Definitions

As used in this chapter, the term: (1) ‘‘Authority’’ means each public corporation created pursuant to this chapter. (2) ‘‘Cost of project’’ means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates, and all machinery and equipment, including motor vehicles which are used for project functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the project in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this chapter. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. 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 or notes issued under this chapter for such project. 1125 36-75-4 (3) ‘‘County’’ means any county of this state or a governmental entity formed by the consolidation of a county and one or more municipal corporations. (4) ‘‘Detention facilities’’ means facilities used or to be used for the incarceration of adult and juvenile offenders and juveniles subject to the jurisdiction of the juvenile court and administration and support structures for such facilities. (5) ‘‘Governing body’’ means the elected or duly appointed officials constituting the governing body of each county and municipal corporation in the state. (6) ‘‘Judicial facilities’’ means facilities used or to be used for the administration of justice and related activities, including all adult and juvenile courts, prosecutorial and public defender services, and their respective administrative and support structures. (7) ‘‘Municipal corporation’’ means any incorporated municipality in this state. (8) ‘‘Project’’ means the acquisition, construction, equipping, operation, maintenance, and repairing of county or municipal corporation judicial, detention, or public safety facilities. (9) ‘‘Public safety facilities’’ means facilities used or to be used by or in direct support of management and operation of homeland security, police, fire, rescue, and emergency medical services. History. — Code 1981, § 36-75-3, enacted by Ga. L. 2003, p. 862, § 1. 36-75-4. Public safety and judicial facilities authorities created for each county and municipality; joint authority; filing with Secretary of State. (a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the ‘‘public safety and judicial facilities authority’’ of such county. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation. (b) Any number of counties or municipal corporations or a combination of counties and municipal corporations may jointly form an authority to be known as the ‘‘joint public safety and judicial facilities 1126 36-75-6 authority’’ for such counties or municipal corporations or both. No authority shall transact any business or exercise any powers under this chapter until the governing authority of each county and municipal corporation involved declare, by ordinance or resolution, that there is a need for an authority to function and declare that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each county and municipal corporation approves an agreement with the other counties or municipal corporations for the activation of an authority and such agreement is executed. (c) A copy of such ordinances, resolutions, and agreements shall be filed with the Secretary of State, who shall maintain a record of all authorities activated under this chapter. History. — Code 1981, § 36-75-4, enacted by Ga. L. 2003, p. 862, § 1; Ga. L. 2006, p. 72, § 36/SB 465. 36-75-5. Management by board of directors; membership; procedures.