
5. This Code section shall not apply to the extension of a fixed guideway transit or levy of applicable sales and use taxes authorized pursuant to an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, or Part 2 of Chapter 9 of Title 32 for which any referendum required under such Act or part shall control, or to any project within a county or between counties which have approved such sales and use tax, provided that such project is wholly within the territorial boundaries of such county or counties. (Code 1981, § 36-1-27 , enacted by Ga. L. 2016, p. 862, § 1/SB 420; Ga. L. 2018, p. 377, § 4-5/HB 930.)

"( ) YES Shall the expenditure of public funds for a ( ) NO fixed guideway transit within ____________ County be approved?"

The 2018 amendment, effective May 3, 2018, substituted "Atlanta-region Transit Link 'ATL' Authority" for "Georgia Regional Transportation Authority" near the end of paragraph (a)(4); substituted the present provisions of subsection (b) for the former provisions, which read: "Prior to an expenditure of any public funds for the establishment, maintenance, and operation of a fixed guideway transit in any county that is a mass transportation regional system participant, the governing authority of such county shall obtain approval from a majority of qualified voters of the county in a separate referendum question as provided for in this Code section."; and, in the middle of subsection (e), substituted "known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, or Part 2 of Chapter 9 of Title 32" for "approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,"', and inserted "or part". See Editor's notes for applicability.

Editor's notes. - Ga. L. 2018, p. 377, § 5-1(c)/HB 930, not codified by the General Assembly, provides that: "Tax, penalty, and interest liabilities for prior taxable years shall not be affected by the passage of Part I of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of Part I of this Act." Part I of this Act became effective January 1, 2019.

36-2-1. Division of county into militia districts.

1. Each county is divided into militia districts according to its territory and population.
2. Militia districts are to remain the same as presently organized until changed in the manner prescribed in this chapter.

   (Orig. Code 1863, §§ 453, 454; Code 1868, §§ 515, 516; Code 1873, §§ 481, 482; Code 1882, §§ 481, 482; Civil Code 1895, §§ 330, 331; Civil Code 1910, §§ 373, 374; Code 1933, §§ 23-201, 23-202.)

36-2-2. Minimum requirements for districts.

Each militia district organized or changed must contain within its limits at least 200 persons 18 years of age or over who are residents at the time of the organization of the district and, in its formation, must not leave any older district with less than 200 such persons.

(Orig. Code 1863, § 455; Code 1868, § 517; Code 1873, § 483; Code 1882, § 483; Civil Code 1895, § 332; Civil Code 1910, § 375; Code 1933, § 23-203; Ga. L. 1982, p. 825, § 1.)

Cross references. - Composition of unorganized militia of the state, § 38-2-3 .

36-2-3. Appointment of commissioners to change districts; employment and compensation of surveyor; approval of commissioners' report by judge of probate court.

Whenever it is necessary and expedient to lay out a new militia district, to change the lines of old districts, or to consolidate or abolish old districts, the judge of the probate court may, at any time, appoint three commissioners who are citizens of the district or districts from which it is proposed to make the new district or to change the lines thereof, whose duty it shall be to lay out and define the lines and to report the same to the judge of the probate court. The commissioners shall have authority to engage the services of a competent surveyor to assist them in their duties. The surveyor shall be paid for his services, out of the county treasury, the same compensation county surveyors are paid for similar services rendered to a citizen. If the judge of the probate court approves the report of the commissioners, he shall have all proceedings in the matter entered on his minutes, after which the district laid out or the line changed or defined shall be known and regarded accordingly.

(Laws 1840, Cobb's 1851 Digest, p. 187; Code 1863, §§ 456, 457, 458; Code 1868, §§ 518, 519, 520; Code 1873, §§ 484, 485, 486; Code 1882, §§ 484, 485, 486; Civil Code 1895, §§ 333, 334, 335; Civil Code 1910, §§ 376, 377, 378; Code 1933, §§ 23-204, 23-205, 23-206.)

Cross references. - Compensation of county surveyors, § 36-7-9 et seq.

36-2-4. Transmittal of proceedings changing districts to Governor; publication.

It is the duty of the judge of the probate court, when a new district is laid out, immediately to transmit to the Governor the proceedings in the matter, duly certified, from his minutes and to publish them for 30 days at the door of the courthouse and in the newspaper where he does his official advertising.

(Laws 1840, Cobb's 1851 Digest, p. 187; Code 1863, § 459; Code 1868, § 521; Code 1873, § 487; Code 1882, § 487; Civil Code 1895, § 336; Civil Code 1910, § 379; Code 1933, § 23-207.)

36-2-5 through 36-2-7.

Reserved. Repealed by Ga. L. 1983, p. 884, § 4-2, effective July 1, 1983.

Editor's notes. - These Code sections, relating to effect on justices of the peace, constables, and actions pending in justice's court in the old district and election of justices of the peace and constables in new districts upon addition, consolidation, and abolition of militia districts, were based on Orig. Code 1863, §§ 460 to 462; Code 1868, §§ 522 to 524; Code 1873, §§ 488 to 490; Code 1882, §§ 488 to 490; Code 1895, §§ 337 to 339; Ga. L. 1899, p. 24, § 1; Civil Code 1910, §§ 380 to 382; Code 1933, §§ 23-208 to 23-210; and Ga. L. 1981, Ex. Sess., p. 8.

36-3-1. Filing and contents of petition for change of boundary line; publication of notice.

Whenever one or more citizens of any county desire to have the boundary line of the county changed, they shall file in the offices of the judges of the probate courts of the counties to be affected a petition in writing, setting forth the exact character of the change desired to be made, specifying particularly the situation, direction, and existing marks and monuments, if any, of the original line, and describing particularly the direction, location, and length of the proposed new line, and setting forth the reasons for the change. The person or persons applying for the change shall also give notice of the intention to apply for the change by publishing the same for at least 30 days next preceding the term of the superior court or courts to be held in the counties to be affected, which term shall be that next occurring after the filing of the petition with the judges of the probate courts:

1. By publishing the notice in a public newspaper having general circulation in each of the counties to be affected by the change; and
2. By posting the notice at the door of the courthouse in each of the counties and at three public places in every militia district adjacent to the line to be changed.

   (Ga. L. 1880-81, p. 52, § 1; Code 1882, § 508n; Civil Code 1895, § 382; Civil Code 1910, § 468; Code 1933, § 23-301.)

Law reviews. - For article questioning the constitutionality of this section and the constitutional provision under which it was enacted, see 10 Ga. L. Rev. 169 (1975).

36-3-2. Proceedings before grand juries; action by county governing authorities upon approval of change by grand juries; publication of notice of approval by judges of probate courts.

It shall be the duty of the judges of the probate courts of the counties whose dividing line is sought to be changed to lay before the grand juries of their respective counties, on the first day of the next term of the superior courts after the publication of the notice and the filing of the petition provided for in Code Section 36-3-1, the original petition, together with all maps, plats, and other papers that may have been filed therewith. If such grand juries, by a two-thirds' vote of their respective bodies, approve the change applied for, they shall so declare in their general presentments. This action of the grand juries shall be certified at once by the clerks of the superior courts to the county governing authority in the counties to be affected, who shall, within 30 days from the date of the certification, approve or disapprove the application and certify their action to the judges of the probate courts of their respective counties. When the judges of the probate courts have satisfactory evidence of the concurrent approval of the grand juries and of the county governing authority in the counties to be affected, they shall cause an official notice of concurrent approval and a description of the line approved to be published for at least 30 days in a public newspaper having general circulation in their respective counties.

(Ga. L. 1880-81, p. 52, § 2; Code 1882, § 508o; Civil Code 1895, § 383; Civil Code 1910, § 469; Code 1933, § 23-302.)

Cross references. - Grand juries, T. 15, C. 12, A. 4.

36-3-3. When new boundary lines deemed established.

When all the proceedings have been had in the manner prescribed in Code Sections 36-3-1 and 36-3-2 and when the same have been fairly recorded by the judges of the probate courts on the minutes of their respective courts, the new line or lines shall be held to have been established in lieu of the original line or lines.

(Ga. L. 1880-81, p. 52, § 3; Code 1882, § 508r; Civil Code 1895, § 384; Civil Code 1910, § 470; Code 1933, § 23-303.)

Cross references. - Rerecording of deeds, mortgages, or other papers to land affected by change in county boundaries, § 44-2-13 .

36-3-4. Payment of costs of proceedings.

The entire costs of advertising and recording the petition, descriptions, and all other papers and proceedings relating to the proposed change in the boundary line of a county shall be paid by the person or persons applying therefor.

(Ga. L. 1880-81, p. 52, § 4; Code 1882, § 508s; Civil Code 1895, § 385; Civil Code 1910, § 471; Code 1933, § 23-304; Ga. L. 1982, p. 3, § 36.)

36-3-5. Filing of survey, plat, and resolution relating to change of boundary with Secretary of State; disposition thereof; recordation of certified copy by clerks of superior courts.

When all proceedings have transpired pursuant to this article, three copies of the survey and plat evidencing a change in county lines and a copy of a resolution from the governing authority of each county evidencing approval of the change shall be filed jointly by the judge of the probate court of each county with the Secretary of State. Upon receipt of the copies of the survey and plat and the resolutions provided above, the Secretary of State shall certify the survey and plat and send a certified copy thereof to the clerk of the superior court of each county affected by the change in county lines. The clerk of the superior court shall record the survey and plat in the same book in which other plats of the county are recorded. The Secretary of State shall retain one copy of the survey and plat, such copy of the survey and plat to be filed in his office.

(Code 1933, § 23-305, enacted by Ga. L. 1975, p. 394, § 1.)

Cross references. - Rerecording of deeds, mortgages, or other papers to land affected by change in county boundaries, § 44-2-13 .

36-3-20. Presentment of boundary dispute by grand jury; certification to Governor; appointment of surveyor to define line; return of survey and plat to Secretary of State.

When the boundary line between two or more counties is in dispute and the grand jury of either county presents that the boundary line needs to be marked out and defined, it shall be the duty of the clerk of the superior court in the county where the presentments were made to certify the presentments to the Governor. The Governor shall appoint some suitable and competent land surveyor, who shall not reside in either county, to survey, mark out, and define the boundary line in dispute and to return the survey with plat to the Secretary of State's office to be recorded in a book to be kept for that purpose.

(Ga. L. 1887, p. 106, § 1; Civil Code 1895, § 386; Civil Code 1910, § 472; Code 1933, § 23-401; Ga. L. 1977, p. 248, § 1.)

Law reviews. - For annual survey on local government law, see 66 Mercer L. Rev. 135 (2014).

36-3-21. Service of notice of survey upon county authorities.

Before the land surveyor proceeds to make the survey, he shall give the authorities having charge of the revenues of the counties at least ten days' notice of the time and place intended to commence the survey. The notice shall be given by mail or in person.

(Ga. L. 1887, p. 106, § 5; Civil Code 1895, § 390; Civil Code 1910, § 479; Code 1933, § 23-402; Ga. L. 1977, p. 248, § 2.)

36-3-21.1. Counties' agreement to boundary lines; filing of resolutions.

1. At any time after certification of the grand jury presentment to the Governor and prior to a final determination by the Secretary of State under Code Section 36-3-24, the governing authorities of the affected counties may by mutual agreement determine where the boundary line shall be located. Any such agreement shall be evidenced by the adoption of an appropriate concurrent unanimous resolution by the governing authority of each affected county; and each such resolution shall incorporate or incorporate by reference an agreed upon plat, description, or other means of definitely ascertaining the boundary line.
2. The resolutions of the affected counties shall be filed with the Secretary of State and the Department of Community Affairs, together with the agreed upon plat, description, or other means of definitely ascertaining the county line. If the Secretary of State finds that:
   1. Such resolutions meet the requirements of this Code section;
   2. The agreed upon plat, description, or other means adequately defines the boundary line;
   3. The surveyor, if appointed, has been adequately compensated for services performed to date or adequate arrangements have been made for the payment of such compensation; and
   4. The agreement is otherwise proper to terminate the boundary dispute, then the Secretary of State may enter a written determination that the disputed boundary line has been determined by agreement as authorized by this Code section. Such written determination, the concurrent resolutions of the affected counties, and the plat, description or other means of definitely ascertaining the boundary line shall be recorded in the same manner and with the same effect provided for in Code Section 36-3-25 . (Code 1981, § 36-3-21.1 , enacted by Ga. L. 2002, p. 1292, § 1.)

36-3-22. Copy of survey and plat furnished to county authorities.

The land surveyor appointed by the Governor to survey, mark out, and define the boundary line in dispute shall furnish the judges of the probate courts or chairmen of the boards of county commissioners of the respective counties with a copy of the survey and plat made and returned by him to the Secretary of State, at the same time the survey and plat are made and returned to the Secretary of State.

(Ga. L. 1899, p. 24, § 1; Civil Code 1910, § 473; Code 1933, § 23-403; Ga. L. 1977, p. 248, § 3.)

36-3-23. Filing of survey and plat with Secretary of State; time for protest or exceptions thereto.

The survey with plat, made and returned to the Secretary of State, shall be filed in his office, and entry of filing shall be made thereon; but the survey and plat shall not be recorded within the space of 30 days from the date of its reception in such office, for the purpose of allowing the authorities of either county dissatisfied therewith to file a protest or exceptions thereto within that time.

(Ga. L. 1899, p. 24, § 2; Civil Code 1910, § 474; Code 1933, § 23-404.)

36-3-24. Notice and hearing of protest or exceptions by Secretary of State.

If a protest or exceptions to the survey and plat are filed in the Secretary of State's office within the 30 days, it shall be the duty of the Secretary of State to give, through the mail, ten days' written notice of the time when he will hear the protest or exceptions at his office to the county governing authorities of the respective counties. Upon the hearing, the Secretary of State shall determine from the law and evidence the true boundary line in dispute between the respective counties.

(Ga. L. 1899, p. 24, § 3; Civil Code 1910, § 475; Code 1933, § 23-405.)

36-3-25. Recordation of survey and plat; conclusive effect; subsequent changes of boundary line.

Upon the making of a decision by the Secretary of State pursuant to Code Section 36-3-24 or in case no protest or exceptions are filed within the 30 days, the Secretary of State shall cause the survey and plat to be recorded in a book to be kept for that purpose, whereupon the same shall be final and conclusive as to the boundary line in dispute. When the boundary line in dispute has been established as final and conclusive as provided in this Code section, the same boundary line shall not again be subject to the procedures set forth in this article, and such boundary line may subsequently be changed only in accordance with Article 1 of this chapter, provided that nothing contained in this sentence shall affect any boundary line dispute in question on July 1, 1980, until the dispute is settled.

(Ga. L. 1899, p. 24, § 4; Civil Code 1910, § 476; Code 1933, § 23-406; Ga. L. 1980, p. 1178, § 1; Ga. L. 1982, p. 3, § 36.)

Editor's notes. - Ga. L. 1980, p. 1178, § 2, not codified by the General Assembly, provided that nothing in that Act, which added the last two sentences to this Code section, shall affect any boundary line disputes already in question, until such disputes are settled.

36-3-26. Compensation of land surveyor; notification of county authorities of fee; advisory committee.

1. The land surveyor shall receive a fee to be fixed by the Secretary of State or his designated deputy or assistant. Such fee shall be based upon reasonable compensation for the work to be performed and the rates normally charged by land surveyors in the same geographical area as the disputed line. The fee shall be negotiated prior to the commencement of the survey. Prior to the commencement of the survey, it shall be the duty of the Secretary of State to notify the governing authorities of the counties affected of the fee which has been negotiated.
2. For the purpose of assisting the Secretary of State in connection with his responsibilities and duties to fix and negotiate an appropriate fee for the services of the land surveyor in surveying, marking out, and defining the boundary line in dispute, the Secretary of State may appoint an advisory committee to be composed of three registered land surveyors. One of the members of the advisory committee shall be a county surveyor who shall be selected by the Secretary of State from a list of at least three county surveyors submitted to the Secretary of State by the Association County Commissioners of Georgia. The members of the advisory committee shall serve at the pleasure of the Secretary of State or for such terms as the Secretary of State shall provide. The members of the advisory committee shall receive no compensation for their services as such.
3. The advisory committee shall review the proposals of the land surveyor appointed by the Governor and shall counsel and advise the Secretary of State as to the committee's recommendation concerning an appropriate fee for such services. The recommendations of the advisory committee to the Secretary of State in relation to such fee shall not be binding upon the Secretary of State but shall be used by the Secretary of State in assisting him in determining and fixing an appropriate fee.

   (Ga. L. 1887, p. 106, § 3; Civil Code 1895, § 388; Civil Code 1910, § 477; Code 1933, § 23-407; Ga. L. 1956, p. 192, § 1; Ga. L. 1958, p. 633, § 1; Ga. L. 1977, p. 248, § 4; Ga. L. 1980, p. 1280, § 1.)

36-3-27. Payment by county authorities of compensation; tax levy.

It shall be the duty of the governing authorities of each of the counties affected by such survey to pay that proportion of the fee established under Code Section 36-3-26 that such county bears to the total number of counties directly affected by the survey. The payment of such fees is declared to be a public purpose. The governing authority of each county affected is authorized and directed to pay such fees and to levy such taxes as may be necessary for the payment of such fees.

(Ga. L. 1887, p. 106, § 4; Civil Code 1895, § 389; Civil Code 1910, § 478; Code 1933, § 23-408; Ga. L. 1977, p. 248, § 5.)

36-4-1. Petition for removal or change of county site; order of election; notice of election; qualifications of voters; frequency of elections.

Whenever two-fifths of the electors of any county who are qualified to vote for members of the General Assembly, as shown by the registration list last made out, shall petition the judge of the probate court for the removal or change of the county site of the county, the judge of the probate court shall at once grant an order directing an election to be held at the various election precincts in the county not less than 40 nor more than 60 days thereafter. The petition shall state where the new county site is to be located. Notice of the election shall be published weekly for four weeks previous to the day of the election in the newspaper in which the sheriff publishes his legal notices. All persons qualified to vote for members of the General Assembly shall be qualified to vote at the election. Elections under this Code section shall not occur more often than once in five years.

(Ga. L. 1878-79, p. 44, § 1; Code 1882, § 508x; Ga. L. 1887, p. 39, § 1; Civil Code 1895, § 391; Civil Code 1910, § 486; Ga. L. 1911, p. 54, § 1; Code 1933, § 23-501.)

36-4-2. Conduct of election generally; returns.

The election shall be held and conducted and returns shall be made thereof as is provided by Chapter 2 of Title 21, the "Georgia Election Code."

(Ga. L. 1878-79, p. 44, § 2; Code 1882, § 508y; Civil Code 1895, § 392; Civil Code 1910, § 487; Code 1933, § 23-502.)

36-4-3. Form and marking of ballots; number of votes required to authorize removal.

At the election, the form of the ballot and the procedure for marking the ballot shall be as provided in Chapter 2 of Title 21, the "Georgia Election Code." The ballot for such election shall have written or printed thereon the following: "[ ] YES Shall the county site of __________ County [ ] NO be moved to __________?"

In any such referendum election, all persons desiring to vote in favor of moving the county site shall vote "Yes," and those persons desiring to vote against moving the county site shall vote "No." If two-thirds of the votes cast at the election are in favor of removal, the General Assembly next convening after the election may provide for the removal of the county site by appropriate legislation.

(Ga. L. 1878-79, p. 44, § 3; Code 1882, § 508z; Civil Code 1895, § 393; Civil Code 1910, § 488; Code 1933, § 23-503; Ga. L. 1987, p. 3, § 36.)

History of section. - The language of this Code section is derived in part from the decision in Wells v. Ragsdale, 102 Ga. 53 , 29 S.E. 165 (1897).

36-4-4. Certificate of Secretary of State as evidence of election and number of votes.

The certificate of the Secretary of State showing that the election was held and that two-thirds of the qualified voters voting at the election voted in favor of removal shall be sufficient evidence of the holding of the election and of the number of votes cast.

(Ga. L. 1878-79, p. 44, § 4; Code 1882, § 508aa; Civil Code 1895, § 394; Civil Code 1910, § 489; Ga. L. 1911, p. 54, § 1; Code 1933, § 23-504.)

History of section. - The language of this Code section is derived in part from the decision in Wells v. Ragsdale, 102 Ga. 53 , 29 S.E. 165 (1897).

36-4-5. Where courts to be held after removal; validity of proceedings.

After a county site is removed as provided by law, all the courts which are required by law to be held at the county site of the county, by proper orders made by the judges of such courts at chambers or in regular session and entered on the minutes of the courts, shall continue to be held in the old buildings at the former county site until the new buildings at the county site are ready for occupancy. All the proceedings of any court so held shall be legal.

(Ga. L. 1905, p. 104, § 1; Civil Code 1910, § 502; Code 1933, § 23-517.)

