reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-39 - Issuance of permit; term; revocation

(a)
The commissioner may, after July 1, 1992, issue a permit for a maximum term of five years for the location, usage, and possession of a structure which existed on February 1, 1992, upon a navigable river or navigable stream of the state; provided, however, that no permit shall be issued for any structure which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum standards of sanitation, safety, and construction. No permit shall be issued for a term ending after June 30, 1997.
(b)
No permit issued by the commissioner pursuant to subsection (a) of this Code section shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-1 - Short title

This chapter may be cited as the "Georgia Ports Authority Act."
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-4 - Creation of authority; status of authority as an instrumentality of state and a public corporation

There is created a body corporate and politic, to be known as the Georgia Ports Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title the authority may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-5 - Composition of authority; appointment, terms, and qualifications of members generally; filling of vacancies; election of chairperson, vice chairperson, and secretary-treasurer; quorum

(a)
The authority shall consist of 12 members to be appointed by the Governor from the state at large.
(b)
The nine members of the authority in office immediately prior to May 1, 2000, shall serve out the remainder of the terms for which they were appointed, all of such terms expiring on June 30 of the year of expiration. In addition to said nine members, the Governor shall appoint three members for terms to expire June 30, 2004. The director of the Office of Planning and Budget or his or her designee as approved by the Governor shall serve as an ex officio member of the authority.
(c)
Successors to the members referred to in subsection (b) of this Code section and future successors shall each be appointed for a term of four years, which term shall begin on the day following the expiration of the term of office of the member such person is appointed to succeed. Any member of the authority shall be eligible for reappointment. Any person appointed to fill a vacancy shall serve only for the remainder of the unexpired term.
(d)
The authority shall elect one of its members as chairperson and another member as vice chairperson and shall also elect a secretary-treasurer who shall not necessarily be a member of the authority.
(e)
Seven members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
Amended without change by 2001 Ga. Laws 2, § 52, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-6 - Compensation of members and reimbursement for expenses

The members of the authority shall be compensated in the amount of $40.00 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the authority. Such compensation shall be limited to 150 days for the chairman and 60 days for each of the other members of the authority during any one fiscal year.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-7 - Making of rules and regulations; delegation of powers and duties; perpetual existence of authority

The authority shall make necessary rules and regulations for its own government. The authority may delegate to one or more of its members or to its officials, agents, or employees such powers and duties as it may deem proper. The authority shall have perpetual existence.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-8 - Eligibility for membership

No person shall be eligible for membership on the Georgia Ports Authority who shall also be at the time of appointment or who shall thereafter become a member of any local port authority of any city, town, county, or district.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-11 - Power of authority to borrow money, to execute evidences of indebtedness, and to secure such indebtedness; sale and other disposition of property; utilization of proceeds of sale

The Georgia Ports Authority shall have and may exercise the following powers:
(1)
The authority may borrow money for its corporate purposes and may execute and deliver long-term and short-term notes, commercial paper, bond anticipation notes, and other obligations or evidences of indebtedness therefor and may secure such indebtedness in such manner as the authority may provide by its resolution authorizing the indebtedness to be incurred, provided that the authority shall not pledge to the payment of the indebtedness revenue pledged to the payment of any other indebtedness then outstanding or encumber property in violation of the terms of any existing contract, agreement, or trust indenture securing existing indebtedness.
(2)
The authority may from time to time sell or otherwise dispose of surplus personal property and may sell or otherwise dispose of land and any improvements thereon acquired by the authority pursuant to law and which the authority may determine is not required for port or warehouse operations or for the future expansion and improvement of the state system of docks, including property which is suitable for industrial development. Any such property may be sold, leased, or otherwise disposed of upon such terms and conditions as may be provided by resolution of the authority. The proceeds of any such sale shall be used by the authority for the purposes provided by law. However, any sale of land or leasing of same and mortgaging of same or conveying the same as security for a loan as provided under this Code section shall be first approved in writing by the Governor, the state auditor, and the Attorney General.
Amended by 2010 Ga. Laws 628,§ 4, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-12 - Funds for acquisition of land and construction of port facilities

The Governor may make available to the Georgia Ports Authority for the purpose of acquiring necessary lands, including improvements thereon, as well as for constructing buildings, terminals, and other port facilities, any funds appropriated for the construction of port facilities. Any land so acquired shall be conveyed to the Georgia Ports Authority.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-13 - Approval and consent of State Properties Commission for acquisition of real property by authority

