22 | 22 | | "ARTICLE 1415 |
---|
23 | 23 | | 50-8-310.16 |
---|
24 | 24 | | As used in this article, the term:17 |
---|
25 | 25 | | (1) 'Authority' means the Central State Hospital Redevelopment Authority created in this18 |
---|
26 | 26 | | article.19 |
---|
27 | 27 | | (2) 'Central State Hospital' means the Central State Hospital in Milledgeville, Georgia,20 |
---|
28 | 28 | | now or formerly under the jurisdiction of the Department of Behavioral Health and21 |
---|
29 | 29 | | Developmental Disabilities.22 |
---|
30 | 30 | | (3) 'Cost of the project' means and embraces the cost of construction; the cost of all23 |
---|
31 | 31 | | lands, properties, rights, easements, and franchises acquired; the cost of all machinery and24 |
---|
32 | 32 | | equipment, financing charges, interest prior to and during construction and for one year25 |
---|
33 | 33 | | after completion of construction; the cost of engineering, architectural, fiscal agent, and26 |
---|
34 | 34 | | legal expenses, and of plans and specifications and other expenses necessary or incident27 |
---|
35 | 35 | | to determining the feasibility or practicability of the project, administrative expenses, and28 |
---|
36 | 36 | | such other expenses as may be necessary or incident to the financing authorized in this29 |
---|
37 | 37 | | article; the cost of the acquisition or construction of any project; and the cost of placing30 |
---|
38 | 38 | | any project in operation. Any obligation or expense incurred for any of the foregoing31 |
---|
39 | 39 | | purposes shall be regarded as a part of the cost of the project and may be paid or32 |
---|
40 | 40 | | reimbursed as such out of the proceeds of revenue bonds issued under the provisions of33 |
---|
41 | 41 | | this article for such projects.34 |
---|
42 | 42 | | (4) 'Department' means the Department of Community Affairs.35 |
---|
43 | 43 | | (5) 'Economic development conveyance' shall have the same meaning as provided in 3236 |
---|
44 | 44 | | C.F.R. Section 174.9(a).37 |
---|
45 | 45 | | (6) 'Local government' means, individually or in combination, the City of Milledgeville,38 |
---|
46 | 46 | | Baldwin County, or any development authority of either or both.39 |
---|
47 | 47 | | (7)(A) 'Project' includes:40 |
---|
48 | 48 | | S. B. 260 (SUB) |
---|
50 | 50 | | (i) The land and any one or more buildings or structures located in or on the real41 |
---|
51 | 51 | | property formerly occupied by Central State Hospital and the real property adjacent42 |
---|
52 | 52 | | thereto to be used in education, parks and recreation, transportation, healthcare,43 |
---|
53 | 53 | | research, housing, commerce, or the production, manufacturing, processing,44 |
---|
54 | 54 | | assembling, storing, or handling of any agricultural, manufactured, mining, or45 |
---|
55 | 55 | | industrial products or any combination of the foregoing or similar uses, in every case46 |
---|
56 | 56 | | with all necessary or useful furnishings, machinery, equipment, parking facilities,47 |
---|
57 | 57 | | landscaping, and facilities for outdoor storage, all as determined by the authority,48 |
---|
58 | 58 | | which determination shall be final and not subject to review; and there may be49 |
---|
59 | 59 | | included as part of any such project all improvements necessary to the full utilization50 |
---|
60 | 60 | | thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor51 |
---|
61 | 61 | | lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for52 |
---|
62 | 62 | | railroad and automotive transportation, and transportation facilities incidental to the53 |
---|
63 | 63 | | project;54 |
---|
64 | 64 | | (ii) The acquisition, construction, leasing, or equipping of new industrial facilities or55 |
---|
65 | 65 | | the improvement, modification, acquisition, expansion, modernization, leasing,56 |
---|
66 | 66 | | equipping, or remodeling of existing industrial or governmental facilities located or57 |
---|
67 | 67 | | to be located in or on the property formerly occupied by Central State Hospital and58 |
---|
68 | 68 | | the properties adjacent thereto;59 |
---|
69 | 69 | | (iii) The acquisition, construction, improvement, or modification of any property, real60 |
---|
70 | 70 | | or personal, which any industrial concern might desire to use, acquire, or lease in61 |
---|
71 | 71 | | connection with the operation of any plant or facility located or to be located in or on62 |
---|
72 | 72 | | the property formerly occupied by Central State Hospital and the properties adjacent63 |
---|
73 | 73 | | thereto; and64 |
---|
74 | 74 | | (iv) The acquisition and development of land in or on the property formerly occupied65 |
---|
75 | 75 | | by Central State Hospital as the site for an educational facility, historic preservation66 |
---|
76 | 76 | | site, commercial enterprise, entertainment facility, park or recreational facility,67 |
---|
77 | 77 | | S. B. 260 (SUB) |
---|
79 | 79 | | industrial park, transportation facility, healthcare facility, research facility, residential68 |
---|
80 | 80 | | project, or similar uses, provided that, as used in this division, the term 'development69 |
---|
81 | 81 | | of land' includes the provision of water, sewage, drainage, or similar facilities or70 |
---|
82 | 82 | | transportation, power, or communication facilities which are incidental to use of the71 |
---|
83 | 83 | | site as an educational facility, historic preservation site, commercial enterprise,72 |
---|
84 | 84 | | entertainment facility, park or recreational facility, industrial park, transportation73 |
---|
85 | 85 | | facility, healthcare facility, research facility, residential project, or similar use but,74 |
---|
86 | 86 | | except with respect to such facilities, does not include the provision of structures or75 |
---|
87 | 87 | | buildings.76 |
---|
88 | 88 | | (B) Such term excludes real property, personal property, and fixtures within the control77 |
---|
89 | 89 | | of the Department of Behavioral Health and Developmental Disabilities and not78 |
---|
90 | 90 | | declared surplus to its needs.79 |
---|
91 | 91 | | 50-8-311.80 |
---|
92 | 92 | | (a)(1) The department is authorized to acquire, construct, operate, maintain, expand, and81 |
---|
93 | 93 | | improve a project for the purpose of promoting trade, commerce, industry, and82 |
---|
94 | 94 | | employment opportunities within this state for the public good and general welfare and,83 |
---|
95 | 95 | | without limitation of the foregoing, with the approval of the State Properties Commission,84 |
