Definitions

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Public Authorities
  5. State Road and Tollway Authority
  6. General Provisions
  7. Definitions

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As used in this article, the term:

  1. "Approach" means that distance on either end of a bridge as shall be required to develop the maximum traffic capacity of a bridge, including but not limited to necessary rights of way, grading, paving, minor drainage structures, and such other construction necessary to the approach.
  2. "Authority" means the State Tollway Authority created by the "State Tollway Authority Act," Ga. L. 1953, Jan.-Feb. Sess., p. 302, as amended particularly by Ga. L. 1972, p. 179, and on and after April 30, 2001, also means the State Road and Tollway Authority.
  3. "Bridge" means a structure, including the approaches thereto, erected in order to afford unrestricted vehicular passage over any obstruction in any public road, including but not limited to rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals.
  4. "Cost of project" means the cost of construction, including relocation or adjustments of utilities; the cost of all lands, properties, rights, easements, and franchises acquired; relocation expenses; the cost of all machinery and equipment necessary for the operation of the project; financing charges; interest prior to and during construction and for such a period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to become sufficient to meet the requirements of the bond issue; the cost of engineering, legal expenses, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this article, the construction of any project, and the placing of the same in 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 for such project under this article.
  5. "Project" means land public transportation systems, including: (A) one or more roads or bridges or a system of roads, bridges, and tunnels or improvements thereto included on an approved state-wide transportation improvement program on the Developmental Highway System as set forth in Code Section 32-4-22, as now or hereafter amended, or a comprehensive transportation plan pursuant to Code Section 32-2-3 or which are toll access roads, bridges, or tunnels, with access limited or unlimited as determined by the authority, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; (B) any program for mass transportation or mass transportation facilities as approved by the authority and the department and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities; and (C) any project undertaken pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78.
  6. "Relocation expenses" means all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses of any individual, family, business, farm operation, or nonprofit organization displaced by authority projects to the extent authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17.

    (6.1) "Revenue" or "revenues" shall mean any and all moneys received from:

    1. The collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway funds and reimbursements, any other federal highway assistance received from time to time by the authority, any other moneys of the authority pledged for such purpose, any other moneys received by the authority pursuant to the Georgia Transportation Infrastructure Bank, and any moneys received pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78; and
    2. (Repealed effective July 1, 2021.) Any federal highway transit funds and reimbursements and any other federal highway transit assistance received from time to time by the authority. This subparagraph shall stand repealed by operation of law on July 1, 2021.
  7. "Revenue bonds," "revenue bond," "bonds," or "bond" means any bonds, notes, interim certificates, reimbursement anticipation notes, or other evidences of indebtedness of the authority authorized by Part 2 of this article, including without limitation obligations issued to refund any of the foregoing.
  8. "Self-liquidating" means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects or from any other revenues available to the authority, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, the department, other state agencies or authorities, the United States government, or any county or municipality or from disbursements from any person, firm, corporation, limited liability company, or other type of entity shall be sufficient to provide for the maintenance, repair, and operation 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.
  9. "Utility" means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, transporting, or distributing communications, power, electricity, light, heat, gas, oil products, passengers, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police, and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph.

(Ga. L. 1953, Jan.-Feb. Sess., p. 302, § 3; Ga. L. 1972, p. 179, § 3; Code 1933, § 95A-1238, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 44; Ga. L. 1976, p. 775, § 3; Ga. L. 1977, p. 1285, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1986, p. 1241, § 1; Ga. L. 1988, p. 227, § 1; Ga. L. 2001, p. 1251, § 1-6; Ga. L. 2008, p. 73, § 1/HB 1019; Ga. L. 2017, p. 760, § 1/SB 183; Ga. L. 2018, p. 377, § 4-2/HB 930.)

The 2017 amendment, effective July 1, 2017, in paragraph (5), deleted "and" at the end of subparagraph (A), added "; and" at the end of subparagraph (B), and added subparagraph (C); in paragraph (6.1), deleted "and" preceding "any other moneys" in the middle, and added ", and any moneys received pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78" at the end; and in paragraph (8), substituted "municipality or from disbursements from any person, firm, corporation, limited liability company, or other type of entity" for "municipality," near the end.

The 2018 amendment, effective May 3, 2018, in paragraph (6.1), substituted "moneys received from: (A) The collection" for "moneys received from the collection" near the beginning; in subparagraph (6.1)(A), deleted "or transit" following "federal highway" twice and substituted "; and" for a period at the end; and added subparagraph (6.1)(B).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "April 30, 2001," was substituted for "the date of the year 2001 change of the authority's name" in paragraph (2).

U.S. Code.

- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in this Code section, is codified as 42 U.S.C. § 4601 et seq.

Law reviews.

- For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).

JUDICIAL DECISIONS

Cited in Campbell v. State Rd. & Tollway Auth., 276 Ga. 714, 583 S.E.2d 32 (2003).

OPINIONS OF THE ATTORNEY GENERAL

Tollway Authority may include part of State Highway System.

- It is lawful, under certain circumstances, for portions of the State Highway System to be included in a State Tollway Authority project and for such portions of highways to be improved with funds of the State Tollway Authority; further, such portions of tollway projects need not necessarily be included in that portion of a project which can be used by the public only upon payment of a toll. 1974 Op. Att'y Gen. No. 74-5.

"Feeder route" may be avenue of access.

- Existing highway facility which would be a "feeder route" into a tollway can be considered as an avenue of access to a tollway system within the meaning of the definition of the term "project"; provided, of course, that the "feeder route" bears an actual and legitimate relationship to the tollway as an avenue of access to the tollway. 1974 Op. Att'y Gen. No. 74-5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 40 Am. Jur. 2d, Highways, Streets, and Bridges, § 685.


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