reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-209 - Revenue bonds - Status as constituting debt or pledge of credit of state; effect of issuance of bonds on obligation of state to tax or make appropriations; recitals on face of bonds

Bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the state. Such bonds shall be payable solely from the fund provided for in Code Section
12-3-212
; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-210 - Revenue bonds - Securing bonds by trust indenture

(a)
In the discretion of the association, any issue of bonds may be secured by a trust indenture by and between the association and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state.
(b)
Resolutions providing for the issuance of bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bondholders, including the right to the appointment of a receiver for the project upon the default of any principal or interest payment upon the bonds thereof, and including the right of any receiver or indenture trustee to enforce collections of rents, revenues, or other charges for the use of the project necessary to pay all costs of operation, the principal and interest on the issue, the cost of collection, and all things reasonably necessary to accomplish the collection of such sums, in the event of any default of the association.
(c)
Such resolutions or trust indentures may include covenants setting forth the duties of the association in relation to the acquisition of the property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys and may also contain provisions concerning the conditions, if any, upon which additional bonds may be issued. An indenture may also set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition, an indenture may contain such other provisions as the association may deem advisable, reasonable, and proper for the security of the bondholders.
(d)
It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the association.
(e)
All expenses incurred in carrying out such trust indenture may be treated either as a part of the cost of maintenance, operation, and repair of the project affected by such indenture or as an administrative expense of the association.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-211 - Revenue bonds - Designation of recipient of bond proceeds

The association shall, in the resolution providing for issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-212 - Revenue bonds - Establishment of sinking funds for payment of principal, interest, and other costs

(a)
The revenues, rents, and earnings derived from the project may be pledged by the association to the payment of principal and interest on bonds of the association as any resolution authorizing the issuance of the bonds or any trust instrument may provide. Such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture.
(b)
All such sinking funds shall be pledged to and charged with the payment of:
(1)
The interest upon such bonds as such interest shall fall due;
(2)
The principal of the bonds as the same shall fall due;
(3)
The necessary charges of paying agents for paying principal and interest; and
(4)
Any premium upon bonds retired by call or purchase as provided in Code Section
12-3-199
.
(c)
The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture; but, except as may otherwise be provided in such resolutions or trust indentures, such sinking funds, individually, shall be funds for the benefit of all revenue bonds without distinction or priority of one over another.
(d)
Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any moneys in all sinking funds, after all bonds and interest thereon for which such sinking funds were pledged have been paid, may be paid into the association fund provided for in Code Section
12-3-199
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-213 - Revenue bonds - Revenue refunding bonds

The association is authorized, subject to the provisions of any prior resolution or trust indenture, to provide by resolution for the issuance of refunding bonds of the association for the purpose of refunding any bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the association in respect to the same shall be governed by this part insofar as the same may be applicable.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-214 - Revenue bonds - Remedies of bondholders, coupon holders, and trustee

Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if there are any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the association or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the association upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the association may possess against the state or any department, agency, or institution of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the association and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon or the right to enforce the payment thereof against any property of the state; nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state, provided that any provision of this part or any other law to the contrary notwithstanding, any such holder, receiver, or trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials with the provisions of Article VII, Section IV of the Constitution of Georgia, and permission is given for the institution of any such proceedings to compel the payment of lease obligations.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-215 - Revenue bonds - Status as legal investment and as securities for deposits

The bonds authorized by this part shall be securities in which all public officers and bodies of the state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, saving banks, and saving associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-216 - Revenue bonds - Protection of bondholders; part as constituting a contract with bondholders

While any of the bonds issued by the association remain outstanding, the powers, duties, or existence of the association or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; nor will the state itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance of all project rental or lease contracts and all the covenants thereof entered into under this part. This part shall be for the benefit of the state, the association, and each and every holder of the association's bonds and, upon and after the issuance of bonds under this part, shall constitute an irrevocable contract with the holders of such bonds.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-217 - Revenue bonds - Validation

