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2018 Georgia Code 32-4-61 | Car Wreck Lawyer

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 4. State, County, and Municipal Road Systems, 32-4-1 through 32-4-123.

ARTICLE 3 COUNTY ROAD SYSTEMS

32-4-61. Authority of county to contract; form of contracts; approval of contracts by resolution.

A county shall have the authority to contract as set forth in this part and in paragraph (1) of Code Section 32-4-42. Any contract for work on all or part of the county road system shall be in writing and shall be approved by resolution which shall be entered on the minutes of such county.

(Code 1933, § 95A-817, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1937, p. 912, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

When petition for relief sufficient.

- Petition alleging that county commissioners had entered into contracts with one of the commissioner's members for the construction of roads in the county without contracts being in writing and entered on the minutes of the board, and in violation of the contracts between the State Highway Department (now Department of Transportation) and the county was sufficient as against a general demurrer (now motion to dismiss) to show that the plaintiffs were entitled to some of the substantial relief prayed for. Ferguson v. Randolph County, 211 Ga. 103, 84 S.E.2d 70 (1954) (decided under former Ga. L. 1937, p. 912).

Cited in Faulk v. Twiggs County, 269 Ga. 809, 504 S.E.2d 668 (1998).

Cases Citing O.C.G.A. § 32-4-61

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Faulk v. Twiggs Cnty., 504 S.E.2d 668 (Ga. 1998).

Cited 7 times | Published | Supreme Court of Georgia | Sep 21, 1998 | 269 Ga. 809

...The record further shows that the trial court was authorized to find that the County properly accepted Epps' bid of $1.50 per yard as the lowest that was submitted. OCGA §§ 32-4-68, 36-10-2. The County's acceptance of Epps' bid was entered on the minutes. OCGA §§ 32-4-61, 36-10-1....
...Thereafter, as County funds became available, Epps was called upon to pave the designated projects. Epps performed, and then submitted an invoice for its services at the agreed upon rate of $1.50 per yard. After verifying the claim, the County entered on the minutes the amount payable to Epps. OCGA §§ 32-4-61, 36-10-1....