2020 Georgia Code
Title 36 - Local Government
Chapter 34 - Powers of Municipal Corporations Generally
§ 36-34-1. Legislative Intent
It is declared to be the intention of the General Assembly to vest certain general powers in the governing body of each of the municipal corporations of this state, such powers to be in addition to or cumulative of those which any municipal corporation may now have under its charter or any other special or general law. It is the purpose of this grant of general powers:
- To provide authority for all municipal corporations to exercise certain common functions of local government;
- To provide for local self-government to the extent of the powers granted; and
- To relieve the necessity for special legislative action by the General Assembly to the extent of the powers granted in this chapter.
(Ga. L. 1962, p. 140, § 1.)
Law reviews.- For article, "The Municipal Home Rule Act of 1965," see 3 Ga. St. B. J. 333 (1967). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004).
JUDICIAL DECISIONS
The 1962 Home Rule Act was intended to allow municipalities to exercise certain powers themselves, not to define the means by which the cities would and could manage a municipalities' affairs. Sadler v. Nijem, 251 Ga. 375, 306 S.E.2d 257 (1983).
No municipal corporations possess inherent powers; instead, the corporations possess only such powers as are expressly delegated by the legislature. Evidence of express delegation by the legislature is found in the charter of each municipality. Palmer v. Hall, 380 F. Supp. 120 (M.D. Ga. 1974), modified, 517 F.2d 705 (5th Cir. 1975).
Powers and authority of mayor and aldermen derived from city charter.- Legislature has not enacted general laws giving any general powers to either mayors or aldermen of municipal corporations. Therefore, the powers and authority of the mayor and aldermen are derived from the charter of the city. Palmer v. Hall, 380 F. Supp. 120 (M.D. Ga. 1974), modified, 517 F.2d 705 (5th Cir. 1975).
Conflicting special law unconstitutional.
- Georgia Laws 1968, p. 2953, providing for collective bargaining for Chatham County public employees, violates Ga. Const. 1945, Art. I, Sec. IV, Para. I (see now Ga. Const. 1983, Art. III, Sec. VI, Para. IV), since it is a special law dealing with matters provided for by the general law under Ga. L. 1962, p. 140, §§ 1 and 2 (see now O.C.G.A. §§ 36-34-1 and36-34-2). Local 574, Int'l Ass'n of Firefighters v. Floyd, 225 Ga. 625, 170 S.E.2d 394 (1969).
Taxpayer actions.
- Local government provisions applicable to municipal corporations do not provide for derivative actions by taxpayers in the name of a municipality. Taxpayers may bring direct actions in mandamus to compel or enjoin city officials to perform a public duty or sue city officials for damages in connection with the unlawful expenditure of public funds with any recovery to be paid to the city. Common Cause/Ga. v. Campbell, 268 Ga. App. 599, 602 S.E.2d 333 (2004), aff'd, 279 Ga. 480, 614 S.E.2d 761 (2005).
Cited in Allison v. Medlock, 224 Ga. 37, 159 S.E.2d 384 (1968); Bituminous Cas. Corp. v. R.D.C., Inc., 334 F. Supp. 1163 (N.D. Ga. 1971); Paige v. Gray, 437 F. Supp. 137 (M.D. Ga. 1977); CSX Transp., Inc. v. City of Garden City, 196 F. Supp. 2d 1288 (S.D. Ga. 2002).
RESEARCH REFERENCES
Am. Jur. 2d.
- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 10.
C.J.S.- 62 C.J.S., Municipal Corporations, § 139 et seq.
