GEORGIA CODE (Last Updated: August 20, 2013) |
Title 36. LOCAL GOVERNMENT |
Provisions PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES |
Chapter 82. BONDS |
Article 1. GENERAL PROVISIONS |
§ 36-82-2. Voting in election for bonded debt; returns and declaration of election result |
§ 36-82-3. Issuance of bonds upon favorable election vote; ordinance or resolution authorizing refunding bonds; issuance, content, and form of refunding bonds |
§ 36-82-4. Action for collection of bonds by holders |
§ 36-82-4.1. Advertisement of bond elections in counties having population of 400,000 to 500,000; use of bond funds |
§ 36-82-4.2. Expenditure of bond funds for purposes other than stated in public bond notice |
§ 36-82-5. Destruction of unsold bonds |
§ 36-82-6. Notice, hearing, order of court, and affidavit of two disinterested witnesses as to destruction of bonds; compensation of witnesses; payment of costs of proceedings |
§ 36-82-7. Authorized investments for bond proceeds |
§ 36-82-7.1. Assessment and collection of tax to pay refunding bonds |
§ 36-82-8. Deduction of sinking fund in computing bonded indebtedness |
§ 36-82-9. Certification requirement for pension obligation bonds; requirement for reserve fund |
§ 36-82-10. Reporting requirements |
REFS & ANNOS
TITLE 36 Chapter 82 Article 1 NOTE
JUDICIAL DECISIONS
ARTICLE IS ENABLING ACT. --Since Ga. Const. 1976, Art. IX, Sec. VII, Para. I (see Ga. Const. 1983, Art. IX, Sec. V, Para. I), concerning the incurring of debts by a municipality, is not self-executing, the General Assembly passed an enabling Act (this article), putting this provision into operation. McKnight v. City of Decatur, 200 Ga. 611, 37 S.E.2d 915 (1946).
IT SEEMS MANIFEST THAT COUNTY BOARD OF EDUCATION IS PROPER AUTHORITY contemplated under provisions of this article to call, manage, consolidate, and declare the result of an election held for the purpose of incurring bonded indebtedness for building and equipping schoolhouses. Nelms v. Stephens County Sch. Dist., 201 Ga. 274, 39 S.E.2d 651 (1946) (decided prior to enactment of "Georgia Election Code," Ch. 3, T. 21; see O.C.G.A. Art. 1, Ch. 82, T. 36).
CITED in Posey v. Dooly County Sch. Dist., 215 Ga. 712, 113 S.E.2d 120 (1960); Lilly v. Crisp County Sch. Sys., 117 Ga. App. 868, 162 S.E.2d 456 (1968).
OPINIONS OF THE ATTORNEY GENERAL
SCHOOL BOND ELECTION called by county board of education may be held concurrently with general election. 1965 Op. Att'y Gen. No. 65-9.
RESEARCH REFERENCES
ALR. --Validity, within authorized debt, tax, or voted limit, of bond issue in excess of amount permitted by law, 175 ALR 823.
ARTICLE IS ENABLING ACT. --Since Ga. Const. 1976, Art. IX, Sec. VII, Para. I (see Ga. Const. 1983, Art. IX, Sec. V, Para. I), concerning the incurring of debts by a municipality, is not self-executing, the General Assembly passed an enabling Act (this article), putting this provision into operation. McKnight v. City of Decatur, 200 Ga. 611, 37 S.E.2d 915 (1946).
IT SEEMS MANIFEST THAT COUNTY BOARD OF EDUCATION IS PROPER AUTHORITY contemplated under provisions of this article to call, manage, consolidate, and declare the result of an election held for the purpose of incurring bonded indebtedness for building and equipping schoolhouses. Nelms v. Stephens County Sch. Dist., 201 Ga. 274, 39 S.E.2d 651 (1946) (decided prior to enactment of "Georgia Election Code," Ch. 3, T. 21; see O.C.G.A. Art. 1, Ch. 82, T. 36).
CITED in Posey v. Dooly County Sch. Dist., 215 Ga. 712, 113 S.E.2d 120 (1960); Lilly v. Crisp County Sch. Sys., 117 Ga. App. 868, 162 S.E.2d 456 (1968).
OPINIONS OF THE ATTORNEY GENERAL
SCHOOL BOND ELECTION called by county board of education may be held concurrently with general election. 1965 Op. Att'y Gen. No. 65-9.
RESEARCH REFERENCES
ALR. --Validity, within authorized debt, tax, or voted limit, of bond issue in excess of amount permitted by law, 175 ALR 823.