Title 50, Chapter 32, Section 11
( 50-32-11)
(a) The authority shall have the following general powers: (1) To sue and be sued in all courts of this state, the original jurisdiction and venue of any such action being the superior court of any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located, except that venue and jurisdiction for bond validation proceedings shall be as provided by paragraph (9) of subsection (e) of Code Section 50-32-31; (2) To have a seal and alter the same at its pleasure; (3) To plan, design, acquire, construct, add to, extend, improve,
equip, operate, and maintain or cause to be operated and
maintained land public transportation systems and other land
transportation projects, and all facilities and appurtenances
necessary or beneficial thereto, within the geographic area over
which the authority has jurisdiction or which are included within
an approved transportation plan or transportation improvement
program and provide land public transportation services within the
geographic jurisdiction of the authority, and to contract with any
state, regional, or local government, authority, or department, or
with any private person, firm, or corporation, for those purposes,
and to enter into contracts and agreements with the Georgia
Department of Transportation, county and local governments, and
transit system operators for those purposes; (4) To plan, design, acquire, construct, add to, extend, improve,
equip, operate, and maintain or cause to be operated and
maintained air quality control installations, and all facilities
and appurtenances necessary or beneficial thereto, within the
geographic area over which the authority has jurisdiction for such
purposes pursuant to this chapter, and to contract with any state,
regional, or local government, authority, or department, or with
any private person, firm, or corporation, for those purposes;
provided, however, that where such air quality control measures
are included in an applicable implementation plan, they shall be
approved by the Environmental Protection Division of the state
Department of Natural Resources and by the United States
Environmental Protection Agency where necessary to preserve their
protected status during any conformity lapse; (5) To make and execute contracts, lease agreements, and all other
instruments necessary or convenient to exercise the powers of the
authority or to further the public purpose for which the authority
is created, such contracts, leases, or instruments to include
contracts for acquisition, construction, operation, management, or
maintenance of projects and facilities owned by local government,
the authority, or by the state or any political subdivision,
department, agency, or authority thereof, and to include contracts
relating to the execution of the powers of the authority and the
disposal of the property of the authority from time to time; and
any and all local governments, departments, institutions,
authorities, or agencies of the state are authorized to enter into
contracts, leases, agreements, or other instruments with the
authority upon such terms and to transfer real and personal
property to the authority for such consideration and for such
purposes as they deem advisable;
(6) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real or personal property of every kind and
character, or any interest therein, in furtherance of the public
purpose of the authority, in compliance, where required, with
applicable federal law including without limitation the Uniform
Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended, 40 U.S.C. Section 4601 et seq., 23 C.F.R.
Section 1.23, and 23 C.F.R. Section 713(c); (7) To appoint an executive director who shall be executive
officer and administrative head of the authority. The executive
director shall be appointed and serve at the pleasure of the
authority. The executive director shall hire officers, agents,
and employees, prescribe their duties and qualifications and fix
their compensation, and perform such other duties as may be
prescribed by the authority. Such officers, agents, and employees
shall serve at the pleasure of the executive director; (8) To finance projects, facilities, and undertakings of the
authority for the furtherance of the purposes of the authority
within the geographic area over which the authority has
jurisdiction by loan, loan guarantee, grant, lease, or otherwise,
and to pay the cost of such from the proceeds of bonds, revenue
bonds, notes, or other obligations of the authority or any other
funds of the authority or from any contributions or loans by
persons, corporations, partnerships, whether limited or general,
or other entities, all of which the authority is authorized to
receive, accept, and use; (9) To extend credit or make loans or grants for all or part of
the cost or expense of any project, facility, or undertaking of a
political subdivision or other entity for the furtherance of the
purposes of the authority within the geographic area over which
the authority has jurisdiction upon such terms and conditions as
the authority may deem necessary or desirable; and to adopt rules,
regulations, and procedures for making such loans and grants; (10) To borrow money to further or carry out its public purpose
and to issue guaranteed revenue bonds, revenue bonds, notes, or
other obligations to evidence such loans and to execute leases,
trust indentures, trust agreements for the sale of its revenue
bonds, notes, or other obligations, loan agreements, mortgages,
deeds to secure debt, trust deeds, security agreements,
assignments, and such other agreements or instruments as may be
necessary or desirable in the judgment of the authority, and to
evidence and to provide security for such loans; (11) To issue guaranteed revenue bonds, revenue bonds, bonds,
notes, or other obligations of the authority, to receive payments
from the Department of Community Affairs, and to use the proceeds
thereof for the purpose of: (A) Paying or loaning the proceeds thereof to pay, all or any
part of, the cost of any project or the principal of and
premium, if any, and interest on the revenue bonds, bonds,
notes, or other obligations of any local government issued for
the purpose of paying in whole or in part, the cost of any
project and having a final maturity not exceeding three years
