Constitutionality.

- See Lawson v. City of Moultrie, 194 Ga. 699, 22 S.E.2d 592 (1942).

Attack of unconstitutionality on ground of failure to evaluate properties cannot be made against paragraph (a)(4) of this section. Carter v. State, 93 Ga. App. 12, 90 S.E.2d 672 (1955) (see O.C.G.A. § 36-82-62).

Constitutionality of methods of repaying bonds.

- If a municipality desires, a municipality may pledge the entire revenue of existing facilities, along with the revenues from improvements made thereon with funds secured by the issuance of revenue anticipation bonds, to the payment of these certificates and the interest thereon, or the municipality may value the existing facilities, and by following the formula provided in this section, eliminate from the revenue pledged for payment of the bonds that revenue derived from existing facilities on which improvements were made. By the express terms of Ga. Const. 1976, Art. IX, Sec. VIII, Para. I (see Ga. Const. 1983, Art. IX, Sec. VI, Para. I), the acts of a municipality under the above provisions of law are authorized by and contravene no provisions of the Constitution. Carter v. State, 93 Ga. App. 12, 90 S.E.2d 672 (1955) (see O.C.G.A. § 36-82-62).

Revenue Bond Law (O.C.G.A. Art. 3, Ch. 82, T. 36) gives power of eminent domain to authorities such as the Clayton County Water Authority, duly created by act of the General Assembly, and there is no merit in the assertion that the condemnation of an easement for sewage lines over a person's land proceeded illegally because such authority is without authority to exercise the right of eminent domain. Johnston v. Clayton County Water Auth., 222 Ga. 39, 148 S.E.2d 417 (1966).

While the act creating the Henry County Water and Sewerage Authority (HCWSA) did not expressly grant HCWSA the power of eminent domain, the act did grant the HCWSA the power to build and maintain water systems both within and without the limits of the county, and to join the governing authority in the issuance of revenue-anticipation certificates; accordingly, the HCWSA possessed the power of eminent domain as granted under O.C.G.A. § 36-82-62(a). Ware v. Henry County Water & Sewerage Auth., 258 Ga. App. 778, 575 S.E.2d 654 (2002).

Paragraph (a)(5) of this section by its terms in no way restricts or limits powers granted by paragraph (a)(4). Carter v. State, 93 Ga. App. 12, 90 S.E.2d 672 (1955) (see O.C.G.A. § 36-82-62).

Section does not permit changes in contracts.

- In view of the fact that this section authorized municipalities and public authorities "to make all contracts" a court could not interpret this legislation as allowing changes in contracts except in accordance with the provisions contained in such agreements. Legally binding contracts must be honored. City of Jonesboro v. Clayton County Water Auth., 136 Ga. App. 768, 222 S.E.2d 76 (1975) (see O.C.G.A. § 36-82-62).

Power to collect fees independent.

- Power of cities and counties to collect fees, tolls, or other charges from undertakings such as causeways, parking meters, and other endeavors is clearly independent of power to issue revenue bonds, otherwise a county could not operate parking meters without a revenue bond issue and could not charge for meter parking after the bonds were paid. Krause v. City of Brunswick, 242 Ga. 659, 251 S.E.2d 239 (1978).

Although O.C.G.A. § 36-82-62 is part of Georgia's Revenue Bond Law, the power to operate and maintain an undertaking and the power to collect fees or charges from undertakings are clearly independent of the power to issue revenue bonds. McLeod v. Columbia County, 278 Ga. 242, 599 S.E.2d 152 (2004).

Revenue of existing facilities may be pledged to payment of certificates.

- It is clear from this section that if a municipality desires, the municipality may pledge the entire revenue of existing facilities, along with the revenues from improvements made thereon with funds secured by the issuance of revenue anticipation bonds, to the payment of these bonds and the interest thereon, or the municipality may value the existing facilities, and by following the formula provided in this article eliminate from the revenue pledged for payment of the bonds that revenue derived from existing facilities on which improvements were made. By the express terms of Ga. Const. 1976, Art. IX, Sec. VIII, Para. I (see Ga. Const. 1983, Art. IX, Sec. VI, Para. I), the acts of a municipality under the above provisions of law are authorized and contravene no provisions of the Constitution. Dade County v. State, 77 Ga. App. 139, 48 S.E.2d 144 (1948) (see O.C.G.A. § 36-82-62).

