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2018 Georgia Code 8-3-155 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 8-3-155 Case Law from Google Scholar Amendments to OCGA 8-3-155

TITLE 8 BUILDINGS AND HOUSING

Section 3. Housing Generally, 8-3-1 through 8-3-332.

ARTICLE 2 HOUSING COOPERATION LAW

8-3-155. Appropriations to an authority by a city or a county for first-year expenses; loans and donations to authority.

  1. When any housing authority which is created for any city or county becomes authorized to transact business and exercises its powers therein, the city council or the county commissioners, as the case may be, shall immediately make an estimate of the amount of money necessary for the administrative expense and overhead of such housing authority during the first year thereafter and shall appropriate such amount to the authority out of any moneys in such city or county treasury not appropriated to some other purposes. The moneys so appropriated shall be paid to the authority as a donation.
  2. Any city or county located in whole or in part within the area of operation of a housing authority shall have the power from time to time to lend or donate money to the authority or to agree to take such action. The housing authority, when it has money available therefor, shall make reimbursement for all such loans made to it.

(Ga. L. 1937, p. 697, § 6.)

JUDICIAL DECISIONS

Housing Cooperation Law, Ga. L. 1937, p. 697 (see now O.C.G.A. § 8-3-151 et seq.) is not violative of Ga. Const. 1976, Art. IX, Sec. IV, Para. III, (see now Ga. Const. 1983, Art. IX, Sec. II, Para. VIII) which, among other things, provides that the General Assembly shall not authorize any municipality to appropriate money to any corporation except for purely charitable purposes. Williamson v. Housing Auth., 186 Ga. 673, 199 S.E. 43 (1938).

Ga. L. 1937, p. 697, § 6 imposes no obligation upon the city to pay operating expenses if there is in the treasury of the city money not appropriated to other purposes. Hogg v. City of Rome, 189 Ga. 298, 6 S.E.2d 48 (1939).

Housing Cooperation Law, Ga. L. 1937, p. 697 (see now O.C.G.A. § 8-3-151 et seq.) imposes no obligation upon a city to pay the operating expenses of the city housing authority for the first year, unless there is in the city treasury money not appropriated for other purposes. Hogg v. City of Rome, 189 Ga. 298, 6 S.E.2d 48 (1939).

When a petition alleges that all funds in the city treasury have been appropriated for other purposes, and thus it would constitute a violation of the legal duty for the city commissioners to use such appropriated funds, such petition, in the absence of specific allegations that such duty is being violated, may be dismissed, the presumption of law being that such duty will not be so violated. Hogg v. City of Rome, 189 Ga. 298, 6 S.E.2d 48 (1939).

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