Title 50, Chapter 32, Section 51
( 50-32-51)
(a) For the purposes of this Code section, the term "lease
agreement" shall mean and include a lease, operating lease rental
agreement, usufruct, sale and lease back, or any other lease
agreement having a term of not more than 50 years and concerning
real, personal, or mixed property, any right, title, or interest
therein by and between the state, the authority, a local government,
or any combination thereof. (b) A local government by resolution of its governing body may enter
into a lease agreement for the provision of land public
transportation or air quality services utilizing facilities owned by
the authority upon such terms and conditions as the authority shall
determine to be reasonable including, but not limited to, the
reimbursement of all costs of construction and financing and claims
arising therefrom. (c) No lease agreement shall be deemed to be a contract subject to
any law requiring that a contract shall be let only after receipt of
competitive bids. (d) Any lease agreement may provide for the construction of such
land public transportation or air quality facility by the local
government as agent for the authority. In such event, all contracts
for such construction shall be let by such local government in
accordance with the provisions of law otherwise applicable to the
letting of such contracts by such local government and with the
provisions of state law pertaining to prevailing wages, labor
standards, and working hours. Any such lease agreement may contain
provisions by which such local government shall indemnify the
authority against any and all damages resulting from acts or
omissions to act on the part of such local government or its
officers, agents, or employees in constructing such facility or
facilities, in letting any contracts in connection therewith, or in
operating and maintaining the same. (e) Any lease agreement executed by the authority directly with any
local government may provide at the termination thereof that title
to the land public transportation or air quality facility project
shall vest in the local government or its successor in interest, if
any, free and clear of any liens or encumbrances created in
connection with any contract or bonds, revenue bonds, notes, or
other obligations involving the authority. (f) Any lease agreement directly between the state or authority and
a local government may contain provisions requiring the local
government to perform any or all of the following: (1) In the case of a land public transportation facility, to
establish and collect rates, fees, and charges so as to produce
revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, replacement,
and repairs of the land public transportation facility of such
local government; and (B) Outstanding bonds, revenue bonds, notes, or other
obligations incurred for the purposes of such land public
transportation facility and to provide for the payment of all
amounts as they shall become due and payable under the terms of
such lease agreement, including amounts for the creation and
maintenance of any required reserves; (2) In the case of an air quality facility, to establish and
collect rents, rates, fees, and charges so as to produce revenues
sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of
the air quality facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other
obligations incurred for the purposes of such air quality
facility and to provide for the payment of all amounts as they
shall become due and payable under the terms of such lease
agreement, including amounts for the creation and maintenance of
any required reserves; (3) To create and maintain reasonable reserves or other special
funds; (4) To create and maintain a special fund or funds as additional
security for the punctual payment of any rentals due under such
lease agreement and for the deposit therein of such revenues as
shall be sufficient to pay said lease rentals and any other
amounts becoming due under such lease agreements as the same shall
become due and payable; or (5) To perform such other acts and take such other action as may
be deemed necessary and desirable by the authority to secure the
complete and punctual performance by such local government of such
lease agreements and to provide for the remedies of the authority
in the event of a default by such local government in such
payment. |