from the date of original issuance thereof;
(B) Paying all costs of the authority incidental to, or
necessary and appropriate to, furthering or carrying out the
purposes of the authority; and (C) Paying all costs of the authority incurred in connection
with the issuance of the guaranteed revenue bonds, revenue
bonds, bonds, notes, or other obligations; (12) To collect fees and charges in connection with its loans,
commitments, management services, and servicing including, but not
limited to, reimbursements of costs of financing, as the authority
shall determine to be reasonable and as shall be approved by the
authority; (13) Subject to any agreement with bond owners, to invest moneys
of the authority not required for immediate use to carry out the
purposes of this chapter, including the proceeds from the sale of
any bonds and any moneys held in reserve funds, in obligations
which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other
obligations, the principal and interest of which are guaranteed
by the state; (B) Bonds or other obligations of the United States or of
subsidiary corporations of the United States government fully
guaranteed by such government; (C) Obligations of agencies of the United States government
issued by the Federal Land Bank, the Federal Home Loan Bank, the
Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing
agency or municipality in the United States, which bonds or
obligations are fully secured as to the payment of both
principal and interest by a pledge of annual contributions under
an annual contributions contract or contracts with the United
States government, or project notes issued by any public housing
agency, urban renewal agency, or municipality in the United
States and fully secured as to payment of both principal and
interest by a requisition, loan, or payment agreement with the
United States government; (E) Certificates of deposit of national or state banks or
federal savings and loan associations located within the state
which have deposits insured by the Federal Deposit Insurance
Corporation or any Georgia deposit insurance corporation and
certificates of deposit of state building and loan associations
located within the state which have deposits insured by any
Georgia deposit insurance corporation, including the
certificates of deposit of any bank, savings and loan
association, or building and loan association acting as
depository, custodian, or trustee for any such bond proceeds;
provided, however, that the portion of such certificates of
deposit in excess of the amount insured by the Federal Deposit
Insurance Corporation or any Georgia deposit insurance
corporation, if any such excess exists, shall be secured by
deposit with the Federal Reserve Bank of Atlanta, Georgia, or
with any national or state bank located within the state, of one
or more of the following securities in an aggregate principal
amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any
county or municipality in the state; (ii) Obligations of the United States or subsidiary
corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government
included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing
agencies, urban renewal agencies, or municipalities included
in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements,
reverse repurchase agreements, rate guarantee agreements, or
other similar banking arrangements with a bank or trust company
having capital and surplus aggregating at least $50 million or
with any government bond dealer reporting to, trading with, and
recognized as a primary dealer by the Federal Reserve Bank of
New York having capital aggregating at least $50 million or with
any corporation which is subject to registration with the Board
of Governors of the Federal Reserve System pursuant to the
requirements of the Bank Holding Company Act of 1956, provided
that each such interest-bearing time deposit, repurchase
agreement, reverse repurchase agreement, rate guarantee
agreement, or other similar banking arrangement shall permit the
moneys so placed to be available for use at the time provided
with respect to the investment or reinvestment of such moneys;
and (G) State operated investment pools; (14) To acquire or contract to acquire from any person, firm,
corporation, local government, federal or state agency, or
corporation by grant, purchase, or otherwise, leaseholds, real or
personal property, or any interest therein; and to sell, assign,
exchange, transfer, convey, lease, mortgage, or otherwise dispose
of or encumber the same; and local government is authorized to
grant, sell, or otherwise alienate leaseholds, real and personal
property, or any interest therein to the authority; (15) Subject to applicable covenants or agreements related to the
issuance of bonds, to invest any moneys held in debt service funds
or sinking funds not restricted as to investment by the
Constitution or laws of this state or the federal government or by
contract not required for immediate use or disbursement in
obligations of the types specified in paragraph (13) of this
subsection, provided that, for the purposes of this paragraph, the
amounts and maturities of such obligations shall be based upon and
correlated to the debt service, which debt service shall be the
principal installments and interest payments, schedule for which
such moneys are to be applied; (16) To provide advisory, technical, consultative, training,
educational, and project assistance services to the state and
local government and to enter into contracts with the state and
local government to provide such services. The state and local
governments are authorized to enter into contracts with the
authority for such services and to pay for such services as may be
provided them; (17) To make loan commitments and loans to local governments and
to enter into option arrangements with local governments for the
purchase of said bonds, revenue bonds, notes, or other
obligations; (18) To sell or pledge any bonds, revenue bonds, notes, or other
obligations acquired by it whenever it is determined by the
authority that the sale thereof is desirable; (19) To apply for and to accept any gifts or grants or loan
guarantees or loans of funds or property or financial or other aid
in any form from the federal government or any agency or
instrumentality thereof, or from the state or any agency or
