Title 12, Chapter 3, Section 235
( 12-3-235)
The authority shall have power: (1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of personal property for its
corporate purposes; (3) To sell, by competitive bids, and dispose of all junk,
salvage, and surplus materials, together with all obsolete,
unused, or surplus machinery or equipment now or in the future
upon or affixed to its leasehold property; and to apply the
proceeds therefrom to permanent improvements on the island; (4) To appoint and select officers, agents, and employees,
including engineering, architectural, and construction experts and
attorneys, and to fix their compensation; (5) To make contracts, and to execute all instruments necessary or
convenient, including contracts for construction of projects or
contracts with respect to the leasing or use of projects which it
causes to be subdivided, erected, or acquired; (6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned or leased by the authority, the cost of any such project to be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any grant from the United States or any agency or instrumentality thereof, or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreational Authorities Overview Committee; (7) To accept loans and grants, either or both, of money or
materials or property of any kind from the United States or any
agency or instrumentality thereof, including the Department of
Housing and Urban Development, upon such terms and conditions as
the United States or such agency or instrumentality, including the
Department of Housing and Urban Development, may impose; (8) To borrow money for any of its corporate purposes, to issue
negotiable revenue anticipation certificates from earnings of such
projects, and to provide for the payment of the same and for the
rights of the holders thereof; (9) To exercise any power usually possessed by private
corporations performing similar functions, which power is not in
conflict with the Constitution and laws of this state; (10) To act as agent for the United States or any agency,
department, corporation, or instrumentality thereof, in any manner
coming within the purposes or powers of the authority;
(11) To adopt, alter, or repeal its own bylaws, rules, and
regulations governing the manner in which its business may be
transacted and in which the power granted to it may be enjoyed, as
the authority may deem necessary or expedient in facilitating its
business; (12) To receive gifts, donations, or contributions from any
person, firm, or corporation; (13) To hold, use, administer, and expend, for any of the purposes
of the authority, such sum or sums as may hereafter be received as
income or as gifts or as may be appropriated by authority of the
General Assembly; (14) To do any other things necessary or proper to beautify,
improve, and render self-supporting the island park, to make its
facilities available to people of average income, and to advertise
its beauties to the world; (15) To acquire in its own name, by purchase, on such terms and
conditions and in such manner as it may deem proper, or by
condemnation in accordance with any and all existing laws
applicable to the condemnation of property for public use, real
property or rights of easement therein or franchises necessary or
convenient for its corporate purposes, and to use the same so long
as its corporate existence shall continue, and to lease or make
contracts with respect to the use of or dispose of the same in any
manner it deems to be the best advantage of the authority, the
authority being under no obligation to accept and pay for any
property condemned under this part except from the funds provided
under the authority of this part; and in any proceedings to
condemn, such orders may be made by the court having jurisdiction
of the suit, action, or proceeding as may be just to the authority
and to the owners of the property to be condemned; and no property
shall be acquired under this part upon which any lien or other
encumbrance exists, unless at the time such property is so
acquired a sufficient sum of money is deposited in trust to pay
and redeem the fair value of such lien or encumbrance; and if the
authority shall deem it expedient to construct any project on
lands which are a part of the real estate holdings of the State of
Georgia, the Governor is authorized to execute, for and on behalf
of the state, a lease upon such lands to the authority for such
parcel or parcels as shall be needed for a period not to exceed 50
years; and if the authority shall deem it expedient to construct
any project on any other lands, the title to which shall then be
in the State of Georgia, the Governor is authorized to convey, for
and in behalf of the state, title to such lands to the authority; (16) To acquire by purchase, lease, or otherwise, and to hold,
lease, and dispose of, real and personal property of every kind
and character for its corporate purposes; (17) To make contracts and leases, and to execute all instruments
necessary or convenient, including contracts for construction of
projects and leases of projects or contracts with respect to the
use of projects which it causes to be erected or acquired; and any
and all political subdivisions, departments, institutions, or
agencies of the state are authorized to enter into contracts,
leases, or agreements with the authority, upon such terms and for
such purposes as they deem advisable; and without limiting the
generality of the above, authority is specifically granted to any
department, board, commission, or agency of the State of Georgia
to enter into contracts and lease agreements for the use of any
structure, building, or facility, or a combination of any two or
more structures, buildings, or facilities, of the authority for a
term not exceeding 50 years; and any department, board,
commission, or agency of the State of Georgia may obligate itself
to pay an agreed sum for the use of such property so leased and
also to obligate itself as part of the lease contract to pay the
cost of maintaining, repairing, and operating the property so
leased from the authority; (18) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States, the State of Georgia, or any agency or instrumentality thereof; (19) To borrow money for any of its corporate purposes, to issue
negotiable revenue bonds payable solely from funds pledged for
that purpose, and to provide for the payment of the same and for
the rights of the holders thereof; (20) To grant franchises to and make contracts with utility
companies, both public and private, providing electric light or
power, gas, steam heat, telephone, telegraph, cable, television,
water, or sewerage services, for the use and occupancy of Jekyll
Island or any part thereof, on an exclusive or nonexclusive basis;
to permit the rendering of such utility services upon such
conditions and for such time as the authority may deem appropriate
or convenient; (21) To do all things necessary or convenient to carry out the
powers expressly given in this part; and to do any and all other
acts and things which this part authorizes or requires to be done,
whether or not included in the general powers mentioned in this
Code section; (22) To provide and operate, at the discretion of the authority, a fire department which shall have the powers of a fire department of a county, municipality, or other political subdivision set forth in Chapter 3 of Title 25 and to exercise the powers of a county, municipality, or other political subdivision set forth in Code Section 25-3-4; and Code Section 25-2-38.1 shall be applicable to the authority and any fire department of the authority in the provision of fire protection and suppression services provided; (22.1) To sell, upon obtaining a license from the Department of
Revenue, alcoholic beverages for consumption on the premises only
upon property operated and controlled by the authority and located
within the territorial limits of Jekyll Island, Georgia; and (23) To charge fees to all persons, natural and artificial, using
or relying upon fire protection and suppression services or public
safety services provided by the authority or the Uniform Division
of the Department of Public Safety, which fees and each
installment thereof and the interest thereon shall be liens
against each tract of land benefited by the fire protection and
suppression services or public safety services so provided from
the date each such fee is charged until fully paid; and such liens
shall be superior to all other liens, except liens for state and
county taxes and taxes levied for any and all school purposes, and
shall be collected by officers designated by the authority in the
same manner as state and county taxes are collected. The annual
amount of any fee charged to any person, natural or artificial, or
upon any property owned or leased by any such person under this
paragraph shall not exceed the annual amount which would be levied
for such services by the County of Glynn in the form of ad valorem
taxes if such services had been provided by the County of Glynn. |