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2018 Georgia Code 36-82-85 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-82-85 Case Law from Google Scholar Amendments to OCGA 36-82-85

TITLE 36 LOCAL GOVERNMENT

Chapter 82 information not found

ARTICLE 3 REVENUE BONDS

36-82-85. Construction of article generally; applicability of certain other provisions of law.

The powers conferred by this article shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this article shall not affect the powers conferred by any other general, special, or local law. Bonds may be issued under this article without regard to any other general, special, or local law. The General Assembly declares its intention that the limitations of the amount or percentage of, and the restrictions relating to, indebtedness of a governmental body and the incurring thereof contained in the Constitution of this state and in any general, special, or local law shall not apply to bonds and the issuance thereof under this article.

(Ga. L. 1937, p. 761, § 19.)

Law reviews.

- For article, "Selected Oddities in Georgia Municipal Law," see 9 Ga. L. Rev. 783 (1975).

JUDICIAL DECISIONS

Constitutionality and exhaustiveness of law.

- Revenue Bond Law (O.C.G.A. Art. 3, Ch. 82, T. 36) does not purport to be a general law exhaustive of the purposes for which revenue bonds or certificates may be issued and this is not violative of a constitutional provision that laws of a general nature shall have uniform operation throughout the state, and no special law shall be enacted in any case for which provisions have been made by an existing general law (Ga. Const. 1976, Art. I, Sec. II, Para. VII (see Ga. Const. 1983, Art. III, Sec. VI, Para. IV)). Sigman v. Brunswick Port Auth., 214 Ga. 332, 104 S.E.2d 467 (1958).

Municipal Electric Authority Act not contrary.

- Provisions of the Municipal Electric Authority Act (O.C.G.A Art. 3, Ch. 3, T. 46) are not unlawful as being contrary to provisions of the Revenue Bond Law (O.C.G.A Art. 3, Ch. 82, T. 36). Thompson v. Municipal Elec. Auth., 238 Ga. 19, 231 S.E.2d 720 (1976).

Bonds not debt within meaning of debt clause.

- Bonds issued for financing certain income producing projects and payable solely from income produced thereby shall not be considered as debts within the meaning of the debt clause, Ga. Const. 1976, Art. IX, Sec. VII, Para. I (see Ga. Const. 1983, Art. IX, Sec. V, Para. I). City of Valdosta v. Singleton, 197 Ga. 194, 28 S.E.2d 759 (1944).

Cited in Sherman v. City of Atlanta, 317 Ga. 345, 730 S.E.2d 113 (2013).

RESEARCH REFERENCES

C.J.S.

- 82 C.J.S., Statutes, § 395.

Cases Citing O.C.G.A. § 36-82-85

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Sherman v. City of Atlanta, 293 Ga. 169 (Ga. 2013).

Cited 24 times | Published | Supreme Court of Georgia | Jun 17, 2013 | 744 S.E.2d 689, 2013 Fulton County D. Rep. 1818

NAHMIAS, Justice. Appellants John S. Sherman and Christopher D. Eichler filed a notice of appeal from the trial court’s judgment confirming and validating a bond issuance by the City of Atlanta. See generally OCGA §§ 36-82-60 to 36-82-85 (the “Revenue Bond Law”)....
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Haney v. Dev. Auth. of Bremen, 519 S.E.2d 665 (Ga. 1999).

Cited 14 times | Published | Supreme Court of Georgia | Jul 8, 1999 | 271 Ga. 403, 99 Fulton County D. Rep. 2504

...rsal of the trial court's order requiring appellants to post a surety bond during the pendency of the appeal. NOTES [1] OCGA §§ 50-15-1 to 50-15-4 (1998). [2] See 1969 Ga. Laws 815, 816. [3] See OCGA § 50-15-2. [4] Id. [5] See OCGA § 36-82-60 to 36-82-85 (1993)....
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Sherman v. Atlanta Indep. Sch. Sys., 293 Ga. 268 (Ga. 2013).

Cited 5 times | Published | Supreme Court of Georgia | Jun 3, 2013 | 744 S.E.2d 26, 2013 Fulton County D. Rep. 1686

...ing the terms of the consent. Fulton *270County (the “Count/’) also consented to the inclusion of county property taxes in the tax allocation increments for these two TADs. In 2006, in accordance with the Revenue Bond Law, OCGA §§ 36-82-60 to 36-82-85, the Fulton County District Attorney filed a petition in the Fulton County Superior Court against the City, the County, and the School System to confirm and validate the issuance of bonds secured by the BeltLine TAD tax allocation increments in an amount not to exceed $200 million....