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2018 Georgia Code 36-64-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-64-5 Case Law from Google Scholar Amendments to OCGA 36-64-5

TITLE 36 LOCAL GOVERNMENT

Chapter 64 information not found

ARTICLE 2 DEVELOPMENT AUTHORITIES

36-64-5. Establishment of recreation board; powers and responsibilities; members; terms; officers; vacancies.

If the governing body of any county or municipality determines that the power to provide, establish, conduct, and maintain a recreation system should be exercised by a park or recreation board, such governing body, by resolution or ordinance, shall establish a recreation board in such municipality or county which shall possess all the powers and be subject to all the responsibilities of local authorities under this chapter. The board, when established, shall consist of a minimum of five persons and a maximum of nine persons, serving without pay, to be appointed by the mayor or presiding officer of the county or municipality. The terms of office of the members of the board shall be for five years or until their successors are appointed and qualified, except that the appointing authority, in making initial appointments or in filling vacancies, is authorized and directed to vary the initial terms of members or the terms of persons appointed to fill vacancies in such a manner that thereafter the term of at least one member shall expire annually. Immediately after its appointment, the board shall meet and organize by electing one of its members president and such other officers as may be necessary. Vacancies in the board occurring otherwise than by expiration of term shall be filled by the mayor or presiding officer of the governing body only for the unexpired term, except as otherwise provided in this chapter.

(Ga. L. 1923, p. 106, § 4; Code 1933, § 69-604; Ga. L. 1946, p. 152, § 4; Ga. L. 1971, p. 262, § 1.)

JUDICIAL DECISIONS

Prohibition of dissolution of authority without paying creditors.

- It would be unconscionable, perhaps even unconstitutional, for a governmental body to create a separate legal entity capable of incurring debts, to reap benefits from purchases made by the entity, and then to dissolve the entity with an express prohibition against paying any of the creditors, and therefore the trial court erred in granting summary judgment for the city in suit by a creditor to collect a bill for recreational supplies allegedly purchased by a municipal recreation authority prior to the authority's dissolution. Got-It Hdwe. & Gifts, Inc. v. City of Ashburn, 155 Ga. App. 214, 270 S.E.2d 380 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 12.

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