36-4-6. Where offices to be kept after removal.

The authorities having charge of county affairs in any county for which the county site has been removed shall provide by an order entered on their minutes that the county officers of the county shall have and keep their offices in such buildings at either the old or new county site as, in the judgment of the county authorities, may be best, until the new buildings are ready for occupancy.

(Ga. L. 1905, p. 104, § 2; Civil Code 1910, § 503; Code 1933, § 23-518.)

36-5-1.

Reserved.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, the designation of this Code section was reserved.

36-5-20. Official names of county governing authorities.

The words "Roads and Revenues" are stricken from the official names of all of the governing authorities of the counties of this state, so that the official names of the governing authorities of the counties will be changed from "Board of Commissioners of Roads and Revenues of ____________ County" and from the "Commissioner of Roads and Revenue of ______________ County" to "Board of Commissioners of ______________ County" and "Commissioner of ______________ County," respectively.

(Ga. L. 1968, p. 1141, § 1; Ga. L. 1982, p. 3, § 36.)

Cross references. - "County governing authority" defined, § 1-3-3(7) .

36-5-21. Vacancy in office of county commissioner or other governing authority.

1. When a vacancy occurs in the office of a county governing authority in any county in which the local Act creating that governing authority for the county makes no provision for succession to fill the vacancy and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21, the "Georgia Election Code," and the cost of the election shall be defrayed by the proper county authorities. If the unexpired term to be filled is less than six months in duration and the local Act creating the governing authority makes no provision to fill the vacancy, the judge of the superior court of the county shall have the power to appoint a successor to fill the unexpired term.
2. Unless otherwise provided by local law, when the office of any county commissioner is vacated for any reason and a special election is required to be called pursuant to subsection (a) of this Code section, the remaining members of the board of commissioners shall constitute the governing authority of the county during the interim period between the creation of the vacancy and the election and qualification of a successor to fill the vacancy pursuant to subsection (a) of this Code section, except that if as a result of that vacancy or any combination of such vacancies there is no longer any commissioner remaining in office to constitute the county governing authority, the judge of the probate court of the county shall serve as the county governing authority until the election and qualification under subsection (a) of this Code section of all successors to the vacated positions on the county governing authority.
3. A judge of the probate court serving as the county governing authority pursuant to subsection (b) of this Code section shall receive for such service, in addition to any other compensation that judge is authorized by law to receive, an amount equal to the amount the chairman of the board of commissioners or the sole commissioner, as applicable, would have been authorized to receive for that period of service.

   (Ga. L. 1898, p. 93, § 1; Civil Code 1910, § 627; Code 1933, § 23-801; Ga. L. 1947, p. 173, § 1; Ga. L. 1986, p. 328, § 1; Ga. L. 1987, p. 1482, § 6.)

Law reviews. - For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

36-5-22. County manager authorized.

1. The governing authority of any county of this state or the General Assembly may create in and for those counties in which it deems necessary or advisable the office of county manager and may vest in such office powers, duties, and responsibilities of an administrative nature. The qualifications, method of selection, appointment, compensation, tenure, and such other related matters pertaining to the office of county manager shall be provided for by the governing authority of the county.
2. Nothing in this Code section shall pertain to consolidated governments which include all the area within any county.
3. This Code section shall not apply to any county having a population of more than 500,000 according to the United States decennial census of 1990 or any future such census.

   (Ga. L. 1974, p. 435, §§ 1, 2; Ga. L. 1987, p. 1482, § 7; Ga. L. 1992, p. 2341, § 1.)

36-5-22.1. Powers and duties; delegation.

1. The governing authority of each county has original and exclusive jurisdiction over the following subject matters:
   1. The directing and controlling of all the property of the county, according to law, as the governing authority deems expedient;
   2. The levying of a general tax for general county purposes and a special tax for particular county purposes;
   3. The establishing, altering, or abolishing of all roads, bridges, and ferries in conformity to law;
   4. Reserved;
   5. The filling of all vacancies in county offices unless some other body or official is empowered by law to so fill such vacancy;
   6. The examining, settling, and allowing of all claims against the county;
   7. The examining and auditing of the accounts of all officers having the care, management, keeping, collection, or disbursement of money belonging to the county or appropriated for its use and benefit and the settling of the same;
   8. The making of such rules and regulations for the support of the poor of the county, for the county police and patrol, for the promotion of health, and for quarantine as are authorized by law or not inconsistent therewith; and
   9. The regulating of peddling and fixing of the cost of licenses therefor.
2. Nothing in this Code section shall be construed to prohibit a local law from delegating to a chairman or chief executive officer of a county governing authority jurisdiction over any subject matter provided for in subsection (a) of this Code section. (Code 1981, § 36-5-22.1 , enacted by Ga. L. 1987, p. 1051, § 1, Ga. L. 1987, p. 1482, § 8.)

Code Commission notes. - Ga. L. 1987, p. 1051, § 1 and Ga. L. 1987, p. 1482, § 8 enacted similar Code sections designated as Code Section 36-5-22.1. The Code section is set forth above as enacted by the latter Act (Ga. L. 1987, p. 1482, § 8).

Cross references. - Application for and issuance of writ of mandamus against county board of commissioners to compel building, repair of county roads, § 9-6-21 .

36-5-23. Salary of county commissioner in counties having population of not less than 56,400 or more than 60,000.

Reserved. Repealed by Ga. L. 2002, p. 1038, § 1, effective July 1, 2002.

Editor's notes. - This Code section was based on Code 1981, § 36-5-23 , enacted by Ga. L. 1982, p. 533, §§ 1, 2; Ga. L. 1993, p. 91, § 36.

36-5-24. Definitions; compensation of members of county governing authorities.

1. As used in this Code section, the term:
   1. "County governing authority" means a governing authority as defined in paragraph (7) of Code Section 1-3-3 and an elected county chief executive officer.
   2. "Expenses in the nature of compensation" means any expense allowance or any form of payment or reimbursement of expenses other than reimbursement for expenses actually and necessarily incurred by members of a county governing authority.
2. Unless otherwise provided by local law, the governing authority of each county is authorized to fix the salary, compensation, expenses, and expenses in the nature of compensation of the members of the governing authority subject to the following conditions:
   1. Any increase in salary, compensation, expenses, or expenses in the nature of compensation for members of a county governing authority shall not be effective until the first day of January of the year following the next general election held after the date on which the action to increase the compensation was taken;
   2. A county governing authority shall take no action to increase salary, compensation, expenses, or expenses in the nature of compensation until notice of intent to take such action and the fiscal impact of such action has been published in a newspaper designated as the legal organ of the county at least once a week for three consecutive weeks immediately preceding the meeting at which the action is taken; and
   3. Such action shall not be taken during the period of time beginning with the date that candidates for election as members of the county governing authority may first qualify as such candidates and ending with the first day of January following the date of qualification.
3. Salary, compensation, expenses, and expenses in the nature of compensation paid to members of a county governing authority in accordance with applicable local or general salary laws in effect on January 1, 2001, and as subsequently amended, shall continue in full force and effect as compensation for such county officials unless such compensation is increased pursuant to subsection (b) of this Code section; and this Code section shall not affect the power of the General Assembly at any time by local or general law to increase or decrease any or all of such compensation or by local law to withdraw the authority otherwise granted to a county governing authority under this Code section. (Code 1981, § 36-5-24 , enacted by Ga. L. 2001, p. 789, § 1; Ga. L. 2013, p. 141, § 36/HB 79.)

Editor's notes. - Former Code Section 36-5-24 was repealed and reserved by Ga. L. 1994, p. 237, § 2, effective July 1, 1994. This former Code section, relating to salary of county commissioner in counties having a population of not less than 12,300 or more than 12,400, was based on Code 1981, § 36-5-23 , enacted by Ga. L. 1982, p. 588, §§ 1, 2; Code 1981, § 36-5-24 , as redesignated by Ga. L. 1983, p. 3, § 27; Ga. L. 1993, p. 91, § 36.

Law reviews. - For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).

36-5-25. Salary of county commissioner in county administered by single commissioner.

1. In every county of this state in which the county government is administered by a single county commissioner, such county commissioner shall be entitled to receive a minimum annual salary equal in amount to the minimum annual salary provided for the sheriff of any such county pursuant to the provisions of subsection (a) of Code Section 15-16-20; provided, however, that a local law may provide for a greater annual salary than such minimum salary or may provide an expense allowance in addition to such minimum salary or in addition to such greater salary; provided, further, that any such county commissioner may by resolution elect to receive a salary of lesser amount which is provided by a local law.
2. The provisions of subsection (a) of this Code section shall not affect any automobile allowance provided for any such county commissioner pursuant to local law. (Code 1981, § 36-5-25 , enacted by Ga. L. 1986, p. 347, § 1; Ga. L. 1994, p. 237, § 2; Ga. L. 2002, p. 1038, § 2.)

36-5-26. Authorization for service of process.

A county governing authority shall have the power to authorize any of the officers, agents, and employees of the county to serve, in any manner prescribed by applicable law, any process, summons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when:

1. The paper to be served arises out of or relates to an activity or condition conducted or maintained by such person within the territorial jurisdiction of the county in violation of an applicable law or ordinance covering the following: public housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pollution control, solid waste management, and other technical or environmental codes; county business, occupation, and professional license tax ordinances; county privilege license or permit ordinances; or ordinances providing for the protection of facilities for the treatment or wholesale or retail distribution of water from tampering or theft which may arise either from a single isolated act or omission or from an activity or condition;
2. The paper to be served originates in or is issued under the authority of the department or branch of county government employing such officer, agent, or employee; and
3. Each and every day the condition is maintained or the activity is conducted is made a separate county offense by applicable law or ordinance. Where any such paper names one or more persons who reside outside the territorial jurisdiction of the county, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this state. (Code 1981, § 36-5-26 , enacted by Ga. L. 1992, p. 2122, § 1.)

36-5-27. Compensation supplement with designation as a certified county commissioner.

In addition to any other compensation to which a member of a county governing authority is entitled under general or local law, any such official who has been awarded a certificate from the University of Georgia, evidencing his or her successful completion of the voluntary course of training administered by the Carl Vinson Institute of Government resulting in designation as a certified county commissioner shall be entitled to a compensation supplement of $100.00 per month. With regard to members of the governing authority of a consolidated government, designation either as a certified county commissioner or a certified municipal official by the Carl Vinson Institute of Government shall be acceptable.

(Code 1981, § 36-5-27 , enacted by Ga. L. 2001, p. 902, § 18.)

36-5-28. Members of county governing authority to receive compensation increase when classified service employees receive increase; calculation; effective date.

Whenever the state employees subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the compensation to which a member of a governing authority is entitled under general or local law shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount to which a member of a county governing authority is entitled under general or local law shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.

(Code 1981, § 36-5-28 , enacted by Ga. L. 2001, p. 902, § 18; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-55/HB 642.)

Cross references. - Salaries and fees of public officers and employees, T. 45, C. 7.

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

36-5-29. Pay increases for certain members of county governing authorities.

1. Compensation to which a member of a county governing authority is entitled under general or local law, including amounts provided for in Code Sections 36-5-27 and 36-5-28 shall be increased by multiplying said amounts by the percentage which equals 2.5 percent times the number of completed, four-year terms of office served by such member of a county governing authority where such terms have been completed after December 31, 2004, effective the first day of January following the completion of each such period of service.
2. For a member of a county governing authority elected to two-year terms of office or six-year terms of office, the percentage increase provided for in subsection (a) of this Code section shall be 1.25 percent times the number of completed two-year terms or 3.75 percent times the number of completed six-year terms as applicable. (Code 1981, § 36-5-29 , enacted by Ga. L. 2006, p. 568, § 11/SB 450.)

36-6-1. Qualifications for office; election; commission; term; abolishment and fixing compensation of office by General Assembly.

1. No other conditions of eligibility are required for the office of county treasurer than those which apply to all other county officers, provided that no other county officer can also be county treasurer.
2. County treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and shall hold their offices for terms of four years. The General Assembly, by local law, may abolish the office of county treasurer in any county and may fix the compensation of the county treasurer.

   (Orig. Code 1863, § 520; Code 1868, § 584; Code 1873, § 546; Code 1882, § 546; Civil Code 1895, § 452; Civil Code 1910, § 568; Code 1933, § 23-1002; Ga. L. 1983, p. 1212, § 1.)

   Eligibility for public office generally, T. 45, C. 2.

Cross references. - Eligibility for county office, Ga. Const. 1983, Art. IX, Sec. I, Para. III.

Law reviews. - For annual survey article on local government law, see 52 Mercer L. Rev. 341 (2000).

36-6-2. Requirement of bond and oath.

No appointment or election to the office of county treasurer is effective until bond and security is given and the oath of office is taken.

(Orig. Code 1863, § 517; Code 1868, § 581; Code 1873, § 543; Code 1882, § 543; Civil Code 1895, § 449; Civil Code 1910, § 565; Code 1933, § 23-1003.)

36-6-3. Form of oath.

In addition to the oath required of all public officers, before entering on the duties of their office, county treasurers must take the following oath:

"I, ________, do swear that I will faithfully collect, disburse, and account for all moneys or other effects of the county, and otherwise faithfully discharge all the duties required of me by law as county treasurer. So help me God."

(Orig. Code 1863, § 522; Code 1868, § 586; Code 1873, § 548; Code 1882, § 548; Civil Code 1895, § 454; Civil Code 1910, § 570; Code 1933, § 23-1004; Ga. L. 1987, p. 3, § 36.)

Cross references. - Oaths required of public officers generally, T. 45, C. 3.

36-6-4. When bond to be given; form and amount.

Within 30 days after his election or appointment, the county treasurer shall give a bond payable to the county governing authority with securities approved by such authority, in a sum which in its judgment will be ample to protect the county from any loss.

(Orig. Code 1863, § 523; Code 1868, § 587; Code 1873, § 549; Code 1882, § 549; Ga. L. 1889, p. 51, § 1; Civil Code 1895, § 455; Civil Code 1910, § 571; Ga. L. 1918, p. 109, § 1; Code 1933, § 23-1005.)

36-6-5. Filing and recordation of oath and bond.

1. The oath of office of the county treasurer must be entered on the minutes of the county governing authority and filed in his office. His official bond must be filed and recorded in such office.
2. When one or more sureties on the bond of the county treasurer own real estate in any county or counties other than the county in which the treasurer holds office, such bond, within 30 days after the execution thereof, shall be recorded in the county or counties wherein the real estate is situated, by the county governing authority, or such bond shall be recorded within 30 days after its execution by the authority in the book of record of bonds of county officers. After the treasurer's bond is accepted and recorded in the county in which the treasurer holds office, the county governing authority of such county shall forward the same to the county governing authority in each county in which any one or more sureties on the bond own any real estate; such county governing authority to whom the bond is sent shall record the same in accordance with this subsection.

   (Laws 1838, Cobb's 1851 Digest, p. 215; Code 1863, § 521; Code 1868, § 585; Code 1873, § 547; Code 1882, § 547; Ga. L. 1890-91, p. 104, §§ 1, 2; Civil Code 1895, §§ 453, 974, 975; Civil Code 1910, §§ 569, 1241, 1242; Code 1933, §§ 23-1006, 23-1007, 23-1008.)

36-6-6. Recordation of bond to bind third parties; effect of recordation after 30 days.

As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding the real estate of any surety on the bond of any county treasurer situated in any county other than that in which the treasurer holds office, no such real estate of the surety shall be bound from the date of the bond unless the bond is recorded in the county. When the bond is recorded after 30 days, the real estate of the surety situated in any county other than that in which the treasurer holds office shall be bound only from the date on which the bond is recorded.

(Ga. L. 1890-91, p. 104, § 3; Civil Code 1895, § 976; Civil Code 1910, § 1243; Code 1933, § 23-1009.)

36-6-7. Effect of Code Sections 36-6-5 and 36-6-6 on lien of bond.

Nothing in Code Sections 36-6-5 and 36-6-6 shall be construed to affect the validity or force of the lien of any such bond from the date thereof as between the parties thereto.

(Ga. L. 1890-91, p. 104, § 4; Civil Code 1895, § 977; Civil Code 1910, § 1244; Code 1933, § 23-1010.)

36-6-8. Time at which lien of bond arises.

When any official bond is executed by any county treasurer or any person acting as such, the property of the treasurer or person acting as such, as well as the security or securities on the bond, shall be bound from the time of the execution thereof for the payment of any and all liability arising from the breach of the bond.

(Ga. L. 1876, p. 15, § 1; Code 1882, § 549a; Civil Code 1895, § 456; Civil Code 1910, § 572; Code 1933, § 23-1012.)

36-6-9. Governor's directions relating to bond; payment of costs of transmitting and recording bond.

It shall be the duty of the Governor to give written or printed directions to the county governing authority upon the requirements of Code Sections 36-6-5 through 36-6-7, as other instructions and directions are now given in reference to the bonds of county treasurers. The costs of transmitting and recording the bonds shall be paid by the county treasurer.

(Ga. L. 1890-91, p. 104, § 5; Civil Code 1895, § 978; Civil Code 1910, § 1245; Code 1933, § 23-1011; Ga. L. 1982, p. 3, § 36.)

36-6-10. Location of office.

The county treasurer must keep his office at the county site or at some place within one mile of the courthouse.

(Orig. Code 1863, § 526; Code 1868, § 590; Code 1873, § 552; Code 1882, § 552; Civil Code 1895, § 459; Civil Code 1910, § 575; Code 1933, § 23-1014.)

36-6-11. Books and stationery furnished by county.

All books and stationery required by the county treasurer must be furnished at the expense of the county.

(Orig. Code 1863, § 528; Code 1868, § 592; Code 1873, § 554; Code 1882, § 554; Civil Code 1895, § 461; Civil Code 1910, § 577; Code 1933, § 23-1020.)

36-6-12. Compensation and fees.

County treasurers are entitled to receive the following fees:

1. For receiving and paying out county funds:
   1. Two and one-half percent for receiving all sums up to $10,000.00.
   2. Two and one-half percent for paying out all sums up to $10,000.00.
   3. One and one-fourth percent for receiving the excess of any sum over $10,000.00.
   4. One and one-fourth percent for paying out the excess of any sum over $10,000.00.
2. For making his returns to the grand jury, $1.00.
3. For making his returns to the judge of the probate court, $1.00. However, in no case shall the compensation of a county treasurer exceed the sum of $3,000.00 per annum, unless within the sole discretion of the proper governing authority of the county the compensation is increased to a sum not to exceed $3,600.00 per annum. (Orig. Code 1863, § 3627; Code 1868, § 3652; Code 1873, § 3703; Ga. L. 1874, p. 20, § 1; Code 1882, § 3703; Ga. L. 1890-91, p. 76, § 1; Civil Code 1895, § 472; Civil Code 1910, § 588; Code 1933, § 23-1013; Ga. L. 1953, Nov.-Dec. Sess., p. 176, § 1.) Authority of General Assembly to fix compensation of county treasurers, § 36-6-1 .

Cross references. - Compensation of county officers generally, Ga. Const. 1983, Art. IX, Sec. I, Para. III.

36-6-13. Receipt of commission or fees in connection with certain road contracts; collection and disbursement of road contract funds.

No county treasurer or other county official shall receive any commission on funds received or disbursed in connection with county contracts with the Department of Transportation for the construction or repair of roads; and this Code section and Code Sections 36-6-12 and 36-6-15 shall not apply to funds received or disbursed on such contracts. The funds received from county contracts with the Department of Transportation for the construction and repair of roads shall be collected by the county treasurer, in those counties having a county treasurer, and shall be disbursed by him without any commission or fee; in those counties having no county treasurer, the funds from these contracts shall be collected and disbursed by the usual officers without any commission or fee.

(Ga. L. 1939, p. 277, §§ 1, 2.)

Cross references. - Authority of county to contract for public road purposes generally, § 32-4-60 et seq.

36-6-14. Duties generally.

It is the duty of the county treasurer:

1. To collect diligently from all officers and others all moneys due the county;
2. To examine the minutes and execution dockets of the different courts of the county, to demand and receive all moneys appearing to be due thereon, and to institute proceedings against defaulters;
3. To pay without delay, when there are sufficient funds, all orders or other debts due, according to their dates; when there are not sufficient funds, payment shall be made as prescribed in Code Section 36-11-4;
4. To take a receipt on each order when paid and carefully file it away;
5. To keep a well-bound book in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom, and on what account;
6. To keep a well-bound book in which shall be entered a full description of all county orders or other forms of indebtedness, as they are presented;
7. To record a copy of the orders of the county governing authority levying county taxes;
8. To exhibit to the first grand jury at the first session of the superior court of each year a full statement of the condition of the county treasury up to that time;
9. On the second Monday in January of each year, to file with the county governing authority a full statement of his account, accompanied by his vouchers for the preceding year, together with his estimate of the indebtedness of the county for the ensuing year and the means of providing therefor;
10. To place his books and vouchers before the grand jury or the county governing authority for examination when called upon to do so;
11. To appear before the county governing authority or the grand jury to render an account of his actings and doings as county treasurer; and
12. To publish at the door of the courthouse and in a public newspaper, if there is one published in the county, a copy of his annual statement to the county governing authority.

