Title 12, Chapter 8, Section 51
( 12-8-51)
(a) This part is enacted pursuant to authority granted to the
General Assembly by the Constitution of Georgia. Each authority
created by this part is created for nonprofit and public purposes;
and it is found, determined, and declared that the creation of each
such authority and the carrying out of its corporate purposes is in
all respects for the benefit of the people of this state and that
the authority is an institution of purely public charity and will be
performing an essential governmental function in the exercise of the
power conferred upon it by this part. For such reasons, the state
covenants from time to time with the holders of the bonds issued
under this part that such authority shall be required to pay no
taxes or assessments imposed by the state or any of its counties,
municipal corporations, political subdivisions, or taxing districts
upon any property acquired by the authority or under its
jurisdiction, control, possession, or supervision or leased by it to
others; or upon its activities in the operation or maintenance of
any such property; or upon any income derived by the authority in
the form of fees, recording fees, rentals, charges, purchase price,
installments, or otherwise; and that the bonds of such authority,
their transfer, and the income therefrom shall at all times be
exempt from taxation within the state. The tax exemption provided
in this Code section shall not include any exemption from sales and
use tax on property purchased by the authority or for use by the
authority. (b) It is the express policy of the State of Georgia that any
authority created by this part shall be authorized with respect to
any solid waste which the generator thereof, county, or municipal
corporation makes available to such authority to enter into
agreements in furtherance of a project granting, directing, or
providing for an exclusive right or rights in any authority with
respect to such solid waste, including, but not limited to, the
exclusive right to collect, acquire, receive, transport, store,
treat, process, utilize, sell, or dispose of discarded solid waste;
provided, however, no authority created by this part and no county
or municipal corporation or other governmental body shall have the
right to enter into agreements or to enact ordinances or resolutions
providing for any rights with respect to recovered materials or
substances, materials, or resources contained in solid waste as may
be separated for recycling, use, or reuse at any time prior to
pickup by or delivery to any authority, county, municipal
corporation, or persons under contract with such authority, county,
or municipal corporation. (c) Notwithstanding any other provision of this part, no authority
shall compete unfairly with the private sector by purchasing or
offering to purchase recovered materials at prices higher than the
highest prevailing market prices in the county in which the purchase
is made for recovered materials of like grade and quality. |