When a governmental body passes a resolution for the issuance of revenue bonds and notice is duly served upon the district attorney or the Attorney General under the authority of such governmental body, for the purpose of securing a judicial validation of such bonds and the security therefor, but the district attorney or Attorney General fails to proceed within the time specified in Code Section 36-82-75, it shall be competent for such governmental body to represent such facts in writing to the court and to represent further that the failure has been without fault on the part of the governmental body. In such case, it shall be the duty of the court and he shall have the power and authority to inquire into the facts and, upon being satisfied that the failure has not arisen from any fault or neglect on the part of the governmental body, to pass an order authorizing and directing the district attorney or Attorney General to proceed within ten days to file the petition authorized by Code Section 36-82-75. Thereafter, the proceedings shall be had in the same manner as would have been followed had such petition been duly and promptly filed in the first instance.
History. Ga. L. 1937, p. 761, § 17.
Structure Georgia Code
§ 36-82-62. Powers as to Undertakings and Revenue Bonds Generally
§ 36-82-63. Adoption of Resolution Authorizing Undertaking and Issuance of Revenue Bonds
§ 36-82-66. Governmental Liability for Payment of Bonds; Recitation on Bond
§ 36-82-68. Powers and Duties of Receiver Generally
§ 36-82-69. Limitations on Authority of Receiver and Supervising Court
§ 36-82-70. Supervision of Receiver by Court
§ 36-82-71. Surrender of Receivership Upon Cure of Default
§ 36-82-72. Construction of Code Sections 36-82-67 Through 36-82-71 and This Code Section
§ 36-82-73. Proceedings for Validation of Revenue Bonds Generally
§ 36-82-74. Notice to District Attorney or Attorney General of Resolution Authorizing Revenue Bonds
§ 36-82-76. Notice of Hearing on Validation
§ 36-82-78. Effect of Judgment of Validation
§ 36-82-79. Entry of Reference to Judgment on Validated Bonds; Use of Entry as Evidence; Clerk’s Fee
§ 36-82-80. Payment of Costs of Proceedings
§ 36-82-81. Procedure When District Attorney or Attorney General Fails to File Petition
§ 36-82-82. Effect of Judgment of Validation Upon Failure to File Petition
§ 36-82-83. Validation of Revenue Bonds of Certain Hospital Authorities
§ 36-82-84. Applicability of Article to Common Carriers of Passengers for Hire
§ 36-82-85. Construction of Article Generally; Applicability of Certain Other Provisions of Law