    (Ga. L. 1859, p. 25, § 1; Code 1863, § 527; Code 1858, § 591; Code 1873, § 553; Code 1882, § 553; Civil Code 1895, § 460; Civil Code 1910, § 576; Code 1933, § 23-1015; Ga. L. 1982, p. 3, § 36.)

36-6-15. Collection and disbursal of funds generally.

All county funds are to be paid to and disbursed by the county treasurer except such as may be specially excepted by law, which shall be collected and disbursed as specially directed.

(Laws 1825, Cobb's 1851 Digest, p. 211; Code 1863, § 525; Code 1868, § 589; Code 1873, § 551; Code 1882, § 551; Civil Code 1895, § 458; Civil Code 1910, § 574; Code 1933, § 23-1016.)

36-6-16. Deposits of county funds in designated depositories.

The treasurers of the several counties are authorized to deposit the county funds which may come into their hands as county treasurers in any bank or banking institution which has been designated by law as a depository for the funds of the state.

(Ga. L. 1917, p. 199, § 1; Code 1933, § 23-1017.)

Law reviews. - For article considering the public official's potential liability for funds, losses and torts, and suggesting insurance coverage, see 11 Mercer L. Rev. 288 (1960).

36-6-16.1. Deposit of funds held for benefit of third persons by officer of county or court in treasury of counties having population of 600,000 or more.

1. It shall be lawful in all counties of this state having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census for any county officer and any officer of any court, including the superior court in such counties, having in his possession and custody any funds, including trust funds, held for the benefit of any third person or litigant or for any purpose or subject to the order of any court or other tribunal to deposit such funds for safekeeping in the treasury of the county and to accept therefor the receipt of the treasurer or other fiscal officer of such county.
2. The original custodian of such fund before making any deposit may require the treasurer or other fiscal officer to execute in his favor a special bond in an amount not less than the aggregate of all funds so deposited and held by the treasurer or other fiscal officer, which bond with security approved by the superior court of such county shall be conditioned to repay or disburse all of such funds under proper legal authority. In lieu of other security on such bond, the treasurer or other fiscal officer may deposit in a safe place a bond of the United States Treasury in an amount not less than the aggregate of all deposits secured by such bond.
3. The treasurer of any county or other fiscal officer charged with the custody of county funds may decline to accept funds from any officer or officer of the court for deposit and safekeeping when in the judgment of such treasurer or other fiscal officer the conditions imposed are burdensome or would cause hardship or financial loss.
4. Any officer or officer of the court who deposits funds in his custody in the treasury of the county of such officer or officer of the court shall be relieved of personal responsibility for the safekeeping of such funds as may be entrusted to the treasury of the county under this Code section.
5. This Code section shall not be interpreted to prevent or delay the direct payment into the county treasury of all funds belonging to such county and collected by or held by an officer or officer of the court, but all of same shall be deposited immediately in the county treasury without the requirement of any special bond. (Ga. L. 1963, p. 2180, §§ 1-5; Code 1981, § 36-6-16.1 , enacted by Ga. L. 1982, p. 2107, § 32; Ga. L. 1992, p. 2350, § 1.)

36-6-17. Furnishing of bonds by depositories selected by treasurer.

Any depository of state funds selected by the county treasurer to be a depository of the county funds shall, in addition to the bond given to the state as security for the money of the state deposited in such bank, give to the county treasurer a bond in an amount sufficient to protect him from any loss, which bond shall be payable to him and shall be conditioned to account fully to him for all county moneys that may be deposited by him as county treasurer under the terms of this article.

(Ga. L. 1917, p. 199, § 2; Code 1933, § 23-1018.)

36-6-18. Arrangements for payment of interest on deposits; disposition of interest payments.

The county treasurers are authorized to arrange with the bank to pay interest on the money deposited with the bank, but they are not required to do so. Any money received by them as interest must be paid by them into the treasury of the county.

(Ga. L. 1917, p. 199, § 3; Code 1933, § 23-1019.)

36-6-19. Disposition of books of treasurer when full.

When the books of the county treasurer are full, they must be deposited, together with the vouchers and other files relating thereto, in the office of the county governing authority and shall be part of its records.

(Orig. Code 1863, § 529; Code 1868, § 593; Code 1873, § 555; Code 1882, § 555; Civil Code 1895, § 462; Civil Code 1910, § 578; Code 1933, § 23-1021.)

36-6-20. Delivery of money, books, papers, and property to successor.

Upon the resignation, expiration of the term, or removal from office of the county treasurer, he, or, if he is dead, his personal representative, must state his accounts and deliver all the money, books, papers, and property of the county to his successor, as do other officers. His successor must report the same immediately to the county governing authority.

(Orig. Code 1863, § 541; Code 1868, § 605; Code 1873, § 564; Code 1882, § 564; Civil Code 1895, § 470; Civil Code 1910, § 586; Code 1933, § 23-1022.)

36-6-21. Final settlement of accounts.

When the county treasurer or his personal representative has made a fair and full statement of all his accounts and liabilities as such, pursuant to Code Section 36-6-20, an exoneration of himself and his sureties, together with the details of such settlement, must be entered on the minutes of the county governing authority. It shall be final, except for fraud.

(Orig. Code 1863, § 542; Code 1868, § 606; Code 1873, § 565; Code 1882, § 565; Civil Code 1895, § 471; Civil Code 1910, § 587; Code 1933, § 23-1023.)

36-6-22. Requirement of accountings by treasurer.

It shall be the duty of the judge of the probate court or county governing authority to compel the treasurers of the county to come before the court or governing authority at such times as may be designated by the judge or governing authority, not less than twice in each year, to render an account of his official actings and doings respecting the county tax and funds and to make a full and complete exhibit of his books, vouchers, accounts, and all things pertaining to his office.

(Ga. L. 1882-83, p. 82, § 1; Civil Code 1895, § 418; Civil Code 1910, § 527; Code 1933, § 23-1024; Ga. L. 1982, p. 3, § 36.)

36-6-23. Proceedings upon failure of treasurer to render accounting.

The failure or refusal of any county treasurer to render the account and make the showing provided for by Code Section 36-6-22, after being notified to do so by the county governing authority, shall constitute malpractice in office. A conviction therefor shall subject the offender to removal from office. During the continuance of such failure or refusal after the notice aforesaid, the county governing authority shall suspend the treasurer from duty and shall appoint some fit and proper person to take charge of the county funds and perform the duties of his office until the question of his removal can be passed upon and decided by the proper tribunal. Proper bonds shall be taken from the person so appointed, as provided by law. The power given by this Code section and Code Section 36-6-22 to inquire into the affairs of the treasurer of the county and to suspend him from office in certain cases shall in no way affect the liability of the treasurer or that of the sureties on his bond.

(Ga. L. 1882-83, p. 82, § 2; Civil Code 1895, § 419; Civil Code 1910, § 528; Code 1933, § 23-1025.)

36-6-24. Removal of treasurer.

County treasurers may be removed from office in the same manner as clerks of the superior courts may be removed.

(Laws 1821, Cobb's 1851 Digest, p. 211; Laws 1838, Cobb's 1851 Digest, p. 215; Code 1863, § 518; Code 1868, § 582; Code 1873, § 544; Code 1882, § 544; Civil Code 1895, § 450; Civil Code 1910, § 566; Code 1933, § 23-1026.)

Cross references. - Removal of clerks of superior courts, § 15-6-82 .

36-6-25. Filling of vacancies.

Vacancies in the office of county treasurer shall be filled as are vacancies in other county offices.

(Orig. Code 1863, § 519; Code 1868, § 583; Code 1873, § 545; Code 1882, § 545; Civil Code 1895, § 451; Civil Code 1910, § 567; Code 1933, § 23-1027.)

36-6-26. Bonds of persons appointed to fill vacancies.

The amount of the bonds of appointees to fill vacancies shall be in the discretion of the county governing authority, taking into consideration the amount that may come into their hands, and shall be for double such amount.

(Orig. Code 1863, § 524; Code 1868, § 588; Code 1873, § 550; Code 1882, § 550; Civil Code 1895, § 457; Civil Code 1910, § 573; Code 1933, § 23-1028.)

36-6-27. Execution against county treasurer for failure to pay over money.

When the county treasurer at any time fails to pay any order which is entitled to payment, any other legal demand upon him, or any balance that is in his hands to his successor or to the person entitled to receive it, the county governing authority may issue execution against him and his sureties for the amount due, as against a defaulting tax collector.

(Laws 1825, Cobb's 1851 Digest, p. 212; Code 1863, § 540; Code 1868, § 604; Code 1873, § 563; Code 1882, § 563; Civil Code 1895, § 469; Civil Code 1910, § 585; Code 1933, § 23-1611.)

36-6-28. Purchase of county orders at less than full value or refusal to pay order.

Any county treasurer who buys up any county orders or claims for less than their full par value, either by himself or by agents, directly or indirectly, pays for them in property at an estimated value above its true value, refuses to pay an order when he has funds to pay the same, or illegally postpones the payment of an order shall be guilty of a misdemeanor and shall be removed from office on complaint and proof being made to the county governing authority.

(Orig. Code 1863, §§ 535, 536; Code 1868, §§ 599, 600; Code 1873, §§ 561, 562; Code 1882, §§ 561, 562; Civil Code 1895, § 468; Penal Code 1895, § 276; Civil Code 1910, § 584; Penal Code 1910, § 280; Code 1933, §§ 23-1609, 23-9902.)

36-7-1. Requirement of county surveyor for each county; appointment of assistants or deputies.

There must be one county surveyor for each county. The surveyor is empowered to appoint one or more assistants or deputies, for whose conduct he is responsible.

(Laws 1783, Cobb's 1851 Digest, p. 665; Laws 1784, Cobb's 1851 Digest, p. 670; Code 1863, § 548; Code 1868, § 612; Code 1873, § 571; Code 1882, § 571; Civil Code 1895, § 478; Civil Code 1910, § 596; Code 1933, § 23-1105.)

36-7-2. Election, commissioning, qualification, and removal of county surveyor; qualifications.

1. County surveyors shall be elected, commissioned, qualified, and removed as are clerks of the superior courts and shall hold their offices for four years.
2. 1. Every person holding the post of county surveyor must be a qualified surveyor, licensed by the State Board of Registration for Professional Engineers and Land Surveyors, and such person must have successfully passed the examination given by the board as a prerequisite to the granting of a license as a land surveyor; provided, however, that any person holding the position of county surveyor on March 7, 1966, whether elected or appointed, shall not be required to meet the qualifications enumerated in this subsection so long as such person remains in the position of county surveyor, whether reappointed or reelected to this position.
   2. Paragraph (1) of this subsection shall not apply to:
      1. Any county having a population of less than 17,000 inhabitants according to the United States decennial census of 1960 or any future such census; or
      2. Any person who was holding the position of county surveyor in such a county on January 1, 1977, and who has acted continuously as county surveyor since that date, for as long as such person remains in the position of county surveyor, notwithstanding the fact that the population of the county has grown to exceed 17,000.
3. Notwithstanding the provisions of subsection (b) of this Code section or paragraph (3) of subsection (b) of Code Section 43-15-29 , a county surveyor who is not licensed by the State Board of Registration for Professional Engineers and Land Surveyors shall only practice land surveying for the county and shall not engage in the private practice of professional land surveying; provided, however, that this subsection shall not apply to any county surveyor duly elected and holding office on June 30, 1986, so long as said person continues to hold the office of county surveyor; provided, however, that any county surveyor who has a minimum of four years of surveying experience shall be eligible to take the land surveyor examination and eligible for certification as a land surveyor. (Laws 1799, Cobb's 1851 Digest, p. 198; Code 1863, § 543; Code 1868, § 607; Code 1873, § 566; Code 1882, § 566; Civil Code 1895, § 473; Civil Code 1910, § 591; Code 1933, § 23-1101; Ga. L. 1966, p. 225, §§ 1, 4, 5; Ga. L. 1986, p. 888, § 1; Ga. L. 1988, p. 555, § 1.) Removal of clerks of superior courts, § 15-6-82 .

Cross references. - Election, qualifications, duties, powers, and compensation of county officers, Ga. Const. 1983, Art. IX, Sec. I, Para. III.

36-7-2.1. Abolishing elected office and authorizing appointment; qualifications of appointed surveyor.

1. The General Assembly may by local law abolish the office of elected county surveyor in any county of this state and authorize the governing authority of the county to appoint the county surveyor for such term of office as the General Assembly shall provide by said local law.
2. A local law abolishing the office of elected county surveyor pursuant to the authority of this Code section shall comply with the provisions of Code Section 1-3-11 requiring referendum approval on abolishing certain offices, except that if the office of the elected county surveyor is vacant at the time of its abolishment or if the person holding the office was appointed to fill a vacancy pursuant to the provisions of Code Section 36-7-3, such office may be abolished at any time without the necessity of a referendum.
3. A county surveyor appointed by a county governing authority pursuant to the authority of a local Act enacted pursuant to the provisions of this Code section shall possess the qualifications to hold office as a county surveyor specified by paragraph (1) of subsection (b) of Code Section 36-7-2 and shall carry out the duties of a county surveyor as provided in this chapter and other laws of this state. (Code 1981, § 36-7-2.1 , enacted by Ga. L. 1989, p. 919, § 1; Ga. L. 1993, p. 91, § 36.)

36-7-3. Procedure when election fails to fill office; procedure in event of vacancy.

1. Whenever an election fails to fill the office of county surveyor, the judge of the probate court shall appoint a person to serve as the county surveyor until a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office.
2. In the event that a vacancy occurs in the office of county surveyor, the judge of the probate court shall appoint a person to serve for the unexpired term of office and until his successor is duly elected and has qualified.

   (Orig. Code 1863, § 544; Code 1868, § 608; Code 1873, § 567; Code 1882, § 567; Civil Code 1895, § 474; Civil Code 1910, § 592; Code 1933, § 23-1102; Ga. L. 1969, p. 350, § 1; Ga. L. 1988, p. 586, § 3.)

Editor's notes. - Ga. L. 1988, p. 586, § 7, not codified by the General Assembly, provided that the 1988 amendment of this Code section applied to any vacancy occurring on or after March 30, 1988.

36-7-4. Commissioning of surveyor.

A county surveyor who derives his authority from appointment needs no commission beyond the order of the judge of the probate court entered on his minutes, of which appointment the Governor must be informed without delay.

(Orig. Code 1863, § 545; Code 1868, § 609; Code 1873, § 568; Code 1882, § 568; Civil Code 1895, § 475; Civil Code 1910, § 593; Code 1933, § 23-1103.)

36-7-5. Oath of office; bond and security.

In addition to the oath required of all public officers, the county surveyor must take the following oath before entering on the duties of his office:

"I, ________, swear that I will, to the best of my skill and knowledge, discharge the duties of surveyor of ________ County and that I will not admeasure, survey, or lay out any land, in my capacity as such, or knowingly permit or cause it to be done, without a warrant first obtained for that purpose. So help me God."

At the same time, he shall give bond and security in the sum of $1,000.00.

(Laws 1847, Cobb's 1851 Digest, p. 217; Code 1863, § 546; Code 1868, § 610; Code 1873, § 569; Code 1882, § 569; Civil Code 1895, § 476; Civil Code 1910, § 594; Code 1933, § 23-1104.)

Cross references. - Oaths required of public officers, T. 45, C. 3.

36-7-6. Oath of assistant; entry of appointment of assistant on minutes of probate court.

When an assistant is appointed by the county surveyor, he must take the same oath the county surveyor takes. The fact of his appointment must, at the same time, be entered on the minutes of the judge of the probate court.

(Orig. Code 1863, § 549; Code 1868, § 613; Code 1873, § 572; Code 1882, § 572; Civil Code 1895, § 479; Civil Code 1910, § 597; Code 1933, § 23-1106.)

36-7-7. Place of office.

The county surveyor may keep his office at his place of abode, if within the limits of the county. The county shall not be required to furnish the county surveyor with an office or facilities.

(Orig. Code 1863, § 550; Code 1868, § 614; Code 1873, § 573; Code 1882, § 573; Civil Code 1895, § 480; Civil Code 1910, § 598; Code 1933, § 23-1107; Ga. L. 1966, p. 225, § 2.)

36-7-8. Duties of surveyor generally.

It shall be the duty of the county surveyor:

1. To observe punctually and carry into effect all such orders as he may receive from any officer who may lawfully command him;
2. To partition lands, to make resurveys, to give plats of all surveys, and to administer all oaths required by law in such cases;
3. To survey county lines and district lines and to make other surveys in which his county may be interested whenever required to do so by the county governing authority;
4. To execute all surveys required by the rule or order of any court of competent jurisdiction; and
5. To keep a well-bound book in which shall be entered plats of all surveys made by him with a minute of the names of the chainbearers, when executed, by whose order, and to whom the plat was delivered, if any. Such book shall belong to his office and shall be turned over to his successor; when full, it shall be deposited in the office of the county governing authority.

   (Laws 1783, Cobb's 1851 Digest, p. 668; Laws 1785, Cobb's 1851 Digest, p. 672; Laws 1838, Cobb's 1851 Digest, p. 215; Code 1863, § 551; Code 1868, § 615; Code 1873, § 574; Code 1882, § 574; Civil Code 1895, § 481; Civil Code 1910, § 599; Code 1933, § 23-1108; Ga. L. 1987, p. 3, § 36.)

Cross references. - Duties of county surveyor relating to surveys for homestead purposes, §§ 44-13-5 , 44-13-6 , 44-13-11 , 44-13-12 , 44-13-102 , 44-13-103 .

36-7-9. Establishment of fees.

1. The county surveyor shall be allowed to establish a reasonable fee for each of the following acts:
   1. Surveying a town lot and returning a certificate thereof;
   2. Surveying a tract of land;
   3. Making a plat and recording, advertising, and transmitting the same to the Secretary of State's office;
   4. Making a resurvey of land by order of court;
   5. For every other survey, making and certifying a plat thereof and transmitting the same;
   6. Running lines between counties or districts or making new lines, per day, the county surveyor furnishing the chainbearer and provisions;
   7. Making a plat of homestead, affidavit, and return;
   8. Making each additional plat where there is more than one lot; and
   9. Making any other survey he may be called upon or required to perform.

      The fee established by the county surveyor shall be reasonably equivalent to the same fee which would be charged if the survey had been conducted by a private surveyor.

2. The county surveyor shall be allowed to contract for his services in the same manner as private surveyors, whenever he is called upon or required to make a survey for a private or a corporate benefit or by order of the county governing authority or by order of the court.

   (Laws 1792, Cobb's 1851 Digest, p. 350; Code 1863, § 3626; Code 1868, § 3651; Ga. L. 1870, p. 68, § 1; Code 1873, § 3702; Code 1882, § 3702; Civil Code 1895, § 490; Civil Code 1910, § 608; Code 1933, § 23-1109; Ga. L. 1966, p. 225, §§ 3, 5; Ga. L. 1968, p. 1413, § 1.)

36-7-10. Payment of fees generally.

The fees for surveys made by the county surveyor for private or corporate benefit shall be paid by the person or corporation ordering the survey. The fees for surveys made by order of the county governing authority shall be paid out of county funds. The fees for surveys made by order of court, unless otherwise agreed upon, are to be taxed in the bill of costs and shall have the effect of a judgment lien upon the land surveyed, if not paid by the party bound for costs.

(Orig. Code 1863, § 552; Code 1868, § 616; Code 1873, § 575; Code 1882, § 575; Civil Code 1895, § 482; Civil Code 1910, § 600; Code 1933, § 23-1110.)

36-7-11. Issuance of execution for fees.

A county surveyor who makes a survey for a person who neglects to pay him may make oath before the judge of the probate court of his county of the performance of such service and its value. The judge of the probate court shall thereupon issue a fi. fa. in his name for the use of the surveyor, against the person defaulting. Such person may defend himself therefor in the same manner as persons against whom executions issue for detaining county funds.

(Orig. Code 1863, § 554; Code 1868, § 618; Code 1873, § 577; Code 1882, § 577; Civil Code 1895, § 483; Civil Code 1910, § 608; Code 1933, § 23-1111.)

Cross references. - Filing of affidavit of illegality by person against whom execution has been issued for holding county money, § 48-5-239 .

36-7-12. Surveys or plats deemed presumptive evidence of facts.

Surveys or plats of lands within his county, made by the county surveyor under order of court and on notice to all the parties, signed by him officially, and stating the contents, courses, and distances of any land surveyed by him are presumptive evidence of the facts if all the requisites of the law touching such surveys and the reports thereof are complied with.

