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Authority of Counties and Municipal Corporations to Participate in Programs; Powers

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Each county and municipal corporation of the State of Georgia is authorized to participate in federal programs which provide federal grants and federal loans for such purposes including but not limited to housing, transportation, and water and waste-water treatment and distribution purposes. Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to exercise the following powers:
1. To expend revenues, but shall not impose any new form of taxation; and
2. To contract:
  1. With the United States and its departments and agencies;
  2. With the State of Georgia and its departments, agencies, and authorities;
  3. With regional commissions, political subdivisions of the state, and public authorities of such subdivisions; and
  4. With private nonprofit entities organized for the purpose of providing services to persons of low and moderate income when such entities are exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986
    when the exercise of such powers is necessary to comply with the conditions established by federal law and federal regulations for eligibility for participation in such federal programs.
1. Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to expend public funds and participate in community development block grant programs and other federal programs to construct facilities to carry out the following purposes:
  1. Providing day-care services primarily to the children of persons of low and moderate income;
  2. Providing services to elderly persons;
  3. Providing health education, literacy and English language instruction, mental health and disability services, legal assistance, emergency food, and medical assistance to low and moderate income persons; and
  4. Any combination of services authorized in this paragraph.
2. Counties and municipalities are further authorized to carry out the purposes of this subsection by contracting with public agencies and nonprofit entities described in paragraph (2) of subsection (a) of this Code section.
3. Any contracts, programs, projects, or expenditures of public funds authorized by this subsection which were entered into, carried out, undertaken, or made prior to April 5, 1994, are validated and confirmed.
State agencies rating applications from counties and municipal corporations for federal funding of the construction of child care learning centers shall, to the extent allowed under applicable federal laws or regulations, give priority to those child care learning centers located in or adjacent to industrial parks.
Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to:
1. Participate in federal and state programs which provide funds for job training, job research assistance, and workforce development programs;
2. Accept and expend grant funds subject to such terms as may be required by the grantor, including the duty to reimburse the grantor for any funds not expended in accordance with such terms;
3. Contract with public agencies and nonprofit entities described in paragraph (2) of subsection (a) of this Code section for the purpose of carrying out such programs; and
4. Ratify any contracts, programs, projects, or expenditures of public funds authorized by this subsection which were entered into, carried out, undertaken, or made prior to July 1, 1997.

(Code 1981, §36-87-2, enacted by Ga. L. 1993, p. 792, § 1; Ga. L. 1994, p. 822, § 1; Ga. L. 1995, p. 1302, § 13; Ga. L. 1997, p. 696, § 1; Ga. L. 2005, p. 1484, § 1/HB 186; Ga. L. 2006, p. 72, § 36/SB 465; Ga. L. 2008, p. 181, § 21/HB 1216; Ga. L. 2013, p. 135, § 9/HB 354.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1997, "April 5, 1994," was substituted for "the effective date of this subsection" in paragraph (b)(3), and "July 1, 1997" was substituted for "the effective date of this subsection" in paragraph (d)(4).

Pursuant to Code Section 28-9-5, in 2008, "commissions" was substituted for "commission" in subparagraph (a)(2)(C).

CHAPTER 88 ENTERPRISE ZONES

Sec.

36-88-1. Short title.
36-88-2. Legislative findings and intent; construction.
36-88-3. Definitions.
36-88-4. Available incentives; qualifying business; exemptions.
36-88-5. Designation of enterprise zones.
36-88-6. Criteria for enterprise zone.
36-88-7. Local ordinances' effect on enterprise zone.
36-88-8. Tax exemption.
36-88-9. Other tax incentives; reporting.
36-88-10. Time limitations.

Law reviews.

- For article commenting on the enactment of this chapter, see 14 Ga. St. U. L. Rev. 191 (1997).

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