Definitions

  1. Law
  2. Georgia Code
  3. Local Government
  4. Downtown Development Authorities
  5. Definitions

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As used in this chapter, the term:

  1. "Authority" means each public body corporate and politic created pursuant to this chapter.
  2. "Cost of the project" or "cost of any project" means and includes:
    1. All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project;
    2. All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project;
    3. All financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of an authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation;
    4. All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project;
    5. All expenses for inspection of any project;
    6. All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project;
    7. All fees of any type charged by an authority in connection with any project;
    8. All expenses of or incidental to determining the feasibility or practicability of any project;
    9. All costs of plans and specifications for any project;
    10. All costs of title insurance and examinations of title with respect to any project;
    11. Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans;
    12. Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and
    13. The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized.

      Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or other obligations issued by the authority.

  3. "Downtown development area" means the geographical area within a municipal corporation designated as such by the resolution of the governing body activating the authority for such municipal corporation as modified by any subsequent resolution of the governing body of such municipal corporation.
  4. "Governing body" means the elected or duly appointed officials constituting the governing body of any municipal corporation in the State of Georgia.
  5. "Municipal corporation" means any city or town in this state.
  6. "Project" means:
    1. The acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, any undertaking authorized by Chapter 43 of this title as part of a city business improvement district, any undertaking authorized in Chapter 44 of this title, the "Redevelopment Powers Law," when the downtown development authority has been designated as a redevelopment agency, or any undertaking authorized in Chapter 61 of this title, the "Urban Redevelopment Law," when the downtown development authority has been designated as an urban redevelopment agency, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in its authorized area of operation; and
    2. The provision of financing to property owners for the purpose of installing or modifying improvements to their property in order to reduce the energy or water consumption on such property or to install an improvement to such property that produces energy from renewable resources.

      A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter. Such term shall include any one or more buildings or structures used or to be used as a not for profit hospital, not for profit skilled nursing home, or not for profit intermediate care home subject to regulation and licensure by the Department of Community Health and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities.

  7. "Revenue bonds" or "bonds" means any bonds of an authority which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of an authority.

(Ga. L. 1981, p. 1744, § 1; Ga. L. 1988, p. 1463, § 1; Ga. L. 1992, p. 6, § 36; Ga. L. 1992, p. 2533, § 1; Ga. L. 2002, p. 415, § 36; Ga. L. 2008, p. 12, § 2-34/SB 433; Ga. L. 2010, p. 261, § 1/HB 1388.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, a comma was added following "licenses" near the end of subparagraph (2)(B).

JUDICIAL DECISIONS

Scope of application.

- Although the "Downtown Development Authorities Law" expands the scope of permissible authority projects beyond that of the "Development Authorities Law" to include all types of commercial projects, the "Downtown Development Authorities Law" otherwise resembles the "Development Authorities Law" in design and purpose. Odom v. Union City Downtown Dev. Auth., 251 Ga. 248, 305 S.E.2d 110 (1983).

Neither the increased breadth of the "Downtown Development Authorities Law" in comparison with the uniform industrial development authority statutes which preceded that law, nor the apparently broad language of the enacting and definitions clauses therein, are sufficiently definite indications that the General Assembly intended to undertake a radical departure from the General Assembly's previous cautious approach and grant local governments unbridled power to finance all local public works through downtown development authorities. Odom v. Union City Downtown Dev. Auth., 251 Ga. 248, 305 S.E.2d 110 (1983).

Underground Atlanta is a public works project.

- Underground Atlanta was constructed under the Downtown Development Authorities Act and is a proper project under the Downtown Development Authorities Act; accordingly, the Underground Atlanta project falls within the definition of "project" in paragraph (6) of O.C.G.A. § 36-42-3 and the totality of the agreements between the city and Underground Festival, Inc., clearly contemplates a public works project. City of Atlanta v. United Elec. Co., 202 Ga. App. 239, 414 S.E.2d 251 (1991).

Street and government-building construction.

- Municipality's attempt to use the "Downtown Development Authorities Law" to finance street improvements and construction and refurbishing of governmental buildings is unconstitutional. Odom v. Union City Downtown Dev. Auth., 251 Ga. 248, 305 S.E.2d 110 (1983).

Cited in Franzen v. Downtown Dev. Auth. of Atlanta, Ga. , 845 S.E.2d 539 (2020).


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