(Orig. Code 1863, § 555; Code 1868, § 619; Code 1873, § 578; Code 1882, § 578; Civil Code 1895, § 484; Civil Code 1910, § 602; Code 1933, § 23-1112.)

36-7-13. Persons who may perform duties of office when there is no county surveyor; oath; liability.

1. When there is no county surveyor, any person who is a citizen of this state and who holds a current and valid certificate of registration as a land surveyor issued by the State Board of Registration for Professional Engineers and Land Surveyors may perform the duties of county surveyor, when specifically required or appointed to do so, if first sworn to do the same faithfully and impartially, to the best of his skill and knowledge.
2. Persons performing such service are on the same footing as county surveyors as to the special service rendered and are personally liable as such surveyors are officially liable.

   (Orig. Code 1863, §§ 556, 557; Code 1868, §§ 620, 621; Code 1873, §§ 579, 580; Code 1882, §§ 579, 580; Civil Code 1895, §§ 485, 486; Civil Code 1910, §§ 603, 604; Code 1933, §§ 23-1113, 23-1114; Ga. L. 1973, p. 636, § 1.)

Cross references. - Certification of land surveyors by State Board of Registration for Professional Engineers and Land Surveyors, T. 43, C. 15.

36-7-14. Appointment of disinterested surveyor; oath.

When any county surveyor is interested in any survey to be made, the judge of the superior court or the judge of the probate court of the county in which the land is located, upon the application of any party in interest, shall appoint a competent, disinterested surveyor or, in his discretion, may appoint the surveyor of any adjoining county to make the survey. If the surveyor appointed is not a county surveyor, before entering on the survey, he shall subscribe before some judicial officer of the county the oath required of county surveyors. The rights, powers, and duties of the surveyor so appointed shall be the same as those of the county surveyor. The return of the surveyor shall have the same force and effect as do other surveys.

(Ga. L. 1882-83, p. 104, §§ 1, 2; Civil Code 1895, §§ 487, 488; Civil Code 1910, §§ 605, 606; Code 1933, §§ 23-1115, 23-1116.)

36-7-15. Removal of surveyor from office.

The county surveyor, whether elected or appointed, may be removed by the judge of the probate court for want of capacity, in the same fashion as clerks of the superior courts are removed in the superior court. This cause of removal shall be in addition to the causes which apply to all public officers.

(Orig. Code 1863, § 547; Code 1868, § 611; Code 1873, § 570; Code 1882, § 570; Civil Code 1895, § 477; Civil Code 1910, § 595; Code 1933, § 23-1117.)

Cross references. - Removal of clerks of superior courts, § 15-6-82 .

36-7-16. Penalty for making false survey.

Any county surveyor or other person acting as such who knowingly surveys nonvacant land as vacant land or makes any other false survey shall be guilty of a misdemeanor.

(Orig. Code 1863, § 558; Code 1868, § 622; Code 1873, § 581; Code 1882, § 581; Civil Code 1895, § 489; Penal Code 1895, § 278; Civil Code 1910, § 607; Penal Code 1910, § 282; Code 1933, § 23-9903.)

36-8-1. Election or appointment of county police; qualifications.

1. The county governing authority shall have authority to elect or appoint such number of county police as in its discretion it deems proper, provided that the county governing authority complies with the provisions of this Code section. Any person elected or appointed to the county police shall possess the qualifications prescribed in Code Section 35-8-8.
2. 1. Each county governing authority may authorize, through proper resolution or ordinance, the creation of a county police force.  No resolution or ordinance adopted pursuant to this paragraph shall become effective until the governing authority of the county has submitted to the qualified electors of the county the question of whether the resolution or ordinance shall be approved or rejected.  The county governing authority shall establish the date of the election in compliance with Code Section 21-2-540, which shall be not less than 30 days after the call of the election, and shall notify the county election superintendent of its decision as to the date.  The election superintendent shall issue the call for the election and shall specify that the election shall be held on the date determined by the county governing authority.  The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county.  The ballot shall have written or printed thereon the following:
   2. Those persons desiring to vote in favor of the creation of a county police force shall vote "Yes," and those persons opposed to the creation of a county police force shall vote "No."  If more than one-half of the votes cast on the question are in favor of the creation of a county police force, then the county governing authority shall be authorized to create a county police force pursuant to the provisions of this chapter; otherwise, a county police force shall not be created.  If the resolution or ordinance is rejected by the qualified electors, the question of the creation of a county police force may not again be submitted to the voters of the county within 48 months immediately following the month in which such election was held.  The county election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections, except as otherwise provided in paragraph (1) of this subsection.  He shall canvass the returns and declare and certify the result of the election to the Secretary of State.  The expense of any such election shall be borne by the county wherein the election was held.
3. The provisions of subsection (b) of this Code section shall not apply to any county which has created a county police force prior to January 1, 1992, which county police force remains in existence and operational.
4. Any county police force created by a county governing authority between January 1, 1992, and February 25, 1992, shall be abolished no later than December 31, 1992, unless, prior to said latter date, a resolution or ordinance authorizing the creation of a county police force is adopted by the county governing authority and approved by the qualified electors of the county in a special election as provided in subsection (b) of this Code section.

   (Ga. L. 1909, p. 156, § 1; Civil Code 1910, § 849; Ga. L. 1914, p. 142, § 1; Code 1933, § 23-1401; Ga. L. 1992, p. 324, § 1; Ga. L. 2020, p. 493, § 36/SB 429.)

"( ) YES Shall the resolution or ordinance adopted by the governing authority of ( Name of County ) to create a ( ) NO county police force be approved?"

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, inserted "of this Code section" near the beginning of subsection (c).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "February 25, 1992," was substituted for "the effective date of this Code section" in subsection (d).

Law reviews. - For survey article on local government law, see 59 Mercer L. Rev. 285 (2007) and 60 Mercer L. Rev. 263 (2008).

36-8-2. Terms of office; removal; authority to abolish county police force.

The terms for which county police shall be elected or appointed shall be left to the discretion of the county governing authority. Such county police or any member thereof may be removed from office at any time, at the will of the county governing authority, with or without cause. A resolution or ordinance authorizing the creation of a county police force adopted by a county governing authority and approved by the qualified electors of the county in a special election as provided in subsection (b) of Code Section 36-8-1 shall not affect the power of the county governing authority to abolish a county police force at any time.

(Ga. L. 1909, p. 156, § 7; Civil Code 1910, § 855; Ga. L. 1914, p. 142, § 7; Code 1933, § 23-1407; Ga. L. 1992, p. 324, § 2.)

36-8-3. Bonds and actions thereon.

Upon the election of county police, each of them shall enter into a good and solvent bond, in a sum of not less than $1,000.00, to be fixed by the county governing authority, conditioned for the faithful performance of all their duties. Anyone injured or damaged by any one of such county police may bring an action upon his bond in his name or in the name of the county governing authority for his benefit or use.

(Ga. L. 1909, p. 156, § 6; Civil Code 1910, § 854; Ga. L. 1914, p. 142, § 6; Code 1933, § 23-1406.)

Law reviews. - For article on bond liability and righting the wrongs of Georgia local government officers, see 13 Ga. L. Rev. 747 (1979).

36-8-4. Establishment of salaries; payment; tax levy.

The county governing authority shall fix the salaries of the county police, which salaries, together with the expense of maintaining the police, shall be paid out of the county treasury. The county governing authority is authorized to levy such tax as may be necessary to pay such salaries and expenses over and above the sums for which it is otherwise authorized to levy a tax.

(Ga. L. 1909, p. 156, § 2; Civil Code 1910, § 850; Ga. L. 1914, p. 142, § 2; Code 1933, § 23-1402.)

Cross references. - Authority of counties to exercise power of taxation, Ga. Const. 1983, Art. IX, Sec. IV, Paras. I-III.

36-8-5. Powers of county police generally.

Under the direction and control of the county governing authority, the county police shall have:

1. The same power to make arrests and to execute and return criminal warrants and processes in the county of their election or appointment only, as sheriffs have; and
2. All the powers of sheriffs as peace officers in the county of their election or appointment.

   (Ga. L. 1909, p. 156, § 3; Civil Code 1910, § 851; Ga. L. 1914, p. 142, § 3; Code 1933, § 23-1403; Ga. L. 1961, p. 217, § 1.)

36-8-6. Abolishment of county police departments.

1. After a county police department is created pursuant to this chapter, it may be abolished by:
   1. A local Act of the General Assembly; or
   2. A resolution of the governing authority of the county.
2. A local Act or resolution of the county governing authority to abolish a county police department pursuant to subsection (a) of this Code section shall be conditioned upon approval of such local Act or resolution of the county governing authority by the electors of the county voting in a referendum.
3. If such local Act or resolution of the county governing authority is approved by the electors of the county, the county police department shall be abolished 180 days following such referendum. At such time, all property, equipment, records, documents, funds, and other items in the possession or control of the county police department shall be transferred to the sheriff of the county.
4. This Code section shall be repealed by operation of law on January 1, 2022. (Code 1981, § 36-8-6 , enacted by Ga. L. 2020, p. 912, § 1/SB 38.) This Code section formerly pertained to inspection of and reports on roads and bridges. The former Code section was based on Ga. L. 1909, p. 156, § 4; Civil Code 1910, § 852; Ga. L. 1914, p. 142, § 4; Code 1933, § 23-1404, and was repealed by Ga. L. 2005, p. 529, § 1/HB 557, effective May 1, 2005, and was reserved by Ga. L. 2012, p. 775, § 36/HB 942, effective July 1, 2012.

Effective date. - This Code section became effective August 5, 2020.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2020, "Code section" was substituted for "Act" in subsection (d).

Editor's notes. - Ga. L. 2012, p. 775, § 36/HB 942, reserved the designation of this Code section, effective July 1, 2012.

36-8-7. Rules and regulations for conduct, management, and control of county police.

Upon the election or appointment of county police, the county governing authority shall make rules and regulations for the conduct, management, and control of such county police and shall, from time to time, enlarge, modify, or change such rules and regulations as its discretion may dictate.

(Ga. L. 1909, p. 156, § 5; Civil Code 1910, § 853; Ga. L. 1914, p. 142, § 5; Code 1933, § 23-1405.)

36-9-1. Vesting in county of title under conveyances for use of county.

All deeds, conveyances, grants, or other instruments which have been or may be made to any officer or person for the use and benefit of any county shall vest in the county the title as fully as if made to the county by name.

(Orig. Code 1863, § 466; Code 1868, § 528; Code 1873, § 494; Code 1882, § 494; Civil Code 1895, § 347; Civil Code 1910, § 395; Code 1933, § 91-601.)

36-9-2. Control and disposal of county property generally.

The county governing authority shall have the control of all property belonging to the county and may, by order entered on its minutes, direct the disposal of any real property which may lawfully be disposed of and make and execute good and sufficient title thereof on behalf of the county.

(Orig. Code 1863, § 467; Code 1868, § 529; Code 1873, § 495; Code 1882, § 495; Civil Code 1895, § 348; Civil Code 1910, § 396; Code 1933, § 91-602; Ga. L. 1935, p. 110, § 1.)

36-9-2.1. Demolition of certain county courthouses.

1. Notwithstanding the provisions of Code Section 36-9-2, a county governing authority shall not have the authority to demolish or to provide for the demolition of a county courthouse which was constructed prior to January 1, 1905, and which is listed in the National Register of Historic Places unless the question of whether or not to demolish the courthouse is submitted to the qualified voters of the county for approval or rejection in a referendum called for such purpose.
2. The ballot in the referendum required by subsection (a) of this Code section shall have written or printed thereon the words:
3. A referendum held pursuant to this Code section shall be conducted only in conjunction with a general primary or general election and shall be conducted in accordance with the provisions of Chapter 2 of Title 21, the "Georgia Election Code." (Code 1981, § 36-9-2.1 , enacted by Ga. L. 1990, p. 133, § 1.)

"( ) YES Shall the demolition of the ( Name of County ) courthouse, as proposed by the governing authority of ( Name of County ), be approved?" ( ) NO

36-9-3. Sale or disposition of county real property generally; right of certain counties to make private sale; right of county to negotiate and consummate private sales of recreational set-asides.

1. 1. Except as otherwise provided in this Code section, the governing authority of any county disposing of any real property of such county shall make all such sales to the highest responsible bidder, either by sealed bids or by auction after due notice has been given.  Any such county shall have the right to reject any and all bids or cancel any proposed sale.  The governing authority of the county shall cause notice to be published once in the official legal organ of the county or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a legal description of the property to be sold.  If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids.  If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale.  Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice.  A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened.
   2. 1. Counties may retain the services of a Georgia licensed real estate broker to assist in the disposition of surplus real property; said brokerage services shall be procured by request for proposals in response to an issued solicitation. The proposal shall include the minimum stated broker qualifications and experience.
      2. In the event a county does retain the services of a qualified and experienced Georgia licensed real estate broker to assist in the disposition of surplus real property, the broker so retained shall:
         1. Represent the county and comply with the requirements of this Code section, including, but not limited to, issuing a call or request for sealed bids from the public and causing notice to be published once in the official legal organ of the county not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a legal description of the real property to be sold. The notice shall also contain a request for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids;
         2. Actively market the disposition of the real property;
         3. Comply with all federal, state, and local laws;
         4. Create a website which posts: the request for sealed bids; questions submitted by interested parties; responses to submitted questions as prepared by the county; dates the real property will be made available for public inspection; public information regarding the property; and other related communication and marketing information;
         5. Immediately forward the sealed bids to the governing authority of the county, which shall open such bids at the specified date, time, and place;
         6. Only serve in the capacity of a broker engaged by a seller as provided for in Code Section 10-6A-5. A real estate broker representing a county shall be prohibited from working with or aiding a prospective buyer in connection with the disposition of real property for which the real estate broker was contracted; and
         7. Agree to accept the agreed upon sales commission based on the highest responsive bid received as so adjudicated by the governing authority of the county, in its sole discretion.
      3. In the event the county decides to reject all bids and not award the sale to any of the bidders, the broker shall agree to accept the minimum payment in lieu of the commission as so agreed upon by the parties in an engagement contract.
   3. This subsection shall not apply to:
      1. Redemption of property held by any county under a tax deed; the granting of easements and rights of way; the sale, conveyance, or transfer of road rights of way; the sale, transfer, or conveyance to any other body politic; and any sale, transfer, or conveyance to a nonprofit corporation in order to effectuate a lease-purchase transaction pursuant to Code Section 36-60-13;
      2. Any option to sell or dispose of any real property belonging to any county of this state if that option was granted by said county prior to March 17, 1959;
      3. The sale of any real property belonging to any county in this state where the proper governing authority of the county advertised the property for ten consecutive days in the newspaper in which the sheriff's advertisements for the county are published, and where the sale was awarded thereafter to the highest and best bidder, in accordance with the terms of the advertisement, and an option given in accordance with the sale for the purchaser who had deposited a part of the purchase price to pay the balance within 365 days from the date of the execution of the option, where the sale was awarded and the option granted prior to May 1, 1961; or
      4. The exchange of real property belonging to any county in this state for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the county; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the county once a week for four weeks. The value of both the property belonging to the county and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said county.
2. In any county of the state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, where the governing authority thereof has established or constituted an advisory commission, board, or authority to study and make recommendations for the future development, use, and sale of county owned property, the governing authority of such county shall have the right, with the advice and approval of such commission, board, or authority, to negotiate and consummate a private sale of any county owned property, notwithstanding the provisions of subsection (a) of this Code section. Where there is no commission, board, or authority established in such county for the particular class or type of property, the governing authority of such county shall nevertheless have the right to negotiate a private sale of any county owned property with the advice and approval of the grand jury.
3. 1. Any county governing authority and the governing authority of any consolidated government may sell, grant, lease, rent, convey, or transfer any real property owned by the county or consolidated government, including real property dedicated or used as a park or recreation area, to the local board of education or other public educational institution for use as a site for a public school or other educational purpose. Any county governing authority and the governing authority of any consolidated government may sell, grant, convey, or transfer to the local board of education or other public educational institution licenses, easements, or lesser interests in such real property owned by the county or the consolidated government, including real property dedicated or used as a park or recreation area for such purposes. A county governing authority and the governing authority of any consolidated government are authorized to exchange real property, including real property dedicated or used as a park or recreation area, with the local board of education or other public educational institution for other real property for such purposes. Such a sale, grant, lease, rental, conveyance, or transfer may be made by negotiation between the governing authority and local board of education or other public educational institution without advertisement, bidding, auction, notice, publication, or referendum. This subsection shall not be construed to abrogate or impair any reverter provision or other condition of a sale, grant, conveyance, or transfer of real property to a county governing authority or governing authority of a consolidated government.
   2. Prior to executing any sale, grant, lease, rental, conveyance, or transfer pursuant to the provisions of paragraph (1) of this subsection, the governing authority proposing such action shall hold a public hearing in the immediate vicinity of the affected property. Such hearing shall be advertised by posting conspicuous notice at the place of the hearing and at the affected property. The governing authority shall have at least one representative at the public hearing to receive the comments and concerns expressed and to report such comments and concerns to the governing authority.
   3. After the public hearing provided in paragraph (2) of this subsection but before the action proposed under paragraph (1) of this subsection, the governing authority proposing the action shall hold at least one meeting to discuss the transaction in light of the comments and concerns expressed at the public hearing.
4. Notwithstanding subsection (a) of this Code section, where the governing authority has, prior to March 1, 1987, approved and recommended the sale or disposal of county owned real property containing an area of less than 20,000 square feet, the governing authority shall have the right to negotiate and consummate a private sale of such property, provided such sale is for at least the fair market value of the property. Notice of the intention of the county governing authority to make a private sale shall be published once a week for four weeks in the official organ of the county.
5. Notwithstanding subsection (a) of this Code section, where the governing authority has prescribed a system of recreational set-asides where developers are required to set aside a certain amount of property in each new subdivision for recreational purposes and where those recreational set-asides have been conveyed to the county governing authority at no cost to the county, the county governing authority shall have the right to negotiate and consummate a private sale of such property to a homeowners' association representing the majority of property owners in the subdivision where the recreational set-aside property is located, provided that the use of the property shall be for recreational purposes for a period of not less than five years from the date of the sale. Notice of intention of the county governing authority to make a private sale shall be published once a week for four weeks in the official organ of the county.
6. Notwithstanding any provision of this Code section to the contrary or any other provision of law or ordinance to the contrary, whenever any county determines that the establishment of a facility of the state or one of its authorities or other instrumentalities would be of benefit to the county, by way of providing activities in an area in need of redevelopment, by continuing or enhancing local employment opportunities, or by other means or in other ways, such county may sell or grant any of its real or personal property to the state or to any of its authorities or instrumentalities and, further, may sell or grant such lesser interests, rental agreements, licenses, easements, and other dispositions as it may determine necessary or convenient.  These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way.
7. 1. As used in this subsection, the term "lake" means an impoundment of water in which at least 1,000 acres of land were to be submerged.
   2. Notwithstanding any provision of this Code section or any other law to the contrary, whenever any county has acquired property for the creation or development of a lake, including but not limited to property the acquisition of which was reasonably necessary or incidental to the creation or development of that lake, and the governing authority of such county thereafter determines that all of the property is no longer needed because of a decision by the county to not construct the lake, that county is authorized to dispose of such property or interest therein as provided in this subsection.
   3. 1. In disposing of property, as authorized under this subsection, the county shall notify the owner of such property at the time of its acquisition or, if the tract from which the county acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the county acquired its property. Any notice required pursuant to this subparagraph shall be in writing and delivered to the appropriate owner or by publication if such owner's address is unknown.  Such owner shall have the right to acquire such property, as provided in this subsection.
      2. If the original owner of the property at the time of the county's acquisition of such property is deceased, the original owner's spouse, child, or grandchild shall have the first opportunity to purchase the property which the county is disposing of pursuant to this subsection; provided, however, the owner's child shall have such right only if the owner's spouse is deceased or has waived his or her right to purchase the property, and the owner's grandchild shall have such right only if both the owner's spouse and child  either are deceased or have waived their right to buy the property.  If the original owner's spouse is deceased and the original owner had more than one child or grandchild and such children or grandchildren have a right to purchase the property pursuant to this paragraph, then such children or grandchildren shall be entitled to purchase the property as tenants in common. The county shall place a notice of a sale proposed pursuant to this subparagraph once in the county legal organ.  If after 45 days from the date of such publication the original owner's spouse, child, or grandchild has not come forward, or if the tract from which the county acquired its property has been subsequently sold, the county shall notify the owner of abutting land holding title through the owner from whom the county acquired its property as provided in subparagraph (A) of this paragraph.  Publication pursuant to this subparagraph, if necessary, shall be in a newspaper of general circulation in the county where the property is located.
   4. When an entire parcel acquired by the county or any interest therein is being disposed of, it may be acquired under the right created in paragraph (3) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition.  When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the county decides the property is no longer needed.
   5. If the right of acquisition is not exercised within 60 days after due notice, the county shall proceed to sell such property as provided in subsection (a) of this Code section. The county shall thereupon have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale.
8. Notwithstanding any provision of this Code section or of any other law, ordinance, or resolution to the contrary, a county governing authority is authorized to sell and convey parcels of small or narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances or land use plans, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner's property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids; provided, however, that each abutting property owner shall be notified of the availability of the property and shall have the opportunity to purchase said property under such terms and conditions as set out by ordinance.
9. 1. As used in this subsection, the terms "conservation easement" and "holder" shall have the meanings as set forth in Code Section 44-10-2.
   2. Notwithstanding any provision of this Code section or of any other law, ordinance, or resolution to the contrary, whenever the governing authority of any county determines that the establishment of a conservation easement would be of benefit to the county and to its citizens by way of retaining or protecting natural, scenic, or open-space values of real property; assuring the availability of the property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of the property, such governing authority may sell or grant to any holder a conservation easement over any of its real property, including but not limited to any of its real property set aside for use as a park. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way; provided, however, that a conservation easement shall not be created, granted, or otherwise conveyed for the purpose of preventing, frustrating, or interfering with the exercise of the power of eminent domain by any public utility or other entity authorized to exercise the power of eminent domain.

