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Georgia Official and Statistical Register 1983-84 - the Digital Library ...

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SECTION 111.INTERGOVERNMENTAL RELATIONSParagraph I. Intergovernmental contracts, (a) The state,or any institution, department, or o<strong>the</strong>r agency <strong>the</strong>reof, <strong>and</strong>any county, municipality, school district, or o<strong>the</strong>r politicalsubdivision of <strong>the</strong> state may contract for any period not exceeding SO years with each o<strong>the</strong>r or with any o<strong>the</strong>r public agency,public corporation, or public authority for joint services, for <strong>the</strong>provision of services, or for <strong>the</strong> joint or separate use of facilitiesor equipment; but such contracts must deal with activities,services, or facilities which <strong>the</strong> contracting parties are authorized by law to undertake or provide.(b) Subject to such limitations as may be provided bygeneral law, any county, municipality, or political subdivision<strong>the</strong>reof may, in connection with any contracts authorized inthis Paragraph, convey any existing facilities or equipment to<strong>the</strong> state or to any public agency, public corporation, or publicauthority.(c) Any county, municipality, or any combination <strong>the</strong>reof,may contract with any public agency, public corporation, orpublic authority for <strong>the</strong> care, maintenance, <strong>and</strong> hospitalizationof its indigent sick <strong>and</strong> may as a part of such contract agree topay for <strong>the</strong> cost of acquisition, construction, modernization, orrepairs of necessary l<strong>and</strong>, buildings, <strong>and</strong> facilities by such publicagency, public corporation, or public authority <strong>and</strong> provide for<strong>the</strong> payment of such services <strong>and</strong> <strong>the</strong> cost to such public agency,public corporation, or public authority of acquisition, construction, modernization, or repair of l<strong>and</strong>, buildings, <strong>and</strong>facilities from revenues realized by such county, municipality,or any combination <strong>the</strong>reof from any taxes authorized by thisConstitution or revenues derived from any o<strong>the</strong>r source.Paragraph II. Local government reorganization, (a) TheGeneral Assembly may provide by law for any matters necessary or convenient to authorize <strong>the</strong> consolidation of <strong>the</strong>governmental <strong>and</strong> corporate powers <strong>and</strong> functions vested inmunicipalities with <strong>the</strong> governmental <strong>and</strong> corporate powers<strong>and</strong> functions vested in a county or counties in which suchmunicipalities are located; provided, however, that no suchconsolidation shall become effective unless separately approvedby a majority of <strong>the</strong> qualified voters of <strong>the</strong> county or each of <strong>the</strong>counties <strong>and</strong> of <strong>the</strong> municipality or each of <strong>the</strong> municipalitieslocated within such county or counties containing at least 10percent of <strong>the</strong> population of <strong>the</strong> county in which located voting<strong>the</strong>reon in such manner as may be prescribed in such law. Suchlaw may provide procedures <strong>and</strong> requirements for <strong>the</strong> establishment of charter commissions to draft proposed charters for<strong>the</strong> consolidated government, <strong>and</strong> <strong>the</strong> General Assembly isexpressly authorized to delegate its powers to such chartercommissions for such purposes so that <strong>the</strong> governmental consolidation proposed by a charter commission may becomeeffective without <strong>the</strong> necessity of fur<strong>the</strong>r action by <strong>the</strong> GeneralAssembly; or such law may require that <strong>the</strong> recommendation ofany such charter commission be implemented by a subsequentlocal law.(b) The General Assembly may provide by general law foralternatives o<strong>the</strong>r than governmental consolidation as authorized in subparagraph (a) above for <strong>the</strong> reorganization ofcounty <strong>and</strong> municipal governments, including, but not limitedto, procedures to establish a single governing body as <strong>the</strong>governing authority of a county <strong>and</strong> a municipality or municipalities located within such county or for <strong>the</strong> redistribution ofpowers between a county <strong>and</strong> a municipality or municipalitieslocated within <strong>the</strong> county. Such law may require <strong>the</strong> form ofgovernmental reorganization authorized by such law to beapproved by <strong>the</strong> qualified voters directly affected <strong>the</strong>reby voting in such manner as may be required in such law.