---|
96 | 96 | | to acquire land for such purposes.85 |
---|
97 | 97 | | (2) The department may pay the costs of the project from any lawful fund source86 |
---|
98 | 98 | | available for the purpose, including, without limitation, where applicable, funds received87 |
---|
99 | 99 | | by appropriation, proceeds of general obligation debt, funds of local government, grants88 |
---|
100 | 100 | | of the United States or any agency or instrumentality thereof, gifts, and otherwise.89 |
---|
101 | 101 | | (3) The department shall consider the impact of any project on the current operations of90 |
---|
102 | 102 | | Central State Hospital and consult the Department of Behavioral Health and91 |
---|
103 | 103 | | Developmental Disabilities as needed.92 |
---|
104 | 104 | | S. B. 260 (SUB) |
---|
106 | 106 | | (4) The project shall be located in Baldwin County, Georgia, and shall be known as the93 |
---|
107 | 107 | | Central State Hospital Redevelopment Authority except that any facility included within94 |
---|
108 | 108 | | the project may be otherwise designated.95 |
---|
109 | 109 | | (b) A local government and the department are both authorized to contract with one96 |
---|
110 | 110 | | another whereby the local government may exercise on behalf of the department such97 |
---|
111 | 111 | | future responsibility in connection with the construction, operation, management, and98 |
---|
112 | 112 | | maintenance of the project as is now or may be vested in the department; and the99 |
---|
113 | 113 | | department is authorized by such contract to delegate to the local government100 |
---|
114 | 114 | | corresponding responsibilities and powers with respect to the project and to transfer to the101 |
---|
115 | 115 | | local government any and all contracts, plans, documents, or other papers of the department102 |
---|
116 | 116 | | relating to the project, as compensation to the local government under such contract. To103 |
---|
117 | 117 | | the extent provided by such contract with the department, the local government on behalf104 |
---|
118 | 118 | | of the department shall acquire, plan, construct, erect, repair, remodel, maintain, add to,105 |
---|
119 | 119 | | extend, improve, equip, operate, and manage the project.106 |
---|
120 | 120 | | (c) Without limiting the generality of any provision of this article, the general purpose of107 |
---|
121 | 121 | | the local government under this article is declared to be that of acquiring, constructing,108 |
---|
122 | 122 | | equipping, maintaining, and operating the project, in whole or in part, directly or under109 |
---|
123 | 123 | | contract with the department and engaging in such other activities as it deems appropriate110 |
---|
124 | 124 | | to promote the use of the project and the use of the industrial, agricultural, educational,111 |
---|
125 | 125 | | historical, cultural, recreational, commercial, and natural resources of the State of Georgia112 |
---|
126 | 126 | | by those using the project or visiting this state.113 |
---|
127 | 127 | | (d) The department shall have the authority with the approval of the State Properties114 |
---|
128 | 128 | | Commission to lease any improved or unimproved land or other property acquired by it115 |
---|
129 | 129 | | under this Code section to the local government for a term not to exceed 50 years but upon116 |
---|
130 | 130 | | such other terms and conditions as the department may determine necessary or convenient. 117 |
---|
131 | 131 | | Any such lease may be for and in consideration of $1.00 annually for each calendar year118 |
---|
132 | 132 | | or portion thereof paid in kind to and receipted for by the Office of the State Treasurer and119 |
---|
133 | 133 | | S. B. 260 (SUB) |
---|
148 | | - | (A) Three members shall be appointed by the Governor. Two of the members 133 |
---|
149 | | - | appointed by the Governor shall reside in Baldwin County;134 |
---|
150 | | - | (B) One member shall be appointed by the President of the Senate;135 |
---|
151 | | - | (C) One member shall be appointed by the Speaker of the House of Representatives;136 |
---|
152 | | - | and137 |
---|
153 | | - | (D) One nonvoting member shall be appointed by the state property officer.138 |
---|
154 | | - | (2) Persons so appointed shall serve for initial terms of office which shall expire on139 |
---|
155 | | - | December 31 of the fourth year after their appointment. After the initial terms of office,140 |
---|
156 | | - | members of the authority shall serve for terms of office of four years each. Members of141 |
---|
157 | | - | the authority shall serve their respective terms of office specified in this subsection and142 |
---|
158 | | - | until their respective successors are appointed and qualified. Any member of the143 |
---|
159 | | - | authority may be appointed to succeed himself or herself. After such appointment, the144 |
---|
160 | | - | members of such authority shall enter upon their duties. Any vacancy on the authority145 |
---|
| 148 | + | (A) One member shall be appointed by the Governor;133 |
---|
| 149 | + | (B) One member shall be appointed by the President of the Senate;134 |
---|
| 150 | + | (C) One member shall be appointed by the Speaker of the House of Representatives;135 |
---|
| 151 | + | and136 |
---|
| 152 | + | (D) One nonvoting member shall be appointed by the state property officer.137 |
---|
| 153 | + | (2) Persons so appointed shall serve for initial terms of office which shall expire on138 |
---|
| 154 | + | December 31 of the fourth year after their appointment. After the initial terms of office,139 |
---|
| 155 | + | members of the authority shall serve for terms of office of four years each. Members of140 |
---|
| 156 | + | the authority shall serve their respective terms of office specified in this subsection and141 |
---|
| 157 | + | until their respective successors are appointed and qualified. Any member of the142 |
---|
| 158 | + | authority may be appointed to succeed himself or herself. After such appointment, the143 |
---|
| 159 | + | members of such authority shall enter upon their duties. Any vacancy on the authority144 |
---|
| 160 | + | shall be filled in the same manner as was the original appointment of the member whose145 |
---|
162 | | - | - 6 - 25 LC 62 0217S |
---|
163 | | - | shall be filled in the same manner as was the original appointment of the member whose146 |
---|
164 | | - | term of office resulted in such vacancy. A person appointed to fill a vacancy shall serve147 |
