State v. Chatham County, 38685

• Court: Georgia Court of Appeals
• Writing for the Court: JORDAN
• Citation: State v. Chatham County, 119 S.E.2d 120, 103 Ga.App. 390 (Ga. App. 1961)
• Decision Date: 03 March 1961
• Docket Number: No. 2,No. 38685,38685,2
• Parties: STATE of Georgia, etc. v. CHATHAM COUNTY et al

Page 120

119 S.E.2d 120

103 Ga.App. 390

STATE of Georgia, etc. v. CHATHAM COUNTY et al.

No. 38685.

Court of Appeals of Georgia, Division No. 2.

March 3, 1961.

Rehearing Denied March 17, 1961.

Syllabus by the Court

The trial court erred in dismissing the petition of the State of Georgia seeking the confirmation and validation of certain county bonds under the provisions of Chapter 87-3 of the Georgia Code.

The petition of the State of Georgia, filed in its behalf by the Solicitor General of the Eastern Judicial Circuit on October 13, 1960 in the Superior Court of Chatham County, for the confirmation and validation of certain described serial bonds in the amount of $1,000,000, alleged the following material facts: On November 4, 1952, a proposed amendment (Ga.L.1951, p. 833) to Article VII, Section VII, Par. 1 of the Constitution of Georgia (Code Ann. § 2-6001) was voted on and ratified by the qualified voters of this State in the general election held on that date. Section 1 of said amendment provided: 'Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6001, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph to be appropriately numbered and worded as follows; to wit: And except that the County of Chatham in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue serial bonds not to exceed one million dollars ($1,000,000.00) for the purpose of expanding the same or any part thereof for the establishment and the construction of an additional new road to Savannah Beach, Tybee Island, Georgia, along the old right-of-way of the Central of Georgia, Railway Company or at some other location which in the judgment of the county commissioners they may deed best suited for the purpose. It being the intent of this amendment that the proceeds of said issue of bonds shall be used by the county commissioners to supplement in such amounts as may be necessary, the proceeds derived from the issue of any revenue certificates which may be issued in the event the county commissioners should determine to make said road a toll road. The Board of County Commissioners and Ex Officio Judges of Chatham County shall provide for the assessment and collection of an annual tax sufficient in the amount to pay the principal and interest of said serial bonds as they become due. Said serial bonds when issued shall mature in twenty annual equal amounts beginning ten years from the date of issuance and maturing each year thereafter for a period of twenty years. Said serial bonds shall be issued and validated when authorized by a resolution adopted by the affirmative vote of a majority of the membership of the Board of County Commissioners and Ex Officio Judges of Chatham County who are also authorized by a majority vote to fix the rate of interest of said bonds, the date of issuance and all other details incident to the issue and sale of said bonds.'

Pursuant to this amendment the Commissioners of Chatham County and Ex Officio Judges thereof on October 6, 1960 passed a resolution authorizing the issuance of said bonds in the amount of $1,000,000 to be known as 'Chatham County Tybee Road Bonds for 1960.' On October 13, 1960, the commissioners pensonally notified the solicitor-general to institute the instant proceedings for the purpose of confirming and validating said bonds.

The petition further alleged that the proceeds from the sale of said bonds would be used for the purposes of 'obtaining rights-of-way necessary for the widening and/or constructing and building of roads, the building of new roads, the opening, grading, repaving, reconstructing and resurfacing of roads, and for purchasing, condemning and/or acquiring of rights of way and improvements, the building of bridges and approaches thereto, and all things necessary and/or useful in connection with the roadway known as President Street Extension for Savannah Beach Expressway and Spur to Savannah Beach, Tybee Island, Georgia.'

The trial court on October 13, 1960, allowed the petition filed and ordered the County of Chatham to show cause on October 21, 1960 why said bonds should not be confirmed and validated as prayed. Chatham County filed its answer admitting the allegations of the petition.

On the date set for the hearing S. L. Peters, as a citizen and taxpayer of Chatham County, acting pursuant to the provisions of Code § 87-304, filed an intervention in the present proceedings in which he objected to the validation of the bonds on two grounds: (1) that the laws of this State require that the governing body of...