10 | 7 | | acquisition and disposition of real and personal property generally, so as to provide for2 |
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11 | 8 | | conveyance of municipal property interests to independent school systems; to provide for3 |
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12 | 9 | | municipal replacement of such conveyed property; to provide for related matters; to repeal4 |
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13 | 10 | | conflicting laws; and for other purposes.5 |
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14 | 11 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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15 | 12 | | SECTION 1.7 |
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16 | 13 | | Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to acquisition and8 |
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17 | 14 | | disposition of real and personal property generally, is amended by revising Code Section9 |
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18 | 15 | | 36-37-6.1, relating to sale, exchange, lease, or grant of easement over property used for10 |
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19 | 16 | | recreational purposes by incorporated municipalities having population greater than 300,000,11 |
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20 | 17 | | as follows:12 |
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21 | 18 | | "36-37-6.1.13 |
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22 | 19 | | (a) This Code section shall be applicable to incorporated municipalities of the State of14 |
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23 | 20 | | Georgia having a population of more than 300,000 according to the United States decennial15 |
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24 | 21 | | census of 1960 or any future such census.16 |
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29 | 25 | | any real or personal property comprising parks, playgrounds, golf courses, swimming18 |
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30 | 26 | | pools, or other like property used primarily for recreational purposes, provided that nothing19 |
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31 | 27 | | in this Code section shall have the effect of authorizing alienation where such would be in20 |
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32 | 28 | | derogation of rights, duties, and obligations imposed by prior deed, contract, or like21 |
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33 | 29 | | document of similar import or where such alienation would cause divesting of title to a22 |
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34 | 30 | | park, playground, golf course, swimming pool, or other like property that had been23 |
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35 | 31 | | dedicated to public use and not subsequently abandoned.24 |
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36 | 32 | | (c)(1) All such municipalities shall have authority to lease out and grant easements over25 |
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37 | 33 | | property used primarily for recreational purposes to others consistent with general park26 |
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38 | 34 | | and recreational purposes for a period not exceeding 50 years and for a valuable27 |
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39 | 35 | | consideration. Any such recreational property which was formerly used for annual28 |
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40 | 36 | | regional fair purposes but is no longer so used may be leased by any such municipality29 |
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41 | 37 | | to one or more private entities for terms of not more than 50 years each for development30 |
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42 | 38 | | and use as motion picture and television production, processing, and related facilities31 |
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43 | 39 | | together with all such support and service facilities as are necessary or convenient to such32 |
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44 | 40 | | use.33 |
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45 | 41 | | (2) All such municipalities shall have authority to enter into contracts and renewals and34 |
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46 | 42 | | extensions of contracts for the cooperative operation, maintenance, cooperative35 |
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47 | 43 | | management, and funding of property which in no way limits the governance or the36 |
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48 | 44 | | policy role of said municipalities which property is used primarily for recreational37 |
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49 | 45 | | purposes consistent with general park and recreational purposes, for periods not38 |
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50 | 46 | | exceeding ten years and for a valuable consideration.39 |
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57 | 52 | | - 2 - 25 LC 44 3164S |
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58 | 53 | | of such municipality and the board of such independent school system determine that44 |
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59 | 54 | | such lease, easement, or conveyance is in the best interest of their respective jurisdictions45 |
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60 | 55 | | and for use of the school system for educational purposes. If such property is conveyed,46 |
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61 | 56 | | the governing authority of such municipality shall subsequently replace such property47 |
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62 | 57 | | with one or more properties which are determined by such governing authority to be, in48 |
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63 | 58 | | the aggregate, of equal or greater acreage and of substantially equivalent or greater49 |
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64 | 59 | | benefit to the citizens of such municipality, taking into consideration the prevailing uses50 |
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65 | 60 | | and needs of such municipality. One or more independent conveyances of property as51 |
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66 | 61 | | may be agreed upon by such municipality and independent school system for the public52 |
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67 | 62 | | uses set forth in subsection (b) of this Code section shall be credited against the53 |
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68 | 63 | | replacement property required by this paragraph for any subsequent conveyance of54 |
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69 | 64 | | property described in subsection (b) of this Code section by the municipality to the55 |
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70 | 65 | | independent school system. The cumulative impact of such conveyances shall not result56 |
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71 | 66 | | in a net loss of park acreage owned by such municipality."57 |
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72 | 67 | | SECTION 2.58 |
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73 | 68 | | All laws and parts of laws in conflict with this Act are repealed.59 |
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