When any county, municipality, or political subdivision desires to incur any debt, within the purview and meaning of Article IX, Section V, Paragraph I or II of the Constitution of Georgia other than a bonded debt, the election required shall be called and held in accordance with Code Sections 36-80-11 through 36-80-14.
(Ga. L. 1904, p. 85, § 1; Civil Code 1910, § 463; Code 1933, § 87-601; Ga. L. 1983, p. 3, § 57.)
OPINIONS OF THE ATTORNEY GENERAL
Majority of voters participating necessary.
- In municipal elections to incur debt, approval of a majority of qualified voters participating in the election is required to incur debt rather than approval of a majority of all qualified voters. 1954-56 Op. Att'y Gen. p. 491.
RESEARCH REFERENCES
Am. Jur. 2d.
- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 534, 544.
C.J.S.- 20 C.J.S., Counties, §§ 310, 311. 64A C.J.S., Municipal Corporations, § 2057.
ALR.
- Requirement of prior appropriation by municipal authorities as condition of making a contract or incurring expense as applicable to local improvements, or bond issue payable only out of special funds and not constituting an obligation of the municipality, 124 A.L.R. 1467.
Constitutional or statutory requirement of prior approval by electors of issuance of bonds or incurring of indebtedness, by municipality, county, or state, as applicable to bonds or other instruments not creating indebtedness, 146 A.L.R. 604.