      (Code 1933, § 91-804.1, enacted by Ga. L. 1959, p. 325, § 1; Ga. L. 1960, p. 1124, § 1; Ga. L. 1961, p. 195, § 1; Ga. L. 1962, p. 65, § 1; Ga. L. 1965, p. 239, § 1; Ga. L. 1971, p. 678, § 1; Ga. L. 1972, p. 560, § 1; Ga. L. 1981, p. 539, § 1; Ga. L. 1982, p. 2107, § 33; Ga. L. 1983, p. 3, § 27; Ga. L. 1987, p. 3, § 36; Ga. L. 1987, p. 1100, § 1; Ga. L. 1988, p. 676, § 1; Ga. L. 1990, p. 877, § 1; Ga. L. 1992, p. 1348, § 1; Ga. L. 1992, p. 1352, §§ 1, 2; Ga. L. 1994, p. 237, § 2; Ga. L. 1998, p. 1036, § 1; Ga. L. 2010, p. 746, § 1/HB 703; Ga. L. 2010, p. 1078, § 1/SB 390; Ga. L. 2018, p. 255, § 1/SB 397.)

The 2018 amendment, effective July 1, 2018, added paragraph (a)(2); and redesignated former paragraph (a)(2) as present paragraph (a)(3).

Cross references. - Disposition of property no longer needed for public road purposes, see T. 32, C. 7.

Code Commission notes. - Ga. L. 1992, p. 1348, § 1, and Ga. L. 1992, p. 1352, § 2, both added a new subsection (g). Pursuant to Code Section 28-9-5, in 1992, the subsection as added by Ga. L. 1992, p. 1352, § 2 was redesignated as subsection (h).

36-9-4. Maintenance of insurance on books of laws and court reports.

The officer having charge of the financial affairs of each county shall keep insured, at a fair valuation against loss by fire, all volumes of the public laws and decisions of the Supreme Court and the Court of Appeals which have been furnished to the judge of the probate court and the clerk of the superior court of his county. Such policies of insurance shall be in the name of the county. The premiums therefor shall be paid out of the funds of the county. In the event of any loss or damage by fire, the county governing authority shall proceed to collect the amount of loss on the policy; when so collected, the proceeds thereof shall be used in supplying new books of the kind lost or injured, insofar as the proceeds may be sufficient to do so.

(Ga. L. 1882-83, p. 132, §§ 1, 2; Civil Code 1895, §§ 349, 350; Civil Code 1910, §§ 397, 398; Code 1933, §§ 91-603, 91-604.)

Cross references. - Property insurance, T. 33, C. 32.

36-9-5. Erection, repair, and furnishing of county buildings; storage of county documents.

1. It is the duty of the county governing authorities to erect or repair, when necessary, their respective courthouses and jails and all other necessary county buildings and to furnish each with all the furniture necessary for the different rooms, offices, or cells.
2. The county buildings shall be erected and kept in order and repaired at the expense of the county under the direction of the county governing authority which is authorized to make all necessary contracts for that purpose.
3. 1. As used in this subsection, the term "county document" means:
      1. Records documenting property rights, deeds, and wills; and
      2. Tax records documenting ownership of property and the latest valuations of property.
   2. A county officer, the county board of tax assessors, or any other officer of the county having the responsibility or custody of any county documents set forth in paragraph (1) of this subsection shall, at night or when the county office is closed, keep such county documents:
      1. In a fireproof safe or vault;
      2. In fireproof cabinets;
      3. On microfilm, pursuant to the standards set forth in Article 6 of Chapter 18 of Title 50, only if a security copy has been sent to the Georgia State Archives;
      4. At a location not more than 100 miles from the county in a data storage and retrieval facility approved by the county governing authority within the State of Georgia which is in a building or facility which is in compliance with the fire safety standards applicable to archives and record centers as established by the National Fire Protection Association in Standard No. 232, as such standard was adopted on August 11, 1995. If documents are stored outside the county where the documents were created, the government entity shall bear all costs of transporting such documents back to the county of origin for purposes of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records. Such documents shall be made available to the requester; or
      5. On any other electronic imaging medium that facilitates retrieval of such documents via electronic means, provided that such medium enables conversion of such documents to future electronic imaging technologies and provided that such custodian creates a daily computer-based backup of all archival documents stored on such medium.
   3. It is the duty of the county governing authorities to furnish the necessary fireproof equipment, microfilming equipment and supplies, or some other safe facility for such county documents.
   4. On and after January 1, 1985, county documents shall be stored only in accordance with the provisions of this subsection. The local fire marshal in each county shall monitor the various county offices in the county to assure compliance with the provisions of this subsection.

      (Laws 1796, Cobb's 1851 Digest, p. 182; Code 1863, §§ 468, 469; Code 1868, §§ 530, 531; Code 1873, §§ 496, 497; Code 1882, §§ 496, 497; Civil Code 1895, §§ 351, 352; Civil Code 1910, §§ 399, 400; Code 1933, §§ 91-701, 91-702; Ga. L. 1983, p. 653, § 2; Ga. L. 1997, p. 925, § 3; Ga. L. 2012, p. 173, § 1-32/HB 665.)

Law reviews. - For survey article on local government law, see 59 Mercer L. Rev. 285 (2007) and 60 Mercer L. Rev. 263 (2008).

36-9-6. Courthouse rooms to be used by county officers.

The county governing authority shall designate the rooms in the courthouse to be occupied by each of the county officers and enter the same on its minutes, which it may change from time to time as convenience may require.

(Orig. Code 1863, § 470; Code 1868, § 532; Code 1873, § 498; Code 1882, § 498; Civil Code 1895, § 353; Civil Code 1910, § 401; Code 1933, § 91-703.)

36-9-7. Furnishing of supplies for county offices.

It shall be the duty of the county governing authority to furnish fuel, lights, furniture, stationery, records, and office supplies in general for the different county offices of the county, at the expense of the county, provided that this Code section shall apply only to the offices of the officers in the courthouse in the county.

(Ga. L. 1901, p. 62, § 1; Civil Code 1910, § 402; Code 1933, § 91-704.)

36-9-8. Protection of county property by sheriff.

The public grounds and other county property are placed in the keeping of the sheriff of the county, subject to the order of the county governing authority; and it is his or her duty to preserve them from injury or waste and to prevent intrusions upon them.

(Orig. Code 1863, § 471; Code 1868, § 533; Code 1873, § 499; Code 1882, § 499; Civil Code 1895, § 354; Civil Code 1910, § 403; Code 1933, § 91-705; Ga. L. 2006, p. 560, § 2/SB 462.)

36-9-9. Construction of county jails.

The county jails hereafter constructed shall be of sufficient size and strength to contain and keep securely the prisoners who may be confined therein and shall contain at least two apartments, one for males and one for females, which are properly ventilated so as to secure the health of those confined therein.

(Orig. Code 1863, § 473; Code 1868, § 535; Code 1873, § 501; Code 1882, § 501; Civil Code 1895, § 355; Civil Code 1910, § 404; Code 1933, § 91-706.)

Cross references. - Jails generally, T. 42, C. 4.

State and county correctional institutions generally, T. 42, C. 5.

36-9-10. Inspection of county buildings, property, and records by grand jury.

Reserved. Repealed by Ga. L. 1994, p. 607, § 12, effective July 1, 1994.

Editor's notes. - This Code section was based on Orig. Code 1863, § 476; Code 1868, § 538; Code 1873, § 504; Code 1882, § 504; Civil Code 1895, § 359; Civil Code 1910, § 408; Code 1933, § 91-708; Ga. L. 1985, p. 1053, § 2.

36-9-11. Destruction or damaging of any county building or its appurtenances or furniture.

Any person who designedly destroys, injures, or defaces any public building or its appurtenances or furniture or uses the same for an indecent purpose shall be liable for the damages and shall be guilty of a misdemeanor.

(Orig. Code 1863, § 472; Code 1868, § 534; Code 1873, § 500; Code 1882, § 500; Civil Code 1895, § 358; Penal Code 1895, § 725; Civil Code 1910, § 407; Penal Code 1910, § 777; Code 1933, §§ 91-707, 91-9903.)

Cross references. - Criminal penalty for destroying, damaging, or otherwise affecting government property, § 16-7-24 .

36-10-1. Contracts to be in writing and entered on minutes.

All contracts entered into by the county governing authority with other persons in behalf of the county shall be in writing and entered on its minutes.

(Orig. Code 1863, § 465; Code 1868, § 527; Code 1873, § 493; Code 1882, § 493; Civil Code 1895, § 343; Civil Code 1910, § 386; Code 1933, § 23-1701.)

Law reviews. - For article surveying important general legal principles of municipal and county government purchasing and contracting in Georgia, see 16 Mercer L. Rev. 371 (1965). For article surveying 1979 developments in Georgia contract law, see 31 Mercer L. Rev. 27 (1979). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For article surveying Georgia cases in the area of county contracts from June 1979 through May 1980, see 32 Mercer L. Rev. 283 (1980). For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006). For survey article on local government law, see 59 Mercer L. Rev. 285 (2007) and 60 Mercer L. Rev. 263 (2008). For annual survey on local government law, see 65 Mercer L. Rev. 205 (2013).

36-10-2. Letting of contracts for public works.

Reserved. Repealed by Ga. L. 2000, p. 498, § 2, effective April 20, 2000.

Editor's notes. - This Code section was based on Ga. L. 1878-79, p. 159, § 1; Ga. L. 1880-81, p. 183, § 1; Code 1882, § 493a; Civil Code 1895, § 344; Civil Code 1910, § 387; Code 1933, § 23-1702; Ga. L. 1982, p. 3, § 36; Ga. L. 1989, p. 356, § 4.

36-10-2.1. Letting by counties with population of 800,000 or more.

In any county of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, contracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the governing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bidder is responsible, may consider the bidder's quality of work, general reputation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan.

(Code 1981, § 36-10-2.1 , enacted by Ga. L. 1986, p. 309, § 1; Ga. L. 1987, p. 166, § 1; Ga. L. 2002, p. 1473, § 1.)

36-10-2.2. Letting by certain counties with population of more than 150,000.

In any county having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 according to the United States decennial census of 1980 or any future such census, contracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the governing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bidder is responsible, may consider the bidder's quality of work, general reputation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan.

(Code 1981, § 36-10-2.2 , enacted by Ga. L. 1988, p. 989, § 1.)

36-10-3 through 36-10-5.

Repealed by Ga. L. 2000, p. 498, § 2, effective April 20, 2000.

Editor's notes. - Former Code Sections 36-10-3 through 36-10-5, relating to contracts for public works, were based on Ga. L. 1878-79, p. 159, § 3, p. 160, §§ 2, 4; Code 1882, §§ 493b-493d; Ga. L. 1889, p. 49, § 1; Civil Code 1895, §§ 345, 346; Penal Code 1895, § 279; Civil Code 1910, §§ 388, 389; Penal Code 1910, § 283; Ga. L. 1920, p. 58, § 1; Code 1933, §§ 23-1703, 23-1704, 23-9904; Ga. L. 1939, p. 193, § 1; Ga. L. 1967, p. 547, § 1; Ga. L. 1969, p. 954, § 1; Ga. L. 1978, p. 2029, § 1; Ga. L. 1980, p. 534, § 1; Ga. L. 1987, p. 641, § 1; Ga. L. 1989, p. 278, § 2; Ga. L. 1989, p. 356, § 5.

Ga. L. 2020, p. 493, § 36/SB 429, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, deleted the reservation of this Code section.

36-11-1. Time for presentation of claims.

All claims against counties must be presented within 12 months after they accrue or become payable or the same are barred, provided that minors or other persons laboring under disabilities shall be allowed 12 months after the removal of the disability to present their claims.

(Orig. Code 1863, § 479; Code 1868, § 541; Code 1873, § 507; Code 1882, § 507; Civil Code 1895, § 362; Civil Code 1910, § 411; Code 1933, § 23-1602.)

Law reviews. - For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For article surveying developments in Georgia torts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 247 (1981). For survey article on local government law, see 34 Mercer L. Rev. 225 (1982). For article, "Claims Against Counties: The Difference a Year Makes," see 36 Mercer L. Rev. 1 (1984). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B. J. 24 (1985). For annual survey on local government law, see 42 Mercer L. Rev. 359 (1990). For annual survey on law of torts, see 42 Mercer L. Rev. 431 (1990). For survey article on local government law, see 67 Mercer L. Rev. 147 (2015). For annual survey on trial practice and procedure, see 67 Mercer L. Rev. 257 (2015).

36-11-2. Audit and registration of claims against county; issuance of order on treasurer for claim; specification of fund on which order drawn.

Except where otherwise provided by law, each county governing authority shall audit all claims against its respective county. Every such claim, or such part as may be allowed, must be registered. The county governing authority or its clerk must give the claimant an order on the treasurer for the same; in the order, it shall specifically designate upon what particular fund such order is drawn, out of which payment is to be made.

(Orig. Code 1863, § 478; Code 1868, § 540; Ga. L. 1871-2, p. 69, § 1; Code 1873, § 506; Code 1882, § 506; Civil Code 1895, § 361; Civil Code 1910, § 410; Code 1933, § 23-1601.)

36-11-3. When orders to be paid; registration of orders issued.

No order shall be paid until after five days from its date and delivery, unless otherwise specially ordered. In the meantime, the county governing authority may furnish the county treasurer with a full statement of all orders issued, which shall be immediately registered by him; when so registered, such orders shall be paid according to law, without further notice to the treasurer previous to the time of payment.

(Orig. Code 1863, § 531; Code 1868, § 595; Code 1873, § 557; Code 1882, § 557; Civil Code 1895, § 464; Civil Code 1910, § 580; Code 1933, § 23-1605.)

36-11-4. Order in which county debts paid.

1. When there are enough funds to pay all outstanding orders and other forms of indebtedness due which the treasurer is authorized to pay, such debts may be paid indiscriminately without regard to their dates. When there are enough funds to pay all forms of indebtedness dated prior to some particular date, all such forms of indebtedness may likewise be paid indiscriminately. When there are insufficient funds to pay all forms of indebtedness of equal degree, they shall be paid ratably. Under all other circumstances, debts should be paid in the order of their dates.
2. If any person holding county orders fails to present them by December 1 to the county treasurer for payment, such orders shall be postponed in favor of all orders which were so presented and were not paid for want of funds.

   (Orig. Code 1863, §§ 530, 532; Code 1868, §§ 594, 596; Code 1873, §§ 556, 558; Code 1882, §§ 556, 558; Civil Code 1895, §§ 463, 465; Civil Code 1910, §§ 579, 581; Code 1933, §§ 23-1604, 23-1607.)

36-11-5. Interest on orders presented and not paid.

1. On December 1 of each year, the county treasurer and the county governing authority shall together make an entry of all orders entitled to payment which were not so presented for payment and what orders not of equal dignity have been paid instead, in whole or in part, and what other orders are entitled to payment before such nonpresented orders. Persons holding such orders who present them without receiving payment before such day may have the treasurer annually mark thereon "Presented," the day of presentation, and that they were not paid for want of funds. Such county orders, when legally issued and duly presented, as provided in this Code section, and not paid for want of funds, shall bear interest at such rate as may be prescribed by the county governing authority, by resolution duly adopted and entered upon the minutes of the county governing authority, which rate of interest shall in no event be more than 7 percent per annum from date of entry of presentation and nonpayment for want of funds. The rate so fixed shall be plainly written or printed upon the face of the order. However, interest shall not be paid on such warrant or warrants after July 1 following the year in which they were presented unless the warrant or warrants are again presented and payment is refused for want of funds. The treasurer or keeper of county funds shall endorse on the warrant the words "Presented for payment; no funds on hand with which to pay same. This the ________ day of ________________________, ______."
2. Any county order issued by any county governing authority shall bear interest at the rate specified by resolution at the time of the issuance of the order, as provided in this Code section. The rate of interest which the warrant shall thereafter bear shall not be changed or affected by any subsequent resolution or change of rate of interest that may be adopted thereafter by the county governing authority; rather the warrant shall bear the rate of interest written or printed upon the face of the order and established by the county governing authority at the time of the issuance thereof.

   (Orig. Code 1863, § 533; Code 1868, § 597; Code 1873, § 508; Code 1882, § 508; Civil Code 1895, § 466; Civil Code 1910, § 582; Ga. L. 1920, p. 65, § 1; Code 1933, § 23-1608; Ga. L. 1935, p. 110, §§ 1, 2; Ga. L. 1999, p. 81, § 36.)

36-11-6. Negotiability of county orders.

All county orders are transferable by delivery or endorsement; and the endorser shall be liable according to the terms of his endorsement, as in commercial paper, provided that no transfer can take place so as to prevent a treasurer from setting off any sum that the payee may owe the county at the date of the order.

(Orig. Code 1863, § 534; Code 1868, § 598; Code 1873, § 560; Code 1882, § 560; Civil Code 1895, § 467; Civil Code 1910, § 583; Code 1933, § 23-1606.)

36-11-7. Satisfaction of judgment against county.

The private property of the citizens of a county shall not be bound by any judgment obtained against the county. Such judgment, if binding, shall be satisfied from money raised by lawful taxation.

(Orig. Code 1863, § 480; Code 1868, § 542; Code 1873, § 508; Code 1882, § 508; Civil Code 1895, § 363; Civil Code 1910, § 412; Code 1933, § 23-1603.)

36-12-1. General supervision of paupers.

The general supervision of all paupers is vested in the county governing authority.

(Laws 1792, Cobb's 1851 Digest, p. 346; Laws 1818, Cobb's 1851 Digest, p. 347; Code 1863, § 710; Code 1868, § 776; Code 1873, § 754; Code 1882, § 754; Civil Code 1895, § 426; Civil Code 1910, § 541; Code 1933, § 23-2101.)

36-12-2. Eligibility for benefits.

No person who is able to maintain himself by labor or who has sufficient means shall be entitled to the benefits of the provision for the poor. In cases where women are unable to maintain themselves and the helpless children they may have, they may be aided to the extent required in the furnishing of food, clothing, or shelter.

(Orig. Code 1863, § 715; Code 1868, § 785; Code 1873, § 763; Code 1882, § 763; Civil Code 1895, § 438; Civil Code 1910, § 553; Code 1933, § 23-2301.)

36-12-3. Duty of relatives to support paupers generally; right of county to recover from relatives for provisions furnished.

The father, mother, or child of any pauper contemplated by Code Section 36-12-2, if sufficiently able, shall support the pauper. Any county having provided for such pauper upon the failure of such relatives to do so may bring an action against such relatives of full age and recover for the provisions so furnished. The certificate of the judge of the probate court that the person was poor and was unable to sustain himself and that he was maintained at the expense of the county shall be presumptive evidence of such maintenance and the costs thereof.

(Orig. Code 1863, §§ 716, 717; Code 1868, §§ 786, 787; Code 1873, §§ 764, 765; Code 1882, §§ 764, 765; Civil Code 1895, §§ 439, 440; Civil Code 1910, §§ 554, 555; Code 1933, §§ 23-2302, 23-2303.)

Cross references. - Duty of parents to support child, § 19-7-2 .

Child Support Recovery Act, § 19-11-1 et seq.

Uniform Reciprocal Enforcement of Support Act, § 19-11-40 et seq.

36-12-4. Liability of person sending pauper to county for support purposes.

