Title 36, Chapter 60, Section 13
( 36-60-13)
(a) Each county or municipality in this state shall be authorized to
enter into multiyear lease, purchase, or lease purchase contracts of
all kinds for the acquisition of goods, materials, real and personal
property, services, and supplies, provided that any such contract
shall contain provisions for the following: (1) The contract shall terminate absolutely and without further
obligation on the part of the county or municipality at the close
of the calendar year in which it was executed and at the close of
each succeeding calendar year for which it may be renewed as
provided in this Code section; (2) The contract may provide for automatic renewal unless positive
action is taken by the county or municipality to terminate such
contract, and the nature of such action shall be determined by the
county or municipality and specified in the contract; (3) The contract shall state the total obligation of the county or
municipality for the calendar year of execution and shall further
state the total obligation which will be incurred in each calendar
year renewal term, if renewed; and (4) The contract shall provide that title to any supplies,
materials, equipment, or other personal property shall remain in
the vendor until fully paid for by the county or municipality. (b) In addition to the provisions enumerated in subsection (a) of
this Code section, any contract authorized by this Code section may
include: (1) A provision which requires that the contract will terminate
immediately and absolutely at such time as appropriated and
otherwise unobligated funds are no longer available to satisfy the
obligations of the county or municipality under the contract; or (2) Any other provision reasonably necessary to protect the
interests of the county or municipality. (c) Any contract developed under this Code section containing the
provisions enumerated in subsection (a) of this Code section shall
be deemed to obligate the county or municipality only for those sums
payable during the calendar year of execution or, in the event of a
renewal by the county or municipality, for those sums payable in the
individual calendar year renewal term. (d) No contract developed and executed pursuant to this Code section
shall be deemed to create a debt of the county or municipality for
the payment of any sum beyond the calendar year of execution or, in
the event of a renewal, beyond the calendar year of such renewal. (e) No contract developed and executed pursuant to this Code section
may be delivered if the principal portion of such contract, when
added to the amount of debt incurred by any county or municipality
pursuant to Article IX, Section V, Paragraph I of the Constitution
of Georgia, exceeds 10 percent of the assessed value of all taxable
property within such county or municipality. (f) No contract developed and executed pursuant to this Code section
may be delivered if the real or personal property being so financed
has been the subject of a referendum which failed to receive the
approval of the voters of the county or municipality within the
immediately preceding four calendar years, unless such real or
personal property is required to be financed pursuant to a federal
or state court order, or imminent threat thereof, as certified by
the governing authority of the county or municipality. (g) No contract developed and executed pursuant to this Code section
with respect to the acquisition of real property may be delivered
unless a public hearing has been held by the county or municipality
after two weeks' notice published in a newspaper of general
circulation within the county or municipality. (h)(1) On or after July 1, 2000, no contract developed and
executed or renewed, refinanced, or restructured pursuant to this
Code section with respect to real property may be delivered if the
lesser of either of the following is exceeded: (A) The average annual payments on the aggregate of all such outstanding contracts exceed 7.5 percent of the governmental fund revenues of the county or municipality for the calendar year preceding the delivery of such contract plus any available special county 1 percent sales and use tax proceeds collected pursuant to Code Section 48-8-111; or (B) The outstanding principal balance on the aggregate of all
such outstanding contracts exceeds $25 million; provided,
however, that with respect to any county or municipality in
which, prior to July 1, 2000, the outstanding principal balance
on the aggregate of outstanding contracts exceeds $25 million,
such outstanding contracts may be renewed, refinanced, or
restructured, but no new contracts shall be developed and
executed until the outstanding principal balance on such
outstanding contracts has been reduced so that the $25 million
limitation of this subparagraph, or the limitation in
subparagraph (A) of this paragraph, whichever is lower, is not
exceeded. (2) Paragraph (1) of this subsection shall not apply to contracts
developed and executed or renewed, refinanced, or restructured
pursuant to this Code section which are for projects or
facilities: (A) For the housing of court services, where any other state law
or laws authorize the project or facility to be financed and
paid for from the collection of fines rather than from tax
revenues; or (B) Which have been previously approved in the most recent
referendum calling for the levy of a special county 1 percent
sales and use tax pursuant to Part 1 of Article 3 of Chapter 8
of Title 48. (i) Any such contract may provide for the payment by the county or
municipality of interest or the allocation of a portion of the
contract payment to interest, provided that the contract is in
compliance with this Code section. (j) Nothing in this Code section shall restrict counties or
municipalities from executing reasonable contracts arising out of
their proprietary functions. |