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Ga. Const. art. IX, § V, ¶ IV — Exceptions to debt limitations | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE IX. COUNTIES AND MUNICIPAL CORPORATIONS

Paragraph IV. Exceptions to debt limitations.

Notwithstanding the debt limitations provided in Paragraph I of this section and without the necessity for a referendum being held therefor, the governing authority of any county, municipality, or other political subdivision of this state may, subject to the conditions and limitations as may be provided by general law:

(1) Accept and use funds granted by and obtain loans from the federal government or any agency thereof pursuant to conditions imposed by federal law.

(2) Incur debt, by way of borrowing from any person, corporation, or association as well as from the state, to pay in whole or in part the cost of property valuation and equalization programs for ad valorem tax purposes.

1976 Constitution.

- Art. IX, Sec. VII, Paras. I, V.

JUDICIAL DECISIONS

Municipality not liable for indebtedness contracted pursuant to Ga. Const. 1983, Art. IX, Sec. VI, Para. I and Art. 3, Ch. 82, T. 36. - Liability against a municipality arising out of and by virtue of any contract made by such municipality with an engineering company, entered into pursuant to Ga. Const. 1976, Art. IX, Sec. VIII, Para. I (see Ga. Const. 1983, Art. IX, Sec. VI, Para. I) and the Revenue Bond Law, Ga. L. 1937, p. 761 (see now O.C.G.A. Art. 3, Ch. 82, T. 36), is not an indebtedness of the municipality which can be paid and satisfied out of the general tax fund or other general funds of said municipality. City of Royston v. Littrell Eng'g Co., 87 Ga. App. 903, 75 S.E.2d 678 (1953).

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 534 et seq., 565 et seq.

ALR.

- Exception regarding "emergency," "urgency," etc., within statute or charter forbidding municipal corporation to expend money or incur indebtedness in absence, or in excess, of appropriation, 111 A.L.R. 703.