---|
165 | | - | for the remainder of the unexpired term and until the appointment and qualification of a148 |
---|
166 | | - | successor. The members of the authority shall be reimbursed, upon submission of sworn149 |
---|
167 | | - | vouchers, for all actual expenses incurred in the performance of their duties out of funds150 |
---|
168 | | - | of the authority, with a maximum reimbursement of $100.00 per meeting for no more151 |
---|
169 | | - | than three meetings per month. The authority shall make rules and regulations for its own152 |
---|
170 | | - | government.153 |
---|
171 | | - | (3) To be eligible for appointment as a member of the authority, a person shall be at154 |
---|
172 | | - | least 21 years of age and shall not have been convicted of a felony.155 |
---|
173 | | - | (4) The members of the authority shall elect from their number a chairperson, vice156 |
---|
174 | | - | chairperson, secretary, and treasurer. The secretary may also serve as treasurer. Each of157 |
---|
175 | | - | such officers shall serve for a period of two years and until their successors are duly158 |
---|
176 | | - | elected. The chairperson of the authority shall be entitled to vote upon any issue, motion,159 |
---|
177 | | - | or resolution.160 |
---|
178 | | - | (c) The authority may create subcommittees as it deems appropriate. The authority may161 |
---|
179 | | - | appoint as members of the subcommittees such individuals from the community as the162 |
---|
180 | | - | authority deems appropriate, and such members do not have to be members of the163 |
---|
181 | | - | authority. The subcommittees shall serve in an advisory capacity to the authority. The164 |
---|
182 | | - | chairperson of the authority shall choose from among the members of each subcommittee165 |
---|
183 | | - | a person to serve as chairperson of that subcommittee. The chairpersons of the166 |
---|
184 | | - | subcommittees shall serve four-year terms and shall be eligible for reappointment.167 |
---|
185 | | - | (d) A majority of the members of the authority shall constitute a quorum. No vacancy on168 |
---|
186 | | - | the authority shall impair the right of the quorum to exercise all of the rights and perform169 |
---|
187 | | - | all of the duties of the authority.170 |
---|
188 | | - | (e) A vacancy on the authority shall exist in the office of any member of the authority who171 |
---|
189 | | - | is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted172 |
---|
| 162 | + | - 6 - 25 LC 62 0184S |
---|
| 163 | + | term of office resulted in such vacancy. A person appointed to fill a vacancy shall serve146 |
---|
| 164 | + | for the remainder of the unexpired term and until the appointment and qualification of a147 |
---|
| 165 | + | successor. The members of the authority shall be reimbursed, upon submission of sworn148 |
---|
| 166 | + | vouchers, for all actual expenses incurred in the performance of their duties out of funds149 |
---|
| 167 | + | of the authority, with a maximum reimbursement of $100.00 per meeting for no more150 |
---|
| 168 | + | than three meetings per month. The authority shall make rules and regulations for its own151 |
---|
| 169 | + | government.152 |
---|
| 170 | + | (3) To be eligible for appointment as a member of the authority, a person shall be at153 |
---|
| 171 | + | least 21 years of age and shall not have been convicted of a felony.154 |
---|
| 172 | + | (4) The members of the authority shall elect from their number a chairperson, vice155 |
---|
| 173 | + | chairperson, secretary, and treasurer. The secretary may also serve as treasurer. Each of156 |
---|
| 174 | + | such officers shall serve for a period of two years and until their successors are duly157 |
---|
| 175 | + | elected. The chairperson of the authority shall be entitled to vote upon any issue, motion,158 |
---|
| 176 | + | or resolution.159 |
---|
| 177 | + | (c) The authority may create subcommittees as it deems appropriate. The authority may160 |
---|
| 178 | + | appoint as members of the subcommittees such individuals from the community as the161 |
---|
| 179 | + | authority deems appropriate, and such members do not have to be members of the162 |
---|
| 180 | + | authority. The subcommittees shall serve in an advisory capacity to the authority. The163 |
---|
| 181 | + | chairperson of the authority shall choose from among the members of each subcommittee164 |
---|
| 182 | + | a person to serve as chairperson of that subcommittee. The chairpersons of the165 |
---|
| 183 | + | subcommittees shall serve four-year terms and shall be eligible for reappointment.166 |
---|
| 184 | + | (d) A majority of the members of the authority shall constitute a quorum. No vacancy on167 |
---|
| 185 | + | the authority shall impair the right of the quorum to exercise all of the rights and perform168 |
---|
| 186 | + | all of the duties of the authority.169 |
---|
| 187 | + | (e) A vacancy on the authority shall exist in the office of any member of the authority who170 |
---|
| 188 | + | is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted171 |
---|
| 189 | + | of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who172 |
---|
191 | | - | - 7 - 25 LC 62 0217S |
---|
192 | | - | of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who173 |
---|
193 | | - | is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties174 |
---|
194 | | - | as a member of the authority; or who fails to attend three consecutive regular meetings of175 |
---|
195 | | - | the authority without an excuse approved by a resolution of the authority.176 |
---|
196 | | - | (f) All meetings of the authority, regular or special, shall be open to the public.177 |
---|
197 | | - | (g) No member or employee of the authority shall have, directly or indirectly, any financial178 |
---|
198 | | - | interest, profit, or benefit in any contract, work, or business of the authority nor in the sale,179 |
---|
199 | | - | lease, or purchase of any property to or from the authority.180 |
---|
200 | | - | 50-8-313.181 |
---|
201 | | - | The general purpose of the authority is declared to be that of executing and administering182 |
---|
202 | | - | the reuse plan for the property formerly occupied by Central State Hospital; executing183 |
---|
203 | | - | economic development conveyances for such property formerly occupied by Central State184 |
---|
204 | | - | Hospital resulting from the closure or realignment of Central State Hospital so as to185 |
---|
