reglab/housing_qa huggingface dataset:
GA Code § 36-82-251 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 11 - Interest Rate Management Agreements|§ 36-82-251. Qualified Interest Rate Management Agreements Authorized

 With respect to all or any portion of any debt or lease or installment purchase contract, either issued or anticipated to be issued by the local governmental entity, the local governmental entity may enter into, terminate, amend, or otherwise modify a qualified interest rate management agreement under such terms and conditions as the local governmental entity may determine, including, without limitation, provisions permitting the local governmental entity to pay to or receive from any counterparty any loss of benefits under such agreement upon early termination thereof or default under such agreement.    (Code 1981, §36-82-251, enacted by Ga. L. 2005, p. 642, § 1/SB 227.)
GA Code § 36-82-252 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 11 - Interest Rate Management Agreements|§ 36-82-252. Plan Required; Annual Review of Plan and Report

  Prior to executing and delivering a qualified interest rate management agreement, the local governmental entity shall have adopted an interest rate management plan that includes:   An analysis of the interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the local governmental entity entering into qualified interest rate management agreements;   The local governmental entity's procedure for approving and executing qualified interest rate management agreements;   The local governmental entity's plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks;   The local governmental entity's procedure for maintaining current records of all qualified interest rate management agreements that have been approved and executed; and   Such other provisions as may from time to time be required by the governing body of the local governmental entity, including but not limited to additional provisions due to changes in market conditions for qualified interest rate management agreements.     The local governmental entity shall conduct an annual review of its interest rate management plan as to the adequacy of the procedures set forth in such plan for the analysis and monitoring requirements set forth in subsection (a) of this Code section. A report summarizing the results of such review shall be submitted annually to the governing body of the local governmental entity. The requirements of this subsection shall not be construed as to require the review of any existing interest rate management plan by an independent financial adviser.     (Code 1981, §36-82-252, enacted by Ga. L. 2005, p. 642, § 1/SB 227.)
GA Code § 36-82-254 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 11 - Interest Rate Management Agreements|§ 36-82-254. Required Information in Annual Financial Statements

 The local governmental entity that has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to each qualified interest rate management agreement it has authorized or entered into, including any information required pursuant to any statement issued by the Governmental Accounting Standards Board.    (Code 1981, §36-82-254, enacted by Ga. L. 2005, p. 642, § 1/SB 227.)
GA Code § 36-82-255 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 11 - Interest Rate Management Agreements|§ 36-82-255. Applicability of Georgia Law; Jurisdiction

 When entering into any qualified interest rate management agreement authorized under this article, the agreement shall be governed by the laws of the State of Georgia, and jurisdiction over the local governmental entity in any matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State of Georgia.    (Code 1981, §36-82-255, enacted by Ga. L. 2005, p. 642, § 1/SB 227.)
GA Code § 36-82-256 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 11 - Interest Rate Management Agreements|§ 36-82-256. Applicability to Prior Contracts

 Any contract which has been duly authorized and executed by a local governmental entity before May 2, 2005, shall not be rendered invalid or improper by the provisions of this article; provided, however, that this article shall apply to any renewal of such a contract after May 2, 2005, unless the contract permitted the renewal and set the terms of the renewal contract before January 1, 2005, in which case this article shall not apply to any such renewals.    (Code 1981, §36-82-256, enacted by Ga. L. 2005, p. 642, § 1/SB 227.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2005, "May 2, 2005," was substituted for "the effective date of this article" and "May 2, 2005," was substituted for "its effective date" in this Code section.
GA Code § 36-91-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 1 - General Provisions|§ 36-91-1. (See Editor's notes.) Short Title

