Georgia § 32-10-4 - Powers of authority generally.

§ 32-10-4. Powers of authority generally.

The authority shall have, in addition to any other powers conferred in this article, the following powers: To have a seal and alter the same at its pleasure; To acquire by purchase, exchange, lease, or otherwise and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes; To appoint such additional officers, who need not be members of the authority, as the authority deems advisable; to employ such experts, agents, and employees as may be in its judgment necessary to carry on properly the business of the authority; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same; provided, however, that the total compensation paid such persons shall not exceed the sum of $100,000.00 per year; To make such contracts and agreements as the legitimate and necessary purposes of this article shall require, to execute and perform lease contracts for projects as permitted by this article, and to make all other contracts and agreements as may be necessary to the proper performance of any action permitted by this article; To build, rebuild, relocate, construct, reconstruct, surface, resurface, lay out, grade, repair, improve, widen, straighten, operate, own, maintain, lease, and manage projects located on property conveyed to the authority as authorized in Code Section 32-10-5, and to pay the cost in whole or in part of any such action or actions from the proceeds of bonds; To borrow money for any of its corporate purposes and to issue bonds for such purposes as provided in Code Section 32-10-30; To exercise any power granted to private corporations not in conflict with the Constitution and laws of Georgia nor with other provisions of this article; By or through its agents or employees, to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as the authority may deem necessary or convenient for the purposes of this article; and such entry shall not be deemed a trespass. The authority shall, however, make reimbursement for any actual damage resulting from such activities; To make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracts, and other equipment and appliances of any public utility in, on, along, over, and under any project; To do and perform all things necessary or convenient to carry out the powers conferred upon the authority by this article; To prescribe rules and regulations as approved by the department for the operation of each project constructed under this article, including rules and regulations to ensure maximum use of each such project; and To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a body corporate and politic, and an instrumentality and public corporation of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," and shall be filed with the Secretary of State, who shall be authorized to accept such filings. The commissioner and two individuals appointed by the members of the authority shall constitute the members of and shall serve as directors of any subsidiary corporation, and such appointment shall not constitute a conflict of interest, provided that the provisions of subsection (a) of Code Section 45-10-23 or any other law shall not prevent full-time employees of the authority or the Department of Transportation from serving as members of the governing board of such subsidiary corporation. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the state, provided that any toll collection or other tollway operations remain under the authority of the State Road and Tollway Authority. The authority shall not be liable for the debts, obligations, or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority in writing expressly so consents. (Ga. L. 1953, Jan.-Feb. Sess., p. 626, § 4; Ga. L. 1955, p. 124, § 5; Ga. L. 1961, p. 3, § 4; Ga. L. 1967, p. 385, § 4; Ga. L. 1971, p. 385, § 6; Code 1933, § 95A-1204, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1215, § 4; Ga. L. 2005, p. 902, § 5/SB 270.) Cross references. - Prohibition against authorizing construction or maintenance of private road, § 32-1-8 . Editor's notes. - Ga. L. 1974, p. 1215, which enacted Code Sections 12-5-41, 32-5-24, and 45-12-170, and amended Code Sections 20-2-553 and 32-10-4, provided that it shall be known and may be cited as the "Planned Growth and Development Act of 1974."