205 | | - | ameliorate the impact of such closure or realignment on the communities and residents of186 |
---|
206 | | - | the City of Milledgeville and Baldwin County; extending and improving such projects;187 |
---|
207 | | - | acquiring the necessary property therefor, both real and personal, with the right to contract188 |
---|
208 | | - | for the use of or to lease or sell any or all of such facilities, including real property, to any189 |
---|
209 | | - | persons, firms, or corporations, whether public or private, if in the sole judgment of the190 |
---|
210 | | - | authority such use, lease, or sale supports the general purposes of the authority; and doing191 |
---|
211 | | - | all things deemed by the authority necessary, convenient, and desirable for and incident to192 |
---|
212 | | - | the efficient and proper development and operation of such type of undertakings.193 |
---|
213 | | - | 50-8-314.194 |
---|
214 | | - | (a) The authority shall have the power:195 |
---|
215 | | - | (1) To have a seal and alter the same at its pleasure;196 |
---|
| 191 | + | - 7 - 25 LC 62 0184S |
---|
| 192 | + | is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties173 |
---|
| 193 | + | as a member of the authority; or who fails to attend three consecutive regular meetings of174 |
---|
| 194 | + | the authority without an excuse approved by a resolution of the authority.175 |
---|
| 195 | + | (f) All meetings of the authority, regular or special, shall be open to the public.176 |
---|
| 196 | + | (g) No member or employee of the authority shall have, directly or indirectly, any financial177 |
---|
| 197 | + | interest, profit, or benefit in any contract, work, or business of the authority nor in the sale,178 |
---|
| 198 | + | lease, or purchase of any property to or from the authority.179 |
---|
| 199 | + | 50-8-313.180 |
---|
| 200 | + | The general purpose of the authority is declared to be that of executing and administering181 |
---|
| 201 | + | the reuse plan for the property formerly occupied by Central State Hospital; executing182 |
---|
| 202 | + | economic development conveyances for such property formerly occupied by Central State183 |
---|
| 203 | + | Hospital resulting from the closure or realignment of Central State Hospital so as to184 |
---|
| 204 | + | ameliorate the impact of such closure or realignment on the communities and residents of185 |
---|
| 205 | + | the City of Milledgeville and Baldwin County; extending and improving such projects;186 |
---|
| 206 | + | acquiring the necessary property therefor, both real and personal, with the right to contract187 |
---|
| 207 | + | for the use of or to lease or sell any or all of such facilities, including real property, to any188 |
---|
| 208 | + | persons, firms, or corporations, whether public or private, if in the sole judgment of the189 |
---|
| 209 | + | authority such use, lease, or sale supports the general purposes of the authority; and doing190 |
---|
| 210 | + | all things deemed by the authority necessary, convenient, and desirable for and incident to191 |
---|
| 211 | + | the efficient and proper development and operation of such type of undertakings.192 |
---|
| 212 | + | 50-8-314.193 |
---|
| 213 | + | (a) The authority shall have the power:194 |
---|
| 214 | + | (1) To have a seal and alter the same at its pleasure;195 |
---|
| 215 | + | (2) To acquire by purchase, lease, or otherwise, including acquisition of land from the196 |
---|
| 216 | + | state government, and to hold, lease, and dispose of real and personal property of every197 |
---|
217 | | - | - 8 - 25 LC 62 0217S |
---|
218 | | - | (2) To acquire by purchase, lease, or otherwise, including acquisition of land from the197 |
---|
219 | | - | state government, and to hold, lease, and dispose of real and personal property of every198 |
---|
220 | | - | kind and character for its corporate purpose and to plan, acquire, establish, develop,199 |
---|
221 | | - | construct, enlarge, improve, maintain, equip, and lease all projects which shall come200 |
---|
222 | | - | under the control of the authority under the provisions of this article or which it may201 |
---|
223 | | - | acquire or plan to acquire; to regulate, protect, and police such projects and all related202 |
---|
224 | | - | activities and facilities; to enter into any contracts, leases, or other charges for the use of203 |
---|
225 | | - | property or services of the authority and collect and use the same as necessary to operate204 |
---|
226 | | - | the projects under control of the authority; and to accomplish any of the purposes of this205 |
---|
227 | | - | article and make any purchases or sales necessary for such purposes;206 |
---|
228 | | - | (3) To acquire in its own name by purchase, on such terms and conditions and in such207 |
---|
229 | | - | manner as it may deem proper, real property, or rights or easements therein, or franchises208 |
---|
230 | | - | necessary or convenient for its corporate purpose, and to use the same so long as its209 |
---|
231 | | - | corporate existence shall continue, and to lease or make contracts with respect to the use210 |
---|
232 | | - | of such property, or dispose of the same in any manner it deems to be to the best211 |
---|
233 | | - | advantage of the authority;212 |
---|
234 | | - | (4) To appoint, select, and employ officers, agents, and employees, including real estate,213 |
---|
235 | | - | environmental, engineering, architectural, and construction experts; fiscal agents; and214 |
---|
236 | | - | attorneys, and to fix their respective compensations;215 |
---|
237 | | - | (5) To make contracts and leases and to execute all instruments necessary or convenient,216 |
---|
238 | | - | including contracts for construction of projects and leases of projects or contracts with217 |
---|
239 | | - | respect to the use of projects which it causes to be constructed, erected, or acquired. Any218 |
---|
240 | | - | and all persons, firms, and corporations and any and all political subdivisions,219 |
---|
241 | | - | departments, institutions, or agencies of the state and federal government are authorized220 |
---|
242 | | - | to enter into contracts, leases, or agreements with the authority upon such terms and for221 |
---|
243 | | - | such purposes as they deem advisable; and, without limiting the generality of the222 |
---|
244 | | - | foregoing, authority is specifically granted to municipal corporations, counties, political223 |
---|
| 218 | + | - 8 - 25 LC 62 0184S |
---|