instrumentality thereof, or from any other source for any or all
of the purposes specified in this chapter and to comply, subject
to the provisions of this chapter, with the terms and conditions
thereof; (20) To lease to local governments any authority owned facilities
or property or any state owned facilities or property which the
authority is managing under contract with the state; (21) To contract with state agencies or any local government for
the use by the authority of any property or facilities or services
of the state or any such state agency or local government or for
the use by any state agency or local government of any facilities
or services of the authority and such state agencies and local
governments are authorized to enter into such contracts; (22) To extend credit or make loans, including the acquisition of
bonds, revenue bonds, notes, or other obligations of the state,
any local government, or other entity, including the federal
government, for the cost or expense of any project or any part of
the cost or expense of any project, which credit or loans may be
evidenced or secured by trust indentures, loan agreements, notes,
mortgages, deeds to secure debt, trust deeds, security agreements,
or assignments, on such terms and conditions as the authority
shall determine to be reasonable in connection with such extension
of credit or loans, including provision for the establishment and
maintenance of reserve funds; and, in the exercise of powers
granted by this chapter in connection with any project, the
authority shall have the right and power to require the inclusion
in any such trust indentures, loan agreement, note, mortgage, deed
to secure debt, trust deed, security agreement, assignment, or
other instrument such provisions or requirements for guaranty of
any obligations, insurance, construction, use, operation,
maintenance, and financing of a project and such other terms and
conditions as the authority may deem necessary or desirable; (23) As security for repayment of any bonds, revenue bonds, notes,
or other obligations of the authority, to pledge, lease, mortgage,
convey, assign, hypothecate, or otherwise encumber any property of
the authority including, but not limited to, real property,
fixtures, personal property, and revenues or other funds and to
execute any lease, trust indenture, trust agreement, agreement for
the sale of the authority's revenue bonds, notes or other
obligations, 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 any such revenue bonds, notes, or other
obligations, which instruments or agreements may provide for
foreclosure or forced sale of any property of the authority upon
default in any obligation of the authority, either in payment of
principal, premium, if any, or interest or in the performance of
any term or condition contained in any such agreement or
instrument; (24) To receive and use the proceeds of any tax levied to pay all
or any part of the cost of any project or for any other purpose
for which the authority may use its own funds pursuant to this
chapter; (25) To use income earned on any investment for such corporate
purposes of the authority as the authority in its discretion shall
determine, including, but not limited to, the use of repaid
principal and earnings on funds, the ultimate source of which was
an appropriation to a budget unit of the state to make loans for
projects; (26) To cooperate and act in conjunction with industrial,
commercial, medical, scientific, public interest, or educational
organizations; with agencies of the federal government and this
state and local government; with other states and their political
subdivisions; and with joint agencies thereof and such state
agencies, local government, and joint agencies are authorized and
empowered to cooperate and act in conjunction, and to enter into
contracts or agreements with the authority and local government to
achieve or further the purposes of the authority; (27) To coordinate, cooperate, and contract with any metropolitan
planning organization for a standard metropolitan statistical area
which is primarily located within an adjoining state but which
includes any territory within the jurisdiction of the authority to
achieve or further the purposes of the authority as provided by
this chapter; (28) To coordinate and assist in planning for land transportation
and air quality purposes within the geographic area over which the
authority has jurisdiction pursuant to this chapter, between and
among all state, regional, and local authorities charged with
planning responsibilities for such purposes by state or federal
law, and to adopt a regional plan or plans based in whole or in
part on such planning; (29) To review and make recommendations to the Governor concerning
all proposed regional land transportation plans and transportation
improvement programs prepared by metropolitan planning
organizations wholly or partly within the geographic area over
which the authority has jurisdiction pursuant to this chapter, and
to negotiate with such metropolitan planning organizations
concerning changes or amendments to such plans which may be
recommended by the authority or the Governor consistent with
applicable federal law and regulation, and to adopt such regional
plans as all or a portion of its own regional plans; (30) To review and make recommendations to the Governor concerning
all land transportation plans and transportation improvement
programs prepared by the Department of Transportation involving
design, construction, or operation of land transportation
facilities wholly or partly within the geographic area over which
the authority has jurisdiction pursuant to this chapter, and to
negotiate with that department concerning changes or amendments to
such plans which may be recommended by the authority or the
Governor consistent with applicable federal law and regulation,
and to adopt such plans as all or a portion of its own regional
plans; (31) To acquire by the exercise of the power of eminent domain any
real property or rights in property which it may deem necessary
for its purposes under this chapter pursuant to the procedures set
forth in this chapter, and to purchase, exchange, sell, lease, or
otherwise acquire or dispose of any property or any rights or
interests therein for the purposes authorized by this chapter or
