Title 46, Chapter 3, Section 126
( 46-3-126)
The authority shall have all powers necessary or convenient to carry
out and effectuate the purpose and provisions of this article
including, but without limiting the generality of the foregoing, the
power: (1) To sue and be sued in contract and in tort and to complain and
defend in all courts; (2) To adopt and alter a corporate seal; (3) To acquire in its own name real property or rights and
easements therein and franchises and personal property necessary
or convenient for its corporate purposes, by purchase, on such
terms and conditions and in such manner as it may deem proper, or
by the exercise of the power of eminent domain in accordance with
any and all existing laws of the State of Georgia applicable to
the condemnation of property for public use, including the power
to proceed as a condemning body under Article 2 of Chapter 2 of
Title 22 or by gift, grant, lease, or otherwise; to insure the
same against any and all risks as such insurance may, from time to
time, be available; and to use such property, rent or lease the
same to or from others, make contracts with respect to the use
thereof, or sell, lease, or otherwise dispose of any such property
in any manner it deems to the best advantage of the authority and
the purposes thereof. The power to acquire, use, and dispose of
property provided in this paragraph shall include the power to
acquire, use, and dispose of any interest in such property,
whether divided or undivided, which acquisition may result in the
ownership of such property or any part thereof in common with any
other party, whether public or private. Title to any such property
of the authority, however, shall be held by the authority
exclusively for the benefit of the public. The authority shall be
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
orders may be made by the court having jurisdiction of the action
as may be just to the authority and to the owners of the property
to be condemned. If the authority shall deem it expedient to
construct any project on lands which are subject to the control of
the state or of any political subdivision or public corporation of
the state, the Governor, in the case of lands controlled by the
state, or the governing authorities of such political subdivisions
or such public corporations are authorized to convey such lands to
the authority for such consideration, not exceeding reasonable
value, as may be agreed upon by the authority, as grantee, and by
the Governor or by the governing body of such political
subdivision or by such public corporation, as grantor, taking into
consideration the public benefit to be derived from such
conveyance; (4) To appoint and select officers, agents, and employees,
including engineering, architectural, and construction experts,
fiscal agents, and attorneys, and to fix their compensation; (5) To acquire, by purchase or otherwise, in whole or in part, as provided in paragraph (3) of this Code section, and to place into operation and operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others or as agent, electric generation and transmission lines, works, facilities, and projects; to provide, by sale or otherwise, an adequate, dependable, and economical electric power supply to political subdivisions of this state contracting with the authority pursuant to authority of Code Section 46-3-130; and, through such political subdivisions, to supply such electric power to the members of the public in the areas served by them; and, as agent for such political subdivisions, to secure power supply contracts and arrangements with other persons. The authority shall also have the power, which may be exercised either as principal or as agent, to manufacture, generate, store, and transmit electric current for light, heat, power, and energy; to manufacture, buy, sell, import, export, lease, or otherwise acquire and generally deal in electrical apparatuses of all kinds and machinery and devices and nuclear or fossil fuels for the manufacture, generation, storage, and transmission of electric current for light, heat, power, and energy; to purchase power at retail or wholesale from any other person; to purchase or construct part of the capacity of generation or transmission projects sponsored and owned by or in common with others, making any such purchase at wholesale or retail within or without this state; to contract for the purchase of power and energy from, or the sale of power and energy to, the United States government and electric utility systems either privately or publicly owned, within or without this state; to execute long- or short-term power purchase or sale contracts on terms which may include agreements with respect to resale rates and the disposition of revenues; to interchange, exchange, and purchase power and energy from any person; to erect, buy, lease, or otherwise acquire, operate, and maintain electric lighting, heating, and power projects; to transmit power both for itself and on behalf of others; to erect, buy, sell, lease, or otherwise acquire, maintain, and operate or cause to be maintained and operated plants, underground subways, conduits, poles, and wires above, upon, and under the streets, alleys, lands, and territories of political subdivisions, public or private corporations, or individuals; and to continue to sell electric power to political subdivisions of this state which are authorized to contract with the authority pursuant to Code Section 46-3-130 and to other persons and entities and, as agent for any or all of the same, to make power and energy otherwise available to them through arrangements with other persons, all in the exercise of the powers of the authority and to effectuate the purposes of this article; (6) To contract with the state and its agencies, instrumentalities, and departments, with those political subdivisions of the state which are authorized to contract with the authority pursuant to Code Section 46-3-130 and with private persons and corporations. This power includes the making of contracts for the construction of projects, which contracts for construction may be made either as sole owner of the project or as owner, in common with other public or private persons, of any divided or undivided interest therein; (7) To exercise any one or more of the powers, rights, and