Notwithstanding any other provisions of this chapter, the authority shall not purchase any real property without the approval and consent of the State Properties Commission.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-14 - Conveyance of Medical Depot site to authority; power to sell conveyed surplus lands and improvements; power to borrow and to issue revenue anticipation certificates

The Governor of this state is authorized to convey, for and in behalf of the state, title to lands and improvements known as the Medical Depot site in Chatham County, Georgia, adjacent to the Savannah River. For a more particular description, reference is made to the deed conveying the site from the State of Georgia to the Georgia Ports Authority upon payment of such nominal sum to the Office of the State Treasurer as may be agreed upon by the Governor and the authority. The authority shall have the power to sell any portions of land or improvements, or both, thus conveyed as are not required for port or warehouse operations or for the future expansion or improvement of the operation of a system of state docks, provided that any moneys received incident to such sales shall be utilized by the authority for the further expansion, construction, and improvement of the existing facilities located at the Medical Depot site in Chatham County on the Savannah River. The authority is empowered to borrow money on the existing facilities as described in this Code section and to issue revenue anticipation certificates to be retired from the revenue derived from the described facilities. All such sums, whether borrowed or secured through the sale of revenue anticipation certificates, shall be used for the exclusive purpose of developing a system of state docks at the site of the Medical Depot described in this Code section or for the purchase of necessary and essential equipment to be located thereon, or both, and for any and all purposes deemed necessary, essential, and expedient for the purpose of developing the site as a part of a system of state docks.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-15 - Revenue bonds - Issuance; payment of principal and interest from special fund; dating of bonds; determination of rate of interest; time of maturity; redemption before maturity

The authority shall have the power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as defined in this chapter of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this chapter for such payment. The bonds of each issue shall be dated, shall bear interest at the lowest rate obtainable by negotiation or, if the authority deems it necessary, by the taking of competitive bids, payable as determined by the authority at time of issue, shall mature at such time or times as the authority may determine at the time of issue, shall be 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.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-16 - Revenue bonds - Form of bonds; denominations; place of payment of principal and interest

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places for payment of principal and interest thereof, which may be at any bank or trust company within or outside the state.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-17 - Revenue bonds - Signatures; seal

In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupons ceases to be such officer before the delivery of the bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until the delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary-treasurer of the authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of the bond such persons may not have been so authorized or shall not have held such office.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-18 - Revenue bonds - Status of bonds as negotiable instruments; tax exemption for bonds and for income therefrom

All revenue bonds issued under this chapter shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the state. Such bonds and the income therefrom shall be exempt from all taxation within the state.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-19 - Revenue bonds - Issuance in coupon, registered, or book-entry form

The bonds may be issued in coupon, registered, or book-entry form, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
Amended by 2010 Ga. Laws 628,§ 5, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-20 - Revenue bonds - Determination of price; use and manner of disbursement of proceeds; procedure where proceeds are less than or greater than cost of projects

The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. The proceeds of the bonds shall be used solely for the payment of the costs of the project or projects and shall be disbursed upon requisition or order of the chairman of the authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned in this chapter may provide. If the proceeds of the bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of the deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-21 - Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds; replacement of mutilated, destroyed, or lost bonds

Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-22 - Revenue bonds - Conditions precedent to issuance; application of bonds of a single issue to payment of one or more projects; effective date of resolutions providing for issuance; passage of resolutions

Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. In the discretion of the authority, revenue bonds in a single issue may be issued for the purpose of paying the costs of any one or more projects. Any resolution providing for the issuance of revenue bonds under this chapter shall become effective immediately upon its passage and need not be published or posted and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-23 - Revenue bonds - Aid by Georgia State Financing and Investment Commission

Whenever the authority determines to issue its bonds or other obligations, it shall obtain the approval of the Georgia State Financing and Investment Commission and otherwise comply with the provisions of Article 2 of Chapter 17 of Title 50, the "Georgia State Financing and Investment Commission Act."
Amended by 2010 Ga. Laws 628,§ 6, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-24 - Revenue bonds - Status of bonds as a debt of state or a pledge of faith and credit of state; issuance as obligating state to levy tax or make appropriation; obligation to pay principal and interest on bonds; recitals on face of bonds

Revenue bonds issued under this chapter shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the fund provided in this chapter therefor from earnings. The issuance of such revenue bonds shall not directly or indirectly or contingently obligate the state to levy or to pledge any form of taxation whatever therefor from earnings; and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Neither the state nor the authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this Code section.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-25 - Revenue bonds - Securing of bonds by trust indenture