 This chapter shall be known and may be cited as the "Georgia Local Government Public Works Construction Law."    (Code 1981, §36-91-1, enacted by Ga. L. 2001, p. 820, § 12.)   Cross references.   - Contracts for public works, T. 13, C. 10.   For application of this statute in 2020 and 2021, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.30.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.   A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.   Ga. L. 2001, p. 820, § 12, effective July 1, 2001, redesignated former Code Section 36-91-1 as present Code Section 36-91-2.   Law reviews.   - For article, "General Overview of Procurement Process," see 10 Ga. St. B. J. 12 (2005). For article, "Construction Law," see 70 Mercer L. Rev. 51 (2018).   JUDICIAL DECISIONS   Mandamus.    - Based on the Georgia legislature's explicitly stated intention in the Georgia Local Government Public Works Construction Law, O.C.G.A. § 36-91-1 et seq., that local laws and ordinances controlled the manner of the city's execution of and entry into contracts, a contractor was not entitled to a writ of mandamus requiring the city to execute a contract in the city's favor, as neither the mayor nor the city council exercised their discretionary authority to approve any award that might or might not have resulted from the competitive sealed proposals process. Duty Free Air & Ship Supply Co./Franklin Wilson Airport Concession, Inc. v. City of Atlanta, 282 Ga. 173, 646 S.E.2d 48 (2007).
GA Code § 36-91-23 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 2 - Contracting and Bidding Requirements|§ 36-91-23. Prohibition of Disqualification of Otherwise Qualified Bidder From Bid or Proposal or Prequalification Based Upon Lack of Previous Experience; Conditions

 In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no responsible bidder shall be disqualified from a bid or proposal or denied prequalification based upon:    A lack of previous experience with a job of the size for which the bid or proposal is being sought if:   The bid or proposal is not more than 30 percent greater in scope or cost from the responsible bidder's previous experience in jobs;   The responsible bidder has experience in performing the work for which bids or proposals are sought; and   The responsible bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought; or     A lack of previous experience with the construction delivery method to be used for the job for which the bid or proposal is being sought.     (Code 1981, §36-91-23, enacted by Ga. L. 2013, p. 126, § 2/SB 168; Ga. L. 2018, p. 343, § 2/HB 899.)    The 2018 amendment,  effective May 3, 2018, in the introductory paragraph, substituted "based upon: (1) A lack" for "based upon a lack" in the middle; redesignated former paragraphs (1) through (3) as present subparagraphs (1)(A) through (1)(C), respectively; added "; or" at the end of subparagraph (1)(C); and added paragraph (2).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2013, Code Section 36-91-23, as enacted by Ga. L. 2013, p. 628, § 6/SB 179, was redesignated as Code Section 36-91-24.
GA Code § 36-91-24 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 2 - Contracting and Bidding Requirements|§ 36-91-24. Liquidated Damages and Other Incentive Provisions for Project Completion

 Public works construction contracts may include both liquidated damages provisions for late construction project completion and incentive provisions for early construction project completion when the project schedule is deemed to have value. The terms of the liquidated damages provisions and the incentive provisions shall be established in advance as a part of the construction contract and included within the terms of the bid or proposal.    (Code 1981, §36-91-24, enacted by Ga. L. 2013, p. 628, § 6/SB 179.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2013, Code Section 36-91-23, as enacted by Ga. L. 2013, p. 628, § 6/SB 179, was redesignated as Code Section 36-91-24.
GA Code § 36-91-100 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 4 - Bidding for Government Works Projects|§ 36-91-100. Definitions

