Contracts With State Agencies and Adjoining Counties

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. State, County, and Municipal Road Systems
  5. Municipal Street Systems
  6. Exercise by Municipalities of Power to Contract Generally
  7. Contracts With State Agencies and Adjoining Counties

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  1. A contract with a state agency is subject to those limitations of subparagraph (d)(1)(A) and paragraph (2) of subsection (d) of Code Section 32-2-61.
    1. A municipality may contract with any county in which part of the municipality lies for the construction and maintenance of a public road within the limits of such municipality. A municipality may contract with any county abutting the corporate limits of such municipality for the construction and maintenance of a bridge within the limits of both such municipality and such county.
    2. In such contract, the county may agree to use any county funds available for the construction and maintenance of roads in such county, including funds derived from general obligation bonds issued after approval in a county-wide election, to pay the costs, in whole or in part, of the construction or maintenance of such public road.
    3. In such contract, the municipality may agree to use any funds available for the construction and maintenance of roads in such municipality, together with any funds the municipality may collect pursuant to its power to assess any part of its share of the cost of such contract against abutting and adjoining property and the owners thereof according to the provisions of Chapter 39 of Title 36, as if the municipality were performing the work alone, unless the terms of such assessment shall be in violation of the municipality's charter, an ordinance of the municipality, or a general law of the state.
    4. The work under such contract may be performed either by county or municipal forces or by a contractor employed by either or jointly.

(Code 1933, § 95A-833, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2018, p. 714, § 1/SB 324.)

The 2018 amendment, effective July 1, 2018, added the second sentence in paragraph (b)(1).

OPINIONS OF THE ATTORNEY GENERAL

Contract for improvement of county road located in municipality.

- County may, by contract, obtain the cooperation of a municipality in the right-of-way acquisition for, and construction and maintenance of, a county road located within the municipality, but the county cannot require this of a municipality absent an appropriate contract. 1986 Op. Att'y Gen. No. U86-27.


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