Title 32, Chapter 10, Section 1
( 32-10-1)
As used in this article, the term: (1) "Approach" means not more than three miles of the traffic
artery on either end of the bridge and within that limit shall
mean so much of the traffic arteries on either end of the bridge
as shall be required to develop the maximum traffic capacity of
the bridge, including necessary grading, paving, drainage
structures or facilities, and other construction necessary to the
approach. (2) "Authority" means the public corporation created by the
"Georgia Highway Authority Act," Ga. L. 1967, p. 385, as amended
by Ga. L. 1971, p. 385, and by Ga. L. 1972, p. 826, which 1967 Act
merged the public corporation known as the Georgia Rural Roads
Authority created by the "Georgia Rural Roads Authority Act," Ga.
L. 1955, p. 124, as amended, with the Georgia State Highway
Authority, created by the "Georgia State Highway Authority Act,"
Ga. L. 1953, Jan.-Feb. Sess., p. 626, as amended particularly by
Ga. L. 1961, p. 3, and which 1967 Act provided that all property,
assets, choses in action, or other things of value of both of the
constituent public corporations shall be vested in and be the
property of the Georgia Highway Authority (the continuing and
surviving public corporation); all the rights, powers, and duties,
including their perpetual existence, previously legally granted to
both constituent public corporations, shall be vested in the
Georgia Highway Authority, subject, however, to all debts,
obligations, liabilities, and duties incurred by the two
constituent public corporations; the purpose and intention of such
merger was that the Georgia Highway Authority as the successor and
continuing corporation would be for the continuation of all the
purposes of both constituent public corporations and would be
vested with the rights, powers, duties, and obligations of both
constituent public corporations, together with the additional
powers and rights granted by the aforesaid "Georgia Highway
Authority Act" of 1967. (3) "Board" means the State Transportation Board or the
commissioner of transportation acting as the chief executive
officer of the Department of Transportation; and, whenever any
action is required to be taken, any power is permitted to be
exercised, any approval is to be granted, or any contract is to be
executed by the State Transportation Board, pursuant to any
provision of this article, the same may be taken, exercised,
granted, or executed by the commissioner to the extent permitted
by law. (4) "Bonds and revenue bonds" means any bonds issued by the
authority or either of the constituent public corporations,
whether issued under this article or otherwise, including
refunding bonds. (5) "Bridge" means a structure, including the approaches thereto,
erected in order: (A) To afford unrestricted vehicular passage over obstructions
in any public road, including but not limited to rivers,
streams, ponds, lakes, bays, ravines, gullies, railroads, public
highways, and canals; or
(B) To afford unrestricted vehicular passage under or over
existing railroads and public roads. (6) "Cost of project or projects" means the cost of construction;
the cost of all lands, properties, franchises, and rights in
property; the cost of all machinery and equipment necessary for
the operation of a project; financing charges; interest prior to
and during construction; cost of engineering, plans and
specifications, surveys, and supervision; legal expenses; expenses
necessary or incident to determining the feasibility or
practicability of the project; administrative expenses; fiscal
expense; such other expense as may be necessary or incident to the
financing authorized by this article; the expense of construction
or any action permitted by this article with respect to a
particular project and the placing of the same in operation; and
any other expense authorized by this article to be incurred by the
authority with respect to any action with regard to a particular
project or projects. Any obligation or expense incurred for any of
the foregoing purposes shall be regarded as a cost of the project
and may be paid or reimbursed as such out of the proceeds of bonds
issued under this article for such project or group of projects. (7) "County road" means any public road or portion thereof, not
located wholly within the boundaries of an incorporated
municipality and not now, or as of the particular time of inquiry
in the future, part of a state road or urban road as defined in
paragraphs (12) and (15), respectively, of this Code section,
provided that the meaning of the term "county road" shall include
a public road or portion thereof on the federal-aid secondary
system if such road or portion thereof is not part of the state
highway system. The term shall include not only such roads as
come within this definition on July 1, 1973, but also such roads,
as defined in this Code section, which may from time to time be
planned, laid out, and constructed by the authority pursuant to
this article. The fact that a road owned by the authority and
leased to the state may, as provided by this article, be declared
part of the state highway system shall not destroy its identity as
a county road for the purposes of this article, provided that
nothing in the definition of "county road" shall in any manner
alter the legal effect of said term which is intended to be
synonymous with "rural road" as used in the "Georgia Highway
Authority Act," Ga. L. 1967, p. 385, as amended. (8) "Governing authority of a county" means the commissioner,
board of commissioners, commission, or other person or body of
persons at the time entrusted by law with the administration of
the fiscal affairs of any county. (9) "Governing authority of any incorporated municipality" means
the mayor, board of aldermen, city council, board, council,
commission, or other person or body of persons at the time
entrusted by law with the administration of the fiscal affairs of
any incorporated municipality. (10) "Project" means: (A) A continuous length or stretch of state road, including
bridges thereon, as to which the authority has undertaken or
agreed to undertake any action permitted by the terms of this
article or as to which any such action has been completed by the
authority; (B) A continuous length or stretch of county road, including
bridges thereon, as to which the authority has undertaken or
agreed to undertake any action permitted by the terms of this
article or as to which any such action has been completed by the
authority; (C) A continuous length or stretch of urban road, including
bridges thereon, as to which the authority has undertaken or
agreed to undertake any action permitted by the terms of this
article or as to which any such action has been completed by the
authority; and (D) One or more bridges, as defined in paragraph (5) of this
Code section, together with the approaches thereto, as defined
in paragraph (1) of this Code section. (11) "Self-liquidating" means a project or group of projects whose
revenues, rents, and earnings derived by the authority therefrom
will be sufficient to pay, in the judgment of the authority, the
principal of and interest on bonds which may be issued for the
cost of such project or group of projects and to pay the cost of
maintaining, repairing, and operating the projects or combination
of projects and other lawful expenses of the authority. (12) "State road" means any public road or portion thereof which
is part of the state highway system, The Dwight D. Eisenhower
System of Interstate and Defense Highways, the federal-aid primary
system, the federal-aid secondary system, or the Appalachian
Development Highway System, together with the local access roads
appertaining thereto, in the manner provided by law. (13) "Urban county" means any county with a population of more
than 50,000 according to the most recent official United States
census. (14) "Urban incorporated municipality" means a municipal
corporation incorporated and chartered pursuant to an Act of the
General Assembly and which has a population of 5,000 or more
according to the most recent official United States census. (15) "Urban road" means any public road or portion thereof
located: (A) Anywhere wholly within the boundaries of an urban county; or (B) Wholly or partly within an urban incorporated municipality
within the boundaries of a county with a population under 50,000
according to the most recent official United States census and
extending no more than two miles outside of such urban
incorporated municipality. The term shall include not only such roads as come within this
definition on or after July 1, 1973, but also such roads as
defined in this Code section which may from time to time be
planned, laid out, and constructed by the authority pursuant to
this article. The fact that a road owned by the authority and
leased to the state may be declared part of the state highway
system, as provided by this article, shall not destroy its
identity as an urban road for the purposes of this article. |