Definitions; When Project Deemed Self-Liquidating

  1. Law
  2. Georgia Code
  3. Education
  4. Elementary and Secondary Education
  5. Public School Property and Facilities
  6. Georgia Education Authority (Schools)
  7. Definitions; When Project Deemed Self-Liquidating

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  1. As used in this part, the term:
    1. "Authority" means the Georgia Education Authority (Schools), which was formerly known as the State School Building Authority. Such change in the name of the authority shall in no way affect the identity of the authority or the rights, powers, privileges, or liabilities of the authority or any person under this part.
    2. "Bonds" or "revenue bonds" means any bonds issued by the authority under this part, including refunding bonds.
    3. "Cost of the project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural and legal expenses; cost of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of it in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under this part for such project.
    4. "Project" means one or a combination of two or more of the following: buildings and facilities intended for use as school buildings; classrooms; laboratories; libraries; and instructional, administrative, and recreational facilities for students, faculty, officers, and employees of any institution or unit under the control of a county board of education, city board of education, or governing bodies of independent districts or systems; and all structures; electric, gas, steam, and water utilities; and facilities of every kind and character deemed by the authority necessary or convenient for the efficient operation of any unit which is a part of any such institution, including the improving, altering, or repairing of such unit.
    5. "Unit" shall mean any institution, school, or academy, at any particular location, which forms a part of the public school system of this state, operated by a county board of education, city board of education, or governing bodies of independent districts or systems.
  2. Any project or combination of projects shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues, rents, or earnings to be derived by the authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects.

(Ga. L. 1951, p. 241, § 3; Ga. L. 1964, p. 112, § 1; Ga. L. 1967, p. 871, § 3; Ga. L. 1992, p. 6, § 20.)

OPINIONS OF THE ATTORNEY GENERAL

Authority without power to contract with private school systems.

- This section, in setting forth the definitions of "project" and "unit," as to which later sections confer upon the authority the power to contract with respect to, apparently is confined to public educational systems, so that as presently constituted, it seems safe to assume that the authority is without power to contract with private school systems with regard to school facilities; however, this does not, in and of itself, prohibit the public school system or lessee, otherwise authorized, from assigning, subleasing, or otherwise disposing of its interest. 1954-56 Op. Att'y Gen. p. 224.

Authority empowered to construct and lease recreational facility to public system.

- Authority has the discretionary power to construct and lease to a county, city, or independent school system any type or kind of recreational facility for the students, faculty, officers, and employees of the systems. 1950-51 Op. Att'y Gen. p. 440.


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