Bonds of the association shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-218 - Moneys received by association as constituting trust funds; bondholders' lien on funds

All moneys received pursuant to the authority of this part, whether as proceeds from the sale of bonds or as revenues, tolls, and earnings, shall be deemed trust funds to be held and applied solely as provided in this part. The bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indenture of the association.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 6 - MEMORIALS (§§ 12-3-130 — 12-3-220) › Part 4 - STONE MOUNTAIN MEMORIAL ASSOCIATION (§§ 12-3-190 — 12-3-220) › Section 12-3-220 - Venue and jurisdiction for actions under part

Any action to declare, protect, or enforce any rights or duties under this part, brought in the courts of the state, shall be brought in the Superior Court of DeKalb County, Georgia; and any action pertaining to validation of any bonds issued under this part shall likewise be brought in such court, which shall have exclusive original jurisdiction of such actions.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-230 - Short title

This part may be cited as the "Jekyll Island-State Park Authority Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-232 - Creation of authority as instrumentality of state and public corporation; delegation of powers and duties; duration of existence

(a)
There is created a body corporate and politic to be known as the Jekyll Island-State Park Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority may delegate to one or more of its members, or to its officers, agents, and employees, such powers and duties as it may deem proper. The authority shall exist for 99 years and, upon the expiration thereof, shall exist for an additional 40 years.
(b)
The authority is assigned to the Department of Natural Resources for administrative purposes only.
Amended by 2007 Ga. Laws 367,§ 3, eff. 5/30/2007.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-233.1 - Jekyll Island Citizens Resource Council; purpose; members; meetings; reimbursement for expenses

(a)
The Governor shall appoint a body to be known as the Jekyll Island Citizens Resource Council. The purpose of the Citizens Resource Council shall be to improve, foster, and encourage communication and the exchange of thoughts and ideas between the authority and the community of persons interested in Jekyll Island including, but not limited to, residents of Jekyll Island; owners, operators, and employees of businesses located on or providing services to Jekyll Island; and environmental organizations.
(b)
The Citizens Resource Council shall consist of seven members. Three members shall be representative of the Jekyll Island residential and business community with two of these members being residents of Jekyll Island and one being an owner, manager, or employee of a business or commercial facility located on Jekyll Island. Four members shall be appointed at large. The term of each member shall be for two years, provided that of the members first appointed, three shall be appointed for terms of one year, and four for terms of two years. Vacancies shall be filled by similar appointment for unexpired terms.
(c)
The Citizens Resource Council shall meet once a month. The meetings shall be attended by the authority's executive director and at least one member of the authority. Once in every calendar quarter, the meeting of the Citizens Resource Council shall be held as a town meeting at which comments and sentiments from the Jekyll Island community at large may be received.
(d)
The Citizens Resource Council shall be available to consult with the authority, if requested by the authority to do so, as to the authority's programs, projects, and actions concerning Jekyll Island. The Citizens Resource Council may also, upon request of the authority, review and prepare written comments on proposed authority plans and projects. Such written comments may be submitted to the authority's executive director, the authority, and the Governor.
(e)
Members of the Citizens Resource Council shall serve without compensation, but its members who are not employees or officials of state or local governmental entities shall receive reimbursement from funds available to the authority for their actual expenses necessarily incurred in the performance of their duties.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-234 - Accountability of authority members as trustees; maintenance of financial records and books; creation of Jekyll Island-State Park Authority Oversight Committee