| 219 | + | kind and character for its corporate purpose and to plan, acquire, establish, develop,198 |
---|
| 220 | + | construct, enlarge, improve, maintain, equip, and lease all projects which shall come199 |
---|
| 221 | + | under the control of the authority under the provisions of this article or which it may200 |
---|
| 222 | + | acquire or plan to acquire; to regulate, protect, and police such projects and all related201 |
---|
| 223 | + | activities and facilities; to enter into any contracts, leases, or other charges for the use of202 |
---|
| 224 | + | property or services of the authority and collect and use the same as necessary to operate203 |
---|
| 225 | + | the projects under control of the authority; and to accomplish any of the purposes of this204 |
---|
| 226 | + | article and make any purchases or sales necessary for such purposes;205 |
---|
| 227 | + | (3) To acquire in its own name by purchase, on such terms and conditions and in such206 |
---|
| 228 | + | manner as it may deem proper, real property, or rights or easements therein, or franchises207 |
---|
| 229 | + | necessary or convenient for its corporate purpose, and to use the same so long as its208 |
---|
| 230 | + | corporate existence shall continue, and to lease or make contracts with respect to the use209 |
---|
| 231 | + | of such property, or dispose of the same in any manner it deems to be to the best210 |
---|
| 232 | + | advantage of the authority;211 |
---|
| 233 | + | (4) To appoint, select, and employ officers, agents, and employees, including real estate,212 |
---|
| 234 | + | environmental, engineering, architectural, and construction experts; fiscal agents; and213 |
---|
| 235 | + | attorneys, and to fix their respective compensations;214 |
---|
| 236 | + | (5) To make contracts and leases and to execute all instruments necessary or convenient,215 |
---|
| 237 | + | including contracts for construction of projects and leases of projects or contracts with216 |
---|
| 238 | + | respect to the use of projects which it causes to be constructed, erected, or acquired. Any217 |
---|
| 239 | + | and all persons, firms, and corporations and any and all political subdivisions,218 |
---|
| 240 | + | departments, institutions, or agencies of the state and federal government are authorized219 |
---|
| 241 | + | to enter into contracts, leases, or agreements with the authority upon such terms and for220 |
---|
| 242 | + | such purposes as they deem advisable; and, without limiting the generality of the221 |
---|
| 243 | + | foregoing, authority is specifically granted to municipal corporations, counties, political222 |
---|
| 244 | + | subdivisions, and the authority relative to entering into contracts, lease agreements, or223 |
---|
| 245 | + | other undertakings authorized between the authority and private corporations, both inside224 |
---|
246 | | - | - 9 - 25 LC 62 0217S |
---|
247 | | - | subdivisions, and the authority relative to entering into contracts, lease agreements, or224 |
---|
248 | | - | other undertakings authorized between the authority and private corporations, both inside225 |
---|
249 | | - | and outside this state, and between the authority and public bodies, including counties226 |
---|
250 | | - | and cities outside this state and the federal government;227 |
---|
251 | | - | (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve,228 |
---|
252 | | - | equip, operate, and manage projects, the cost of the project to be paid in whole or in part229 |
---|
253 | | - | from the proceeds of revenue bonds of the authority or from such proceeds and any grant230 |
---|
254 | | - | or contribution from the United States of America or any agency or instrumentality231 |
---|
255 | | - | thereof or from the State of Georgia or any agency or instrumentality thereof;232 |
---|
256 | | - | (7) To accept loans and grants of money or materials or property of any kind from the233 |
---|
257 | | - | United States of America or any agency or instrumentality thereof upon such terms and234 |
---|
258 | | - | conditions as the United States of America or such agency or instrumentality may235 |
---|
259 | | - | require;236 |
---|
260 | | - | (8) To accept loans and grants of money or materials or property of any kind from the237 |
---|
261 | | - | State of Georgia or any agency or instrumentality or political subdivision thereof upon238 |
---|
262 | | - | such terms and conditions as the State of Georgia or such agency or instrumentality or239 |
---|
263 | | - | political subdivision may require;240 |
---|
264 | | - | (9) To borrow money for any of its corporate purposes and to issue negotiable revenue241 |
---|
265 | | - | bonds payable solely from funds pledged for the purpose and to provide for the payment242 |
---|
266 | | - | of the same and for the rights of the holders thereof;243 |
---|
267 | | - | (10) To exercise any power usually possessed by private corporations performing similar244 |
---|
268 | | - | functions, including the power to make short-term loans and approve, execute, and245 |
---|
269 | | - | deliver appropriate evidence of such indebtedness, provided that no such power is in246 |
---|
270 | | - | conflict with the Constitution or general laws of this state;247 |
---|
271 | | - | (11) To encourage and facilitate job training and housing rehabilitation programs for248 |
---|
272 | | - | residents surrounding Central State Hospital; and249 |
---|
| 247 | + | - 9 - 25 LC 62 0184S |
---|
| 248 | + | and outside this state, and between the authority and public bodies, including counties225 |
---|
| 249 | + | and cities outside this state and the federal government;226 |
---|
| 250 | + | (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve,227 |
---|
| 251 | + | equip, operate, and manage projects, the cost of the project to be paid in whole or in part228 |
---|
| 252 | + | from the proceeds of revenue bonds of the authority or from such proceeds and any grant229 |
---|
| 253 | + | or contribution from the United States of America or any agency or instrumentality230 |
---|
| 254 | + | thereof or from the State of Georgia or any agency or instrumentality thereof;231 |
---|
| 255 | + | (7) To accept loans and grants of money or materials or property of any kind from the232 |
---|
| 256 | + | United States of America or any agency or instrumentality thereof upon such terms and233 |
---|
| 257 | + | conditions as the United States of America or such agency or instrumentality may234 |
---|
| 258 | + | require;235 |
---|