privileges conferred by this Code section either alone or jointly
or in common with one or more other parties or utilities, whether
public or private. In any such exercise of such powers, rights,
and privileges jointly or in common with others with respect to
the construction, operation, and maintenance of electric
generation or transmission facilities, the authority may own an
undivided interest in such facilities with any other parties,
whether public or private. The authority may enter into agreements
with respect to any such electric generation or transmission
facility with the other parties participating therein, and any
such agreement may contain such terms, conditions, and provisions
consistent with this article as the parties thereto shall deem to
be in their best interests. Any such agreement may include, but
need not be limited to, provisions for the construction,
operation, and maintenance of such electric generation or
transmission facility by any one or more of the parties to such
agreement, which party or parties shall be designated in or
pursuant to such agreement as agent or agents on behalf of itself
and one or more of the other parties thereto, or by such other
means as may be determined by the parties thereto. Such an
agreement may also include provisions for methods of determining
and allocating among or between the parties the costs of
construction, operation, maintenance, renewals, replacements,
improvements, and disposals with respect to such facility. In
carrying out its functions and activities as such agent with
respect to the construction, operation, and maintenance of such a
facility, such agent shall be governed by the laws and regulations
applicable to such agent as a separate legal entity and not by any
laws or regulations which may be applicable to any of the other
participating parties. Notwithstanding any other law to the
contrary, pursuant to the terms of any such agreement the
authority may delegate its powers and duties with respect to the
construction, operation, and maintenance of such facility to the
party acting as agent; and all actions taken by such agent in
accordance with the provisions of such agreement may be made
binding upon the authority without further action or approval by
the authority; (8) To accept, receive, and administer gifts, grants,
appropriations, and donations of money, materials, and property of
any kind, including loans and grants from the United States
government or the State of Georgia or any agency, department,
authority, or instrumentality of either, upon such terms and
conditions as the United States government, the State of Georgia,
or such agency, department, authority, or instrumentality shall
impose; to administer trusts; and to sell, lease, transfer,
convey, appropriate, and pledge any and all of its property and
assets; (9) To invest any accumulation of its funds and any sinking fund
or reserves in any manner that public funds of this state or its
political subdivisions may be invested, and to purchase its own
bonds and notes; (10) To do any and all things necessary or proper for the
accomplishment of the objectives of this article and to exercise
any power usually possessed by private corporations performing
similar functions which is not in conflict with the Constitution
and laws of this state, including: (A) Employment of professional and administrative staff and
personnel and retaining of legal, engineering, and other
professional services; (B) The purchasing of all kinds of insurance, including, without
limitation, insurance against tort liability and against risks
of damage to property; (C) The borrowing of money for any of the corporate purposes of
the authority, provided that obligations of the authority other
than revenue bonds for which provision is made in this article
shall be payable from the general funds of the authority and
shall not be a charge against any special fund allocated to the
payment of revenue bonds; (D) The power to indemnify and hold harmless any parties
contracting with the authority or its agents from damage to
persons or property; and (E) The power to act as self-insurer with respect to any loss or
liability; (11) To issue its revenue bonds as provided in this article in
evidence of its indebtedness incurred with respect to the powers
described in this Code section, such bonds to be payable from the
revenues, receipts, and earnings of the projects of the authority
and other available funds thereof; to execute trust agreements or
indentures; to sell, convey, pledge, and assign any and all of its
funds, assets, property, and income as security for the payment of
such revenue bonds; and to provide for the payment of the same and
for the rights of the owners thereof. |