(a)
The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together with a proper statement of the authority's financial position, once a year on or about December 31 to the state auditor and to the Jekyll Island-State Park Authority Oversight Committee. The books and records shall be inspected and audited by the state auditor at least once in each year. The authority shall also submit a quarterly summary of each lease and contract agreement involving an amount in excess of $50,000.00 to the legislative oversight committee. Upon request, a copy of the lease or contract agreement or other documents so requested shall be provided to the members of the oversight committee.
(b)
There is created as a joint committee of the General Assembly the Jekyll Island-State Park Authority Oversight Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House, one of whom shall be from the House Committee on State Properties, and three members of the Senate appointed by the President of the Senate, one of whom shall be from the Senate Committee on State Institutions and Property. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee during odd-numbered years. The chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee during even-numbered years. The chairperson and vice chairperson shall serve terms of one year beginning January 1, 2007. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall advise the General Assembly regarding the authority's compliance with the provisions required by this part. The committee shall meet upon the call of the chairperson.
Amended by 2013 Ga. Laws 33,§ 12, eff. 4/24/2013.
Amended by 2007 Ga. Laws 367,§ 5, eff. 5/30/2007.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-236 - Exercise of police power of authority; delegation of power to state or county

The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, user, and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state. The authority may delegate all or any part of performance of this function temporarily or permanently to the state or the county in which the park is located, or both.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-236.1 - Adoption and enforcement of ordinances and resolutions

(a)
The authority shall have legislative power to adopt reasonable ordinances and resolutions relating to the property, affairs, and government of Jekyll Island, including, without limitation, ordinances and resolutions adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section
40-6-372
, for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of Georgia. Such ordinances and resolutions shall be enforced by the authority and members of the Uniform Division of the Department of Public Safety. Members of the Uniform Division of the Department of Public Safety are authorized to serve and execute warrants and to make arrests for violation of such ordinances and resolutions and shall, upon and within the limits of Jekyll Island, have the same authority, powers, and privileges regarding enforcement of law as the several sheriffs of this state, which authority, powers, and privileges shall be in addition to and not in limitation of all other powers of members of the Uniform Division of the Department of Public Safety as provided by law. Prosecutions for violations of the ordinances of the authority shall be upon citation or upon accusation as provided in Code Sections
15-10-62
and
15-10-63
. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section
15-10-63
.
(b)
For purposes of this Code section, the Magistrate Court of Glynn County shall have jurisdiction and authority to hear and try those cases occurring within the limits of Jekyll Island in which a person is charged with violating an ordinance of the authority and to punish violations of such ordinances, all in the manner and to the extent prescribed in Article 4 of Chapter 10 of Title 15. The State Court of Glynn County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of Glynn County for jury trial by any defendant charged with one or more violations of the ordinances of the authority. The Superior Court of Glynn County shall have jurisdiction to review all convictions by petition for review to the superior court. The proceedings on such petitions for review shall be governed by Chapter 3 of Title 5. The jurisdiction and authority of the courts of Glynn County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided.
Amended by 2022 Ga. Laws 875,§ 2-6, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-236.2 - Continuation of ordinances and resolutions of authority in force as of April 13, 1981

All of the provisions of any ordinances and resolutions adopted by the authority and which, as of April 13, 1981, are in force and effect and which are not inconsistent with nor repugnant to Code Section
12-3-236.1
and not in conflict with the Constitution or the general laws of Georgia or the Constitution of the United States shall remain in full force and effect, provided that the authority may at any time repeal, alter, or amend any of such ordinances and resolutions.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-237 - Rules and regulations for operation of projects authorized

It shall be the duty of the authority to prescribe rules and regulations for the operation of each project or combination of projects constructed under this part, including rules and regulations to ensure maximum use or occupancy of each such project.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-238 - Easements and rights of way for intracoastal waterway

The authority shall be authorized to execute to the United States of America such spoilage easements and rights of way in the property leased to the authority by this part as shall be necessary in the construction and maintenance of the intracoastal waterway. Such easements and rights of way shall not exceed in length such period of time as the authority is to exist under this part.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-239 - Establishment of museum

The authority shall retain all books, china, furnishings, materials, and other personal property which are intrinsically associated with the history of Jekyll Island and its previous owners, so that an appropriate museum thereof may be later established.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-240 - Transfer of funds to authority; cooperation between authority and department

