---
title: Ga. Const. Art. IX, Sec. II, Para. III. Supplementary powers.
collection: code
id: ga-const:art-ix-sec-ii-para-iii
cite_as: Ga. Const. Art. IX, Sec. II, Para. III
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date: 2016
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---

# Ga. Const. Art. IX, Sec. II, Para. III. Supplementary powers.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

(a) In addition to and supplementary of all powers possessed by or conferred upon any county, municipality, or any combination thereof, any county, municipality, or any combination thereof may exercise the following powers and provide the following services:

(1) Police and fire protection.

(2) Garbage and solid waste collection and disposal.

(3) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control.

(4) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof.

(5) Parks, recreational areas, programs, and facilities.

(7) Development, storage, treatment, purification, and distribution of water.

(8) Public housing.

(9) Public transportation.

(10) Libraries, archives, and arts and sciences programs and facilities.

(11) Terminal and dock facilities and parking facilities.

(12) Codes, including building, housing, plumbing, and electrical codes.

(13) Air quality control.

(14) The power to maintain and modify heretofore existing retirement or pension systems, including such systems heretofore created by general laws of local application by population classification, and to continue in effect or modify other benefits heretofore provided as a part of or in addition to such retirement or pension systems and the power to create and maintain retirement or pension systems for any elected or appointed public officers and employees whose compensation is paid in whole or in part from county or municipal funds and for the beneficiaries of such officers and employees.

(b) Unless otherwise provided by law,

(1) No county may exercise any of the powers listed in subparagraph (a) of this Paragraph or provide any service listed therein inside the boundaries of any municipality or any other county except by contract with the municipality or county affected; and

(2) No municipality may exercise any of the powers listed in subparagraph (a) of this Paragraph or provide any service listed therein outside its own boundaries except by contract with the county or municipality affected.

(c) Nothing contained within this Paragraph shall operate to prohibit the General Assembly from enacting general laws relative to the subject matters listed in subparagraph (a) of this Paragraph or to prohibit the General Assembly by general law from regulating, restricting, or limiting the exercise of the powers listed therein; but it may not withdraw any such powers.

(d) Except as otherwise provided in subparagraph (b) of this Paragraph, the General Assembly shall act upon the subject matters listed in subparagraph (a) of this Paragraph only by general law.

## Cross References

Home rule powers of municipalities generally, Ch. 34, T. 36, and Ch. 35, T. 36. Garbage disposal services provided by counties, § 36-1-16. County police, Ch. 8, T. 36. County building, electrical, and other codes, § 36-13-1. Municipal street construction, § 36-39-2. Local taxing powers, §§ 48-5-220, 48-5-350, 48-5-356, 48-5-400, 48-7-141, 48-8-82, 48-13-5, and 48-13-51.

## Law Reviews

For article, ‘‘Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia,’’ see 14 Mercer L. Rev. 308 (1963). For article, ‘‘‘Home Rule’: Its Impact on Georgia Local Government Law,’’ see 8 Ga. St. B.J. 277 (1972). For article, ‘‘Discretion in Georgia Local Government Law,’’ see 8 Ga. L. Rev. 614 (1974). For article analyzing the changing relationship between state and local governments in Georgia in light of this paragraph, see 9 Ga. L. Rev. 757 (1975). For article discussing effect of City of Atlanta v. Myers, 240 Ga. 261, 240 S.E.2d 60 (1977), on limits of municipal government autonomy, see 12 Ga. L. Rev. 805 (1978). For article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For article surveying Georgia cases of local government law from June 1979 through May 1980, see 32 Mercer L. Rev. 137 (1980). For article, ‘‘The County Spending Power: An Abbreviated Audit of the Account,’’ see 16 Ga. L. Rev. 599 (1982). For article, ‘‘The United States Supreme Court as Home Rule Wrecker,’’ see 34 Mercer L. Rev. 363 (1982). For article, ‘‘Antitrust,’’ see 44 Mercer L. Rev. 1047 (1993). For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).

For note, ‘‘Regulation and Ownership of the Marshlands: The Georgia Marshlands Act (Part 4, Art. 4, Ch. 5, T. 12),’’ see 5 Ga. L. Rev. 563 (1971). For note, ‘‘Regulation of Artificial Lakes and Recreational Subdivisions in Georgia,’’ recommending methods for future regulation, see 8 Ga. St. B.J. 580 (1972). For note, ‘‘The Legal Nature of Public Purpose Authorities: Governmental, Private, or Neither,’’ see 8 Ga. L. Rev. 680 (1974). For note discussing Georgia’s Sunshine Law (Ch. 14, T. 50) requiring meetings by state and local governmental authorities to be open to the public, see 10 Ga. St. B.J. 598 (1974). For note, ‘‘Restrictive Covenants: A Need For Reappraisal of the Limitations Period,’’ see 17 Ga. St. B.J. 137 (1981).

