2020 Georgia Code
Title 36 - Local Government
Chapter 34 - Powers of Municipal Corporations Generally
§ 36-34-3. Acquisition and Operation of Certain Buildings and Facilities; Contracts With Other Political Subdivisions for Joint Use

In addition to the other powers it may have, any municipal corporation shall have the power, in the interest of the health and general welfare, to accept by gift, acquire, construct, lease, own, regulate, operate, improve, open, close, or extend public streets, alleys, sidewalks, parks, swimming pools, golf courses, recreation grounds, airports, airfields, parking areas, parking buildings, athletic fields, grandstands and stadia buildings used or useful for sports, buildings used or useful for housing fairs and exhibits, buildings for educational purposes, libraries, buildings used or useful for poultry and livestock shows and exhibits, and buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above. Any municipal corporation may, under this chapter, contract with any other political subdivision for the joint use of any of such facilities.

(Ga. L. 1962, p. 140, § 4.)

- Municipal public libraries generally, § 20-5-20 et seq.

- For article, "Local Government and Contracts that Bind," see 3 Ga. L. Rev. 546 (1969). For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions prior to enactment of this section are included in the annotations for this Code section.

This power is broad enough to authorize the governing authorities to exercise poor judgment so long as it is the governing authorities' judgment and is not capricious and arbitrary. Goodman v. City of Atlanta, 246 Ga. 79, 268 S.E.2d 663 (1980).

Property dedicated to particular purpose cannot by the dedicatee, a municipality, be diverted from that purpose, except under the right of eminent domain. Donalson v. Georgia Power & Light Co., 175 Ga. 462, 165 S.E. 440 (1932) (decided under former law).

Occupant of city lot does not have any right in the name of an abutting municipal street as will preclude city governing authority from renaming the public thoroughfare. The only justiciable issue is whether the legislative action (naming or renaming the street) was taken for the public health or welfare or was, instead, accomplished arbitrarily, capriciously, maliciously, or with intent to cause injury to an abutting property owner or the general public. Goodman v. City of Atlanta, 246 Ga. 79, 268 S.E.2d 663 (1980).

Municipal corporation is without power to vacate a public thoroughfare unless authority to do so is conferred upon the municipal corporation in express terms or by necessary implication. City of Statesboro v. Dorman, 203 Ga. 25, 45 S.E.2d 403 (1947) (decided under former law).

Cited in Campbell v. City of Columbus, 224 Ga. 279, 161 S.E.2d 299 (1968); Jonesboro Area Athletic Ass'n v. Dickson, 227 Ga. 513, 181 S.E.2d 852 (1971); City of Gainesville v. Pritchett, 129 Ga. App. 475, 199 S.E.2d 889 (1973).

OPINIONS OF THE ATTORNEY GENERAL

Regulation of vehicular weights.

- By establishing truck routes, a city may effectively regulate the amount of weight which may be carried on designated streets on a municipal street system. 1982 Op. Att'y Gen. No. 82-20.

Any city or county ordinances purporting to regulate vehicular weights must not exceed maximum weights permitted by O.C.G.A. § 32-6-26. 1982 Op. Att'y Gen. No. 82-20.

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 192, 470 et seq.

- 63 C.J.S., Municipal Corporations, § 1143 et seq. 64 C.J.S., Municipal Corporations, §§ 1169, 1171.

- Liability of municipal corporation upon implied contract for use of property which it received under an invalid contract, 42 A.L.R. 632.

Public "comfort stations," 42 A.L.R. 891; 55 A.L.R. 472.

Measure of damages or compensation where property is taken to widen street, 64 A.L.R. 1513.

Power to include in municipal contract or proposal therefor, provisions designed to relieve local unemployment, or encourage local industries, 81 A.L.R. 255.

Aggregate of rent for entire period of lease of property to municipality as present indebtedness for purposes of condition of incurring, or limitation of amount of, municipal debt, 112 A.L.R. 278.

Power of municipalities or other political subdivisions to engage in a joint project or enterprise, 123 A.L.R. 997.

Auditorium or stadium as public purpose for which public funds may be expended or taxing power exercised, 173 A.L.R. 415.

Necessity for adhering to statutory procedure prescribed for vacation, discontinuance, or change of route of street or highway, 175 A.L.R. 760.

Granting or taking of lease of property by municipality as within authorization of purchase or acquisition thereof, 11 A.L.R.2d 168.

Power of municipality to charge nonresidents higher fees than residents for use of municipal facilities, 57 A.L.R.3d 998.

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