The Office of Planning and Budget is authorized to transfer sufficient funds in the manner provided in Code Section
45-12-72
to provide for the development and operation of the facilities on Jekyll Island, which development and operation shall be carried on by the authority under agreement with the department.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-241 - Lease to authority of Jekyll Island, adjacent marshes and marsh islands, rights of way, and rights and privileges of every kind

(a)
To the authority is granted, for and on the part of the State of Georgia, a lease for a term of 99 years, beginning on February 13, 1950, which term shall be automatically extended an additional 40 years upon the ending of the initial term. The lease shall be for all of that island of the State of Georgia, County of Glynn, being known as Jekyll Island and the marshes and marsh islands adjacent and adjoining the same owned by the State of Georgia; being that island of 11,000 acres, more or less, lying east of the mainland coast of Georgia, County of Glynn, bounded on its easterly shore by the Atlantic Ocean; bounded upon its northerly shore by Brunswick River, bounded on its westerly shore by Brunswick River, Jekyll Creek, Jekyll River, and Jekyll Sound; and bounded on its southerly shore by Jekyll Sound, together with the adjacent and adjoining marshes and marsh islands; which properties may also be described as all of the lands acquired by the State of Georgia in a certain condemnation proceeding,
State of Georgia vs. Jekyll Island Club, Inc., et al.
, filed June 6, 1947, in Glynn County Superior Court; which properties may also be described in all conveyances, conveying any and all parts of Jekyll Island and the adjacent and adjoining marshes and marsh islands to the State of Georgia, recorded upon the official deed books of Glynn County as of February 13, 1950, all and each one of said conveyances being, by reference, expressly incorporated into this Code section and made in their entireties a part hereof.
(b)
Also included in the lease granted by this Code section are all rights, rights of ways, water rights, immunities, easements, profits, appurtenances, and privileges thereof or relating thereto of every kind; all improvements, permanent or temporary, located thereon or dedicated to the use or service thereof; and in addition all personal property or property of any kind of the State of Georgia located thereon or dedicated to the use or service thereof.
(c)
This lease shall be for and in consideration of $1.00 annually for each calendar year or fraction thereof paid in hand to and receipted for by the Office of the State Treasurer, and in consideration of the reasonable compliance of the authority with this part; provided, that the grant and conveyance made by this Code section shall include the right of the authority to dispose of that portion of the personal property conveyed by this Code section as is defined in paragraphs (2) and (3) of Code Section
12-3-235
.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
Amended by 2007 Ga. Laws 367,§ 6, eff. 5/30/2007.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-242 - Lease payments by authority as constituting good, valuable, and sufficient consideration

It is found, determined, and declared that the consideration paid and given and to be paid and given to the State of Georgia by the authority for its leasehold and privileges thereunder is good and valuable and sufficient consideration therefor and that this action on the part of the authority and the state is in the interest of the public welfare of the State of Georgia and its citizens.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-244 - Subdivision, improvement, lease, or sale of island by authority - Sale and lease restrictions

The leasing and sale of subdivided lots shall be under restrictive limitations as to the use, style, and character of the structures allowable thereon and such other limitations as the authority may deem wise. Any and all such restrictions may be incorporated in the leases and deeds as covenants and warranties and may, at the discretion of the authority, provide for termination and forfeiture upon breach. In the event of a breach of any such covenants and warranties, the authority is empowered to take such action as shall further and preserve its own best interest and the best interest of the state.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-245 - Subdivision, improvement, lease, or sale of island by authority - Term of leases; assignment; preservation, continuance, and survival of rights and privileges

