GA Code § 36-62-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 62 - Development Authorities|§ 36-62-2. Definitions

 As used in this chapter, the term:    "Authority" means each public corporation created pursuant to this chapter.   "Cost of project" includes:   All costs of construction, purchase, or other form of acquisition;   All costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates and the securing of such franchises, permits, approvals, licenses, and certificates and the preparation of applications therefor;   All machinery, equipment, initial fuel, and other supplies required for such project;   Financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation;   Costs of engineering, architectural, and legal services;   Fees paid to fiscal agents for financial and other advice or supervision;   Cost of plans and specifications and all expenses necessary or incidental to the construction, purchase, or acquisition of the completed project or to determining the feasibility or practicability of the project; and   Administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this chapter.  There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this chapter.      "County" means any county of this state.   "Governing body" means the elected or duly appointed officials constituting the governing body of each municipal corporation and county in the state.   "Municipal corporation" means each city and town in the state.   "Project" includes:   Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, provided that none of the improvements described in this sentence shall be the primary purpose of any project;   The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities located or to be located within the area of operation of the authority;   The acquisition, construction, improvement, or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located within the area of operation of the authority;   The acquisition, construction, improvement, or modification of any property, real or personal, used as air or water pollution control facilities which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same is to serve and which is necessary for the public welfare, provided that for the purposes of this subparagraph, the term "air pollution control facility" means any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, altering, disposing of, or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, state, or local standards for abatement or control of atmospheric pollutants or contaminants; and provided, further, that for the purpose of this subparagraph, the term "water pollution control facility" means any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing, or storing pollutants, contaminants, wastes, or heat, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, holding ponds, lagoons, and appurtenances thereto, if such facility is in the furtherance of applicable federal, state, or local standards for the abatement or control of water pollution or contamination;   The acquisition, construction, improvement, or modification of any property, real or personal, used as or in connection with a sewage disposal facility or a solid waste disposal facility which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industries which the same is to serve and which is necessary for the public welfare, provided that if such facility is to be operated by, or is to serve related facilities of, a political subdivision or municipal corporation of this state or an agency, authority, or instrumentality thereof, for its general constituency, the certification need only state that such facility is necessary for the public welfare; provided, further, that for the purposes of this subparagraph, the term "sewage disposal facility" means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subparagraph, the term "solid waste disposal facility" means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this subparagraph, the term "solid waste" means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste-water effluents, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word "garbage" includes putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products but excludes sewage and human wastes; and the word "refuse" includes all nonputrescible wastes;   The acquisition, construction, improvement, or modification of any property, real or personal or both, used as a peak shave facility, provided that "peak shave facility" shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally understood to describe a storage facility for the purpose of avoiding undesirable consequences in the distribution system during peak periods of consumption; and any project involving a "peak shave facility" may be undertaken as otherwise provided in this chapter;   The acquisition, construction, leasing, improvement, or modification of any facilities and any property, real or personal or both, useful or necessary in the transportation of persons or property by air, provided that such projects shall not include the creation of airports or airport terminal facilities or improvements thereon, except as incidentally related to the furnishing of transportation of persons or property by air as provided in this subparagraph; such projects may include, but shall not be limited to, aircraft, aircraft maintenance and reconditioning equipment, aircraft communications equipment and facilities for the maintenance and repair of such equipment, ground support equipment and facilities used by aircraft, any necessary or useful real or personal property or rights to such property, all licenses, storage facilities including storage and distribution facilities for fuel, and the acquisition, modernization, or expansion of existing facilities or systems for transportation of persons or property by air, all as determined by the authority, which determination shall be final and not subject to review; such projects for the transportation of persons or property by air are authorized to assist state and local governments to secure adequate systems of transportation of passengers for hire as authorized by law and for the development of trade, commerce, industry, and employment opportunities; and such projects for the transportation of persons or property by air may be undertaken to the same extent and on the same conditions as otherwise provided in this chapter for other