Construction of Chapter Generally; Applicability of Certain Other Provisions of Law to Proceedings Under Chapter; Effect of Chapter With Respect to Other Development Authorities

  1. Law
  2. Georgia Code
  3. Local Government
  4. Resource Recovery Development Authorities
  5. Construction of Chapter Generally; Applicability of Certain Other Provisions of Law to Proceedings Under Chapter; Effect of Chapter With Respect to Other Development Authorities

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  1. This chapter shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," or any other law. Any sale or disposition of any useful form of energy produced from a solid waste project financed by revenue bonds issued on or before August 8, 1985, and which is substantially constructed as of January 1, 1987, which sale or disposition is made in the county wherein the project is located shall not be subject to the provisions of Part 3 of Article 1 of Chapter 3 of Title 46, "The Georgia Cogeneration and Distributed Generation Act of 2001." In the event that the immediately preceding sentence of this subsection shall for any reason be held invalid, the remaining provisions of this subsection and this Code section shall remain in full force and effect. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum.
  2. A municipal corporation, a county, or any number of counties and municipal corporations shall have the right to activate an authority under this chapter, notwithstanding the existence of any other development authority within the county or municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this chapter shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence.

(Code 1933, § 69-1509a, enacted by Ga. L. 1978, p. 1898, § 1; Ga. L. 1984, p. 22, § 36; Ga. L. 1984, p. 1694, § 3; Ga. L. 1987, p. 1021, § 1; Ga. L. 1993, p. 91, § 36; Ga. L. 2008, p. 381, § 11/SB 358; Ga. L. 2020, p. 493, § 36/SB 429.)

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "'The Georgia Cogeneration and Distributed Generation Act of 2001'" for "'The Georgia Cogeneration Act of 1979'" at the end of the third sentence of subsection (a).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, a comma was inserted following "invalid" in the fourth sentence of subsection (a).

CHAPTER 64 RECREATION SYSTEMS

Sec.

  • 36-64-1. "Governing body" defined.
  • 36-64-2. Authority to dedicate, set apart, acquire, or lease lands or buildings for recreation; appropriation for equipment and maintenance.
  • 36-64-3. Establishment of system of supervised recreation; designation of board to provide and conduct recreational activities and facilities.
  • 36-64-3.1. Use of dam sites and adjacent land for producing hydroelectric power.
  • 36-64-4. Joint recreation systems.
  • 36-64-5. Establishment of recreation board; powers and responsibilities; members; terms; officers; vacancies.
  • 36-64-6. Acceptance of gifts for recreation purposes.
  • 36-64-7. Issuance of bonds.
  • 36-64-8. Petition for recreation system; provision of system on governing authority's own motion; referendums on issue of special tax and millage increase.
  • 36-64-9. Establishment of system with tax money following favorable vote.
  • 36-64-10. Levy and collection of recreation tax.
  • 36-64-11. Payment of costs and expenses of recreation system; control of recreation fund.
  • 36-64-12. Establishment, maintenance, and conduct of recreation system not mandatory.
  • 36-64-13. Applicability of chapter generally.
  • 36-64-14. Applicability of chapter to recreation and playground commissions, boards, and systems created by special Acts of General Assembly.
  • 36-64-15. Removal of minimum or maximum recreation tax by municipality or county.
Cross references.

- Powers and duties of Department of Natural Resources regarding promotion and organization of recreational systems or programs for municipalities, counties, and other governmental entities, § 12-3-1.

RESEARCH REFERENCES

Playground Accidents - Human Impact Tolerance, 21 POF2d 701.

Negligent Operation of Public Swimming Pool, 34 POF2d 63.

ALR.

- Liability to one struck by golf ball, 53 A.L.R.4th 282.

Liability of local government entity for injury resulting from use of outdoor playground equipment at municipally owned park or recreation area, 73 A.L.R.4th 496.


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