The leasing of the subdivided lots shall be for not more than 99 years. Such leases as the authority shall designate may be made freely assignable, subject to all the liabilities, obligations, and duties imposed upon the lessee by the authority in its original lease. In its leasehold conveyance or rental contracts, the authority may create and provide for the preservation of such rights and privileges in the present or future security grantees, mortgagees, or other lenders upon the security of the lessee's or tenant's rights, as the authority may deem wise. Such rights and privileges, when created, may also provide for their continuance or survival after termination or forfeiture of the original leasehold or rental contract.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-246 - Subdivision, improvement, lease, or sale of island by authority - Limitation as to number of lots to be leased or sold to one party

(a)
Subject to the exceptions provided in subsections (b), (c), (d), and (e) of this Code section, no person, partnership, or corporation except the authority may, during the life of the authority, hold under lease or by deed or any combination of leases and deeds a total of more than three lots in the residential subdivisions made on Jekyll Island by the authority.
(b)
No violation of the limitation provided in subsection (a) of this Code section by any party shall in any wise affect the good and sufficient title of any bona fide assignee or transferee or any subsequent assignee or transferee thereof.
(c)
The limitation provided in subsection (a) of this Code section shall not apply to any bank, insurance company, building and loan association, mortgage loan company, or federal or state lending agency which may be holding lots under lease or by deed or under any combination of leases and deeds by virtue of foreclosure of loans made upon the security or improvements erected or existing on such lots.
(d)
The authority may waive the limitation provided in subsection (a) of this Code section as regards groups of not more than 25 lots if the lessee or owner thereof is a person or a corporation or other business enterprise engaged in the construction and sale of houses, and such entity covenants to erect houses upon the lots so leased or owned and to sell and assign all lots so leased or owned as improved within a reasonable period of time as determined by the authority.
(e)
The authority may waive the limitation provided in subsection (a) of this Code section as regards groups of not more than 25 lots when the lessee or owner thereof covenants to erect or causes to be erected a shopping center or business block or housing project thereon which, when completed, shall be offered for rental or sale, unit by unit, upon such terms and conditions as may be agreed to by the authority.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-247 - Subdivision, improvement, lease, or sale of island by authority - Conditions on sale of residential lots; sale of commercial property; sale price; payment of state's share into state treasury

(a)
The authority shall not sell any residential lot unless obligated to do so under the terms of a valid lease agreement entered into prior to May 30, 2007, and such a sale shall be made only to the person who shall hold such lease, his or her assignee, or assigns. No conveyance of the fee simple title to any residential lot shall be made until the lessee of such lot has performed all the obligations regarding the improvement and erection of structures on the lot as are imposed by the lease.
(b)
The authority shall not sell any commercial property on which improvements were erected prior to March 1, 1957; and the authority shall not sell any other commercial property unless obligated to do so under the terms of a valid lease agreement entered into prior to May 30, 2007, in which event the commercial property may be sold in the same manner as provided by this part for the sale of leased residential lots.
(c)
All sales of residential lots and commercial property shall be made at the conversion price set by the authority in accordance with Code Section
12-3-250
, provided that any person who purchases any residential lot sold by the authority shall be entitled to credit on the purchase price to the extent of all payments made by him or his assignors or predecessors in interest on such lease, provided that such credit shall not exceed the purchase price of such lot. If such credit shall equal the purchase price for such lot, the lessee shall be entitled to a conveyance of the fee simple title to such lot, and the authority shall thereupon pay into the state treasury an amount equal to the value of the state's interest in such property as determined as provided in Code Section
12-3-249
. The authority shall establish proper reserves to ensure that funds will be available for such purpose.
(c.1)
On and after May 30, 2007, the authority shall not enter into, extend, or renew any agreement providing for the sale of any residential or commercial lot on Jekyll Island, and Code Section
12-3-250
shall not apply to any new, extended, or renewed agreement.
(d)
No credit shall be allowed to purchasers of commercial property for any prior rental payments.
Amended by 2007 Ga. Laws 367,§ 9, eff. 5/30/2007.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-248 - Subdivision, improvement, lease, or sale of island by authority - Sales of property for which approval by General Assembly is required

