O.C.G.A.

O.C.G.A. § 46-5-138 (2019)

Joint authorities

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a)(1) By proper resolution of the local governing bodies, an authority may be created and activated by:

(A) Any two or more municipal corporations;

(B) Any two or more counties; or Page: 511

(C) One or more municipal corporations and one or more counties.

(2) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county or municipal corporation, their terms of office, and their residency requirements.

(3) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies.

(b) The public authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency ‘‘911’’ system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund, including the Wireless Phase I and Phase II Reserve Accounts, maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly ‘‘911’’ charge or a monthly wireless enhanced ‘‘911’’ charge.

(c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority; (4) To receive and administer gifts, grants, and devises of any property; (5) To operate emergency call answering services for law enforcement, emergency management, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year; (6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency ‘‘911’’ system; (7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; and (8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority.

(d) The authority shall elect a chairperson and such other officers as deemed necessary by the authority. The authority shall select a director who shall be responsible for establishing operating standards and procedures and overseeing the operations of the emergency ‘‘911’’ system. The director may be an employee working in the operation of the emergency ‘‘911’’ system. The authority shall be responsible for hiring, training, supervising, and disciplining employees working in the operation of the emergency ‘‘911’’ system. An appropriate number of full-time and part-time employees shall be hired to operate the emergency ‘‘911’’ system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority.

(e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part.

(f ) Notwithstanding subsection (i) of Code Section 46-5-134, if the joint authority and each local governing body activating the joint authority certify to the service provider in writing prior to the end of the 18 month period in advance of the date on which the ‘‘911’’ service was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly ‘‘911’’ charge for an additional period of 18 months or until the ‘‘911’’ service becomes fully operational, whichever occurs first.

History

(Code 1981, § 46-5-138, enacted by Ga. L. 1993, p. 1368, § 3; Ga. L. 1998, p. 1017, § 12; Ga. L. 2004, p. 366, § 2A.)

Annotations

The 2004 amendment, effective July 1, 2004, added subsection (f ).

Notes of Decisions
Cited in 2 cases, 2008–2017 · leading case: Bellsouth Telecomm., LLC Et Al. v. Cobb Cnty. Et Al., 802 S.E.2d 686 (Ga. Ct. App. 2017).
Bellsouth Telecomm., LLC Et Al. v. Cobb Cnty. Et Al., 802 S.E.2d 686 (Ga. Ct. App. 2017). · cites it 4× “” OCGA § 46-5-138 (c) (1). However, the fact that the Counties may sue or be sued does not confer a right of action; it merely confers the capacity to sue.”
Barbara Fender v. Clinch Cnty., Georgia, 295 F. App'x 957 (11th Cir. 2008). · cites it 2× “An authority created under this statute has “all of the powers necessary or convenient to carry out and effectuate” the provision of emergency 911 services, including the power to “bring and defend actions” and “to make and execute contracts.”
— 46-5-138(c) — 1 case
Bellsouth Telecomm., LLC Et Al. v. Cobb Cnty. Et Al., 802 S.E.2d 686 (Ga. Ct. App. 2017). “” OCGA § 46-5-138 (c) (1). However, the fact that the Counties may sue or be sued does not confer a right of action; it merely confers the capacity to sue.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.