Any inhabitant of any county, city, town, or village in or out of this state who sends a pauper to some county in this state by paying the expense of his transportation or otherwise has him removed for the purpose of burdening some other community shall be personally liable for the support of the pauper in the county where he locates. If the person who transports a pauper is insolvent or does not respond to such demand from any cause, the county from which the transportation took place shall be liable.

(Orig. Code 1863, §§ 718, 719; Code 1868, §§ 789, 790; Code 1873, §§ 767, 768; Code 1882, §§ 767, 768; Civil Code 1895, §§ 442, 443; Civil Code 1910, §§ 557, 558; Code 1933, §§ 23-2305, 23-2306.)

36-12-5. Interment or cremation of deceased indigents.

1. Whenever any person dies in this state and the decedent, his or her family, and his or her immediate kindred are indigent and unable to provide for the decedent's decent interment or cremation, the governing authority of the county wherein the death occurs shall make available from county funds a sum sufficient to provide a decent interment or cremation of the deceased indigent person or to reimburse such person as may have expended the cost thereof voluntarily, the exact amount thereof to be determined by the governing authority of the county but shall not exceed the lesser of the actual costs of interment or cremation.
2. The Department of Corrections is authorized to reimburse the governing authority of the county where expenditures have been made in accordance with this Code section for the burial or cremation of any inmate under the authority, jurisdiction, or control of the Department of Corrections; but in no case shall the governing authority of the county be entitled to reimbursement where the decedent was in the custody of a county correctional institution or other county correctional facility. (Ga. L. 1863-64, p. 60, § 1; Code 1868, § 788; Code 1873, § 766; Code 1882, § 766; Civil Code 1895, § 441; Civil Code 1910, § 556; Code 1933, § 23-2304; Ga. L. 1967, p. 616, § 1; Ga. L. 1972, p. 971, § 1; Ga. L. 1974, p. 616, § 1; Ga. L. 1978, p. 1048, § 1; Ga. L. 1980, p. 722, § 1; Ga. L. 1982, p. 2107, § 34; Ga. L. 1983, p. 3, § 27; Ga. L. 1985, p. 265, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1991, p. 431, §§ 1, 2; Ga. L. 2013, p. 669, § 1/SB 83.) Notifying of commissioner of corrections and county coroner upon sudden death of inmate or death of inmate under unusual circumstances, § 42-5-7 .

Cross references. - Embalming, transportation, and care of bodies generally, T. 31, C. 21.

36-13-1. Creation, adoption, amendment, and repeal of codes.

The county governing authority in this state is authorized to make, adopt, amend, and repeal building, housing, electrical, plumbing, gas, and other similar codes relating to the construction, livability, sanitation, erection, equipment, alteration, repair, occupancy, or removal of buildings and structures located outside of the corporate limits of any municipality in the county.

(Ga. L. 1961, p. 560, § 1.)

36-13-2. Matters which may be covered by county codes.

The codes authorized in Code Section 36-13-1 may embrace such matters as the preparation and submission of plans and specifications; issuance of permits; standards governing the kind, quality, and performance of materials, equipment, and workmanship; establishment of fire zones; fireproofing; means of egress and ingress; floor area per occupant; and sanitary facilities and usage proceedings in connection with unsafe, unsanitary, or inadequate structures. The enumeration in this Code section shall not be construed as being exclusive.

(Ga. L. 1961, p. 560, § 2.)

36-13-3. Adoption of codes by reference to national or regional codes.

The codes authorized in Code Section 36-13-1 may be adopted by reference to national or regional codes.

(Ga. L. 1961, p. 560, § 3.)

36-13-4. Contracts with other political subdivisions to issue building permits and enforce codes.

The county governing authority is permitted to contract with municipalities and other political subdivisions of the state possessing the authority to issue building permits and to enforce building, electrical, plumbing, gas, housing, and other similar codes, in order to administer efficiently the powers granted under this chapter.

(Ga. L. 1961, p. 560, § 4.)

36-13-5. Appointment of inspectors and assistants.

The county governing authority shall have the authority to appoint building, electrical, plumbing, gas, and housing inspectors for its county and to appoint such other assistants as the authority may deem necessary.

(Ga. L. 1961, p. 560, § 5.)

36-13-5.1. Issuance of citations for violation in certain counties; jurisdiction; warrant for arrest for failure to appear in response to citation.

In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, any employee who is authorized to enforce any county code, ordinance, regulation, rule, or other order, including such related ordinances, codes, and regulations as drainage regulations, soil erosion and sedimentation control regulations, subdivision and zoning regulations, water and sewer regulations, and any other land development or construction regulations of such county, shall have the authority to issue citations to any person who shall violate any such county code, ordinance, regulation, or order which shall be in effect in such counties. Such citations shall command the appearance of such person at a designated regular session of a court in such county having the jurisdiction of a commitment court throughout the entire county. At such time and place such court shall act as a court of inquiry with all the powers and authorities as specified in Code Section 17-8-5. In the event that any such person shall fail to appear in response to a citation, a warrant shall be issued for the arrest of such person for violation of such county code, ordinance, regulation, rule, or order without the necessity of any further action.

(Ga. L. 1981, p. 3261, § 1; Code 1981, § 36-13-5.1 , enacted by Ga. L. 1982, p. 2107, § 35; Ga. L. 1983, p. 3, § 27; Ga. L. 1987, p. 3, § 36.)

36-13-6. Promulgation of rules and regulations concerning permits and inspections; establishment of fees or charges.

The county governing authority shall have the authority to make rules and regulations concerning permits for and inspections of construction equipment and the alteration, repair, or removal of buildings, signs, and other structures outside the corporate limits of municipalities located in its county. It may prescribe fees or charges for permits and inspections, which fees shall be fixed and charged by the governing authority and shall be paid to the county treasurer by the applicant for such permits or inspections.

(Ga. L. 1961, p. 560, § 6.)

36-13-7. Areas to which codes, rules, and regulations may be made applicable.

The county governing authority shall have the authority to make such codes, rules, and regulations as are permitted under this chapter for:

1. The entire unincorporated area of the county;
2. Any militia district within the unincorporated area of the county;
3. Any land lot;
4. Any land and water areas 500 feet wide on either side of any state or county highway or any section of such highway within the unincorporated area of the county;
5. Any land or water areas 500 feet wide on either side of any water line of the stream or water reservoir or section thereof within the unincorporated area of the county; or
6. Any portion of the unincorporated area of the county lying within a specified distance of the boundaries of a municipality in the county.

   (Ga. L. 1961, p. 560, § 8.)

36-13-8. Notice and hearing prior to enactment of codes, rules, or regulations.

Before enacting any of the codes, rules, or regulations permitted in this chapter, the county governing authority shall hold a public hearing thereon. At least 15 days' notice of the time and place of the hearing shall be published in a newspaper of general circulation in the county.

(Ga. L. 1961, p. 560, § 7.)

36-13-9. Appropriation and expenditure of funds.

The county governing authorities are authorized to appropriate and expend funds for the purposes of this chapter.

(Ga. L. 1961, p. 560, § 12.)

36-13-10. Remedies for actual or proposed violations of codes, rules, or regulations.

When any violation of any of the codes, rules, and regulations which are adopted by the county governing authority under this chapter is or is proposed to be committed, the inspectors appointed under this chapter, the county attorney, some other appropriate authority of the county, or any adjacent or neighboring property owner who would be damaged by the violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent, correct, or abate the violation or threatened violation.

(Ga. L. 1961, p. 560, § 11.)

36-13-11. Compliance as prerequisite to issuance of permit; failure to secure required permit.

Full compliance with all rules, regulations, and requirements set up under this chapter shall be a prerequisite to issuance of any permit. Failure to secure such permit as is required is declared to be a misdemeanor.

(Ga. L. 1961, p. 560, § 9.)

36-13-12. Criminal penalty for violations of codes, rules, or regulations.

The violation of any of the codes, rules, and regulations adopted by the county governing authority under this chapter is declared to be a misdemeanor. Any person violating any such codes, rules, and regulations shall be guilty of a misdemeanor. Each and every day such violation continues shall be deemed a separate offense.

(Ga. L. 1961, p. 560, § 10.)

36-14-1. Erection of bridges across navigable streams.

The consent of the state is given to and authority is vested in the county governing authority to erect bridges across the navigable streams that lie wholly within the state, whenever in the judgment of the county governing authority the public interest may be subserved thereby, upon its compliance with the law of Congress requiring the approval of the secretary of transportation and the chief of engineers of the United States, as embodied in the statutes of the United States passed by the Fifty-fifth Congress and approved March 3, 1899.

(Ga. L. 1904, p. 100, § 1; Civil Code 1910, § 427; Code 1933, § 23-2004.)

U.S. Code. - The federal Act referred to in this Code section is codified at 33 U.S.C. §§ 401, 403.

36-14-2. Building and maintaining bridges over rivers bordering adjacent states.

Counties lying adjacent to any river on the border or forming the boundary between this state and another shall have the same power, acting by and through the proper county authorities, to build and maintain bridges over such river as the counties now have to build and maintain bridges over streams lying wholly within their borders, provided that this power shall not be exercised except to cooperate with the proper authorities of the adjacent state in building and maintaining such bridges, on the principle that each state is to build simultaneously from its own bank to the middle of the river and afterwards to maintain and keep up the part of the bridge which it has built; and provided, further, that no bridge shall be erected under this Code section at any point where the river exceeds, at low-water mark, 2,000 feet in breadth.

(Ga. L. 1895, p. 78, § 1; Civil Code 1895, § 372; Civil Code 1910, § 424; Ga. L. 1920, p. 62, § 1; Code 1933, § 23-2001; Ga. L. 1987, p. 3, § 36.)

36-14-3. Contracts with federal government for bridges across streams bordering land ceded to United States.

1. The county governing authority may contract and pay out of the funds of the county such sums of money as it deems equitable and just to the authorities of the United States for the county's fair proportion of the cost of building any bridge which it deems necessary to erect across any stream dividing the county or some part thereof from lands over which the jurisdiction has been ceded to the government of the United States for any purpose, provided that it shall thereafter be the duty of the authorities of the United States to keep such bridges in repair, to renew them as often as may be necessary, and to keep them open for the free and uninterrupted travel of the public.
2. The United States is vested with full and complete jurisdiction over grounds necessary for the erection of piers and approaches to such bridges on each side of such streams, so far as may be necessary for the erection, repair, and protection of the bridges and approaches.

   (Ga. L. 1895, p. 76, §§ 1, 2; Civil Code 1895, §§ 373, 374; Civil Code 1910, §§ 425, 426; Code 1933, §§ 23-2002, 23-2003.)

36-15-1. Board of trustees created in each county; composition; chairperson; quorum.

There is created in each county in this state a board to be known as the board of trustees of the county law library, hereafter referred to as the board. The board shall consist of the chief judge of the superior court of the circuit in which the county is located; the judge of the probate court; the senior judge of the state court, if any; the chief judge of the magistrate court; the district attorney of the circuit in which the county is located; a solicitor-general of the state court, if any; the clerk of the superior court; and two practicing attorneys of the county. The practicing attorneys shall be selected by the other trustees and shall serve at their pleasure. All of the trustees shall serve without pay. The chief judge of the superior court shall be chairperson of the board. A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board.

(Ga. L. 1971, p. 180, § 1; Ga. L. 1973, p. 430, § 1; Ga. L. 1997, p. 392, § 1; Ga. L. 2016, p. 435, § 2/HB 851; Ga. L. 2017, p. 548, § 1/HB 453.)

The 2017 amendment, effective July 1, 2017, inserted "the chief judge of the magistrate court;" in the middle of the second sentence.

36-15-2. Secretary-treasurer of board; designation and compensation of librarian.

1. There is created an office to be known as secretary-treasurer of the board of trustees of the county law library in each county. The secretary-treasurer shall be selected and appointed by the board and shall serve at the pleasure of the board. The board may appoint one of its own members as secretary-treasurer or, in its discretion, may designate some other person to act as secretary-treasurer of the board. The secretary-treasurer of the board shall perform the duties provided for the treasurer in this chapter.
2. The board of trustees may designate the judge of the probate court or a deputy clerk of the superior court of each county to act as librarian; any such official shall not receive any additional compensation for the performance of such duties. The board, however, in its discretion, may designate some other person to act as librarian and shall fix the compensation for such person.

   (Ga. L. 1971, p. 180, § 2; Ga. L. 1973, p. 430, § 2; Ga. L. 1976, p. 700, § 1.)

36-15-3. Bond of secretary-treasurer.

The secretary-treasurer of the board shall give a good and sufficient surety bond, payable to the county, in such an amount as may be determined by the board, to account faithfully for all funds received and disbursed by him. The premium on the bond shall be paid out of the county law library fund.

(Ga. L. 1971, p. 180, § 8.)

36-15-4. Powers and duties of board of trustees generally.

The board of trustees is given the following powers and duties:

1. To provide for the collection of all money provided for in this chapter;
2. To select the books, reports, texts, and periodicals;
3. To make all necessary rules and regulations governing the use of the library;
4. To keep records of all its meetings and proceedings;
5. To exercise all other powers necessary for the proper administration of this chapter; and
6. To enter into agreements with the boards of trustees of other county law libraries within the same judicial circuit for the purpose of pooling funds to purchase books, reports, texts, and periodicals and to purchase or lease computer related research equipment and programs; to provide for the joint use of such books, reports, texts, periodicals, and computer related research equipment and programs within the same judicial circuit; and to provide where said books, reports, texts, periodicals, and computer related research equipment and programs may be maintained.

   (Ga. L. 1971, p. 180, § 4; Ga. L. 1994, p. 1923, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1994, "computer related" was substituted for "computer-related" in three places in paragraph (6).

36-15-5. Control, deposit, and investment of funds.

The board shall have control of the funds provided for in this chapter. All funds received shall be deposited in a special account to be known as the county law library fund. The board shall have authority to expend the funds in accordance with this chapter and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this state.

(Ga. L. 1971, p. 180, § 3.)

36-15-6. Receipt and investment of money and property.

The board may take, by gift, grant, devise, or bequest, any money, real or personal property, or other thing of value and may hold or invest the same for the uses and purposes of the library.

(Ga. L. 1971, p. 180, § 5.)

36-15-7. Use of funds.

1. The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian and, within the discretion of the board of trustees, payment for purchases made by a county's superior court, state court, probate court, magistrate court, or juvenile court, and for the purchase or leasing of computer related legal research equipment and programs, and, at the discretion of the county governing authority, for the establishment and maintenance of the codification of county ordinances. However, the amount transferred to the county governing authority for codification pursuant to this subsection shall not exceed the cost of establishing or maintaining the codification.
2. In addition to the uses specified in subsection (a) of this Code section, the board of trustees of a county law library shall be authorized to use funds to establish a law library or libraries for the judges of the superior courts of the judicial circuit and for the judges of the state court in which the county lies. A request for the establishment of one or more such libraries shall be made to the board of trustees by the chief judge of the judicial circuit with the assent of a majority of the superior court judges of the circuit or by the chief judge of the state court of the county with the assent of a majority of the state court judges of the county. Additionally, the probate judge, chief magistrate, presiding juvenile court judge, or any chief judge of any county court may make a similar request. It shall be in the discretion of the board of trustees of each county whether to grant such a request. Any one or more county boards of trustees in the judicial circuit may participate in the establishment of the law library or libraries and, for the purpose of such participation, may enter into agreements regarding the proportional share of expenditures to be borne by each county board of trustees. Purchases made from county law library funds under this subsection shall not duplicate the law books and materials supplied to each judge by the state or by other sources. Such purchases shall become the property of the judge who requested the purchase and shall be passed on to his or her successor in office.
3. In the event the board of trustees determines in its discretion that it has excess funds, such funds as may be designated by the board of trustees shall be disbursed by the board of trustees to charitable tax-exempt organizations which provide civil legal representation for low-income people; used to purchase software, equipment, fixtures, or furnishings for any office related to county judicial facilities or services, including, but not limited to, courtrooms and jury rooms; or turned over to the county commissioners and used by the county commissioners for the purchase of software, equipment, fixtures, or furnishings for the courthouse.
4. Except as provided in subsection (b) of this Code section, all law books, reports, texts, and periodicals purchased by the use of gifts and from the funds of the county law library shall become the property of the county.

   (Ga. L. 1971, p. 180, § 7; Ga. L. 1973, p. 430, § 4; Ga. L. 1982, p. 1103, § 1; Ga. L. 1983, p. 3, § 27; Ga. L. 1987, p. 843, § 1; Ga. L. 1994, p. 1923, § 2; Ga. L. 1997, p. 392, § 2; Ga. L. 2000, p. 865, § 1; Ga. L. 2002, p. 785, § 1; Ga. L. 2010, p. 555, § 1/HB 858; Ga. L. 2016, p. 435, § 3/HB 851.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1994, "computer related" was substituted for "computer-related" in the first sentence of subsection (a).

36-15-8. Furnishing of space and utilities by county governing authority.

The county governing authority shall furnish necessary space, offices, lights, heat, and water for the maintenance of the county law library.

(Ga. L. 1976, p. 700, § 3.)

36-15-9. Collection of additional costs in court cases; amount; determination of need as prerequisite to collection; collection in certain criminal cases.

1. For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $5.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except county recorders' courts or municipal courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. Where fees collected by the treasurer have been allocated for the purpose of establishing or maintaining the codification of county ordinances, the allocated amount shall in turn be remitted by the treasurer to the county governing authority for said purpose on a monthly basis or as otherwise agreed by the treasurer and the county governing authority. The county ordinance code provided for in subsection (a) of Code Section 36-15-7 shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fine and bond forfeiture fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made.

   (a.1) In any county having a population of more than 550,000 according to the United States decennial census of 1980 or any future such census, the power and authority provided in subsection (a) of this Code section for the chief judge shall be exercised by the superior court judge who has the most service as a superior court judge.

2. A case, within the meaning of subsection (a) of this Code section, shall mean and be construed as any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned, whether such matter is contested or not.
3. Reserved.
4. Notwithstanding that provision of subsection (a) of this Code section which excepts recorders' courts from the requirement of charging and collecting the additional costs provided for by said subsection (a), said subsection (a) and subsection (b) of this Code section shall be applicable to the recorder's court of each county of this state having a population of not less than 200,000 nor more than 275,000 according to the United States decennial census of 1980 or any future such census.
5. Notwithstanding that provision of subsection (a) of this Code section which excepts county recorders' courts and municipal courts from the requirement of charging and collecting the additional costs provided for by that subsection (a), subsections (a) and (b) of this Code section shall apply to any municipal court of a municipality if the governing authority thereof, by ordinance or resolutions, approves the charging and collecting of such costs pursuant to subsections (a) and (b) of this Code section.
6. Reserved.
7. In counties where a law library authorized by this chapter has not been established, upon request of the county governing authority, the chief judge of a circuit shall direct that the fees authorized by this Code section be charged and collected for the purpose of the establishment and maintenance of the codification of county ordinances. However, the amount transferred to the county governing authority pursuant to this subsection shall not exceed the cost of establishing or maintaining the codification. The clerk of each and every court in such counties in which costs are collected for the purpose of carrying out the provisions of this subsection shall remit the same to the county governing authority on the first day of each month. The county ordinance code provided for in this subsection shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fine and bond forfeiture fund of the court in which the case is filed before any other disbursement or distribution of such fines or forfeitures is made.

   (Ga. L. 1971, p. 180, §§ 6, 9; Ga. L. 1973, p. 430, § 3; Ga. L. 1976, p. 700, § 2; Ga. L. 1982, p. 520, §§ 1, 2; Ga. L. 1982, p. 591, § 1; Ga. L. 1982, p. 1103, § 2; Ga. L. 1983, p. 3, § 27; Ga. L. 1985, p. 999, § 1; Ga. L. 1987, p. 3, § 36; Ga. L. 1987, p. 843, § 2; Ga. L. 1991, p. 1324, § 6; Ga. L. 1993, p. 91, § 36; Ga. L. 1994, p. 237, § 2; Ga. L. 1994, p. 1923, § 3; Ga. L. 1997, p. 392, §§ 3, 4; Ga. L. 1999, p. 81, § 36; Ga. L. 2000, p. 865, § 2; Ga. L. 2015, p. 693, § 3-33/HB 233; Ga. L. 2016, p. 435, § 4/HB 851.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, "recorders'" was substituted for "recorder's" in subsection (e).

Editor's notes. - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 1 (2015).

36-15-10. Prior actions, decisions, contracts, and purchases of boards prior to March 19, 1971, ratified.

All actions, decisions, contracts, and purchases made by any board of trustees of a county law library or any other person charged with the responsibility of operating or maintaining a county law library under any law of this state enacted prior to March 19, 1971, are ratified.

(Ga. L. 1971, p. 180, § 10.)

36-15-11. Receipt and disbursement of funds by counties having population of 950,000 or more.