In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority 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. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor; may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to the purchasers; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. The indenture may 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 to the foregoing, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project or projects affected by the indenture.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-26 - Revenue bonds - Remedies of bondholders and trustee

Any holder of revenue bonds issued under this chapter or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this chapter may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights granted under the laws of this state, granted under this chapter, or granted under such resolution or trust indenture, and may enforce and compel performance of all duties required by this chapter or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects; but no holder of any such bond 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 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 any property of the state. Any provision of this chapter or any other law to the contrary notwithstanding, any such bondholder 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 Article VII, Section IV of the Constitution of the State 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 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-27 - Revenue bonds - Protection of rights of bondholders

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of the bonds nor will the state itself so compete with the authority. This chapter shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this chapter, shall constitute a contract with the holders of the bonds.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-28 - Revenue bonds - Revenue refunding bonds

The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this chapter insofar as the same may be applicable.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-29 - Revenue bonds - Status of bonds as legal investments and as securities for deposits

(a)
The bonds authorized in this chapter are made securities in which:
(1)
All public officers and bodies of this state;
(2)
All municipalities and all municipal subdivisions;
(3)
All insurance companies and associations and other persons carrying on an insurance business;
(4)
All banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business;
(5)
All administrators, guardians, executors, trustees, and other fiduciaries; and
(6)
All other persons whatsoever who are 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.
(b)
The bonds authorized in this chapter 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 authorized.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-30 - Revenue bonds - Confirmation and validation of bonds; venue of actions to confirm and validate bonds or to enforce rights under chapter

Bonds of the authority shall be confirmed and validated in accordance with the procedure of Chapter 82 of Title 36, the "Revenue Bond Law." Any such action and any action to protect or enforce any rights under this chapter and any suit or action against the authority shall be brought in the Superior Court of Chatham County, which shall have exclusive original jurisdiction of such actions; provided, however, that the venue of an action for a tort shall be brought in the county wherein committed if the authority has a facility located therein, otherwise Chatham County.
Amended by 2022 Ga. Laws 782,§ 52, eff. 5/2/2022.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-32 - Status of contracted-for rentals as obligations of state; payment of rentals; power of authority to enforce lessees' duty to perform covenants and obligations; assignment of rentals due

(a)
The rentals contracted to be paid by the state or any department, agency, or institution of the state to the authority under leases entered upon pursuant to this chapter shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the state or any department, agency, or institution thereof to see to the punctual payment of all such rentals.
(b)
In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this chapter, the authority may enforce performance by any legal or equitable process against lessees; and consent is given for the institution of any such action.
(c)
The authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the authority.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-33 - Duty of authority to prescribe rules and regulations for operation of projects; duty of authority to impose and collect rentals and other charges for use of facilities of projects

It shall be the duty of the authority to prescribe rules and regulations for the operation of each project constructed under this chapter, including rules and regulations to ensure maximum use of each such project, and to impose rentals and other charges for the use of the facilities furnished by or related to the use of such project and to collect the same from all persons, firms, or corporations using the same.
Amended by 2010 Ga. Laws 628,§ 8, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-34 - Acceptance of grants from federal agencies and of contributions of money and property from other sources

The authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under this chapter, shall have authority to accept from any federal agency grants for or in aid of the construction of any project or for the payment of bonds and to receive and accept contributions from any source of either money or property or other things of value, to be held, used, and applied only for the purposes for which such grants or contributions may be made.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-35 - Requirement as to competitive bidding for contracts for new construction

The authority shall have the right to do all new construction under an agency or construction management form of contract without the necessity of taking competitive bids.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-36 - Status of moneys received under chapter as trust funds; provision by authority for payment of moneys to designated trustee; investment of moneys; sale of investments and reinvestment

(a)
All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the funds to the purposes of this chapter, subject to such regulations as this chapter and the resolution or trust indenture may provide.
(b)
Subject to such restriction as provided by resolution passed before the issuance of its bonds or by the trust indenture securing the bonds, the authority may invest any moneys received by it pursuant to authority of this chapter in obligations which are eligible as security for the investment of trust funds; and the authority may, by resolution, provide for the sale of any such investment and for the reinvestment of the proceeds thereof.
Amended by 2010 Ga. Laws 628,§ 9, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-37 - Creation of authority and carrying out of authority's corporate purpose as constituting a public purpose; covenant with bondholders as to tax-exempt status of authority's property