For comment on Tuggle v. Manning, 224 Ga. 29, 159 S.E.2d 703 (1968), see 5 Ga. St. B.J. 367 (1969).

## 1976 Constitution.

Art. IX, Sec. IV, Para. II.

## Powers Granted.

Counties and municipalities are given authority to enact reasonable ordinances and to contract and combine with each other to effectuate and carry out extensive supplementary powers granted; as a corollary, it is necessary that municipalities and counties have authority to levy taxes to carry out powers given. Peacock v. Georgia Mun. Ass’n, 247 Ga. 740, 279 S.E.2d 434 (1981). quirements despite services contract

## City Met Active Municipality Rewith County.

City’s contract with county under which the county provided law enforcement, street construction and maintenance, solid waste collection, and recreational services in consideration of the county’s receipt of sales taxes was valid and showed that the city met the requirements of an active municipality. Sherrer v. City of Pulaski, 228 Ga. App. 78, 491 S.E.2d 129 (1997).

Counties and municipalities may appropriate and expend for public

## Purposes Connected with Administration of Local Government.

Under Constitution and state statutes, both county governments and municipalities may levy taxes for public purposes connected with administration of county and city governments; as a corollary to this principle, it follows that counties and municipalities may appropriate and expend money for such public purpose. Peacock v. Georgia Mun. Ass’n, 247 Ga. 740, 279 S.E.2d 434 (1981).

Ambiguity as to whether local emption from taxation is construed against taxpayer or, stated otherwise, exemption from taxation must be created expressly and distinctly and will not arise by implication. DeKalb County v. City of Decatur, 247 Ga. 695, 279 S.E.2d 427 (1981).

## Amendment to Paragraph Creates ex-Differential Tax Rollback Void.

This paragraph did not authorize differential tax rollback mandated by subsections (i) and (j) of Ga. L. 1978, p. 1695 (see now O.C.G.A. § 48-8-91); thus, differential rollback was void. Martin v. Ellis, 242 Ga. 340, 249 S.E.2d 23 (1978) (see Ga. Const. 1983, Art. IX, Sec. II, Para. III).

Constitutionality of Metropolitan

## River Protection Act.

The Metropolitan River Protection Act, Ga. L. 1978, p. 128 (see now O.C.G.A. § 12-5-440 et seq.), does not constitute zoning within the definition set out in the Georgia Constitution, but instead falls within the reserved powers of the state to act, along with the local governing authorities, with regard to the water system, as is set out in the purpose of the Act, and is, therefore, constitutional. Pope v. City of Atlanta, 240 Ga. 177, 240 S.E.2d 241 (1977), cert. denied, 440 U.S. 936, 99 S. Ct. 1281, 59 L. Ed. 2d 494 (1979).

Not illegal for county governing body to seek outside advice before

## Officially Acting.

Under Ga. Const. 1976, Art. IX, Sec. I, Para. I (see Ga. Const. 1983, Art. IX, Sec. I, Para. I), and this paragraph there is nothing illegal or unconstitutional nor is it an abuse of discretion for a governing body of a county to seek advice and recommendations from various department heads, advisory committees, and the general public prior to taking official action. Lindsey v. Guhl, 237 Ga. 567, 229 S.E.2d 354 (1976) (see Ga. Const. 1983, Art. IX, Sec. II, Para. III).

## Political Subdivisions.

This paragraph of the state Constitution specifically categorizes counties and municipalities as ‘‘political subdivisions’’ for purposes of achieving self-government. King v. State, 246 Ga. 386, 271 S.E.2d 630 (1980) (see Ga. Const. 1983, Art. IX, Sec. II, Para. III).

General Assembly still empowered

## To Create and Dissolve Municipal Corporations.

This paragraph provides uniformity of certain powers of municipalities, not autonomy. The General Assembly may not remove these powers in a random fashion. However, this paragraph does not operate to abolish the General Assembly’s plenary power to create and dissolve municipal corporations. City of Mt. View v. Clayton County, 242 Ga. 163, 249 S.E.2d 541 (1978), appeal dismissed, 440 U.S. 902, 99 S. Ct. 1205, 59 L. Ed. 2d 450 (1979) (see Ga. Const. 1983, Art. IX, Sec. II, Para. III).

