Optional Features of Enabling Local Law

  1. Law
  2. Georgia Code
  3. Local Government
  4. Merger of Municipal Government With County
  5. Optional Features of Enabling Local Law

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  1. Subject to the requirements of Code Section 36-68-3, when the charter of a municipality is repealed by local law as a part of achieving a governmental reorganization described in Code Section 36-68-1, the General Assembly may also provide by local law for any of the following matters:
    1. The form of government of the county which is the successor to the corporate powers, functions, rights, properties, and obligations of the municipality;
    2. The county to constitute a municipality as well as a county for the purposes of the application of the general laws and Constitution of this state;
    3. The exercise by the county of the powers vested in the former municipality and in municipalities generally as well as the powers vested in the county and counties generally;
    4. The county to receive any grants or other types of funds or revenues which the former municipality was entitled to receive as well as grants or other types of funds or revenues which the county is entitled to receive;
    5. The status of the county relative to any municipalities, other than the municipality having its charter repealed, located wholly or partially within such county;
    6. The transfer of all assets and properties of the municipality to the county;
    7. The assumption by the county of all contractual and other obligations of the municipality;
    8. The transfer of employees of the municipality to the county and for the preservation of any rights of such employees and their beneficiaries existing under any retirement or pension system of the municipality; and
    9. Any other matters reasonably necessary or convenient to achieve and implement effectively a governmental reorganization described by Code Section 36-68-1.
  2. A local law enacted pursuant to the authority of subsection (a) of this Code section may provide for such procedures, requirements, and limitations as may be reasonably necessary to control the subjects included within such local law, and the provisions of said subsection (a) shall not be construed to limit the manner in which the General Assembly may by local law control the subjects described by said subsection (a).

(Code 1981, §36-68-2, enacted by Ga. L. 1986, p. 1080, § 1; Ga. L. 1987, p. 3, § 36.)

OPINIONS OF THE ATTORNEY GENERAL

County lines.

- 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 the city's territory. 1998 Op. Att'y Gen. No. U98-10.


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