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and is a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter; and this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation provided for in this Code section shall include an exemption from sales and use tax on tangible personal property purchased by the authority for use exclusively by the authority.
Amended by 2007 Ga. Laws 209,§ 15, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-38 - Construction of chapter

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 2 - GEORGIA PORTS AUTHORITY (§§ 52-2-1 — 52-2-39) › Section 52-2-39 - Supplemental nature of chapter

This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; it shall not be regarded as in derogation of any powers now existing.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 3 - INTRACOASTAL WATERWAY (§§ 52-3-1 — 52-3-12) › Section 52-3-1 - Purpose of chapter

It is the intent and purpose of this chapter to provide for the construction and maintenance by the United States government of the intracoastal waterway and its salt-water tributaries, hereinafter referred to as the intracoastal waterway, from the state boundary line in the Savannah River to the state boundary line in Cumberland Sound, as authorized by the Congress of the United States by the River and Harbor Act approved June 20, 1938, authorizing the construction of the intracoastal waterway to a depth of 12 feet from the Savannah River, Georgia, to Cumberland Sound, Georgia, in accordance with the project described in House Document No. 618, Seventy-fifth Congress, third session, and subject to the conditions set forth in said document, and by the River and Harbor Act approved August 26, 1937, authorizing the construction of a protected route as part of the intracoastal waterway, around St. Andrew Sound, Georgia, to a depth of seven feet in accordance with the project described in Senate Committee Print, Seventy-fourth Congress, first session, and subject to the conditions set forth in that document. The Governor and the Secretary of State are authorized to issue to the United States of America a grant or grants of a perpetual right and easement to enter upon, cut away, and remove any and all of the land, including submerged lands, composing a part of the channel rights of way, anchorage areas, and turning basins as may be required at any time for construction and maintenance of the intracoastal waterway and to maintain the portions excavated, thereby created as a part of the navigable waters of the United States. The Governor and the Secretary of State are authorized to issue to the United States of America a further perpetual right and easement to enter upon, occupy, and use any portion of the land, including submerged land, composing a part of the spoil disposal area not so cut away and converted into public navigable waters described in this Code section, for the deposit of dredged material and for such other purposes as may be needed in the construction, maintenance, and improvement of the intracoastal waterway, insofar as such lands, including submerged lands, are subject to grant by the State of Georgia. The grant is to be issued upon a certificate showing the location and description of the rights of way and spoil disposal areas furnished to the Governor by the secretary of the army or by any authorized officer of the Corps of Engineers of the United States Army or by any other authorized official exercising control over the construction or maintenance of the projects.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 3 - INTRACOASTAL WATERWAY (§§ 52-3-1 — 52-3-12) › Section 52-3-2 - and 52-3-3 - Reserved

Reserved. Repealed by Ga. L. 1981, p. 1017, § 2, effective April 9, 1981.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 3 - INTRACOASTAL WATERWAY (§§ 52-3-1 — 52-3-12) › Section 52-3-4 - Cooperation with federal government; acquisition of property and rights

The Department of Transportation shall work in cooperation with the officers and departments of the United States government in acquiring rights of way, spoil disposal areas, and other necessary property and rights for the intracoastal waterway and may in its own name acquire, by purchase, gift, or condemnation, property and rights to such lands as are necessary for such purpose.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 3 - INTRACOASTAL WATERWAY (§§ 52-3-1 — 52-3-12) › Section 52-3-5 - Exercise of power of eminent domain

If for any reason the Department of Transportation is unable to secure any such property or rights required by the United States government for the construction and maintenance of the intracoastal waterway from the Savannah River to Cumberland Sound by voluntary agreement with the owner or owners thereof on terms and conditions satisfactory to it, the department is vested with the power to condemn the same and in so doing to employ the way, means, method, and procedure of Chapter 2 of Title 22 and Article 6 of Chapter 3 of Title 22, relating to the acquisition of property by condemnation on the part of the State of Georgia and of the United States; and in all instances any general and specific benefits to the owner or owners of such property or lands shall be offset against any damages to such property or lands. When the easement or property is thus acquired, a deed shall be executed conveying it to the United States. All easements granted under the authority of this Code section shall be approved by the State Transportation Board and shall be executed by the commissioner of transportation.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 3 - INTRACOASTAL WATERWAY (§§ 52-3-1 — 52-3-12) › Section 52-3-7 - Right of Department of Transportation to receive and use gifts and donations of money and property