Reserved. Repealed by Ga. L. 2019, p. 723, § 1/HB 134, effective May 7, 2019.

Editor's notes. - This Code section was based on Ga. L. 1981, p. 959, § 1; Ga. L. 2001, p. 1031, § 1; Ga. L. 2010, p. 555, § 3/HB 858.

36-15-12. Applicability to city court of city having population of 300,000 or more.

Notwithstanding any other provision of this chapter, this chapter shall not apply to a city court, which is authorized to try state traffic offenses, of any city of this state having a population of 300,000 or more according to the United States decennial census of 1980 or any future such census.

(Ga. L. 1982, p. 586, § 1; Code 1981, § 36-15-12 , enacted by Ga. L. 1982, p. 586, § 2.)

36-15-13. Annual audit required.

Each board created pursuant to this chapter shall, at the end of each fiscal year for the preceding year, have an annual audit of its financial affairs, books, and accounts performed by the county accountant as employed pursuant to Code Section 36-1-10; the internal auditor employed by the governing authority of the county, if such internal auditor is a certified public accountant; or a certified public accountant. The determination of the performance of such audit by the county accountant, the internal auditor, or a certified public accountant shall be made by the board. Such audit shall be conducted in accordance with generally accepted accounting principles, including, but not limited to, a report on whether the control, deposit, and investment of funds, the receipt and investment of money and property, and the use of funds by such board have been conducted as provided for under this chapter. A copy of such audit shall be made available to the governing authority of the county and shall be a public document.

(Code 1981, § 36-15-13 , enacted by Ga. L. 2016, p. 435, § 5/HB 851.)

36-16-1. Furnishing of historical container.

The county governing authority shall furnish, purchase, or cause to be furnished or purchased a suitable filing case or other container to be placed in the office of the judge of the probate court of the county and labeled "Historical."

(Ga. L. 1935, p. 383, § 1.)

36-16-2. Receipt of historical data for preservation in container.

The judge of the probate court of the county shall be required to receive from any responsible citizen or citizens any data of a historical nature and place the same on file in the historical container provided for in Code Section 36-16-1, for safe preservation and historical reference. The matter to be entered for preservation must be of general interest and not of a personal nature; it may include records, proceedings, or minutes of any religious body or organization; school records not otherwise preserved; records of civic, patriotic, or fraternal organizations; and records of purely community affairs when of such nature as to be of general interest and not otherwise recorded by court procedure.

(Ga. L. 1935, p. 383, § 2.)

36-16-3. Determination of admissibility of documents submitted for filing; deposit of documents relating to soldiers and widows.

The judge of the probate court and the county board of education are made the sole judges of the admissibility of any matter or document which may be submitted to the judge of the probate court for filing, should any question arise as to the historical value of such matter or document so submitted; and the judge of the probate court and the board of education sitting in regular session shall have authority to accept or reject any matter so submitted, provided that the judge of the probate court shall be required to deposit in the historical container all documents in his office pertaining to records of Confederate soldiers and widows of such soldiers, as well as soldiers and their surviving spouses of all other wars of our nation, a record of which he may have in his office, and to make proper notations thereof in the book of record.

(Ga. L. 1935, p. 383, § 4.)

36-16-4. Maintenance of record and index; fee for filing of documents.

The judge of the probate court shall be required to keep a suitable record and index in a book prepared for that purpose of all matter placed in the historical container, with notations as to the nature of the matter on file, by whom, and when placed on file. He shall be entitled to a fee of 25 › , payable by the person filing such historical matter, for each article or document so deposited by such person for preservation with him, provided that the county historian may submit documents for preservation without payment of a fee to the judge of the probate court.

(Ga. L. 1935, p. 383, §§ 3, 4.)

36-16-5. Applicability of chapter.

This chapter shall not become operative in any county of this state until it has been adopted and recommended by a majority vote of two successive regular grand juries of the county.

(Ga. L. 1935, p. 383, § 5.)

36-17-1. Legislative purpose and intent.

It is declared to be the purpose and intent of the General Assembly that state funds be made available to the governing authorities of the counties of this state to be expended for any public purposes.

(Ga. L. 1967, p. 888, § 1.)

36-17-2. Computation of individual county grants.

To the extent that funds are made available by the budget authorities pursuant to the general appropriations Acts or any other laws for the purposes set out in Code Section 36-17-1, except for the grants to counties which are appropriated as a part of the appropriation to the Department of Transportation designated "For grants to counties for aid in county road construction and maintenance," the Office of the State Treasurer is authorized and directed to grant such funds to the counties of this state in the same proportion which the total public road mileage of each county bears to the total public road mileage in the state, as such mileage information is furnished by the Department of Transportation. The computation of individual county grants, as provided for in this Code section, shall be prepared and certified by the state treasurer, who shall make such payments.

(Ga. L. 1967, p. 888, § 2; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, §§ 2, 3/SB 296.)

36-17-3. Disbursement and expenditure of funds.

Funds distributed under this article by the Office of the State Treasurer shall be paid to the counties in the name of the county treasurer or other fiscal authority authorized to receive county funds. Such funds shall be expended by the county only for the purposes prescribed in Code Section 36-17-1.

(Ga. L. 1967, p. 888, § 3; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.)

36-17-20. Authorization of grants.

Pursuant to the authority granted to the General Assembly in Article III, Section IX, Paragraph II(c) of the Constitution of Georgia and in order to provide for a more effective management and fiscal administration of the state and pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia, in order to provide funds to counties to aid in the construction and maintenance of county roads and, in addition to funds provided pursuant to other laws, there may be allotted to each county annually for county road construction and maintenance certain grants as provided in Code Sections 36-17-21 and 36-17-22.

(Ga. L. 1973, p. 475, § 1; Ga. L. 1975, p. 1079, § 1; Ga. L. 1983, p. 3, § 57; Ga. L. 1985, p. 149, § 36.)

36-17-21. Allocation of funds; grant of tax credit to homesteads as prerequisite to receipt of funds; use of surplus funds.

1. In any year in which the General Assembly appropriates by line item, and with reference to this Code section, funds necessary to provide grants to counties to aid in the construction and maintenance of county roads, such grants shall be allotted to each county pro rata according to each county's share of the total number of homesteads in the state for the immediately preceding year. For purposes of this Code section and Code Section 36-17-22, the term "homestead" shall mean and include all that tangible property upon which an ad valorem property tax homestead exemption was claimed and allowed.
2. In order to provide better fiscal management, the funds provided pursuant to this Code section are intended to be utilized for the relief of ad valorem taxation on tangible property. No county shall be entitled to receive any of the funds provided for in this Code section unless and until a credit against county ad valorem property taxes levied and expended by the county governing authority is granted by the governing authority of the county to each homestead located within the county. Each credit shall equal an amount computed as follows: the amount of the grant allotted, pursuant to this Code section, to the county to aid in the construction and maintenance of county roads, divided by the number of homesteads in the county.
3. No credit granted pursuant to this Code section shall exceed one-half of the credit recipient's total tax liability for county ad valorem property taxes levied and expended by the county governing authority.
4. If a surplus remains from the funds allotted to such county by this Code section after complying with this Code section, such remaining funds shall be deemed appropriated and allotted to the county under Code Section 36-17-22.

   (Ga. L. 1973, p. 475, § 3; Ga. L. 1975, p. 1079, § 2; Ga. L. 1982, p. 3, § 36.)

36-17-22. Allocation of funds; grant of credit on certain tangible property taxes as prerequisite to receipt of funds.

1. In any year in which the General Assembly appropriates by line item, and with reference to this Code section, funds necessary to provide grants to counties to aid in the construction and maintenance of county roads, such grants shall be allotted to each county pro rata according to each county's share of the total number of homesteads in the state for the immediately preceding year.
2. In order to provide better fiscal management, the funds provided pursuant to this Code section are intended to be utilized for the relief of ad valorem taxation on tangible property. No county shall be entitled to receive any of the funds provided for in this Code section unless and until a credit against county ad valorem property taxes levied and expended by the county governing authority is granted by the governing authority of the county to all eligible tangible property, as defined in subsection (c) of this Code section, except motor vehicles and trailers, located within the county. Each credit shall equal an amount computed as follows: a pro rata share of the sum of the grant allotted, pursuant to this Code section, to the county to aid in the construction and maintenance of county roads and the surplus, if any, from the funds allotted to such county by subsection (a) of Code Section 36-17-21, after compliance by the county with the provisions of subsection (b) of Code Section 36-17-21.
3. As used in this Code section, the term "eligible tangible property" means all tangible property except that tangible property required to be returned to and assessed by the state revenue commissioner pursuant to statutes passed by the General Assembly under the authority of Article VII, Section I, Paragraph III of the Constitution of Georgia.

   (Ga. L. 1975, p. 1079, § 3; Ga. L. 1982, p. 3, § 36.)

36-17-23. Limits on granting of credits; claim and certification of credits by taxpayer; recovery of credits erroneously or illegally granted; payment of tax liability prerequisite to credit.

1. No credit or combination of credits granted pursuant to this article shall exceed the lesser of (1) $1,000.00 or (2) the credit recipient's total tax liability for county ad valorem property taxes levied and expended by the county governing authority. No credit authorized by such Code sections shall be granted unless the taxpayer claims his entitlement to such credit and certifies that the sum of all such credits so claimed by him does not exceed $1,000.00. The state revenue commissioner shall provide by regulation for the forms and procedures by which taxpayers shall claim credits and certify the sum thereof. The governing authorities of the various counties shall make available to the taxing authorities of such counties funds sufficient to defray the administrative costs of this article. Any person who, with intent to receive credit not authorized by this article, claims a credit to which he is not lawfully entitled or falsely certifies the sum of credits claimed by him shall be guilty of a misdemeanor. Any credit erroneously or illegally granted, whether due to negligence or any other cause, shall be recoverable by the county granting such credit in the same fashion as any other delinquent property tax.
2. No credit authorized under this article shall be granted to any taxpayer unless the taxpayer pays his then current tax liability for county ad valorem property taxes levied and expended by the county governing authority on or before the date such liability becomes due. However, in order to comply with this subsection, the governing authority of any county may, by appropriate resolution, extend the date that such tax liability becomes due.

   (Ga. L. 1975, p. 1079, § 4.)

36-17-24. Credits and surplus to be shown on tax bills; disbursal of funds on certification of state revenue commissioner.

The taxing authority of each county receiving funds pursuant to this article shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of credit against ad valorem property taxes which the taxpayer is receiving as a result of the funds allocated and shall show that such credit is a result of the passage of such Code sections by the General Assembly. Each such tax bill shall also show in a prominent manner the amount of any surplus, from the funds allotted to the county by such Code sections, after compliance by the county with subsection (b) of Code Section 36-17-21 and subsection (b) of Code Section 36-17-22, retained by the governing authority of the county. The form of the notice shall be as prescribed by the state revenue commissioner, who shall determine and certify to the appropriate state fiscal officer the amount of funds to which each county is entitled pursuant to this article. The determination of the state revenue commissioner shall be final and the appropriate state fiscal officer shall disburse the funds pursuant to the certification.

(Ga. L. 1973, p. 475, § 4; Ga. L. 1975, p. 1079, § 5.)

36-17-25. Administration of article by state revenue commissioner; promulgation of rules and regulations.

It shall be the duty of the state revenue commissioner to administer this article. The commissioner shall have the authority to promulgate such rules and regulations as he may deem necessary for the effective administration of this article.

(Ga. L. 1975, p. 1079, § 6.)

36-18-1. "Cable television system" defined.

As used in this chapter, the term "cable television system" means a nonbroadcast facility consisting of a set of transmission paths and associated generation, reception, transmission, and control equipment, under common ownership and control, that distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations and programs received via satellite, microwave, video tape, or video discs or produced by the franchised cable system.

(Ga. L. 1981, p. 865, § 1.)

36-18-2. Powers of governing authorities.

The governing authority of each county in this state is authorized to limit the operation of cable television systems within its territorial limits, except as limited by Code Section 36-18-3, to operators licensed and franchised by the county; to grant, in its sole discretion, one or more franchise licenses for the operation of cable television systems within the territorial limits of that county, except as limited by Code Section 36-18-3; and to regulate by ordinance or resolution the operation of cable television systems licensed and franchised by that county. The governing authority of each such county, in connection with the grant of such franchises, is further authorized to charge franchise fees to cable television systems for the right to operate the systems within the unincorporated areas of the county and within any incorporated areas which are subject to the limitation contained in Code Section 36-18-3. Cable television system franchise fees shall be negotiated between each county and each franchisee, in an amount not to exceed that amount authorized under applicable federal law and regulations.

(Ga. L. 1981, p. 865, § 2.)

Cross references. - Taxation of special franchises, § 48-5-420 et seq.

Law reviews. - For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

36-18-3. Restriction on authority of counties and municipalities to regulate.

A county shall neither grant a franchise nor collect a franchise fee for the operation of cable television systems within the corporate limits of any municipality except by agreement with the municipality. A municipality shall neither grant a franchise nor collect a franchise fee for the operation of cable television systems within the unincorporated area of a county except by agreement with the county.

(Ga. L. 1981, p. 865, § 3.)

Law reviews. - For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

36-18-4. Intent and construction of chapter.

It is the intent of this chapter to confirm expressly the authority of counties to grant franchises for, and to regulate by ordinance or resolution, cable television systems within their territorial limits, except as limited by Code Section 36-18-3. Nothing in this chapter shall be construed to impair any cable television system franchise license lawfully issued by a county or municipality prior to April 9, 1981; and any such license shall be entitled to the benefits of this chapter.

(Ga. L. 1981, p. 865, § 4.)

36-18-5. Applicability of chapter.

This chapter shall not apply to any cable television system owned or operated by a city, a county, or a school system as to operations within the geographical area of such city, county, or school system.

(Ga. L. 1981, p. 865, § 5; Ga. L. 2004, p. 990, § 1.)

36-19-1 and 36-19-2. Redesignated.

Editor's notes. - Chapter 19 of Title 36 and §§ 36-19-1 and 36-19-2, relating to immunity from antitrust liability, were redesignated as Chapter 65 of Title 36 and §§ 36-65-1 and 36-65-2 , respectively, by Ga. L. 1985, p. 149, § 36.

36-20-1. Short title.

This chapter shall be known and may be cited as the "Georgia County Leadership Act."

(Code 1981, § 36-20-1 , enacted by Ga. L. 1990, p. 1642, § 1.)

36-20-2. Legislative findings and intent.

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 county governing authority, prior to taking office, to attend a course of training and education on matters pertaining to the administration and operation of county government. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities of their positions of public trust.

(Code 1981, § 36-20-2 , enacted by Ga. L. 1990, p. 1642, § 1.)

36-20-3. Definitions.

As used in this chapter, the term:

1. "Academy" means the Georgia County Leadership Academy.
2. "Board" means the Board of the Georgia County Leadership Academy.
3. "County governing authority" means the governing authority as defined in paragraph (7) of Code Section 1-3-3 and an elected chief executive officer of a county.
4. "State" means the State of Georgia and any department, board, bureau, commission, or other agency thereof. (Code 1981, § 36-20-3 , enacted by Ga. L. 1990, p. 1642, § 1.)

36-20-4. Training of elected members of county governing authority.

1. All persons elected as members of a county governing authority who were not serving as members of a county governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education of at least 18 hours on matters pertaining to the administration and operations of county governments.  Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utilities; parks and recreation; environmental management; public safety, health, and welfare; personnel management; responsiveness to the community; the ethics, duties, and responsibilities of members of a county governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the academy.
2. All expenses incurred by a newly elected member of a county governing authority related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs of housing, travel, and meals, shall be paid from public funds appropriated for such purposes.  All expenses not paid for by state funds shall be paid from county funds by the county governing authority whose newly elected member or members shall attend such course. (Code 1981, § 36-20-4 , enacted by Ga. L. 1990, p. 1642, § 1.)

36-20-5. Georgia County Leadership Academy.

1. There is created and established the Georgia County Leadership Academy. Except as otherwise provided in Code Section 36-20-4, all costs of operating and conducting the academy shall be paid for from public funds appropriated for such purposes.
2. The academy shall have the power, duty, and authority to design, implement, and administer the course of training and education required by Code Section 36-20-4.
3. The initial course of training and education required by Code Section 36-20-4 shall be conducted by the academy on the Tuesday after the first Monday in November of 1990 and completed before January 1, 1991. Subsequent courses shall be conducted by the academy biennially between the Tuesday after the first Monday in November and before January 1 of the following year or as otherwise changed by general law.  The academy shall have sole responsibility for determining the exact date or dates the course of training and education shall be conducted.
4. The academy shall establish guidelines and procedures to permit any person elected or appointed as a member of a county governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the academy due to medical disability, providential cause, or any other reason deemed sufficient by the academy, to comply with the requirements of Code Section 36-20-4.
5. The academy shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law. (Code 1981, § 36-20-5 , enacted by Ga. L. 1990, p. 1642, § 1.)

36-20-6. Board supervision of Georgia County Leadership Academy.

1. The academy shall be under the direction and supervision of the board of the Georgia County Leadership Academy.  The board shall have the power and duty to organize, administer, control, oversee, and advise the academy so that the academy is operated in accordance with the provisions of this chapter.
2. The academy is assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Code Section 50-4-3 . (Code 1981, § 36-20-6 , enacted by Ga. L. 1990, p. 1642, § 1; Ga. L. 2020, p. 493, § 36/SB 429.)

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "chapter" for "article" at the end of subsection (a).

36-20-7. Membership of board.

The board shall consist of seven members and shall be composed of the commissioner of the Department of Community Affairs, the director of the Carl Vinson Institute of Government of the University of Georgia, the administrator of Governmental Training of the Carl Vinson Institute of Government of the University of Georgia, the president of the Association County Commissioners of Georgia, the executive director of the Association County Commissioners of Georgia, and two members appointed by the Governor. Members of the board appointed by the Governor shall serve for four-year terms.

(Code 1981, § 36-20-7 , enacted by Ga. L. 1990, p. 1642, § 1.)

36-20-8. Acceptance by board of federal, state, or local appropriations, grants, or contributions; authority to enter into contracts, leases, or agreements.

1. The board may accept appropriations, grants, gifts, donations, or contributions from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, firm, or corporation, public or private; and any individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and academy.
2. The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created.  The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board. (Code 1981, § 36-20-8 , enacted by Ga. L. 1990, p. 1642, § 1.)

36-20-9. Report on accomplishments of academy.

On or before February 1 of each year, the director of the Carl Vinson Institute of Government, on behalf of the board, shall make a report to the Governor, the chairman of the Senate State and Local Governmental Operations Committee, and the chairman of the State Planning and Community Affairs Committee of the House of Representatives. The report shall include a summary of the accomplishments of the academy during the preceding calendar year, including, but not limited to, the total number of members of a county governing authority who attended the course of training and education offered by the academy; an outline of the academy's programs for the current calendar year; an evaluation of the programs and services offered by the academy; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the academy.

(Code 1981, § 36-20-9 , enacted by Ga. L. 1990, p. 10, § 1; Ga. L. 1995, p. 10, § 36.)

36-21-1. Legislative intent.

It is declared to be the intent of the General Assembly that a method be provided whereby counties and certain other entities of this state may, in the discretion of their respective governing bodies, provide group health and other employee benefits to their employees through a common administrative and investment system. Such a system based on joint participation will permit counties and other entities, regardless of size, to provide certain benefits to their employees, will reduce overall administrative costs which might be prohibitive if undertaken individually, and will make possible better investment opportunities. It is intended that this chapter be liberally construed to effectuate this intent.

(Code 1981, § 36-21-1 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-21-2. Definitions.

As used in this chapter, the term:

1. "Benefit system" or "system" means the plan or plans of employee benefits offered and administered pursuant to this chapter.
2. "Board" means the board of directors of the ACCG Group Health Benefits Program, Inc.
3. "Contract" means a contract executed pursuant to this chapter between the board and a county.
4. "Corporation" means the ACCG Group Health Benefits Program, Inc., a corporation established under Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," created to provide benefits pursuant to this chapter.
5. "County" means the group health benefits program operated by the corporation; the Association County Commissioners of Georgia and any affiliate; any Georgia county government; any consolidated city-county government; or any public authority, commission, board, or similar body created or activated by an Act of the General Assembly or by resolution or ordinance of the county governing authority, individually or jointly with any other political subdivision or subdivisions of the State of Georgia, pursuant to the Constitution or an Act of the General Assembly and which carries out its function on a county-wide basis, a multicounty basis, or wholly within the unincorporated area of a county.
6. "Employee" means any salaried or hourly rated person employed by a county. Notwithstanding any laws to the contrary, the term also includes any appointed or elected member of the governing authority of a county, the chief legal officer and any associate legal officer, and any other elected or appointed county official.
7. "Employee benefits" means group health benefits, group short-term disability benefits, group death benefits, group accidental death and dismemberment benefits, and such other benefits as from time to time the board may deem advisable.
8. "Member county" means a county which has contracted to become a member of the benefit system as provided for in this chapter. (Code 1981, § 36-21-2 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-21-3. Corporation governed by a board of directors; powers, duties, and operations; bond; administrative expenses.

