§ 38-81. Constitutional authority.

Article XI, section I, paragraph I, of the constitution is hereby amended by striking therefrom the following:

"The governing authority of the County of Cobb is hereby given the authority and power to establish and administer within the bounds of the County of Cobb sewage districts, and may therein create, construct, maintain and operate a system, or systems, for the disposal of sewage within such districts, and to levy taxes therefor on all property in said districts upon the vote of a majority of the qualified voters of said districts voting at a special election to be called by the ordinary [now probate judge] of said county, and to be held in said district upon said question; provided, that such taxes shall not exceed five mills upon the valuation of the property located in any such district. In the event bonds are issued by the county for a specific district, a tax may be levied therein unlimited as to rate or amount. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided by article VII, section VII, paragraph I of the constitution at an election called and held by the governing authority or body charged with the duty of managing the fiscal affairs of Cobb County, and only those voters residing in such districts shall participate in such election held for that purpose. Any other provisions in this Constitution to the contrary notwithstanding, any such district may issue bonds in an amount up to ten percent of the assessed valuation of property located therein subject to taxation for bond purposes. Provided further, that the homestead exemption granted by article VII, section I, paragraph IV of the constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for operation and maintenance of the system or for debt service.",

and inserting in lieu thereof the following:

"The governing authority of the County of Cobb is hereby given the authority and power to establish and administer within the bounds of the County of Cobb sewage districts, and may therein create, construct, maintain and operate a system, or systems, for the disposal of sewage within such districts, and to levy taxes therefor on all property in said districts upon the vote of a majority of the qualified voters of said districts voting at a special election to be called by the ordinary [now probate judge] of said county, and to be held in said district upon said question; provided, that such taxes shall not exceed five mills upon the valuation of the property located in any such district. In the event bonds are issued by the county for a specific district, a tax may be levied therein unlimited as to rate or amount. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided by article VII, section VII, paragraph I of the constitution at an election called and held by the governing authority or body charged with the duty of managing the fiscal affairs of Cobb County, and only those voters residing in such district shall participate in such election held for that purpose. Any other provisions in such Constitution to the contrary notwithstanding, any such district may issue bonds in an amount up to ten percent of the assessed valuation of property located therein subject to taxation for bond purposes. Provided further, that the homestead exemption granted by article VII, section I, paragraph IV of the constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for operation and maintenance of the system or for debt service.

"A district may encompass the entire county. Bonds are authorized as herein provided and may be issued for the entire county as a district which shall be general obligation bonds of the county in all respects as issued by article VII, section VII, paragraph I of the constitution. Said bonded indebtedness authorized hereinunder shall be in addition to and separate from the seven per centum debt limitation now imposed by article VII, section VII, paragraph I of the constitution and nothing herein contained shall limit or otherwise affect the amount of bonds Cobb County may issue under article VII, section VII, paragraph I of the constitution for other purposes. A bond election as herein provided may not be called at the same time an election is held to establish a sewer district. The provisions of this amendment are cumulative and in addition to all other rights and authority which have heretofore been conferred or may hereafter be conferred upon Cobb County under the Constitution and laws of the State of Georgia. This amendment is for an essential governmental purpose and shall be liberally construed."

(1967 Ga. Laws (Act No. 32), page 932, § 1)

Editor's note

The above local amendment to Ga. Const. (1945), art. XI, § I, ¶ I, was continued by 1986 Ga. Laws (Act No. 1086), page 4509. See Ga. Const. (1983), art. XI, § I, ¶ IV.