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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 36. LOCAL GOVERNMENT |
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Provisions PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY |
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Chapter 34. POWERS OF MUNICIPAL CORPORATIONS GENERALLY |
| § 36-34-1. Legislative intent |
| § 36-34-2. Powers relating to administration of government generally |
| § 36-34-3. Acquisition and operation of certain buildings and facilities; contracts with other political subdivisions for joint use |
| § 36-34-4. Establishment of facilities and services for treatment of patients |
| § 36-34-5. Acquisition and construction of water and sewage systems |
| § 36-34-5.1. Lease agreements for providing library services |
| § 36-34-5.2. Leases and contracts for operation and maintenance of botanical gardens in municipal corporations having population of more than 300,000 |
| § 36-34-5.3. Leases and contracts for operation and maintenance of public zoos in municipal corporations having population of more than 300,000 |
| § 36-34-6. Financing of facilities and services |
| § 36-34-7. Powers supplemental |
| § 36-34-8. Provisions of chapter general law; enactment of local or special laws on subject matters covered by chapter; effect of chapter upon amendment of municipal charters |
REFS & ANNOS
TITLE 36 Chapter 34 NOTE
CROSS REFERENCES. --Constitutional provision authorizing General Assembly to provide for self-government of municipalities, Ga. Const. 1983, Art. IX, Sec. II, Para. II. Authority of governing body, planning agency, of municipality to approve plans for clearance, development, of blighted areas, § 8-4-5. Resolution of conflicts between this chapter and Ch. 35 of this title, § 36-35-8.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the issues, decisions prior to enactment of this chapter are included in the annotations for this chapter.
MUNICIPALITY IS A POLITICAL DIVISION OF THE STATE, having for the municipality's object the administration of a portion of the power of government delegated to the municipality for that purpose. Cruise v. City of Rome, 94 Ga. App. 373, 94 S.E.2d 617 (1956); Spence v. Rowell, 213 Ga. 145, 97 S.E.2d 350 (1957) (decided under former Code 1933 § 22-103).
NATURE OF POWERS POSSESSED BY MUNICIPAL CORPORATION. --Municipal corporation possesses, and can exercise, the following powers, and no others: first, those granted in express words; second, those necessarily or fairly implied; third, those essential to the declared objects and purposes of the corporation -- not simply convenient, but indispensable. Jewel Tea Co. v. City Council, 59 Ga. App. 260, 200 S.E. 503 (1938) (decided under former law).
POWERS GRANTED TO MUNICIPAL CORPORATIONS ARE TO BE STRICTLY CONSTRUED, and if there is any reasonable doubt of the existence of the power, it will be resolved against the municipality. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953) (decided under former Code 1933, § 69-203).
Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the municipal corporation. Jewel Tea Co. v. City Council, 59 Ga. App. 260, 200 S.E. 503 (1938) (decided under former law).
POWERS OF MUNICIPAL CORPORATION ARE FIXED by the municipality's charter and by general statutory authority relating to such corporations, and the municipal corporation may exercise such powers as are expressly delegated to the municipality, as well as those which would be reasonably implied from the express terms of the charter. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953) (decided under former Code 1933, § 69-203).
DUTY TO PROTECT CITIZEN. --Municipality, like the state as a whole, owes as the municipality's paramount duty to the citizen the protection of the citizen's person and property. Cruise v. City of Rome, 94 Ga. App. 373, 94 S.E.2d 617 (1956) (decided under former law).
MUNICIPAL CORPORATION IS WITHOUT AUTHORITY, not only to contract or incur liability, but to donate the municipality's money or property, unless authorized by the municipality's charter or some general law of the state. Such a power is not conferred by a general welfare provision in the charter. Miller v. City of Cornelia, 188 Ga. 674, 4 S.E.2d 568 (1939) (decided under former law).