The Department of Transportation may receive gifts and donations of money or property from individuals, firms, corporations, and political subdivisions and may use the same in defraying expenses of the department and the costs of acquiring the property and rights necessary for the construction, maintenance, and improvement of the intracoastal waterway.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 3 - INTRACOASTAL WATERWAY (§§ 52-3-1 — 52-3-12) › Section 52-3-8 - Procedure in cases where property required for right of way or spoil disposal areas has been leased for cultivation and gathering of oysters

If any of the lands or property, the use of which is required for right of way and spoil disposal areas, shall have been leased by the Department of Natural Resources to any individual, firm, or corporation for the cultivation and gathering of oysters, the department is authorized and directed to substitute for such leased areas lying within the rights of way and spoil disposal areas other equal areas lying outside the rights of way and spoil disposal areas which are also suitable for the cultivation and gathering of oysters.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 3 - INTRACOASTAL WATERWAY (§§ 52-3-1 — 52-3-12) › Section 52-3-9 - Claims for damages to oysters

Any person, firm, or corporation or their heirs, executors, administrators, successors, or assigns who may be compensated for damages to oysters during construction of the intracoastal waterway shall be estopped from making further claims for damage to oysters in or upon the same area on account of dredging operations during maintenance of the intracoastal waterway.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 3 - INTRACOASTAL WATERWAY (§§ 52-3-1 — 52-3-12) › Section 52-3-11 - Right of Department of Transportation to enter lands in order to locate rights of way

For the purpose of determining the lands, easements, and property necessary for the uses set out in this chapter, the Department of Transportation, the United States government, or the agents of either shall have the right to enter upon any lands along the general line of the rights of way for the purpose of locating definitely the specific lines of the rights of way and the land required for such purposes; and there shall be no claim against the State of Georgia or the United States for such acts as may be done in making such surveys.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 3 - INTRACOASTAL WATERWAY (§§ 52-3-1 — 52-3-12) › Section 52-3-12 - Effect of chapter on state's jurisdiction over lands affected by chapter; effect on service of process on such lands

Neither this chapter, nor any part thereof, nor any grant or deed made under the authority hereof shall operate to divest the State of Georgia of jurisdiction over any lands; and all civil and criminal process issued under the authority of any laws of this state may be executed in or on any part of the lands or premises devoted to the use of the intracoastal waterway or to any use incidental thereto, to the same effect as if this chapter had not been enacted and as if the grant or deed had not been executed.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-1 - Filing of petition for incorporation; contents of petition; filing fee

Any number of persons, not less than five, desiring to be incorporated as a company for the purpose of constructing, operating, and maintaining a canal, may file with the Secretary of State a petition setting out the names and domicile of the petitioners, that they desire to be incorporated as a canal company, the name under which they desire to be incorporated, the route as nearly as possible of the proposed canal, the headquarters of the corporation, the amount of the capital stock, and the number of shares into which divided and pay to the Secretary of State the fee provided for in Code Section
14-4-183
.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-2 - Issuance of certificate of incorporation

When the petition for incorporation has been made and filed and the fee paid, as provided in Code Section
52-4-1
, the Secretary of State shall issue to the petitioners a certificate as follows:
"Georgia. To whom it may concern - Greetings:
__________________ having filed their petition in the terms of the law, praying to be incorporated as a canal company, they and their associates and successors are hereby declared to be a body corporate for the period of 30 years, under the name of __________________, with power to construct, maintain, and operate a canal in and through __________________, with such powers, privileges, and liabilities as may now or hereafter be prescribed by law.
Witness my official hand and seal of state, this __________________ day of __________________, __________________."
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-3 - Maintenance by Secretary of State of files and books regarding canal companies

The Secretary of State shall keep on file all petitions for incorporation and transcripts from minutes provided for in this chapter and shall also keep a book in which shall be entered by him the name of the company, date of incorporation, amount of capital stock, location of principal office, and any increase or decrease of capital stock.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-4 - Time of commencement of corporate existence; duration of corporate existence

Upon the issuance of the certificate, the persons therein named, their associates, and their successors shall be and become a body corporate for the period provided for in Code Section
14-4-62
.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-5 - Petitioners as constituting first board of directors; election of officers; prescription of rules and bylaws; opening books of subscription for capital stock

The petitioners shall constitute the first board of directors; they shall organize by electing one of their number president and such other officers as may be necessary, prescribe rules and bylaws, and open books of subscription for the capital stock.