| 259 | + | (8) To accept loans and grants of money or materials or property of any kind from the236 |
---|
| 260 | + | State of Georgia or any agency or instrumentality or political subdivision thereof upon237 |
---|
| 261 | + | such terms and conditions as the State of Georgia or such agency or instrumentality or238 |
---|
| 262 | + | political subdivision may require;239 |
---|
| 263 | + | (9) To borrow money for any of its corporate purposes and to issue negotiable revenue240 |
---|
| 264 | + | bonds payable solely from funds pledged for the purpose and to provide for the payment241 |
---|
| 265 | + | of the same and for the rights of the holders thereof;242 |
---|
| 266 | + | (10) To exercise any power usually possessed by private corporations performing similar243 |
---|
| 267 | + | functions, including the power to make short-term loans and approve, execute, and244 |
---|
| 268 | + | deliver appropriate evidence of such indebtedness, provided that no such power is in245 |
---|
| 269 | + | conflict with the Constitution or general laws of this state;246 |
---|
| 270 | + | (11) To encourage and facilitate job training and housing rehabilitation programs for247 |
---|
| 271 | + | residents surrounding Central State Hospital; and248 |
---|
| 272 | + | (12) To do all things necessary or convenient to carry out the powers expressly given in249 |
---|
| 273 | + | this article.250 |
---|
274 | | - | - 10 - 25 LC 62 0217S |
---|
275 | | - | (12) To do all things necessary or convenient to carry out the powers expressly given in250 |
---|
276 | | - | this article.251 |
---|
277 | | - | (b) The authority shall be assigned for administrative purposes to the department as252 |
---|
278 | | - | provided for in Code Section 50-4-3.253 |
---|
279 | | - | (c) The Attorney General shall provide legal services for the authority in the same manner254 |
---|
280 | | - | provided for in Code Sections 45-15-13 through 45-15-16.255 |
---|
281 | | - | 50-8-315.256 |
---|
282 | | - | The authority, or any authority or body which had or which may in the future succeed to257 |
---|
283 | | - | the powers, duties, and liabilities vested in the authority created by this article, is258 |
---|
284 | | - | authorized to provide by resolution for the issuance of negotiable revenue bonds of the259 |
---|
285 | | - | authority for the purpose of paying all or any part of the cost of the project of any one or260 |
---|
286 | | - | more projects. The authority shall comply with Article 3 of Chapter 82 of Title 36, the261 |
---|
287 | | - | 'Revenue Bond Law,' when issuing bonds.262 |
---|
288 | | - | 50-8-316.263 |
---|
289 | | - | (a) Each year the authority shall have made an independent audit and examination of the264 |
---|
290 | | - | authority's financial records and transactions. Such audit shall be made in accordance with265 |
---|
291 | | - | established national audit and accounting standards. Such audit shall be made on or before266 |
---|
292 | | - | the one hundred-eightieth day following the end of the authority's fiscal year. Copies of267 |
---|
293 | | - | such audit shall be available for public review and provided to the state auditor.268 |
---|
294 | | - | (b) Annual audit reports of the authority shall contain at least:269 |
---|
295 | | - | (1) Financial statements prepared in conformity with generally accepted national270 |
---|
296 | | - | accounting principles, setting forth the financial condition and results of operation of each271 |
---|
297 | | - | fund and activity of the authority; and272 |
---|
298 | | - | (2) The opinion of the performing auditor with respect to the financial statement in273 |
---|
299 | | - | addition to an explanation of any qualification or disclaimers contained in the opinion. 274 |
---|
| 275 | + | - 10 - 25 LC 62 0184S |
---|
| 276 | + | (b) The authority shall be assigned for administrative purposes to the department as251 |
---|
| 277 | + | provided for in Code Section 50-4-3.252 |
---|
| 278 | + | (c) The Attorney General shall provide legal services for the authority in the same manner253 |
---|
| 279 | + | provided for in Code Sections 45-15-13 through 45-15-16.254 |
---|
| 280 | + | 50-8-315.255 |
---|
| 281 | + | The authority, or any authority or body which had or which may in the future succeed to256 |
---|
| 282 | + | the powers, duties, and liabilities vested in the authority created by this article, is257 |
---|
| 283 | + | authorized to provide by resolution for the issuance of negotiable revenue bonds of the258 |
---|
| 284 | + | authority for the purpose of paying all or any part of the cost of the project of any one or259 |
---|
| 285 | + | more projects. The authority shall comply with Article 3 of Chapter 82 of Title 36, the260 |
---|
| 286 | + | 'Revenue Bond Law,' when issuing bonds.261 |
---|
| 287 | + | 50-8-316.262 |
---|
| 288 | + | (a) Each year the authority shall have made an independent audit and examination of the263 |
---|
| 289 | + | authority's financial records and transactions. Such audit shall be made in accordance with264 |
---|
| 290 | + | established national audit and accounting standards. Such audit shall be made on or before265 |
---|
| 291 | + | the one hundred-eightieth day following the end of the authority's fiscal year. Copies of266 |
---|
| 292 | + | such audit shall be available for public review and provided to the state auditor.267 |
---|
| 293 | + | (b) Annual audit reports of the authority shall contain at least:268 |
---|
| 294 | + | (1) Financial statements prepared in conformity with generally accepted national269 |
---|
| 295 | + | accounting principles, setting forth the financial condition and results of operation of each270 |
---|
| 296 | + | fund and activity of the authority; and271 |
---|
| 297 | + | (2) The opinion of the performing auditor with respect to the financial statement in272 |
---|
| 298 | + | addition to an explanation of any qualification or disclaimers contained in the opinion. 273 |
---|
| 299 | + | Such opinion shall also disclose, in accordance with generally accepted national auditing274 |
---|
| 300 | + | standards, any apparent or material violation of state law discovered during the audit.275 |
---|
301 | | - | - 11 - 25 LC 62 0217S |
---|
302 | | - | Such opinion shall also disclose, in accordance with generally accepted national auditing275 |
---|
303 | | - | standards, any apparent or material violation of state law discovered during the audit.276 |
---|
304 | | - | (c) The authority shall forward to the state auditor written comments on the findings and277 |
