TITLE 50
STATE GOVERNMENT
ARTICLE 1
GENERAL PROVISIONS
50-9-2. Definitions.
As used in this article and Article 2 of this chapter, the term:
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"Authority" means the Georgia Building Authority, the same being formerly known as the "State Office Building Authority." The change in the name of the authority shall not affect the rights, powers, privileges, or liabilities of the authority or of any person under the provisions of this article and Article 2 of this chapter.
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"Bonds" or "revenue bonds" means any bonds issued by the authority under this article and Article 2 of this chapter including refunding bonds.
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"Cost of the project" means the cost of construction; the cost of all lands, properties, rights and easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under Article 2 of this chapter for such project.
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"Project" means and includes one or a combination of two or more of the following: buildings and facilities intended for use as offices and related uses and all structures, including electric, gas, steam, and water utilities and facilities of every kind and character deemed by the authority necessary or convenient for the efficient operation of any department, board, commission, or agency of the state. Without limiting the foregoing and without further determination of necessity or convenience, the word "project" also means and includes public parks and public parking facilities adjacent to the state capitol other than the facilities within or connected to state owned or state leased buildings; a parking facility on the "Old Incinerator" site acquired in 1983 by the State of Georgia from the City of Atlanta in Fulton County, Georgia; an executive mansion and buildings, structures, and facilities of every kind and character for use in conjunction with the mansion regardless of whether the buildings, structures, and facilities are physically connected with such mansion; and a Department of Transportation laboratory and buildings, structures, and facilities of every kind and character for use in conjunction with the laboratory, regardless of whether the buildings, structures, and facilities are physically connected with the laboratory, provided that the buildings, structures, and facilities are built and constructed on property owned by the Department of Transportation at Forest Park, Georgia.
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"Self-liquidating project" means any project or combination of projects if, in the judgment of the authority, the revenues to be derived by the authority from rentals of the project or projects will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of the project, projects, or combination projects.
(Ga. L. 1951, p. 699, § 3; Ga. L. 1953, Jan.-Feb. Sess., p. 355, § 1; Ga. L. 1961, p. 587, §§ 1, 2; Ga. L. 1962, p. 660, § 1; Ga. L. 1964, p. 108, § 1; Ga. L. 1966, p. 205, § 1; Ga. L. 1967, p. 856, § 3; Ga. L. 1982, p. 3, § 50; Ga. L. 1985, p. 224, § 1; Ga. L. 2002, p. 1427, § 1; Ga. L. 2005, p. 100, § 2/SB 158.)
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 1986, in paragraph (4), in the first sentence a comma was inserted following "steam", and in the second sentence hyphens were deleted between "state" and "owned" and between "state" and "leased" and a comma was inserted preceding "provided that".
Law reviews.
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For article, "Public Authorities: Legislative Panacea?," see 5 J. of Pub. L. 387 (1956).
For note, "The Legal Nature of Public Purpose Authorities: Governmental, Private, or Neither," see 8 Ga. L. Rev. 680 (1974).
JUDICIAL DECISIONS
Purpose of authority.
- Building authority was created for the purpose of erecting buildings and other facilities to house agents and officials of the state government. McDevitt & St. Co. v. Georgia Bldg. Auth., 343 F. Supp. 1238 (N.D. Ga. 1972).
Georgia Building Authority is arm or alter ego of state.
McDevitt & St. Co. v. Georgia Bldg. Auth., 343 F. Supp. 1238 (N.D. Ga. 1972).