Title 46 — Title 46
0 chapters · 434 sections in this title.
O.C.G.A. § 46-4-57 Exercise of right of eminent domain by gas utilities
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(a) Any gas utility shall have the right of eminent domain, to be exercised in the manner provided in Title 22, to acquire for its use any underground reservoir for the storage of gas, as well as such other property or interests in property as may be required to explore adequatel…
O.C.G.A. § 46-4-62 Effect of article on authority of Department of Natural Resources
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No provision of this article shall in any way be construed to impair or interfere with the authority of the Department of Natural Resources to prevent or abate injury, pollution, or contamination of any usable fresh-water resources. (Code 1933, § 93-813, enacted by Ga. L. 1965, p…
O.C.G.A. § 46-4-80 Legislative findings; declaration of need
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The General Assembly finds that certain political subdivisions of this state now own and operate gas distribution systems to serve their citizens, inhabitants, and customers by providing them with gas for all purposes; and if such political subdivisions are to furnish, and if the…
O.C.G.A. § 46-4-81 Definitions
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As used in this article, the term: (1) ‘‘Authority’’ means the Municipal Gas Authority of Georgia and any successor thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of a…
O.C.G.A. § 46-4-82 Creation of authority; principal office; legal situs
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(a) There is created a public body corporate and politic to be known as the Municipal Gas Authority of Georgia, which shall be a public corporation of the State of Georgia and which shall have perpetual existence. The authority, however, shall not be a political subdivision of th…
O.C.G.A. § 46-4-85 Authority members — Terms of office
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Upon the expiration of the terms of the first members of the authority, members shall be elected for three-year terms, provided that in the year in which a member’s term is to expire, the term shall not expire until the adjournment of the annual meeting for that year and until a …
O.C.G.A. § 46-4-86 Election committee members
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(a) Each political subdivision contracting with the authority for all or a substantial portion of its gas supply (other than short-term purchases) following the election of the first nine members of the authority shall designate a representative to the election committee no more …
O.C.G.A. § 46-4-87 Weighted vote of election committee members; quorum for election committee
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(a) In elections held by the election committee to elect members to the authority, each political subdivision entitled to representation on the election committee shall have and shall be entitled to have its representative on the election committee cast: (1) one whole vote; (2) p…
O.C.G.A. § 46-4-88 Vacancies in membership of authority
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Any vacancy in the membership of the authority shall be filled by a new member who shall be elected by the remaining members of the authority and who shall serve until the next meeting of the election committee. At the first meeting of the election committee following the filling…
O.C.G.A. § 46-4-89 Officers
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The authority shall elect from among its membership a chairman, a vice chairman, a secretary-treasurer, and an assistant secretary-treasurer. Such officers shall serve for such terms as shall be prescribed by resolution of the authority or until their successors are elected and q…
O.C.G.A. § 46-4-90 Quorum; majority vote
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At all meetings of the authority, the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority. No vacancy …
O.C.G.A. § 46-4-91 Annual and special meetings
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(a) The annual meeting of the authority shall be held on the anniversary date of the first meeting of the authority unless the date, time, and place of such annual meeting shall otherwise be fixed by resolution of the authority. (b) Special meetings of the authority may be called…
O.C.G.A. § 46-4-92 Compensation; expenses; personnel
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The members of the authority shall not be entitled to compensation for their services, but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and …
O.C.G.A. § 46-4-93 Removal of authority members from office
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The election committee shall have the power to remove from office any member of the authority for cause after written notice and public hearing. (Code 1981, § 46-4-93, enacted by Ga. L. 1987, p. 745, § 1.) 46-4-94. Records required.
O.C.G.A. § 46-4-94 Records required
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The authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings; of all income and receipts of every nature; and of all expenditures of every kind. (Code 1981, § 46-4-94, enacted by Ga. L. 1987, p. 745, § 1.) 46-4-95. Purpose.
O.C.G.A. § 46-4-95 Purpose
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The purpose of the authority shall be: (1) to acquire or construct, or to acquire and construct, and to operate and maintain, or to cause to be constructed, operated, and maintained, systems, projects, and facilities for the storage, acquisition, exploration, production, distribu…
O.C.G.A. § 46-4-96 Powers
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(a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this article including, but without limiting the generality of the foregoing, the power: (1) To sue and be sued in contract and in tort and to complain and de…
O.C.G.A. § 46-4-97 Not for profit operation
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The authority shall not operate or construct any project for profit, except insofar as any such profit will inure to the benefit of the public. The authority shall fix the rates, fees, and charges consistent with this declaration of policy such as will produce revenues only in am…
O.C.G.A. § 46-4-98 Public purpose; tax exemption; payments in lieu of taxes
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(a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity performing an essential go…
O.C.G.A. § 46-4-99 Contracts with political subdivisions
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(a) The authority may contract with any political subdivision of this state which is authorized by Code Section 46-4-100 to make such contracts for the 356 Page: 357 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:23 0000 42051-21 46-4-99 (QS) GA 04 R…