Title 50, Chapter 16, Section 39
( 50-16-39)
(a) Any proposal to lease, other than a lease of mineral resources provided for in Code Section 50-16-43, or sell any part of the property pursuant to the power granted by paragraph (4) of Code Section 50-16-34 shall be initiated and carried out in accordance with this Code section. (b) Any such lease or sale shall be made upon public competitive
bidding and the invitation for bids shall be advertised once a week
for four consecutive weeks in the legal organ and in one or more
newspapers of general circulation in the county or counties wherein
is situated the property to be bid upon and in the legal organ of
Fulton County, Georgia. Prior to such advertising, the commission
shall prepare a proposed form of lease or contract of sale and deed
and appropriate instructions which shall be furnished to prospective
bidders under such conditions as the commission may prescribe. (c) Sealed bids shall be submitted to the secretary of the
commission and each bid shall be accompanied by a bid bond or such
other security as may be prescribed by the commission. All bids
shall be opened in public on the date and at the time and place
specified in the invitation for bids. The commission shall formally
determine and announce which bid and bidder it considers to be most
advantageous to the state. The commission shall have the right to
reject any or all bids and bidders and the right to waive
formalities in bidding. (d) When the commission formally determines and announces which bid
and bidder it considers to be most advantageous to the state, the
commission shall then prepare the instrument of lease or contract of
sale and deed in at least four counterparts, which lease or contract
of sale shall be immediately signed by the prospective lessee or
purchaser, whose signature shall be witnessed in the manner required
by the applicable law for public recording of conveyances of real
estate. The signing shall constitute a bid by the prospective
lessee or purchaser and shall not be subject to revocation by the
prospective lessee or purchaser unless it is rejected by the General
Assembly or the Governor as provided in this Code section. A
resolution containing an exact copy of the proposed lease or
contract of sale and deed, or to which an exact copy of the proposed
lease or contract of sale and deed is attached, shall be introduced
in the General Assembly in either the House of Representatives, the
Senate, or both, if then in regular session, or, if not in regular
session at such time, at the next regular session of the General
Assembly. The resolution, in order to become effective, shall
receive the same number of readings and, in both the House of
Representatives and the Senate, go through the same processes and
procedures as a bill. (e) If either the House of Representatives or the Senate fails to
adopt (pass) the resolution during the regular session by a
constitutional majority vote in each house, the bid shall be
considered rejected by the General Assembly. (f) If the resolution is adopted (passed) during the regular session
by a constitutional majority vote of both the House of
Representatives and the Senate but is not approved by the Governor,
the bid shall be considered rejected by the Governor.
(g) If the resolution is adopted (passed) during the regular session
by a constitutional majority vote of both the House of
Representatives and the Senate and is approved by the Governor, the
chairman of the commission, in his capacity as Governor of the
state, shall execute and deliver to the purchaser the contract of
sale for and on behalf of and in the name of the state, and
thereupon both parties to the agreement shall be bound thereby. The
Governor's signature shall be attested by the secretary of the
commission in his capacity as Secretary of State. The Secretary of
State shall also affix the great seal of the state to the contract
of sale. Whenever, in the judgment of the chairman of the
commission, all of the terms and conditions of the contract of sale,
or all of the precedent terms and conditions of the contract of
sale, or all of the precedent terms and conditions of the lease have
been fulfilled or complied with, the chairman of the commission in
his capacity as Governor of the state shall execute and deliver to
the purchaser or lessee the deed or lease for and on behalf of and
in the name of the state. The Governor's signature shall be
attested by the secretary of the commission in his capacity as
Secretary of State. The Secretary of State shall also affix the
great seal of the state to the deed or lease. |