Interest by Public Official or Employee or Employee of Redevelopment Agency in Redevelopment Project or Property; Disclosure; Eligibility of Commissioners and Officers of Housing Authorities for Other Office

  1. Law
  2. Georgia Code
  3. Local Government
  4. Urban Redevelopment
  5. Interest by Public Official or Employee or Employee of Redevelopment Agency in Redevelopment Project or Property; Disclosure; Eligibility of Commissioners and Officers of Housing Authorities for Other Office

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  1. No public official or employee of a municipality or county or of a board or commission thereof and no commissioner or employee of a housing authority or urban redevelopment agency which has been vested by a municipality or county with urban redevelopment project powers under Code Section 36-61-17 shall voluntarily acquire any interest, direct or indirect, in any urban redevelopment project of such municipality or county or in any property included or planned to be included in any such urban redevelopment project or in any contract or proposed contract in connection with such urban redevelopment project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and such disclosure shall be entered upon the minutes of the governing body. If any such official, commissioner, or employee presently owns or controls, or owned or controlled within the preceding two years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban redevelopment project, he shall immediately disclose this in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body; any such official, commissioner, or employee shall not participate in any action by the municipality or county or a board or commission thereof, the housing authority, or the urban redevelopment agency affecting such property. Any disclosure required to be made by this Code section to the local governing body shall concurrently be made to a housing authority or urban redevelopment agency which has been vested with urban redevelopment project powers by the municipality or county pursuant to Code Section 36-61-17.
  2. Directors of a downtown development authority designated as an urban redevelopment agency pursuant to this chapter and other public officers of the municipality or county may serve as commissioners of the urban redevelopment agency, provided that such persons comply with the provisions of subsection (a) of this Code section.
  3. Any violation of this Code section shall constitute misconduct in office.

(Ga. L. 1955, p. 354, § 17; Ga. L. 1992, p. 2533, § 17; Ga. L. 2010, p. 834, § 1/SB 456.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 248 et seq. 63C Am. Jur. 2d, Public Officers and Employees, §§ 195, 235, 236, 242 et seq.

C.J.S.

- 62 C.J.S., Municipal Corporations, §§ 429, 430, 433, 434.

CHAPTER 62 DEVELOPMENT AUTHORITIES

Sec.

  • 36-62-1. Short title.
  • 36-62-2. Definitions.
  • 36-62-3. Constitutional authority for chapter; finding of public purposes; tax exemption.
  • 36-62-4. Development authorities created; appointment and terms of directors; quorum; adoption and filing of resolution of need.
  • 36-62-5. Directors; officers; compensation; adoption of bylaws; delegation of powers and duties; conflicts of interest; audits.
  • 36-62-5.1. Joint authorities.
  • 36-62-6. Powers of authority generally.
  • 36-62-6.1. Obtaining real property within adjoining county which will be exchanged for federal property.
  • 36-62-7. Operation of project by governmental units prohibited; sale or lease of property for operation.
  • 36-62-8. Obligations of authority; use of proceeds; status as revenue obligations; subsequent series of bonds or notes; bond anticipation notes; interest rates; issuance and validation.
  • 36-62-9. Purposes of chapter; issuance of bonds or bond anticipation notes; exceptions.
  • 36-62-10. Obligations of authority not indebtedness of state or political subdivisions.
  • 36-62-11. Construction of chapter generally; effect of conflict between chapter and other provisions of law; applicability of certain other provisions of law to proceedings under chapter.
  • 36-62-12. Previously created authority not affected by chapter.
  • 36-62-13. Disposition of property of certain authorities dissolved by operation of law.
  • 36-62-14. Perpetual existence of authority; dissolution.
Cross references.

- Housing authorities of counties and municipalities, T. 8, C. 3.

Downtown development authorities, T. 36, C. 42.

Law reviews.

- For survey article on local government law, see 34 Mercer L. Rev. 225 (1982). For note, "Procedural requirements for public approval of tax-exempt industrial development bonds under TEFRA," see 19 Ga. St. B. J. 84 (1982).

JUDICIAL DECISIONS

Similarity to Downtown Development Authorities Law.

- Although the Downtown Development Authorities Law, O.C.G.A. § 36-62-1 et seq., expands the scope of permissible authority projects beyond that of the Development Authorities Law to include all types of commercial projects, the Downtown Development Authorities Law otherwise resembles the Development Authorities Law in design and purpose. Odom v. Union City Downtown Dev. Auth., 251 Ga. 248, 305 S.E.2d 110 (1983).

OPINIONS OF THE ATTORNEY GENERAL

For multifaceted discussion of the operation of this chapter, see 1980 Op. Att'y Gen. No. 80-158.

Development authority may not disburse funds to a chamber of commerce for general promotion and other described activities without violating Ga. Const. 1976, Art. III, Sec. VIII, Para. XII (see now Ga. Const. 1983, Art. III, Sec. VI, Para. VI). 1983 Op. Att'y Gen. No. U83-7.

City development authority could transfer assets, including cash and contract rights, to a joint city-county development authority in return for services. 1996 Op. Att'y Gen. No. U96-24.

RESEARCH REFERENCES

ALR.

- Adverse impact upon existing business as factor affecting validity and substantive requisites of issuance, by state or local governmental agencies, of economic development bonds in support of private business enterprise, 39 A.L.R.4th 1096.

Eminent domain: industrial park or similar development as public use justifying condemnation of private property, 62 A.L.R.4th 1183.


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