Title 32, Chapter 10, Section 63
( 32-10-63)
The authority shall have, in addition to any other powers conferred
in this article, the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, exchange, or otherwise and to
hold, lease, and dispose of real and personal property of every
kind and character for its corporate purposes; (3) To appoint such additional officers, who need not be members
of the authority, as the authority deems advisable and to employ
such experts, employees, and agents as may be necessary, in its
judgment, to carry on properly the business of the authority; to
fix their compensation and to promote and discharge same; (4) 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,
including but not limited to those procedures in Article 1 of
Chapter 3 of this title, real property or rights or easements
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 to dispose of the same in any manner it deems to the
best advantage of the authority, the authority being under no
obligation to accept and pay for any property condemned under this
article except from the funds provided under the authority of this
article; and, in any proceedings to condemn, such order may be
made by the court having jurisdiction of the action or proceedings
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
article upon which any lien or other encumbrance exists unless at
the time such property is so acquired a sufficient sum of money be
deposited in trust to pay and redeem such lien or encumbrance in
full; (5) To make such contracts, leases, or conveyances as the
legitimate and necessary purposes of this article shall require,
including but not limited to contracts for construction or
maintenance of projects, provided that the authority shall
consider the possible economic, social, and environmental effects
of each project, and the authority shall assure that possible
adverse economic, social, and environmental effects relating to
any proposed project have been fully considered in developing such
project and that the final decision on the project is made in the
best overall public interest, taking into consideration the need
for fast, safe, and efficient transportation, public services, and
the cost of eliminating or minimizing adverse economic, social,
and environmental effects. Furthermore, in order to assure that
adequate consideration is given to economic, social, and
environmental effects of any tollway project under consideration,
the authority shall: (A) Follow the processes required for federal-aid highway
projects, as determined by the National Environmental Policy Act
of 1969, as amended, except that final approval of the adequacy
of such consideration shall rest with the Governor, as provided
in subparagraph (C) of this paragraph, acting as the chief
executive of the state, upon recommendation of the commissioner,
acting as chief administrative officer of the Department of
Transportation; (B) In the location and design of any project, avoid the taking
of or disruption of existing public parkland or public
recreation areas unless there are no prudent or feasible project
location alternates. The determination of prudency and
feasibility shall be the responsibility of the authority as part
of the consideration of the overall public interest; (C) Not approve and proceed with acquisition of rights of way
and construction of a project until: (i) there has been held, or
there has been offered an opportunity to hold, a public hearing
or public hearings on such project in compliance with
requirements of the Federal-aid Highway Act of 1970, as amended,
except that neither acquisition of right of way nor construction
shall be required to cease on any federal-aid project which has
received federal approval pursuant to the National Environmental
Policy Act of 1969, as amended, and is subsequently determined
to be eligible for construction as an authority project
utilizing, in whole or in part, a mix of federal funds and
authority funds; and (ii) the adequacy of environmental
considerations has been approved by the Governor, for which said
approval of the environmental considerations may come in the
form of the Governor's acceptance of a federally approved
environmental document; and (D) Let by public competitive bid upon plans and specifications
approved by the chief engineer or his or her successors all
contracts for the construction of projects; (6) To construct, erect, acquire, own, repair, maintain, add to, extend, improve, operate, and manage projects, as defined in paragraph (5) of Code Section 32-10-60, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, from other funds available to the authority, or from any combination of such sources; (7) To accept and administer any federal highway or federal
transit funds and any other federal highway or transit assistance
received from time to time for the State of Georgia and to accept,
with the approval of the Governor, loans and grants, either or
both, of money or materials or property of any kind from the
United States government or the State of Georgia or any political
subdivision, authority, agency, or instrumentality of either of
them, upon such terms and conditions as the United States
government or the State of Georgia or such political subdivision,
authority, agency, or instrumentality of either of them shall
impose; (8) To borrow money for any of its corporate purposes, to issue
negotiable revenue bonds payable from revenues 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 Georgia;
(10) To covenant with bondholders for the preparation of annual
budgets for each project and for approval thereof by engineers or
other representatives designated by the bondholders of each
project, as may be provided for in any bond issue resolutions or
trust indentures, and to covenant for the employment of experts or
traffic engineers; (11) To lease its property to the United States government, the
State of Georgia, or its political subdivisions, including any
agency, authority, or instrumentality of the foregoing governments
or political subdivisions, as well as to persons, public or
private, for the construction or operation of facilities of
benefit to the general public; (12) By or through its authorized agents or employees, to enter
upon any lands, waters, and premises in the state for the purpose
of making surveys, soundings, drillings, and examinations as the
authority may deem necessary or convenient for the purposes of
this article; and such entry shall not be deemed a trespass. The
authority shall, however, make reimbursement for any actual
damages resulting from such activities; (13) To make reasonable regulations for the installation,
construction, maintenance, repairs, renewal, and relocation of
pipes, mains, conduits, cables, wires, towers, poles, and other
equipment and appliances of any public utility in, on, along,
over, or under any project; (14) To pledge, mortgage, convey, assign, hypothecate, or
otherwise encumber any property of the authority, including but
not limited to real property, fixtures, personal property,
intangible property, revenues, income, charges, fees, or other
funds and to execute any lease, trust indenture, trust agreement,
resolution, agreement for the sale of the authority's bonds, loan
agreement, mortgage, deed to secure debt, trust deed, security
agreement, assignment, or other agreement or instrument as may be
necessary or desirable, in the judgment of the authority, to
secure such bonds; and (15) To do all things necessary or convenient to carry out the
powers expressly given in this article. |