---|
305 | | - | recommendations in the report, including a plan for corrective action taken or planned and278 |
---|
306 | | - | comments on the status of the corrective action taken on prior findings.279 |
---|
307 | | - | (d) The state auditor shall review the audit report and written comments submitted to the280 |
---|
308 | | - | auditor's office to ensure that it conforms with generally accepted national auditing281 |
---|
309 | | - | principles. After review, the state auditor shall submit to the authority a list of deficiencies282 |
---|
310 | | - | to be corrected.283 |
---|
311 | | - | (e) Upon failure, refusal, or neglecting to have an annual audit made; a failure to file a284 |
---|
312 | | - | copy of the audit report with the state auditor; or a failure to correct auditing deficiencies285 |
---|
313 | | - | noted by the state auditor, the state auditor shall cause a prominent notice to be published286 |
---|
314 | | - | in the legal organ of Baldwin County and in any other newspapers of general circulation287 |
---|
315 | | - | within the City of Milledgeville. Such notice shall be a prominently displayed288 |
---|
316 | | - | advertisement or news article and shall not be placed in the section of the newspaper where289 |
---|
317 | | - | legal notices appear. Such notice shall be published twice and shall state that the authority290 |
---|
318 | | - | has failed, refused, or neglected, as the case may be, to have an annual audit made, to file291 |
---|
319 | | - | an audit report, or to correct auditing deficiencies, as the case may be, for the fiscal year292 |
---|
320 | | - | or years in question. The notice shall further state that such failure, refusal, or neglect is293 |
---|
321 | | - | a violation of law.294 |
---|
322 | | - | 50-8-317.295 |
---|
323 | | - | It shall be the duty of the authority to prescribe rules and regulations for the operation of296 |
---|
324 | | - | the project or projects constructed or acquired under the provisions of this article.297 |
---|
| 302 | + | - 11 - 25 LC 62 0184S |
---|
| 303 | + | (c) The authority shall forward to the state auditor written comments on the findings and276 |
---|
| 304 | + | recommendations in the report, including a plan for corrective action taken or planned and277 |
---|
| 305 | + | comments on the status of the corrective action taken on prior findings.278 |
---|
| 306 | + | (d) The state auditor shall review the audit report and written comments submitted to the279 |
---|
| 307 | + | auditor's office to ensure that it conforms with generally accepted national auditing280 |
---|
| 308 | + | principles. After review, the state auditor shall submit to the authority a list of deficiencies281 |
---|
| 309 | + | to be corrected.282 |
---|
| 310 | + | (e) Upon failure, refusal, or neglecting to have an annual audit made; a failure to file a283 |
---|
| 311 | + | copy of the audit report with the state auditor; or a failure to correct auditing deficiencies284 |
---|
| 312 | + | noted by the state auditor, the state auditor shall cause a prominent notice to be published285 |
---|
| 313 | + | in the legal organ of Baldwin County and in any other newspapers of general circulation286 |
---|
| 314 | + | within the City of Milledgeville. Such notice shall be a prominently displayed287 |
---|
| 315 | + | advertisement or news article and shall not be placed in the section of the newspaper where288 |
---|
| 316 | + | legal notices appear. Such notice shall be published twice and shall state that the authority289 |
---|
| 317 | + | has failed, refused, or neglected, as the case may be, to have an annual audit made, to file290 |
---|
| 318 | + | an audit report, or to correct auditing deficiencies, as the case may be, for the fiscal year291 |
---|
| 319 | + | or years in question. The notice shall further state that such failure, refusal, or neglect is292 |
---|
| 320 | + | a violation of law.293 |
---|
| 321 | + | 50-8-317.294 |
---|
| 322 | + | It shall be the duty of the authority to prescribe rules and regulations for the operation of295 |
---|
| 323 | + | the project or projects constructed or acquired under the provisions of this article.296 |
---|
| 324 | + | 50-8-318.297 |
---|
| 325 | + | It is found, determined, and declared that the creation of the authority and the carrying out298 |
---|
| 326 | + | of its corporate purpose is in all respects for the benefit of the people of this state; that the299 |
---|
| 327 | + | authority is an institution of purely public charity and will be performing an essential300 |
---|
326 | | - | - 12 - 25 LC 62 0217S |
---|
327 | | - | 50-8-318.298 |
---|
328 | | - | It is found, determined, and declared that the creation of the authority and the carrying out299 |
---|
329 | | - | of its corporate purpose is in all respects for the benefit of the people of this state; that the300 |
---|
330 | | - | authority is an institution of purely public charity and will be performing an essential301 |
---|
331 | | - | governmental function in the exercise of the power conferred upon it by this article; that302 |
---|
332 | | - | this state covenants with the holders of the bonds; that the authority shall not be required303 |
---|
333 | | - | to pay any taxes or assessments upon any of the property acquired or leased by it or under304 |
---|
334 | | - | its jurisdiction, control, possession, or supervision or upon its activities in the operation or305 |
---|
335 | | - | maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the306 |
---|
336 | | - | use of such projects or other income received by the authority; and that the bonds of the307 |
---|
337 | | - | authority, their transfer, and the income therefrom shall at all times be exempt from308 |
---|
338 | | - | taxation within this state. The exemption from taxation provided for in this Code section309 |
---|
339 | | - | shall not extend to tenants or lessees of the authority and shall not include exemptions from310 |
---|
340 | | - | sales and use taxes on property purchased by the authority or for use by the authority.311 |
---|
341 | | - | 50-8-319.312 |
---|
342 | | - | This article shall be regarded as supplemental and additional to powers conferred by other313 |
---|
343 | | - | laws, and shall not be regarded as in derogation of any powers now existing.314 |
---|
344 | | - | 50-8-320.315 |
---|
345 | | - | Any action to protect or enforce any rights under this article shall be brought in the316 |
---|
346 | | - | Superior Court of Baldwin County.317 |
