O.C.G.A. § 36-80-10 (2019)
Election for unbonded debt - Requirement and procedure
When any county, municipality, or political subdivision desires to incur any debt, within the purview and meaning of Article IX, Section V, Paragraph I or II of the Constitution of Georgia other than a bonded debt, the election required shall be called and held in accordance with Code Sections 36-80-11 through 36-80-14.
History
Ga. L. 1904, p. 85, § 1; Civil Code 1910, § 463; Code 1933, § 87-601; Ga. L. 1983, p. 3, § 57.
Annotations
JUDICIAL DECISIONS Taxpayers may enjoin payment of illegal debt. - Taxpayers of a city have such an interest in the money raised by taxation for municipal purposes as to maintain a suit to restrain the creation or payment of illegal debts by the municipality. Renfroe v. City of Atlanta, 140 Ga. 81, 78 S.E. 449 (1913); Brumby v. Board of Lights & Waterworks, 147 Ga. 592, 95 S.E. 7 (1918). Power under local Act to buy out competition. - Under the Act of 1906
(Ga. L. 1906, p. 846) giving the board power to erect waterworks and to make all contracts for the light and water supply, such Act did not authorize the board to pay $15,000.00 to a competing company to quit operating its electric light plant in the city, where under the contract the board obtained nothing in the way of plant, poles, etc., and such contract can be enjoined at the instance of a taxpayer. Brumby v. Board of Lights & Waterworks, 147 Ga. 592, 95 S.E. 7 (1918).
OPINIONS OF THE ATTORNEY GENERAL Majority of voters participating necessary. - In municipal elections to incur debt, approval of a majority of qualified voters participating in the election is
required to incur debt rather than approval of a majority of all qualified voters. 1954-56 Op. Att’y Gen. p. 491.
RESEARCH REFERENCES Am. Jur. 2d. - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 534, 544. C.J.S. - 20 C.J.S., Counties, §§ 310, 311. 64A C.J.S., Municipal Corporations, § 2057. ALR. - Requirement of prior appropriation by municipal authorities as condition of making a contract or incurring expense as applicable to local improve-
ments, or bond issue payable only out of special funds and not constituting an obligation of the municipality, 124 A.L.R. 1467. Constitutional or statutory requirement of prior approval by electors of issuance of bonds or incurring of indebtedness, by municipality, county, or state, as applicable to bonds or other instruments not creating indebtedness, 146 A.L.R. 604.