 As used in this article, the term:    "Affected local government" means any county, municipality, or consolidated government in which water storage facilities of a project are located or proposed to be located, which will receive for local use water or services from such project, or which, under a service delivery agreement entered into pursuant to Article 2 of Chapter 70 of this title, provides or is authorized to provide within an area water facilities or services similar to water facilities and services proposed to be provided by a project in such area.   "Lead local authority" means the sole local governing authority or local authority participating in a project or the local governing authority or local authority designated pursuant to subsection (b) of Code Section 36-91-102.   "Local authority" means any local water authority created by Act of the General Assembly, any authority created pursuant to the provisions of Chapter 62 of this title, and any authority created by a county, municipality, or consolidated government which provides water, sewer, or waste-water treatment services.   "Local governing authority" means any county, municipality, or consolidated government.   "Project" has the meaning provided by paragraph (10) of Code Section 12-5-471 and includes environmental facilities as defined in subparagraph (B) of paragraph (5) of Code Section 50-23-4.     (Code 1981, §36-91-100, enacted by Ga. L. 2011, p. 52, § 1/SB 122; Ga. L. 2012, p. 775, § 36/HB 942.)
GA Code § 36-91-101 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 4 - Bidding for Government Works Projects|§ 36-91-101. Authority to Enter Into Contracts; Costs; Grants or Loans; Eminent Domain

  Local governing authorities and local authorities shall be authorized to enter into contracts provided for by this article with private persons, firms, associations, or corporations providing for or delegating the responsibility for procuring all permits, licenses, and permissions from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state as necessary or required for the purpose of constructing projects within this state, and to plan, finance, construct, acquire, lease, operate, or maintain such projects or cause such projects to be planned, financed, constructed, acquired, leased, operated, or maintained. Such contracts may provide for the reimbursement to the private person, firm, association, or corporation of costs and expenses associated with the execution thereof through service payments, user fees, purchase payments, and such other consideration as the local governing authority or local authority may deem appropriate. Such contracts may provide for the assumption by such local governing authority or local authority of such projects, permits, licenses, and permissions at such times as appropriate for the construction of the project or as otherwise agreed upon.   A local governing authority or local authority may take any action to obtain federal, state, or local assistance for a project that serves the public purpose of this article and may enter into any contracts required to receive such assistance. A local governing authority or local authority may determine that it serves the public purpose of this article for all or any portion of the costs of a project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof. A local governing authority or local authority may agree to make grants or loans to the operator of a project from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof.   Nothing in this article shall be construed to delegate the power of eminent domain to any private entity with respect to any project commenced or proposed pursuant to this article. Any local governing authority may exercise the power of eminent domain in the manner provided by law for the purpose of acquiring any property or interests therein to the extent that such action serves the public purpose of this article.     (Code 1981, §36-91-101, enacted by Ga. L. 2011, p. 52, § 1/SB 122.)
GA Code § 36-91-110 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 5 - Partnership for Public Facilities and Infrastructure|§ 36-91-110. Definitions

 As used in this article, the term:    "Comprehensive agreement" means the written agreement between the private entity and the local government required by Code Section 36-91-115.   "Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand.   "Local authority" means any local authority created pursuant to a local or general Act of the General Assembly, including a joint public instrumentality.   "Local government" means any county, municipality, consolidated government, or board of education.   "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.   "Qualifying project" means any project selected in response to a request from a local government or submitted by a private entity as an unsolicited proposal in accordance with this article and subsequently reviewed and approved by a local government, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving:   The generation of electric energy for sale pursuant to Chapter 3 of Title 46;   Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46;   Cable and video services pursuant to Chapter 76 of this title; or   Water reservoir projects as defined in paragraph (10) of Code Section 12-5-471, which shall be governed by Article 4 of this chapter.     "Revenue" means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project.   "Unsolicited proposal" means a written proposal for a qualifying project that is received by a local government and is not in response to any request for proposal for a qualifying project issued by a local government.     (Code 1981, §36-91-110, enacted by Ga. L. 2015, p. 406, § 2/SB 59.)   Law reviews.   - For annual survey of administrative law, see 67 Mercer L. Rev. 1 (2015).
GA Code § 36-91-111 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 5 - Partnership for Public Facilities and Infrastructure|§ 36-91-111. Creation of Partnership for Public Facilities and Infrastructure Act Guidelines Committee; Membership; Terms; Allowances; Duties; Support