Annexation ordinances are not graph, which prohibits cities and counties from providing water and sewer service inside each other’s service areas except by contract with each other. City of Cartersville v. Bartow County School Dist., 145 Ga. App. 129, 243 S.E.2d 293 (1978) (see Ga. Const. 1983, Art. IX, Sec. II, Para. III).

## Void Because They Violate This para-Construction of Annexation Resolution.

Where a service district covering unincorporated areas is created under this paragraph, and a portion is subsequently annexed to the city, the resolution should not be construed according to the intent of the drafters, but should be construed against duplication of services and double taxation and in favor of municipal annexation, unless the contrary clearly appears. Cobb County v. Allen, 236 Ga. 910, 226 S.E.2d 57 (1976).

## City’s Authority to Regulate County’s Building Projects Within City Limits.

A county government is exempt from all municipal regulation of construction projects undertaken by the county with respect to county-owned property located within the city and used for governmental purposes, but they are subject to other municipal regulations as indicated by the Georgia General Assembly such as fire safety standards, O.C.G.A. § 25-2-12, or compliance with the Erosion and Sedi-mentation Act, O.C.G.A. § 12-7-1 et seq. City of Decatur v. DeKalb County, 256 Ga. App. 46, 567 S.E.2d 376 (2002).

County was required to maintain easements it owned within a city; no

## Contract Required.

County, as owner of easements over cemetery property in the City of Sandy Springs even after the city was incorporated, was required to maintain and repair a dam and ponds that the county built on the easements for so long as the county retained ownership of the easements. Ga. Const. 1983, Art. IX, Sec. II, Para. III, requiring an intergovernmental contract before a county could perform services in a city, did not apply because the county owned the easements. Fulton County v. City of Sandy Springs, 295 Ga. 16, 757 S.E.2d 123 (2014).

Instance of payment by county not

## Unconstitutional.

Where a resolution of the General Assembly directing county authorities to reimburse a surety on the General Consideration (Cont’d) sum paid by the surety on the criminal recognizance under Ga. Const. 1976, Art. III, Sec. VIII, Para. VII (see Ga. Const. 1983,Art. III, Sec. VI, Para. VI) and where the surety’s principal had been apprehended and placed in the custody of the proper officers and the principal had been punished as prescribed by law, such resolution is not violative of Ga. Const. 1976, Art. III, Sec. VIII, Para. XII (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI) which forbids the General Assembly to grant any donation or gratuity in favor of any firm, person, or association, nor is such a resolution in violation of this paragraph. Stewart v. Davis, 175 Ga. 545, 165 S.E. 598 (1932) (decided under Ga. Const. 1877, Art. VII, Sec. VI, Para. II; see Ga. Const. 1983, Art. IX, Sec. II, Para. III).

## Employment of Counsel.

A county governing authority has the implicit power to employ counsel for county officers. Stephenson v. Board of Comm’rs, 261 Ga. 399, 405 S.E.2d 488 (1991).

## Immunity From Federal Antitrust Liability.

A city’s anticompetitive operation of a waterworks is protected from federal antitrust liability by the state action immunity doctrine under Parker v. Brown, 317 U.S. 341, 63 S. Ct. 307, 87 L. Ed. 315 (1943), and its progeny. McCallum v. City of Athens, 976 F.2d 649 (11th Cir. 1992).

## Zoning.

Ga. Const. 1983, Art. IX, Sec. II, Para. III does not constitute authorization for a municipality to exercise any zoning powers. Century Ctr. at Braselton, LLC v. Town of Braselton, 285 Ga. 380, 677 S.E.2d 106 (2009).

## Ordinance Restricting Waste Disposal Services Upheld.

Georgia trial court erred by denying injunctive relief to a county and its chosen waste disposal company wherein it sought to prohibit an unauthorized waste company from providing services in the county against an ordinance because the ordinance served a legitimate public purpose by providing a comprehensive solid waste management plan as it was required to do under O.C.G.A. § 12-8-31.1. Advanced Disposal Servs. Middle Ga., LLC v. Deep S. Sanitation, LLC, 296 Ga. 103, 765 S.E.2d 364 (Sept. 22, 2014).

City ordinance increasing pension


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