1. Any county in this state may enter into a contract with the board for the purpose of providing employee benefits to its employees.
2. The corporation shall be governed by a board of directors, which shall be appointed and shall serve in accordance with the bylaws of the corporation. The board shall be authorized to operate and administer the benefit system in accordance with its bylaws and such other rules and regulations as may be established by the board as necessary or desirable for the administration of the benefit system.
3. The board shall maintain a fidelity bond, and errors and omissions coverage or other appropriate liability insurance, in an amount deemed sufficient by the board.
4. The administrative expenses of the board, including all operational expenses, fees, compensation, and other costs, shall be paid from funds held by it and may be chargeable by it to either principal or income or both, as determined by it, as of any valuation date. Further, the board shall have the authority to allocate expenses among member counties on the basis of costs. (Code 1981, § 36-21-3 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-21-4. Annual audits.

The benefit system authorized under this chapter shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to member counties.

(Code 1981, § 36-21-4 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-21-5. Establishment of benefit plans.

1. 1. The board has the power to establish one or more plans which may be adopted by any county that meets the criteria established by the board. The employees to be covered, the benefits to be provided, and the terms and conditions for benefits shall be provided in the plan. A county is empowered to adopt such a plan by ordinance and to execute an agreement with the board to provide employee benefits as provided in the plan. The agreement and plan entered into by each member county may constitute a separate plan, unless the contract between the board and one or more counties specifically provides that funds of the counties are to be pooled and treated as a single plan. A plan providing employee benefits may provide for the method of funding such benefits through the use of insurance, self-funding, or otherwise.
   2. Any agreement between the board and a county which provides for self-funded benefits shall contain a provision that such benefits are to be provided, to the extent fixed in the plan, by the county and that the corporation does not guarantee the benefits.
2. The board is authorized to specify in the plan reasonable employee classifications.
3. Counties are authorized to appropriate funds to provide the benefits specified in such plan and to pay their portion of the administrative costs of the board in administering the system. Each county is authorized to pay the total contribution on behalf of its employees or to provide that a portion be deducted from the salaries of participating employees.
4. Contributions paid by a county shall be paid from county funds which are on hand or which will be collected in the year the contribution is made and shall not be deemed to create a debt of the county. (Code 1981, § 36-21-5 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-21-6. Investment of funds.

The board is authorized to invest and reinvest funds held by it, in accordance with the bylaws of the corporation, in any investments which are legal investments for domestic insurance companies under the laws of this state or in any investments authorized for trustees of private employee benefit plans by the federal Employees Retirement Income Security Act of 1974, as amended.

(Code 1981, § 36-21-6 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-21-7. Funds not subject to process, levy, or attachment; nonassignability.

Funds held by the board of trustees or for its account shall not be subject to process, levy, or attachment; nor shall benefits arising under this chapter or any contract pursuant to this chapter be assignable unless otherwise specifically permitted under the plan of benefits.

(Code 1981, § 36-21-7 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-21-8. Chapter exempt from regulation under Title 33.

The provision of employee benefits pursuant to this chapter shall not be subject to regulation under Title 33.

(Code 1981, § 36-21-8 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-21-9. Tax-exempt status.

The employee benefit system shall be exempt from state and local taxes and fees.

(Code 1981, § 36-21-9 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-21-10. State debt not created.

Nothing in this chapter shall create a debt of the State of Georgia.

(Code 1981, § 36-21-10 , enacted by Ga. L. 1999, p. 1190, § 1.)

36-22-1 through 36-22-15. Redesignated.

Editor's notes. - Code Sections 36-22-1 through 36-22-4 and Code Sections 36-22-8 through 36-22-15, relating to land conservation, were redesignated as Chapter 6A of Title 12 by Ga. L. 2008, p. 90, § 1-1/HB 1176, effective July 1, 2008.

Code Sections 36-22-5 through 36-22-7 were previously reserved and repealed by Ga. L. 2005, p. 175, § 2/HB 98, effective April 14, 2005, and were based on Code 1981, §§ 36-22-5 through 36-22-7, enacted by Ga. L. 2000, p. 392, § 1.

36-30-1. Meaning of terms "city," "town," "municipality," or "village."

Wherever the words "city," "town," "municipality," or "village" appear in the statutory laws of this state, such words shall be construed as synonymous, and the General Assembly so declares this to be its intention in the use of these words; such words shall be held to mean a municipal corporation as defined by statutory law and judicial interpretation.

(Ga. L. 1964, p. 170, § 1.)

Law reviews. - For article, "Selected Oddities in Georgia Municipal Law," see 9 Ga. L. Rev. 783 (1975). For article, "Researching Georgia Law," see 34 Ga. St. U. L. Rev. 741 (2015).

36-30-2. Management and disposition of property.

The council or other governing body of a municipal corporation has discretion in the management and disposition of its property. Where such discretion is exercised in good faith, equity will not interfere therewith.

(Civil Code 1895, § 746; Civil Code 1910, § 895; Code 1933, § 69-203.)

History of section. - This Code section is derived from the decision in Semmes v. Columbus, 19 Ga. 471 (1856) and Mayor of Athens v. Camak, 75 Ga. 429 (1885).

Law reviews. - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963). For note discussing governmental immunity from tort liability in Georgia, see 5 Ga. St. B. J. 494 (1969).

36-30-3. Ordinances of a council not to bind succeeding councils; exceptions.

1. One council may not, by an ordinance, bind itself or its successors so as to prevent free legislation in matters of municipal government.
2. The governing authorities of municipal corporations having a population of not less than 100,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census may on behalf of such municipal corporations enter into contracts with respect to the ownership, maintenance, construction, or reconstruction of street overpasses and underpasses of railroad properties which shall be binding upon such authorities and successors. Contracts executed by the governing authorities of such municipal corporations prior to December 31, 1977, with respect to the ownership, maintenance, construction, or reconstruction of street overpasses and underpasses of railroad properties are ratified and confirmed.
3. 1. The governing authorities of municipal corporations having a population of not less than 350,000 according to the United States decennial census of 1980 or any future such census may, on behalf of such municipal corporations, authorize the mayor to enter into contracts with private or public entities not involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities for periods not exceeding 50 years and for a valuable consideration, which contracts shall be binding on such municipal corporations and on such authorities and successors, with respect to the leasing, subleasing, maintenance, or management of property for retail facilities, restaurants, or office or other commercial use, or for residential use, or with respect to property or facilities used for nonprofit museum purposes, which property or facilities are located in its downtown development area, as defined in paragraph (3) of Code Section 36-42-3; and to authorize the mayor to include in any such contracts for use of property which is located in a downtown development area and is in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title or to enter into amendments to any such existing or future contracts for use of property which is located in such areas in order to include terms and conditions which provide for renewals or extensions of the term of such contracts for a period of time not to exceed an additional 50 years.  The limitation involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities shall not apply to contracts for the use of property for nonprofit museum purposes, nor shall such limitation apply to contracts for the leasing, subleasing, maintenance, or management of property or facilities which, in addition to being located in a downtown development area, are also located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title, the "Urban Redevelopment Law."
   2. The governing authorities of any municipal corporation in this state having a population of 350,000 or more according to the United States decennial census of 1980 or any future such census may authorize the mayor to execute contracts on behalf of such municipal corporation for periods not exceeding 50 years and for valuable consideration with public or private entities to support certificates of participation in a principal amount of not more than $100 million, which contracts shall be for the development, construction, leasing, subleasing, maintenance, or management of property or facilities used for criminal justice purposes and located within the downtown development area of such municipal corporation as defined in paragraph (3) of Code Section 36-42-3 and shall be binding on such municipal corporation and such authorities and their successors.
4. The governing authority of any municipal corporation 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 municipal corporation for electric, natural gas, or water utility services to be provided by the municipal corporation to one or more of its utility customers. Nothing in this subsection, however, shall be construed to grant to any municipal governing authority the right or power to specify the rates, fees, or charges to be collected for electric, natural gas, or water utility services provided by a local authority, as defined in subsection (a) of Code Section 36-80-17, where the right or power to specify such rates, fees, or charges is otherwise vested by local constitutional amendment, general statute, or local law in the governing body of such local authority. Any such contract shall be subject to the following conditions and limitations:
   1. 1. Except as provided in subparagraph (B) of this paragraph, no such contract shall be for a term in excess of ten years.
      2. 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 municipal corporation from its obligations under the contract in the event that the municipal corporation's ability to comply with the contract is impaired by war, natural disaster, catastrophe, or any other emergency creating conditions under which the municipal corporation's compliance with the contract would become impossible or create a substantial financial burden upon the municipal corporation or its taxpayers.

      (Civil Code 1895, § 743; Civil Code 1910, § 892; Code 1933, § 69-202; Ga. L. 1979, p. 521, § 1; Ga. L. 1982, p. 2107, § 36; Ga. L. 1986, p. 841, § 1; Ga. L. 1987, p. 3, § 36; Ga. L. 1987, p. 175, § 1; Ga. L. 1987, p. 275, § 1; Ga. L. 1989, p. 1287, § 1; Ga. L. 1990, p. 286, § 1; Ga. L. 1991, p. 989, § 1; Ga. L. 1998, p. 1113, § 2; Ga. L. 2019, p. 605, § 2/SB 95.)

The 2019 amendment, effective July 1, 2019, rewrote paragraph (d)(1), which read: "No such contract shall be for a term in excess of ten years;".

History of section. - This Code section is derived from the decision in Williams v. City Council, 68 Ga. 816 (1882).

Cross references. - Constitutional provisions placing limitations on debt which may be incurred by a county, municipality, or political subdivision, Ga. Const. 1983, Art. IX, Sec. V, Para. I.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, "United States" was substituted for "United State" in subsection (c).

Law reviews. - For article, "Local Government and Contracts that Bind," see 3 Ga. L. Rev. 546 (1969). For article, "Binding Contracts in Georgia Local Government Law: Recent Perspectives," see 11 Ga. St. B. J. 148 (1975). For article discussing the origin and construction of Georgia statute concerning the authority of a council to bind its successors, see 14 Ga. L. Rev. 239 (1980). For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986). For article, "Binding Contracts in Georgia Local Government Law: Configurations of Codification," see 24 Ga. L. Rev. 95 (1989). For article, "The Georgia Supreme Court and Local Government Law: Two Sheets to the Wind," see 16 Ga. St. U. L. Rev. 361 (1999). For article, "Local Government Litigation: Some Pivotal Principles," see 55 Mercer L. Rev. 1 (2003). For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004). For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005). For survey article on local government law, see 60 Mercer L. Rev. 263 (2008). For annual survey on local government law, see 64 Mercer L. Rev. 213 (2012). For survey article on local government law, see 67 Mercer L. Rev. 147 (2015). For note on 1990 amendment of this Code section, see 7 Ga. St. U. L. Rev. 324 (1990).

36-30-4. Eligibility of members of municipal councils or boards of aldermen for other municipal offices.

A councilman or alderman of a municipal corporation shall be ineligible to hold any other municipal office during the term of office for which the councilman or alderman was chosen unless he first resigns as councilman or alderman before entering such other office. This Code section shall apply to all elected officials of a municipal corporation.

(Ga. L. 1889, p. 181, § 1; Ga. L. 1890-91, p. 226, § 1; Ga. L. 1895, p. 79, § 1; Civil Code 1895, § 739; Ga. L. 1899, p. 26, § 1; Civil Code 1910, § 886; Code 1933, § 69-201; Ga. L. 1957, p. 97, § 1.)

Cross references. - Vacancies created by elected officials qualifying for other office, Ga. Const. 1983, Art. II, Sec. II, Para. V.

Law reviews. - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963).

36-30-5. Inclusion of residency in annexed territory in computing period of residence necessary to qualify for office.

Whenever the charter of any incorporated municipality provides for a prior period of residency in the municipality as a qualification for the election or appointment of any person to any office or position in the municipal government, residence in territory which is afterwards annexed to the municipality shall be deemed residence within the municipality for the purpose of computing the period of residence to make one eligible to hold such office or position.

(Ga. L. 1963, p. 426, § 1.)

36-30-6. Voting upon questions by interested councilmembers.

It is improper and illegal for a member of a municipal council to vote upon any question brought before the council in which he is personally interested.

(Civil Code 1895, § 751; Civil Code 1910, § 900; Code 1933, § 69-204.)

History of section. - This Code section is derived from the decision in Daly v. Georgia S. & F.R.R., 80 Ga. 793 , 7 S.E. 146 (1888).

Law reviews. - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963). For article surveying important general legal principles of municipal and county government purchasing and contracting in Georgia, see 16 Mercer L. Rev. 371 (1965). For article discussing the impropriety of municipal employees representing their own self-interests in public matters, specifically relating to municipal purchasing, see 5 Ga. St. B.J. 309 (1969). For article discussing the effect of the general criminal statute on self-interest and municipal purchasing ( § 16-10-6 ) on the general statute on votes by municipal councilmen in matters of personal interest (this section) and on local statutory law, see 7 Ga. St. B.J. 431 (1971).

36-30-7. Authorization and procedure for surrender of corporate charter.

A municipal corporation in this state is authorized to surrender its corporate charter when such municipal corporation has not functioned under the corporate charter for a period of ten years, by petitioning the superior court of the county in which the municipal corporation lies, such petition being made by a majority of the registered voters of the nonfunctioning municipal corporation. Thereupon, the judge of the superior court may receive the surrendered corporate charter and by order of the court declare the municipal corporation to be dissolved. Any order of any superior court judge dissolving any municipal corporation within this state will be furnished in duplicate to the Secretary of State and shall serve as notice upon the Secretary of State that the municipal corporation has, by order of the court, been dissolved as a municipal corporation.

(Ga. L. 1947, p. 1545, § 1.)

Law reviews. - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963). For article, "Selected Oddities in Georgia Municipal Law," see 9 Ga. L. Rev. 783 (1975). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).

36-30-7.1. Inactive municipalities.

1. On and after July 1, 1995, any municipal corporation in this state shall be deemed an inactive municipality and its charter shall be repealed by operation of law if the municipal corporation fails to meet any of the minimum standards provided in subsection (b) of this Code section for determining an active municipality.
2. An active municipality is any incorporated municipality in this state the governing body of which meets each of the following minimum standards:
   1. Provides at least three of the following services, either directly or by contract:
      1. Law enforcement;
      2. Fire protection (which may be furnished by a volunteer fire force) and fire safety;
      3. Road and street construction or maintenance;
      4. Solid waste management;
      5. Water supply or distribution or both;
      6. Waste-water treatment;
      7. Storm-water collection and disposal;
      8. Electric or gas utility services;
      9. Enforcement of building, housing, plumbing, and electrical codes and other similar codes;
      10. Planning and zoning; and
      11. Recreational facilities;
   2. Holds at least six regular, monthly or bimonthly, officially recorded public meetings within the 12 months next preceding the execution of the certificate required by subsection (c) of this Code section; and
   3. Qualifies for and holds a regular municipal election as provided by law, other than a municipality which has a governing authority comprised of commissioners or other members who are appointed by a judge of the superior court.
3. Not later than July 1, 1994, each municipal corporation in this state shall file with the Department of Community Affairs either:
   1. A certification from the governing authority that the municipal corporation meets the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section; or
   2. A certification from the governing authority that the municipal corporation does not meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section, including a statement that the governing authority recognizes that its legal existence will under the provisions of this Code section be terminated as of July 1, 1995.
4. After October 15, 1994, the Department of Community Affairs shall transmit to the governing authority of each municipal corporation in the state either:
   1. A statement confirming that the Department of Community Affairs has received from the municipal corporation the filing required by subsection (c) of this Code section, including  a statement of which type of filing was received from that municipal corporation; or
   2. A statement that the Department of Community Affairs has not received from the municipal corporation the filing required by subsection (c) of this Code section, including a statement that the municipal corporation's legal existence will be terminated as of July 1, 1995, unless such filing is received by December 31, 1994.
5. A municipal corporation which does not timely make the filing required by subsection (c) of this Code section shall have a grace period until December 31, 1994, to make such filing. However, if such filing is not made by December 31, 1994, the legal status of the municipal corporation shall be the same as that of a municipal corporation which does not meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section; and such municipal corporation shall cease to have legal existence as of July 1, 1995.
6. As quickly as practicable after December 31, 1994, the Department of Community Affairs shall compile a listing of all municipal corporations in this state indicating those whose legal existence will be terminated as of July 1, 1995, and those whose legal existence will not be so terminated.  A certified copy of such listing shall be provided to the Secretary of State and shall be conclusive evidence, acceptable in any court and recordable in any public records, of the termination or continuation of existence of a municipal corporation.  The Secretary of State shall transmit such a certified copy of the listing to the legislative counsel for publication in the Georgia Laws for the year 1995, and all courts of this state may take judicial notice of the listing so published.
7. Upon the termination of existence of a municipal corporation as provided for in this Code section, the existence of any local authority created by or for such municipal corporation shall likewise terminate on the same date. Upon the termination of any municipal corporation or local authority under this Code section, all assets, property, and legal rights and obligations of the municipal corporation or local authority shall devolve by operation of law upon the governing authority of the county in which the legal situs of the municipal corporation or local authority was located; provided, however, that this devolution of rights and obligations shall in no manner obligate the county to provide continued employment for any employee of the abolished municipal corporation or local authority.  In the case of legal indebtedness of a municipal corporation or local authority devolving upon a county under this Code section, the county shall be authorized but not required to levy a special district tax, fee, or assessment within the formerly incorporated territory (or a portion thereof corresponding to any special district for which the indebtedness was incurred) for the purpose of retiring all or a portion of such indebtedness.  Assets devolved to the county governing authority pursuant to this Code section which are deemed to be excess by the county shall be used to retire any indebtedness of the terminated municipal corporation or local authority. Property devolved to the county governing authority pursuant to this Code section which is deemed to be unnecessary by the county shall be sold and the proceeds from such sale used to retire any indebtedness of the terminated municipal corporation or local authority.
8. 1. Upon the termination of existence of a municipal corporation as provided in this Code section, the geographic area that was contained in the boundaries of the former municipal corporation may continue to be identified under the same name and style as the former municipal corporation, and for such purpose signs and other appropriate insignia may be erected for such identification.
   2. The Department of Community Affairs shall establish a designation of "historic township" for communities created on or before 1900, provide for the establishment of unincorporated town councils, provide a procedure for converting such municipalities to townships, and for registration of such.
9. At the session of the General Assembly held in the year 1996 only, a new charter may be granted to a municipal corporation which ceased to exist under the provisions of this Code section solely because of a failure to make the required filing with the Department of Community Affairs (not including any case where the municipal corporation failed to meet the minimum standards of an active municipality enumerated in subsection (b) of this Code section), without regard to the minimum standards for incorporation set out in Chapter 31 of this title. In such a case the local law granting the new charter shall have attached thereto, in lieu of the certificate otherwise required by Code Section 36-31-5, a certificate by the author of the bill stating that the requirements of this subsection are met by the municipal corporation being reincorporated. In any such case assets and property and rights and obligations which devolved upon the county shall be retransferred from the county back to the municipal corporation.
10. In any case in which the legal dissolution of a municipal corporation has not been certified under the provisions of subsection (f) of this Code section but the municipal corporation does not in fact meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section, any citizen of the municipal corporation or the county in which the legal situs of the municipal corporation is located may bring at any time on or after July 1, 1995, a declaratory judgment action for a declaration of the dissolution of the municipal corporation. Any such action shall be brought in the superior court of the county wherein the legal situs of the municipal corporation is located.  If a judgment is entered declaring the dissolution of the municipal corporation, the court shall file a certified copy of the judgment with the Secretary of State and the legislative counsel.  A copy of such judgment shall be published in the next publication of the annual session laws with the same status and effect provided for in subsection (f) of this Code section; and a certified copy of the judgment from the court or the Secretary of State shall have the same status and effect as described in subsection (f) of this Code section. (Code 1981, § 36-30-7.1 , enacted by Ga. L. 1993, p. 1579, § 1; Ga. L. 1996, p. 6, § 36.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1993, "Recreational facilities" was substituted for "Recreational Facilities" in subparagraph (b)(1)(K), the paragraph (1) and (2) designations were added in subsection (h), and a comma was inserted following "to townships" in paragraph (h)(2).

Law reviews. - For annual survey article on local government law, see 52 Mercer L. Rev. 341 (2000). For note on 1993 enactment of this Code section, see 10 Ga. St. U. L. Rev. 160 (1993).