---|
347 | | - | 50-8-321.318 |
---|
348 | | - | The property of the authority shall not be subject to levy and sale under legal process.319 |
---|
| 329 | + | - 12 - 25 LC 62 0184S |
---|
| 330 | + | governmental function in the exercise of the power conferred upon it by this article; that301 |
---|
| 331 | + | this state covenants with the holders of the bonds; that the authority shall not be required302 |
---|
| 332 | + | to pay any taxes or assessments upon any of the property acquired or leased by it or under303 |
---|
| 333 | + | its jurisdiction, control, possession, or supervision or upon its activities in the operation or304 |
---|
| 334 | + | maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the305 |
---|
| 335 | + | use of such projects or other income received by the authority; and that the bonds of the306 |
---|
| 336 | + | authority, their transfer, and the income therefrom shall at all times be exempt from307 |
---|
| 337 | + | taxation within this state. The exemption from taxation provided for in this Code section308 |
---|
| 338 | + | shall not extend to tenants or lessees of the authority and shall not include exemptions from309 |
---|
| 339 | + | sales and use taxes on property purchased by the authority or for use by the authority.310 |
---|
| 340 | + | 50-8-319.311 |
---|
| 341 | + | This article shall be regarded as supplemental and additional to powers conferred by other312 |
---|
| 342 | + | laws, and shall not be regarded as in derogation of any powers now existing.313 |
---|
| 343 | + | 50-8-320.314 |
---|
| 344 | + | Any action to protect or enforce any rights under this article shall be brought in the315 |
---|
| 345 | + | Superior Court of Baldwin County.316 |
---|
| 346 | + | 50-8-321.317 |
---|
| 347 | + | The property of the authority shall not be subject to levy and sale under legal process.318 |
---|
| 348 | + | 50-8-322.319 |
---|
| 349 | + | All funds received by the authority pursuant to this article, whether as revenue, rents, fees,320 |
---|
| 350 | + | charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be321 |
---|
| 351 | + | trust funds held and applied by the authority solely as provided in this article.322 |
---|
350 | | - | - 13 - 25 LC 62 0217S |
---|
351 | | - | 50-8-322.320 |
---|
352 | | - | All funds received by the authority pursuant to this article, whether as revenue, rents, fees,321 |
---|
353 | | - | charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be322 |
---|
354 | | - | trust funds held and applied by the authority solely as provided in this article.323 |
---|
355 | | - | 50-8-323.324 |
---|
356 | | - | This article shall be liberally construed to effect the purposes of this article.325 |
---|
357 | | - | 50-8-324.326 |
---|
358 | | - | (a) Should the authority for any reason be dissolved, title to all property of any kind and327 |
---|
359 | | - | nature, real and personal, held by the authority at the time of such dissolution shall be328 |
---|
360 | | - | conveyed to the State of Georgia; or title to any such property may be conveyed prior to329 |
---|
361 | | - | such dissolution in accordance with provisions which may be made therefor in any330 |
---|
362 | | - | resolution or trust instrument relating to such property, subject to any liens, leases, or other331 |
---|
363 | | - | encumbrances outstanding against or in respect to such property at the time of such332 |
---|
364 | | - | conveyance.333 |
---|
365 | | - | (b) All powers, duties, assets, real and personal property, liabilities, and indebtedness of334 |
---|
366 | | - | the Central State Hospital Local Redevelopment Authority created by an Act to create the335 |
---|
367 | | - | Central State Hospital Local Redevelopment Authority, approved February 29, 2012 (Ga.336 |
---|
368 | | - | L. 2012, p. 3837), as amended, are transferred to the authority. The authority shall be the337 |
---|
369 | | - | successor to the Central State Hospital Local Redevelopment Authority in all contracts338 |
---|
370 | | - | entered into by the Central State Hospital Local Redevelopment Authority which are in339 |
---|
371 | | - | existence on the effective date of this Act and to all accounts of and debts owed to the340 |
---|
372 | | - | Central State Hospital Local Redevelopment Authority that are outstanding on the effective341 |
---|
373 | | - | date of this Act."342 |
---|
| 353 | + | - 13 - 25 LC 62 0184S |
---|
| 354 | + | 50-8-323.323 |
---|
| 355 | + | This article shall be liberally construed to effect the purposes of this article.324 |
---|
| 356 | + | 50-8-324.325 |
---|
| 357 | + | (a) Should the authority for any reason be dissolved, title to all property of any kind and326 |
---|
| 358 | + | nature, real and personal, held by the authority at the time of such dissolution shall be327 |
---|
| 359 | + | conveyed to the State of Georgia; or title to any such property may be conveyed prior to328 |
---|
| 360 | + | such dissolution in accordance with provisions which may be made therefor in any329 |
---|
| 361 | + | resolution or trust instrument relating to such property, subject to any liens, leases, or other330 |
---|
| 362 | + | encumbrances outstanding against or in respect to such property at the time of such331 |
---|
| 363 | + | conveyance.332 |
---|
| 364 | + | (b) All powers, duties, assets, real and personal property, liabilities, and indebtedness of333 |
---|
| 365 | + | the Central State Hospital Local Redevelopment Authority created by an Act to create the334 |
---|
| 366 | + | Central State Hospital Local Redevelopment Authority, approved February 29, 2012 (Ga.335 |
---|
| 367 | + | L. 2012, p. 3837), as amended, are transferred to the authority. The authority shall be the336 |
---|
| 368 | + | successor to the Central State Hospital Local Redevelopment Authority in all contracts337 |
---|
| 369 | + | entered into by the Central State Hospital Local Redevelopment Authority which are in338 |
---|
| 370 | + | existence on the effective date of this Act and to all accounts of and debts owed to the339 |
---|
| 371 | + | Central State Hospital Local Redevelopment Authority that are outstanding on the effective340 |
---|
| 372 | + | date of this Act."341 |
---|
| 373 | + | SECTION 2.342 |
---|
| 374 | + | This Act shall become effective upon its approval by the Governor or upon its becoming law343 |
---|
| 375 | + | without such approval.344 |
---|
| 376 | + | SECTION 3.345 |
---|
| 377 | + | All laws and parts of laws in conflict with this Act are repealed.346 |
---|