(c) Nothing in this Paragraph shall be construed to limit <strong>the</strong>authority of <strong>the</strong> General Assembly to repeal municipal charterswithout a referendum.SECTION IV.TAXATION POWER OF COUNTYAND MUNICIPAL GOVERNMENTSParagraph I. Power of taxation, (a) Except as o<strong>the</strong>rwiseprovided in this Paragraph, <strong>the</strong> governing authority of anycounty, municipality, or combination <strong>the</strong>reof may exercise <strong>the</strong>power of taxation as authorized by this Constitution or bygeneral law.(b) In <strong>the</strong> absence of a general law:(1) County governing authorities may be authorized bylocal law to levy <strong>and</strong> collect business <strong>and</strong> occupational licensetaxes <strong>and</strong> license fees only in <strong>the</strong> unincorporated areas of <strong>the</strong>counties. The General Assembly may provide that <strong>the</strong> revenuesraised by such tax or fee be spent for <strong>the</strong> provision of servicesonly in <strong>the</strong> unincorporated areas of <strong>the</strong> county.(2) Municipal governing authorities may be authorized bylocal law to levy <strong>and</strong> collect taxes <strong>and</strong> fees in <strong>the</strong> corporatelimits of <strong>the</strong> municipalities.(c) The General Assembly may provide by law for <strong>the</strong> taxation of insurance companies on <strong>the</strong> basis of gross direct premiums received from insurance policies within <strong>the</strong> unincorporated areas of counties. The tax authorized herein may beimposed by <strong>the</strong> state or by counties or by <strong>the</strong> state for countypurposes as may be provided by law. The General Assemblymay fur<strong>the</strong>r provide by law for <strong>the</strong> reduction, only upon taxable property within <strong>the</strong> unincorporated areas of counties, of <strong>the</strong>ad valorem tax millage rate for county or county school districtpurposes or for <strong>the</strong> reduction of such ad valorem tax millagerate for both such purposes in connection with imposing orauthorizing <strong>the</strong> imposition of <strong>the</strong> tax authorized herein or inconnection with providing for <strong>the</strong> distribution of <strong>the</strong> proceedsderived from <strong>the</strong> tax authorized herein.Paragraph II. Power of expenditure. The governing authority of any county, municipality, or combination <strong>the</strong>reof mayexpend public funds to perform any public service or publicfunction as authorized by this Constitution or by law or toperform any o<strong>the</strong>r service or function as authorized by thisConstitution or by general law.Paragraph III. Purposes of taxation; allocation of taxes. Nolevy need state <strong>the</strong> particular purposes for which <strong>the</strong> same wasmade nor shall any taxes collected be allocated for any particular purpose, unless o<strong>the</strong>rwise provided by this Constitution orbylaw.SECTION V.LIMITATION ON LOCAL DEBTParagraph I. Debt limitations of counties, municipalities,<strong>and</strong> o<strong>the</strong>r political subdivisions, (a) The debt incurred by anycounty, municipality, or o<strong>the</strong>r political subdivision of this state,including debt incurred on behalf of any special district, shallnever exceed 10 percent of <strong>the</strong> assessed value of all taxableproperty within such county, municipality, or political subdivision; <strong>and</strong> no such county, municipality, or o<strong>the</strong>r political subdivision shall incur any new debt without <strong>the</strong> assent of amajority of <strong>the</strong> qualified voters of such county, municipality, orpolitical subdivision voting in an election held for that purposeas provided by law.(b) Notwithst<strong>and</strong>ing subparagraph (a) of this Paragraph, alllocal school systems which are authorized by law on June 30,<strong>1983</strong>, to incur debt in excess of 10 percent of <strong>the</strong> assessed valueof all taxable property <strong>the</strong>rein shall continue to be authorizedto incur such debt.23

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