Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 46-3-129 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-129 Case Law from Google Scholar Amendments to OCGA 46-3-129

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 3 MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA

46-3-129. Contracts between authority and political subdivisions for use of projects and facilities of authority.

  1. The authority may contract with any political subdivision of this state which is authorized by Code Section 46-3-130 to make such contracts for the payment of such rates, tolls, fees, and charges as may be prescribed by the authority for the use by such subdivisions or the residents thereof of the services and facilities of the projects and facilities of the authority. Any such political subdivision shall have the right and power, by resolution of its governing body, to make such a contract; and the amounts contracted to be paid by such political subdivision to the authority under such a contract shall constitute general obligations of such political subdivision for the payment of which the full faith and credit of such political subdivision may be pledged to provide the funds required to fulfill all obligations arising under any such contract.
  2. Any such political subdivision which enters into such a contract pursuant to this article shall, annually in each and every fiscal year during the term of such contract, include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full.
  3. If for any reason a provision or appropriation pursuant to subsection (b) of this Code section is not made, then the fiscal officers of such political subdivision are authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of an appropriation made under this subsection in each fiscal year shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract; and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the authority if for any reason such appropriation is not otherwise made.
  4. Any political subdivision which contracts with the authority under this article may obligate itself and its successors to use only those projects for which it has contracted and none other.

(Ga. L. 1975, p. 107, § 17.)

JUDICIAL DECISIONS

No unconstitutional delegation of legislative powers.

- The provisions of Ga. L. 1975, p. 107 and particularly Ga. L. 1975, p. 107, § 17 (see O.C.G.A. § 46-3-129), conferring power on the fiscal authorities to appropriate funds to pay the obligations under the contracts and to make payments of such funds, do not constitute an unconstitutional delegation of legislative powers. Thompson v. Municipal Elec. Auth., 238 Ga. 19, 231 S.E.2d 720 (1976).

Right granted by this section to promote public welfare not unconstitutional.

- The right granted by Ga. L. 1975, p. 107, § 17 (see O.C.G.A. § 46-3-129) to political subdivisions to give an exclusive privilege or monopoly to the authority to promote the public welfare does not violate Ga. Const. 1976, Art. III, Sec. VIII, Para. VIII (Ga. Const. 1983, Art. III, Sec. VI, Para. V). Thompson v. Municipal Elec. Auth., 238 Ga. 19, 231 S.E.2d 720 (1976).

Pledging full faith and credit and taxing power does not constitute unlawful taking of property.

- Under Ga. L. 1975, p. 107, the pledging of the full faith and credit and taxing power of the political subdivisions does not constitute a taking of property without due process of law. Thompson v. Municipal Elec. Auth., 238 Ga. 19, 231 S.E.2d 720 (1976).

Cited in Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986).

No results found for Georgia Code 46-3-129.