O.C.G.A.

O.C.G.A. § 8-3-6 (2019)

Resolution as conclusive evidence of authority’s establishment and authority

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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In any action or proceeding involving the validity or enforcement of, or otherwise relating to, any contract of an authority, the authority shall be conclusively deemed to have become established and autho959 rized to transact business and exercise its powers under this article upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution shall be deemed sufficient if it declares that there is need for an authority and finds in substantially such terms as appear in subsection (a) of Code Section 8-3-5, no further detail being necessary, that either or both of the conditions enumerated in that subsection exist in the city or county, as the case may be.

History

Ga. L. 1937, p. 210, § 4; Ga. L. 1939, p. 126, § 1; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1; Ga. L. 2011, p. 99, § 7/HB 24.

Annotations

Cross references. Hearsay rule exceptions; availability of declarant immaterial, § 24-8-803. Self authentication, § 24-9-902. Public records, § 24-10-1005. Editor’s notes. Ga. L. 2011, p. 99, § 101/HB 24, not

codified by the General Assembly, provides that the amendment made by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013. Law reviews. For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).