Bonds issued to extend existing system of improvements approved.

- Under the provisions of the Revenue Bond Law (O.C.G.A. Art. 3, Ch. 82, T. 36) and the constitutional sanction thereof (Ga. Const. 1976, Art. IX, Sec. VIII, Para. I (see Ga. Const. 1983, Art. IX, Sec. VI, Para. I)), revenue anticipation bonds may be issued by a municipality to extend an existing system of municipal improvements by pledging the entire revenue of the whole system to the payment thereof, subject to the rights of holders of prior issues, without pro-rating the values of the existing and the new facilities and pledging only the revenue of such new facilities according to their proportion to the total value. Carter v. State, 93 Ga. App. 12, 90 S.E.2d 672 (1955).

Municipality has authority to operate sewage treatment facilities under this section. Schanck v. Town of Hephzibah, 236 Ga. 530, 224 S.E.2d 354 (1976) (see O.C.G.A. § 36-82-62).

Improvement of waterworks approved.

- When it appeared that revenue anticipation bonds were to be issued by a town for improvement of waterworks under the authority and in accordance with the method prescribed by the Constitution and the laws incorporated therein by reference thereto, the proposed issuance of the revenue anticipation bonds, the proceeding for validation, and the judgment of validation were not contrary to any provisions of the Constitution. Thigpen v. Town of Davisboro, 81 Ga. App. 610, 59 S.E.2d 522 (1950).

Power to exercise eminent domain outside city limits to establish city sewer system under the Revenue Bond Law (O.C.G.A. Art. 3, Ch. 82, T. 36), and the requirement under Ga. Const. 1983, Art. IX, Sec. II, Para. III(b)(2) that the city must have a contract with the county to provide sewer services to county residents, are not mutually exclusive. Kelley v. City of Griffin, 257 Ga. 407, 359 S.E.2d 644 (1987).

Cited in Miller v. Head, 186 Ga. 694, 198 S.E. 680 (1938); Reed v. City of Smyrna, 201 Ga. 228, 39 S.E.2d 668 (1946); Findley v. City of Vidalia, 78 Ga. App. 581, 51 S.E.2d 542 (1949); Johnson v. State, 107 Ga. App. 16, 128 S.E.2d 651 (1962); Austin Enters., Inc. v. DeKalb County, 222 Ga. 232, 149 S.E.2d 461 (1966).

Power of eminent domain not limited by zoning regulations.

- Municipalities have the right to use public property, located within their corporate city limits, for necessary governmental purposes, regardless of existence of any contrary zoning regulations which prohibit such usage. 1981 Op. Att'y Gen. No. U81-1.

Eminent domain beyond corporate city limits.

- Georgia municipalities have power of eminent domain, even beyond corporate city limits, for public works financed by revenue bonds. 1981 Op. Att'y Gen. No. U81-1.

Municipalities need not comply with county zoning regulations when constructing waste-water and sewerage treatment facilities beyond city limits. 1981 Op. Att'y Gen. No. U81-1.

Doubtful that university may issue revenue obligations.

- Legal ability of the Board of Regents of the University System of Georgia to incur debt by issuing revenue obligations is doubtful. 1988 Op. Att'y Gen. No. 88-21.

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, § 1 et seq. 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 423 et seq., 470 et seq. 64 Am. Jur. 2d, Public Securities and Obligations, § 72 et seq.

C.J.S.

- 63 C.J.S., Municipal Corporations, § 1142 et seq. 64 C.J.S., Municipal Corporations, § 1358 et seq. 64A C.J.S. Municipal Corporations, § 2118 et seq.

ALR.

- Power of municipality to acquire and operate ice plant, 68 A.L.R. 872.

Implied power of municipality to operate nursery, quarry, gravel pit, or other operation for production of material needed for carrying out powers expressly conferred upon it, 104 A.L.R. 1342.

Power of municipality to charge nonresidents higher fees than residents for use of municipal facilities, 57 A.L.R.3d 998.