MUNICIPALITIES HAVE RIGHT TO CONTROL BURIALS IN PUBLIC CEMETERIES. --Municipalities, under authority to protect the health of a municipality's citizens, have the right to control, by reasonable regulations, the interment and disinterment of bodies in public or municipal cemeteries. Mayor of Savannah v. Colding, 181 Ga. 260, 181 S.E. 821 (1935) (decided under former law).
CITED in City of Athens v. McGahee, 178 Ga. App. 76, 341 S.E.2d 855 (1986).
OPINIONS OF THE ATTORNEY GENERAL
MUNICIPALITY CANNOT, EVEN WITH APPROVAL BY REFERENDUM ELECTION, CONSTRUCT BUILDING FOR RENTAL TO PRIVATE INDUSTRY as municipalities have no authority to enter into business. 1954-56 Op. Att'y Gen. p. 489 (decided under former law).
RESEARCH REFERENCES
ALR. --Power of municipality to exact license tax or fee from interurban carrier, 31 ALR 594.
Power of municipal corporation to submit to arbitration, 40 ALR 1370.
Power of municipal corporation or authorities to employ detective, 45 ALR 737.
Delegation by municipality of its powers as to building regulations, 46 ALR 88.
Power of municipality to acquire and operate ice plant, 46 ALR 836; 68 ALR 872.
Power of municipal corporation to fix rates of motor vehicles for hire, 65 ALR 1364.
Power of municipality as to billboards and outdoor advertising, 72 ALR 465.
Power of municipal corporation to employ attorney, 83 ALR 135.
Power of municipality to classify for purposes of taxation as affected by classification made by state or its failure to classify, 110 ALR 1203.
Power of municipality to impose chain store license tax, 111 ALR 596.
Delegation to board or officer of police power to require vacation, destruction, or repair of individual building deemed by such officer or board unsafe or insanitary, apart from noncompliance with specific regulations, 114 ALR 446.
Right of municipality to invoke constitutional provisions against acts of state legislature, 116 ALR 1037.
Power of municipalities or other political subdivisions to engage in a joint project or enterprise, 123 ALR 997.
Municipal ordinance relating to persons engaged in specified occupations or professions as applicable to officials or employees of state or political subdivision other than the municipality, 123 ALR 1383.
Municipal license as affecting municipality's exercise of police power adversely to licensee, 124 ALR 523.
Power of municipal corporation to contribute financially to municipal league or other organizations of a similar character, 169 ALR 1230.
Power of municipality to sell, lease, or mortgage public utility plant or interest therein, 61 ALR2d 595.
Power of municipal corporation to submit to arbitration, 20 ALR3d 569.
Power of municipal corporation to lease or sublet property owned or leased by it, 47 ALR3d 19.
Power of municipality to charge nonresidents higher fees than residents for use of municipal facilities, 57 ALR3d 998.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the issues, decisions prior to enactment of this chapter are included in the annotations for this chapter.
MUNICIPALITY IS A POLITICAL DIVISION OF THE STATE, having for the municipality's object the administration of a portion of the power of government delegated to the municipality for that purpose. Cruise v. City of Rome, 94 Ga. App. 373, 94 S.E.2d 617 (1956); Spence v. Rowell, 213 Ga. 145, 97 S.E.2d 350 (1957) (decided under former Code 1933 § 22-103).
NATURE OF POWERS POSSESSED BY MUNICIPAL CORPORATION. --Municipal corporation possesses, and can exercise, the following powers, and no others: first, those granted in express words; second, those necessarily or fairly implied; third, those essential to the declared objects and purposes of the corporation -- not simply convenient, but indispensable. Jewel Tea Co. v. City Council, 59 Ga. App. 260, 200 S.E. 503 (1938) (decided under former law).
POWERS GRANTED TO MUNICIPAL CORPORATIONS ARE TO BE STRICTLY CONSTRUED, and if there is any reasonable doubt of the existence of the power, it will be resolved against the municipality. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953) (decided under former Code 1933, § 69-203).
Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the municipal corporation. Jewel Tea Co. v. City Council, 59 Ga. App. 260, 200 S.E. 503 (1938) (decided under former law).
POWERS OF MUNICIPAL CORPORATION ARE FIXED by the municipality's charter and by general statutory authority relating to such corporations, and the municipal corporation may exercise such powers as are expressly delegated to the municipality, as well as those which would be reasonably implied from the express terms of the charter. Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396 (1953) (decided under former Code 1933, § 69-203).
DUTY TO PROTECT CITIZEN. --Municipality, like the state as a whole, owes as the municipality's paramount duty to the citizen the protection of the citizen's person and property. Cruise v. City of Rome, 94 Ga. App. 373, 94 S.E.2d 617 (1956) (decided under former law).
MUNICIPAL CORPORATION IS WITHOUT AUTHORITY, not only to contract or incur liability, but to donate the municipality's money or property, unless authorized by the municipality's charter or some general law of the state. Such a power is not conferred by a general welfare provision in the charter. Miller v. City of Cornelia, 188 Ga. 674, 4 S.E.2d 568 (1939) (decided under former law).
MUNICIPALITIES HAVE RIGHT TO CONTROL BURIALS IN PUBLIC CEMETERIES. --Municipalities, under authority to protect the health of a municipality's citizens, have the right to control, by reasonable regulations, the interment and disinterment of bodies in public or municipal cemeteries. Mayor of Savannah v. Colding, 181 Ga. 260, 181 S.E. 821 (1935) (decided under former law).
CITED in City of Athens v. McGahee, 178 Ga. App. 76, 341 S.E.2d 855 (1986).
OPINIONS OF THE ATTORNEY GENERAL
MUNICIPALITY CANNOT, EVEN WITH APPROVAL BY REFERENDUM ELECTION, CONSTRUCT BUILDING FOR RENTAL TO PRIVATE INDUSTRY as municipalities have no authority to enter into business. 1954-56 Op. Att'y Gen. p. 489 (decided under former law).
RESEARCH REFERENCES
ALR. --Power of municipality to exact license tax or fee from interurban carrier, 31 ALR 594.
Power of municipal corporation to submit to arbitration, 40 ALR 1370.
Power of municipal corporation or authorities to employ detective, 45 ALR 737.
Delegation by municipality of its powers as to building regulations, 46 ALR 88.
Power of municipality to acquire and operate ice plant, 46 ALR 836; 68 ALR 872.
Power of municipal corporation to fix rates of motor vehicles for hire, 65 ALR 1364.
Power of municipality as to billboards and outdoor advertising, 72 ALR 465.
Power of municipal corporation to employ attorney, 83 ALR 135.
Power of municipality to classify for purposes of taxation as affected by classification made by state or its failure to classify, 110 ALR 1203.
Power of municipality to impose chain store license tax, 111 ALR 596.
Delegation to board or officer of police power to require vacation, destruction, or repair of individual building deemed by such officer or board unsafe or insanitary, apart from noncompliance with specific regulations, 114 ALR 446.
Right of municipality to invoke constitutional provisions against acts of state legislature, 116 ALR 1037.
Power of municipalities or other political subdivisions to engage in a joint project or enterprise, 123 ALR 997.
Municipal ordinance relating to persons engaged in specified occupations or professions as applicable to officials or employees of state or political subdivision other than the municipality, 123 ALR 1383.
Municipal license as affecting municipality's exercise of police power adversely to licensee, 124 ALR 523.
Power of municipal corporation to contribute financially to municipal league or other organizations of a similar character, 169 ALR 1230.
Power of municipality to sell, lease, or mortgage public utility plant or interest therein, 61 ALR2d 595.
Power of municipal corporation to submit to arbitration, 20 ALR3d 569.
Power of municipal corporation to lease or sublet property owned or leased by it, 47 ALR3d 19.
Power of municipality to charge nonresidents higher fees than residents for use of municipal facilities, 57 ALR3d 998.