Resolution as Conclusive Evidence of Authority's Establishment and Authority

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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 authorized 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.

(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.)

Cross references.

- Hearsay rule exceptions, § 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).

JUDICIAL DECISIONS

Cited in Telford v. City of Gainesville, 208 Ga. 56, 65 S.E.2d 246 (1951).


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