Purpose of Authority; Powers Generally

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Geo. L. Smith Ii Georgia World Congress Center
  5. General Provisions
  6. Purpose of Authority; Powers Generally

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  1. Without limiting the generality of any provision of this chapter, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating the project, in whole or in part, directly or under contract with the Department of Economic Development or others, and engaging in such other activities as it deems appropriate to promote trade shows, conventions, and political, musical, educational, entertainment, recreational, athletic, or other events and related tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, commercial, and natural resources of the State of Georgia by those using the project or visiting the state or who may use the project or visit the state.
  2. The authority shall have the following powers:
    1. To bring actions, complain, and implead in any judicial, administrative, arbitration, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings;
    2. To have a seal and alter the same at its pleasure;
    3. To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs;
    4. To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, fix their compensation, and establish a flexible employee benefit plan for authority employees which may include those flexible employee benefits described in Code Section 45-18-52;
    5. To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes;
    6. To make all contracts and to execute all instruments necessary or convenient to its purposes;
    7. To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitation and laws of this state and are otherwise within the power of the authority;
    8. To exercise the power of eminent domain and acquire by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes;
    9. To borrow money for any of its corporate purposes and to provide for the payment of same, as may be permitted under the Constitution and the laws of the State of Georgia;
    10. To issue revenue bonds as is more fully provided for in this chapter;
    11. To contract with the state and its departments or any county, municipal corporation, political subdivision, public corporation, or public authority with respect to activities, services, or facilities the contracting parties are authorized by law to undertake or provide;
    12. To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and the laws of the State of Georgia; and
    13. To do all things necessary or convenient to carry out the powers expressly given in this chapter.
  3. Said authority shall comply with all applicable state budgetary processes and procedures as relate to compensation of employees of the authority.
  4. The authority shall have the power to borrow money and to issue revenue bonds regardless of whether the interest payable by the authority incident to such loans or revenue bonds or income derived by the holders of the evidence of such indebtedness or revenue bonds is, for purposes of federal or state taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient.
  5. The authority shall have the power to sell or dispense, upon obtaining a license from the Department of Revenue, or to permit others to sell or dispense, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises but only upon and within the territorial limits of property of or under the management and control of the authority.The authority shall not have the power to sell or dispense alcoholic beverages in unbroken packages for the purpose of permitting such unbroken packages to be carried off the premises.The authority shall determine and regulate by resolution, as it may amend from time to time, the conditions under which such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted, including the hours and days during which the sale or dispensing of alcoholic beverages shall be made or shall be permitted.

(Ga. L. 1972, p. 245, § 2; Ga. L. 1974, p. 174, § 4; Code 1981, §10-9-4, enacted by Ga. L. 1982, p. 1122, § 1; Ga. L. 1984, p. 22, § 10; Ga. L. 1988, p. 556, § 2; Ga. L. 1989, p. 14, § 10; Ga. L. 1989, p. 1641, § 4; Ga. L. 1989, p. 1195, § 3; Ga. L. 1992, p. 2097, § 1; Ga. L. 2004, p. 690, § 3; Ga. L. 2014, p. 129, § 1/HB 246.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, a comma was inserted following "others" and "and" was inserted following "conventions," in subsection (a).

Editor's notes.

- Ga. L. 1989, p. 1641, which amended this Code section, provides in § 18, not codified by the General Assembly: "In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act."

Law reviews.

- For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014).

JUDICIAL DECISIONS

Nature of functions performed.

- Functions performed by the World Congress Center Authority are primarily, if not exclusively, executive. Greer v. State, 233 Ga. 667, 212 S.E.2d 836 (1975) (decided under Ga. L. 1974, p. 174, prior to amendment by Ga. L. 1975, p. 435, § 1).


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