Notwithstanding any other provision of this part, the authority shall under no circumstances sell any real property on Jekyll Island on which a building or buildings were standing at the time the island was leased to the authority, without the express prior approval of the General Assembly to such sale or sales.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-249 - Subdivision, improvement, lease, or sale of island by authority - Publication of schedule of lease rentals; applications exceeding available lots; leasing by negotiation; leases as constituting contracts

(a)
The lots in the various subdivisions created on Jekyll Island by the authority may be leased either singly or in groups deemed appropriate by the authority, only after publication of a complete schedule of the lease rentals applicable to the lots in the official organs of Glynn and Fulton counties.
(b)
If at any time the number of acceptable applications for lots received by the authority shall exceed the number of lots available in any one of the property subdivisions created by the authority, a drawing shall be held to determine which of the acceptable applications shall be accepted by the authority for leases upon the available lots, and to determine the sequence in which they will be accepted.
(c)
The authority may lease by negotiation any number or all of the existing buildings together with appropriate grounds, provided that the authority may lease by negotiation for commercial purposes any one or a number of the lots it shall set aside for commercial purposes; provided, further, that when in the exercise of its discretion the authority shall offer for lease groups of lots as provided for in Code Section
12-3-246
, such blocks may be leased by negotiation.
(d)
All such leases granted by the authority shall, upon execution, become a contract between the individual lessee, his approved assigns, the authority, and the State of Georgia.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-250 - Subdivision, improvement, lease, or sale of island by authority - Conversion prices of lots

Immediately upon the approval of this part, or as soon thereafter as practicable, the authority shall prepare and publish a conversion price for each residential lot then under lease, stating the price at which the lot may be purchased from the authority. Thereafter the authority shall publish at the same time and in the same manner as schedules of lease rentals are published, as required by Code Section
12-3-249
, a conversion price for each residential lot that is available for lease. The conversion price for residential lots shall not be less than the appraised value of such lots, taking into consideration the market value of comparable resort property in Glynn County, as determined by an appraisal or appraisals made or to be made by the Glynn County Real Estate Board. Every lease which the authority may grant for a residential lot shall contain therein the conversion price at which the lot may be purchased.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-251 - Subdivision, improvement, lease, or sale of island by authority - Leases to counties for charitable purposes

(a)
The authority is directed, as soon as it deems it feasible to do so, to set aside sufficient land on Jekyll Island to provide a suitable plot for each county in the state for use for charitable purposes.
(b)
The authorities having charge of the fiscal affairs of any county desiring to use such plot shall file with the authority a proposal setting forth the use to which such plot is to be placed, the person or persons to have charge and control of the same, and the nature of improvements to be placed thereon. Such proposal shall also disclose how funds are to be secured for the improvement and operation of the facilities.
(c)
If the authority deems such proposal to be in the public interest and to the advantage of the state park, it may lease such plot for a period not exceeding 20 years to the fiscal authority of such county or to properly appointed trustees. Such lease shall provide such restrictions, covenants, and conditions as the authority deems proper and shall provide for the termination of the lease upon violation of the provisions of the lease.
(d)
Should the authorities having charge of the fiscal affairs of any county fail to claim and present a plan to improve on or before March 1, 1960, the plot of land set aside for such county under this Code section, the authority shall be under no further obligation to furnish any such plot of land on Jekyll Island.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 1 - JEKYLL ISLAND- STATE PARK AUTHORITY (§§ 12-3-230 — 12-3-277) › Section 12-3-252 - Revenue bonds - Issuance by authority; payment of principal and interest from special fund; dating of bonds; determination of rate of interest; medium of payment; redemption before maturity

The authority, or any authority or body which has succeeded or which may succeed to the powers, duties, and liabilities vested in the authority created by this part, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined in Code Section
12-3-231
, of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Code Section
12-3-264
for such payment. The bonds of each issue shall be dated; shall bear interest at the lowest obtainable rate, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.