facilities, except that such projects may be authorized only for air transportation systems which are not eligible to receive subsidies from the federal government at the time the project is undertaken, only where the corporate headquarters, the general maintenance, repair, support, and communication facilities, the general reservations, scheduling, and dispatch facilities, and the personal residence of the majority of the employees are all located within the geographic jurisdiction of the authority, and only if the aircraft are routinely dispatched from and returned to the geographic jurisdiction of the authority, provided that the operation of flight equipment and incidental ground support facilities and equipment and the location of employees of such a project outside of the geographic jurisdiction of the authority shall not be prohibited if the conditions specified in this subparagraph are met; and provided, further, that no city, county, political subdivision, or any development authority may ever operate any such facility and the same must be acquired and operated by a private company or individual who shall guarantee the repayment of any obligations assumed, who shall be fully responsible for all operating expenses and losses, and who shall be taxable as any other private undertaking would be;   The acquisition, construction, improvement, or modification of any property, real or personal, which shall be suitable for or used as or in connection with:   Sports facilities, including private training and related office and other facilities when authorized by the governing authority of the political subdivision or municipal corporation in which the facility is to be constructed and maintained if such sports facilities promote trade, commerce, industry, and employment opportunities by hosting regional, state-wide, or national events;   Convention or trade show facilities;   Airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing;   Facilities for the local furnishing of electric energy or gas;   Facilities for the furnishing of water, if available, on reasonable demand to members of the general public;   Hotel and motel facilities for lodging which also may provide meals, provided that such facilities are constructed in connection with and adjacent to convention, sports, or trade show facilities. No project as defined by this division shall be exempt from any ad valorem taxation; and   Amphitheaters with seating capacity exceeding 1,000 patrons and any facilities directly related to the operation of such amphitheaters, if such amphitheaters promote trade, commerce, industry, and employment opportunities by hosting regional, state-wide, or national events;     The acquisition or development of land as the site for an industrial park, provided that for purposes of this subparagraph, the term "development of land" includes the provision of water, sewage, drainage, or similar facilities or transportation, power, or communication facilities which are incidental to use of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings;   The acquisition, construction, leasing, or financing of:   An office building facility and related real and personal property for use by any business enterprise or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state and which shall be adjacent to or used in conjunction with any other existing or proposed project defined in this paragraph, which existing or proposed project is located within the area of operation of the authority and which is used or intended to be used by such business enterprise or charitable corporation, association, or similar entity; or   A separate office building facility and related real and personal property for use by any business enterprise or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state.    No such office building facility as defined in this subparagraph shall be undertaken by an authority unless the authority determines that the business enterprise or charitable corporation, association, or similar entity to use such facility will be the primary tenant;    Any one or more buildings or structures used or to be used as a skilled nursing home or intermediate care home subject to regulation and licensure by the Department of Community Health and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities;  (K.1) The provision of financing to property owners for the purpose of installing or modifying improvements to their property in order to reduce the energy or water consumption on such property or to install an improvement to such property that produces energy from renewable resources;    The acquisition, construction, design, engineering, improvement, leasing, maintenance, modification, rebuilding, and repair of any facilities and any property utilized in connection with a community antenna television system or any combination of the foregoing, including all necessary or useful land or rights in land and all necessary or useful furnishings, machinery, vehicles, equipment, and parking facilities, all as determined by the authority, which determination shall be final and not subject to review; such projects are authorized to promote the expansion and development of the cable communication industry, to enhance employment opportunities throughout this state, and to encourage local origination programming by community antenna television systems on one or more channels, to include, but not be limited to, public access, government, and education programs; and the installation of such community antenna television systems shall not occur in areas adequately served by private enterprise;   The acquisition, construction, equipping, improvement, modification, or expansion of any property, real or personal, for use as or in connection with research and development facilities. As used in this subparagraph, the term "research and development facilities" means any property used in whole or in substantial part in conducting basic and applied research for commercial, industrial, or governmental institutions in connection with institutions of higher education, which research is determined by the authority to contribute to the development and promotion of trade, commerce, industry, and employment opportunities for the public good and general welfare in furtherance of the purposes for which the authority was created. The authority's determination as to such matters shall be final and not subject to review; and   The acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities.A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determines, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter.      (Ga. L. 1963, p. 531, § 2; Ga. L. 1969, p. 137, § 1; Ga. L. 1971, p. 177, § 1; Ga. L. 1975, p. 1259, § 1; Ga. L. 1976, p. 708, §§ 1, 2; Ga. L. 1976, p. 1483, § 1; Ga. L. 1977, p. 789, § 1; Ga. L. 1978, p. 1162, §§ 1, 2; Ga. L. 1979, p. 413, § 1; Ga. L. 1980, p. 1332, § 1; Ga. L. 1981, p. 1457, §§ 1, 2; Ga. L. 1982, p. 3, § 36; Ga. L. 1982, p. 1706, §§ 1, 6; Ga. L. 1984, p. 22, § 36; Ga. L. 1988, p. 685, § 1; Ga. L. 1992, p. 2533, § 18; Ga. L. 1996, p. 1105, § 1; Ga. L. 2003, p. 390, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2010, p. 261, § 2/HB 1388.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, a comma was inserted following "power" in subparagraph (6)(D).   Editor's notes.   - Ga. L. 1978, p. 1162, § 3, which Act deleted language at the end of paragraph (6) and added subparagraphs (H) and (I) to paragraph (6), provides that if any provision of § 1 or § 2 of the Act is held to be invalid or inoperative, the remaining provisions of the Act shall be deemed to be void and of no effect.   Ga. L. 1979, p. 413, § 3, which Act added subparagraph (J) of paragraph (6) provides that if any provision of § 1 or § 2 of the Act is held to be invalid or inoperative, the remaining provisions of the Act shall be deemed to be void and of no effect.   Ga. L. 1980, p. 1322, § 3, which Act added subparagraph (K) of paragraph (6), provides that if any part of the Act is declared unconstitutional, such adjudication shall affect the other parts of the Act, which shall thereafter be of no force and effect.   Law reviews.   - For annual survey article on local government law, see 52 Mercer L. Rev. 341 (2000).   JUDICIAL DECISIONS   Constitutionality of subparagraph (6)(K).    - Subparagraph (6)(K) of O.C.G.A. § 36-62-2 is not contrary on the statute's face to Ga. Const. 1976, Art. IX, Sec. VIII, Para. II (see now Ga. Const. 1983, Art. IX, Sec. VI, Paras. III and IV). Development Auth. v. Beverly Enters., 247 Ga. 64, 274 S.E.2d 324 (1981).   Paragraph (6)(N) was constitutional.    - Trial court erred in refusing to validate $35 million in revenue bonds under O.C.G.A. § 36-62-2(6)(N) to finance a grocery store because the store was a traditional, for-profit business enterprise, and employment opportunities at the new grocery store were, therefore, opportunities resulting directly from the trade or commerce to be financed. The trial court also erred in holding paragraph (6)(N) as unconstitutional in violation of the uniformity provision of Ga. Const. 1983, Art. IX, Sec. VI, Para. III. Dev. Auth. v. State of Ga., 306 Ga. 375, 829 S.E.2d 160 (2019).    Definition of "project" was not intended to encompass retail grocery stores, just as it was not intended to encompass gasoline filling stations or retail hardware, clothing or drug stores, restaurants or fast food outlets, or similar endeavors. Day v. Development Auth., 248 Ga. 488, 284 S.E.2d 275 (1981).    Golf course proposed to be constructed by a development authority violated both the Ga. Const. 1983, Art. IX, Sec. VI, Para. III and the Development Authority Law (O.C.G.A. § 36-62-1 et seq.) because it is neither a sports facility nor for the public purpose of developing trade, commerce, and industry. Haney v. Development Auth., 271 Ga. 403, 519 S.E.2d 665 (1999).    "Convention facility" is a means used to facilitate assembly of members of a particular group; when the evidence supports a finding that the purpose of a project for a motel with a meeting room is to attract groups of up to 150 persons meeting for a particular purpose, by offering lodging and a meeting room which will accommodate the group, the project is a "convention facility" within the meaning of subparagraphs (6)(H)(ii) and (vi) of O.C.G.A. § 36-62-2, and therefore is a permissible project under the Development Authority Law. Alexander v. Macon-Bibb County Urban Dev. Auth. & Urban Properties #47, 257 Ga. 181, 357 S.E.2d 62 (1987).   Failure to meet characteristics of office building or hotel facility.    - In a taxpayers' suit against a county and officials, the court upheld the grant of summary judgment to the county because the testimony of counsel for the taxpayers was insufficient to create an issue of material fact on the taxpayer's claims in regard to the tax-exempt status of the county development authority-owned properties as there was no evidence that any of the properties actually possessed the characteristics of an office building or hotel facility as defined in O.C.G.A. § 36-62-2. SJN Props., LLC v. Fulton County Bd. of Assessors, 296 Ga. 793, 770 S.E.2d 832 (2015).   Bond validation upheld.    - Trial court orders validating the bonds for all three portions of a county project were upheld because the challengers cited no deficiencies that the county did not comply with O.C.G.A. § 36-82-75, the county provided unrebutted testimony that the office, hotel, and retail projects would provide economic benefits to the county and state, and that issuance of the bonds was in the public interest and, thus, qualified as projects within the meaning of O.C.G.A. § 36-62-2(6)(N). Long v. Development Authority of Fulton County, 352 Ga. App. 815, 835 S.E.2d 717 (2019).    Georgia Court of Appeals held that under the plain language of O.C.G.A. § 36-62-2, a development authority was authorized by the statute's catchall provision of paragraph (6)(N) to pursue an office project, but only if that project meets that subsection's requirement that a majority of the members of the authority determines and adopts a resolution that the office project would further the public purpose of the law. Long v. Development Authority of Fulton County, 352 Ga. App. 815, 835 S.E.2d 717 (2019).    Cited in Odom v. Union City Downtown Dev. Auth., 251 Ga. 248, 305 S.E.2d 110 (1983).   OPINIONS OF THE ATTORNEY GENERAL   Planning commissioner is public officer.   - Member of municipal or county planning commission is a "public officer." 1969 Op. Att'y Gen. No. 69-488.   RESEARCH REFERENCES   C.J.S.   - 64 C.J.S., Municipal Corporations, § 1602 et seq.   ALR.   - Abstention from voting of member of municipal council present at session as affecting requisite voting majority, 63 A.L.R.3d 1072.