  The Partnership for Public Facilities and Infrastructure Act Guidelines Committee is established to prepare model guidelines for local governments in the implementation of this article.   The committee shall be composed of ten persons. Except for the local government officials or staff appointed to the committee, each committee member shall have subject matter expertise in architecture, construction management, engineering, finance, or real estate development. These appointments shall be made as follows:   The following members shall be appointed by the Governor:   One member or employee of a county governing authority;   One member or employee of a municipal governing authority;   One member or employee of a local board of education; and   One licensed member of the State Bar of Georgia with expertise in representing local government in public works construction.     The following members shall be appointed by the Speaker of the House of Representatives, provided that one of these appointees shall have expertise in working with local government:   One member of the business community with expertise in construction management employed by a firm with less than $25 million in annual revenue;   One member of the business community who is a licensed architect; and   One member of the business community with expertise in real estate development; and     The following members shall be appointed by the Lieutenant Governor, provided that one of these appointees shall have expertise in working with local government:   One member of the business community with expertise in construction management employed by a firm with more than $25 million in annual revenue;   One member of the business community who is a licensed professional engineer; and   One member of the business community with expertise in finance.       The terms of these committee appointments shall be for two years. At least three of these appointees shall reside outside of the metropolitan Atlanta area. The appointments shall be made as soon as feasible, but not later than August 1, 2015. The committee shall meet once a month or as needed and shall issue model guidelines to local governments no later than July 1, 2016. Such guidelines shall be updated every two years. The members of the committee shall elect a chairperson and a vice chairperson who shall serve for two-year terms in such office.   Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees.   Staff support shall be provided by the Department of Administrative Services, the Governor's office, and the Office of Planning and Budget.     (Code 1981, §36-91-111, enacted by Ga. L. 2015, p. 406, § 2/SB 59.)
GA Code § 36-91-112 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 5 - Partnership for Public Facilities and Infrastructure|§ 36-91-112. Model Guidelines

  Prior to executing any comprehensive agreement for the development or operation of a qualifying project pursuant to an unsolicited proposal received by a local government under this article, the local government shall adopt either:   The model guidelines from the Partnership for Public Facilities and Infrastructure Act Guidelines Committee; or   Its own guidelines as a policy, rule, regulation, or ordinance, which shall contain each of the factors identified in subsection (b) of this Code section.     The model guidelines shall include, at a minimum, the following:   The period of time each calendar year when the local government will consider receiving, processing, reviewing, or evaluating unsolicited proposals for qualifying projects, and such limited time period shall be established within the sole discretion of the local government;   Procedures for the financial review and analysis of an unsolicited proposal that may include:   A cost-benefit analysis;   Evaluation of the public need for or benefit derived from the qualifying project;   Evaluation of the estimated cost of the qualifying project for reasonableness in relation to similar facilities;   Evaluation of the source of funding for the project;   Consideration of plans to ensure timely development or operation;   Evaluation of risk sharing, including cost or completion guarantees, added value, or debt or equity investments by the private entity; and   Consideration of any increase in funding, dedicated revenue source, or other economic benefit that would not otherwise be available;     Criteria for determining any fees authorized in Code Section 36-91-113 that the local government elects to charge the private entity for the processing, review, and evaluation of an unsolicited proposal;   A requirement for the issuance of a request for proposals upon a decision by the local government to proceed with a qualifying project pursuant to an unsolicited proposal;   Procedures for posting and publishing notice of the opportunity to offer competing proposals;   Procedures for the processing, review, and consideration of competing proposals, and the period for the processing, review, and consideration of competing proposals shall not be less than 90 days;   Procedures for determining whether information included in an unsolicited proposal shall be released as part of any request for proposals to ensure fair competition; and   Procedures for identifying and appointing an independent owner adviser to the local government with expertise in architecture, engineering, or construction management to assist in the evaluation of an unsolicited proposal and to serve as owner adviser to the local government if the local government chooses to pursue any ensuing solicited bid process. The local government shall not be obligated to engage such services.       (Code 1981, §36-91-112, enacted by Ga. L. 2015, p. 406, § 2/SB 59.)