for any facilities or activities incident thereto, subject to and
in conformity with applicable federal law and regulation; (32) To the extent permissible under federal law, to operate as a
receiver of federal grants, loans, and other moneys intended to be
used within the geographic area over which the authority has
jurisdiction pursuant to this chapter for inter-urban and
intra-urban transit, land public transportation development, air
quality and air pollution control, and other purposes related to
the alleviation of congestion and air pollution; (33) Subject to any covenant or agreement made for the benefit of
owners of bonds, notes, or other obligations issued to finance
roads or toll roads, in planning for the use of any road or toll
road which lies within the geographical area over which the
authority has jurisdiction, the authority shall have the power to
control or limit access thereto, including the power to close off,
regulate, or create access to or from any part, excluding the
interstate system, of any road on the state highway system, a
county road system, or a municipal street system to or from any
such road or toll road or any property or project of the
authority, to the extent necessary to achieve the purposes of the
authority; the authority may submit an application for an
interstate system right of way encroachment through the state
Department of Transportation, and that department shall submit the
same to the Federal Highway Administration for approval. The
authority shall provide any affected local government with not
less than 60 days notice of any proposed access limitation; (34) To exercise any power granted by the laws of this state to
public or private corporations which is not in conflict with the
public purpose of the authority; (35) To do all things necessary or convenient to carry out the
powers conferred by this chapter; (36) To procure insurance against any loss in connection with its
property and other assets or obligations or to establish cash
reserves to enable it to act as self-insurer against any and all
such losses; (37) To accept and use federal funds; to enter into any contracts
or agreements with the United States or its agencies or
subdivisions relating to the planning, financing, construction,
improvement, operation, and maintenance of any public road or
other mode or system of land transportation; and to do all things
necessary, proper, or expedient to achieve compliance with the
provisions and requirements of all applicable federal-aid acts and
programs. Nothing in this chapter is intended to conflict with any
federal law; and, in case of such conflict, such portion as may be
in conflict with such federal law is declared of no effect to the
extent of the conflict; (38) To ensure that any project funded by the authority in whole
or in part with federal-aid funds is included in approved
transportation improvement programs adopted and approved by
designated metropolitan planning organizations and the Governor
and in the land transportation plan adopted and approved by the
designated metropolitan planning organization, and is in
compliance with the requirements of relevant portions of the
regulations implementing the Clean Air Act including without
limitation 40 C.F.R. Section 93.105(c)(1)(ii) and 40 C.F.R.
Section 93.122(a)(1), where such inclusion, approval, designation,
or compliance is required by applicable federal law or regulation;
and (39) To appoint and select officers, agents, and employees,
including engineering, architectural, and construction experts and
attorneys, and to fix their compensation. (b) In addition to the above-enumerated general powers, and such
other powers as are set forth in this chapter, the authority shall
have the following powers with respect to special districts created
and activated pursuant to this chapter: (1) By resolution, to authorize the provision of land public
transportation services and the institution of air quality control
measures within the bounds of such special districts by local
governments within such special districts utilizing the funding
methods authorized by this chapter where the facilities for such
purposes are located wholly within the jurisdiction of such local
governments and such special districts or are the subject of
contracts between or among such local governments and where such
services and measures are certified by the authority to be
consistent with the designated metropolitan planning
organizations' regional plans, where applicable; (2) By resolution, to authorize the utilization by local governments within such special districts of the funding mechanisms enumerated in Code Section 50-32-30 to provide funding to defray the cost of land public transportation and air quality control measures certified and provided pursuant to paragraph (1) of this subsection; (3) By resolution, to authorize the utilization by local
governments within such special districts of the above-enumerated
funding mechanisms to assist in funding those portions of regional
land public transportation systems which lie within and provide
service to the territory of such local governments within special
districts; and (4) By resolution, to contract with local governments within such
special districts for funding, planning services, and such other
services as the authority may deem necessary and proper to assist
such local governments in providing land public transportation
services and instituting air quality control measures within the
bounds of such special districts where the facilities for such
purposes are located wholly within the jurisdiction of such local
governments and such special districts or are the subject of
contracts between or among such local governments, and where such
services and measures are certified by the authority to be
consistent with the designated metropolitan planning
organizations' regional plans, where applicable. (c) The provision of local government services and the utilization
of funding mechanisms therefor consistent with the terms of this
chapter shall not be subject to the provisions of Chapter 70 of
Title 36; provided, however, that the authority shall, where
practicable, provide for coordination and consistency between the
provision of such services pursuant to the terms of this chapter and
the provision of such services pursuant to Chapter 70 of Title 36. |