Title 12, Chapter 3, Section 3
( 12-3-3)
(a) As used in this Code section, the term: (1) "Governing authority of a county" means the county
commissioner, board of county commissioners, judge of the probate
court, or other person or body of persons at the time entrusted by
law with the administration of the fiscal affairs of any county. (2) "Governing authority of a municipality" means the council,
board of aldermen, or other person or body of persons at the time
entrusted by law with the administration of the fiscal affairs of
any municipal corporation. (3) "Project" means the acquiring, constructing, equipping,
maintaining, operating, managing, and promoting of recreation and
accommodation and tourist facilities and services, including, but
not limited to, recreation centers, outdoor recreation experiment
stations, playgrounds, parks, marinas, swimming and wading pools,
lakes, golf courses, tennis courts, athletic fields and courts,
club houses, gymnasiums, museums, convention halls, pageants,
auditoriums, stables, restaurants, hotels, motels, hunting and
fishing preserves, historic sites and attractions, and any other
facilities or services that the department may desire to
undertake, including the related buildings and the usual and
convenient facilities appertaining to any undertakings and any
extensions or improvements of any facilities, and the acquisition
of necessary property therefor, all as may be related to the
development of recreational and tourist accommodations and
facilities as the department may deem necessary, convenient, or
desirable. (b) The department shall have power: (1) To acquire by purchase, lease, or otherwise and to hold,
lease, use, and operate any personal property of every kind and
character for its purposes under this Code section. Upon request
of the department, the State Properties Commission is authorized,
subject to the provisions of Article 2 of Chapter 16 of Title 50,
to acquire by purchase, acceptance, or condemnation, for and on
behalf of the State of Georgia, any and all lands to be used in a
project as defined by this Code section. When a project is
proposed for construction on any lands owned by any county or by
any municipality, the governing authority or body of the county or
of the municipality is authorized to convey title to such lands to
the department through the State Properties Commission if the
property is unserviceable or cannot be advantageously or
beneficially used by the county or municipality so conveying;
provided, however, payment shall be to the credit of the general
funds of the county or municipality and shall be equal to the
reasonable value of the lands as may be determined by three
appraisers to be agreed upon by the governing authority or body of
such county or municipality and the chairman of the State
Properties Commission; (2) To execute contracts, deeds, leases, subleases, and all other
necessary or convenient instruments, including contracts for
construction of projects and leases of projects or contracts with
respect to the use of projects which the department causes to be
erected or acquired, provided that no deed, lease, sublease, or
similar instrument by which the department conveys an interest in
land shall be valid unless approved in writing by the Governor,
the Attorney General, and the state auditor; (3) To accept grants of money or materials or property of any kind
from the United States of America or any agency or instrumentality
thereof for the purposes of the department under this Code
section, provided that any grant shall be upon such terms and
conditions as the United States of America, or any agency or
instrumentality thereof, may impose; (4) To act as agent for the United States of America, or any
agency, department, corporation, or instrumentality thereof, in
any manner within the purposes or powers of the department under
this Code section; (5) To receive gifts, donations, or contributions from any person,
firm, or corporation for the purposes of the department under this
Code section; (6) To hold, use, administer, and expend 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 for any of the
purposes of the department under this Code section; (7) To prescribe, fix, collect, and revise from time to time
rates, fees, tolls, and charges for the services, facilities, or
commodities furnished, including leases, concessions, or subleases
of the department's lands or facilities; (8) To contract with institutions of higher learning for the
purpose of securing qualified specialists to aid in any of its
projects; (9) To do all things necessary, convenient, or incidental to carry
out the intent of, and the purpose and powers expressed and given
in, this Code section; and (10) Notwithstanding the provisions of any other law, including
the provisions of paragraph (2) of this subsection and the
provisions of Article 2 of Chapter 16 of Title 50, the "State
Properties Code," the commissioner of natural resources is
authorized to sublease the Park Marina property on Lake Allatoona
at Red Top Mountain State Park, Bartow County, Georgia, and the
Beaverdam Marina property on Richard B. Russell Lake, Elbert
County, Georgia, for terms which coincide with the primary leases
between the State of Georgia and the United States Army Corps of
Engineers; provided, however, that said subleases are approved by
the primary lessor, the United States Army Corps of Engineers. |