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Call Now: 904-383-7448(a) The General Assembly may provide by law for any matters necessary or convenient to authorize the consolidation of the governmental and corporate powers and functions vested in municipalities with the governmental and corporate powers and functions vested in a county or counties in which such municipalities are located; provided, however, that no such consolidation shall become effective unless separately approved by a majority of the qualified voters of the county or each of the counties and of the municipality or each of the municipalities located within such county or counties containing at least 10 percent of the population of the county in which located voting thereon in such manner as may be prescribed in such law. Such law may provide procedures and requirements for the establishment of charter commissions to draft proposed charters for the consolidated government, and the General Assembly is expressly authorized to delegate its powers to such charter commissions for such purposes so that the governmental consolidation proposed by a charter commission may become effective without the necessity of further action by the General Assembly; or such law may require that the recommendation of any such charter commission be implemented by a subsequent local law.
(b) The General Assembly may provide by general law for alternatives other than governmental consolidation as authorized in subparagraph (a) above for the reorganization of county and municipal governments, including, but not limited to, procedures to establish a single governing body as the governing authority of a county and a municipality or municipalities located within such county or for the redistribution of powers between a county and a municipality or municipalities located within the county. Such law may require the form of governmental reorganization authorized by such law to be approved by the qualified voters directly affected thereby voting in such manner as may be required in such law.
(c) Nothing in this Paragraph shall be construed to limit the authority of the General Assembly to repeal municipal charters without a referendum.
- Art. IX, Sec. IV, Para. I.
- Merger of municipal government with county, T. 36, Ch. 68.
- For article, "The County Spending Power: An Abbreviated Audit of the Account," see 16 Ga. L. Rev. 599 (1982). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).
A county governing authority can create geographical areas within boundaries of a county which are called zones; the governing authority can declare that the land in a zone can be used only for specified purposes or uses and that all other specified purposes or uses of the land in that zone are prohibited; and only after the uses that are permitted on the land in a zone have been declared may reasonable regulations regulating those permitted uses be applied and enforced by the governing authority. Gifford-Hill & Co. v. Harrison, 229 Ga. 260, 191 S.E.2d 85 (1972).
- The owner of land, or one in contractual relationship with the owner, has a right to be issued authorization to use the land for the purpose for which it is zoned at the time the owner makes an application for such authorization; the governing authority can thereafter rezone the land to prohibit a use previously permitted, and by such rezoning the previous use thereby becomes a nonconforming use which under the rezoning can be required to terminate within a reasonable time; but a governing authority cannot deny or postpone authorization for a permitted use with a view toward rezoning said land in the future so as to prohibit by rezoning a use that was permitted at the time the application was either denied or postponed. Gifford-Hill & Co. v. Harrison, 229 Ga. 260, 191 S.E.2d 85 (1972).
Cited in Barge v. Camp, 209 Ga. 38, 70 S.E.2d 360 (1952); Hart v. Columbus, 125 Ga. App. 625, 188 S.E.2d 422 (1972); City of Columbus v. Rudd, 229 Ga. 568, 193 S.E.2d 11 (1972); City of Atlanta v. Metropolitan Atlanta Rapid Transit Auth., 506 F. Supp. 883 (N.D. Ga. 1980).
- The political subdivision resulting from this paragraph is neither a city nor a county in a strict sense, but is a new type of political entity. 1971 Op. Att'y Gen. No. U71-35 (see Ga. Const. 1983, Art. IX, Sec. III, Para. II).
- The General Assembly cannot consolidate the governments of a municipality and county without a referendum of the people affected. 1970 Op. Att'y Gen. No. U70-137.
Cities located in more than one county may be consolidated with a county government; however, in the absence of a change in county lines or some additional general legislation to provide for consolidating governments of a city and more than one county, the city would have to give up some of its territory. 1998 Op. Att'y Gen. No. U98-10.
General discussion of consolidated city-county government of Columbus, Georgia. 1971 Op. Att'y Gen. No. 71-169.
- Subparagraph (a) of Ga. Const. 1983, Art. IX, Sec. III, Para. II may be implemented by either general or local law, but a local law may not alter or vary the qualifications, duties, or responsibilities of constitutional county officers. 1984 Op. Att'y Gen. No. U84-1.
- Where there is a local constitutional amendment governing consolidation, subsequent consolidation could take place under either the general constitutional authorization or the local constitutional amendment, if not otherwise limited. 1984 Op. Att'y Gen. No. U84-1.
- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 74, 75.
- 62 C.J.S., Municipal Corporations, §§ 88 et seq., 238.
- Delegation of matter of building regulations to private individuals or associations, 2 A.L.R. 882.
What are "public utilities" within constitutional or statutory provisions relating to purchase, construction, or repair of same by municipal corporation, 9 A.L.R. 1033; 35 A.L.R. 592.
Extension of police power of municipal corporation beyond territorial limits, 55 A.L.R. 1182; 14 A.L.R.2d 103.
Power of municipality to make expenditures for advertising or other forms of publicity, 79 A.L.R. 466.
Acceptance by municipality of street improvement as binding on property owners as regards contractor's performance of his obligations, 79 A.L.R. 1107.
Damages resulting from temporary conditions incident to a public improvement as a taking or damaging within constitutional provisions, 98 A.L.R. 956.
Constitutionality of statutory plan for financing or refinancing smaller political units by larger political unit, 106 A.L.R. 608.
Payment of attorneys' services in defending action brought against officials individually as within power or obligation of public body, 130 A.L.R. 736.
Validity of municipal ordinance imposing requirements on outside producers of milk to be sold in city, 14 A.L.R.2d 103.
Damages resulting from temporary conditions incident to public improvements or repairs as compensable taking, 23 A.L.R.4th 674.