HB1415: HB1415 Stone Mountain Memorial Association; hold all real property obtained before January 1, 1971, in trust; require

26 LC 65 0069-EC/AP House Bill 1415 (AS PASSED HOUSE AND SENATE) By: Representatives Seabaugh of the 34th, Sainz of the 180th, Martinez of the 111th, Hong of the 103rd, Mitchell of the 88th, and others A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 6 of Chapter 3 of Title 12 and Article 1 of Chapter 16 of Title 501 of the Official Code of Georgia Annotated, relating to the Ston e Mountain Memorial2 Association and public property of state generally, respectivel y, so as to require such3 association to hold all real property obtained before January 1, 1971, in trust; to prohibit such4 association from selling such real property; to provide for an exception; to provide for5 requirements for the exceptional sale of real property by such association; to provide for6 applicability; to provide for related matters; to repeal confli cting laws; and for other7 purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Co de of Georgia Annotated,11 relating to the Stone Mountain Memorial Association, is amended by revising Code Section12 12-3-194, relating to powers of association generally, as follows:13 "12-3-194.14 The association shall have, in addition to any other powers con ferred in this part, the15 following powers:16 H. B. 1415 - 1 - 26 LC 65 0069-EC/AP (1) To have a seal and alter it at its pleasure;17 (2) To acquire Stone Mountain and such surrounding area as the association may deem18 necessary for the proper development, management, preservation, and protection of Stone19 Mountain, by purchase from the owner or owners thereof, and to pay therefor such price20 as may be agreed upon;21 (3) To acquire, by purchase, lease, or otherwise, and to hold, lease, and dispose of, in any22 manner, real and personal property of every kind and character for its corporate23 purposes,; provided, however, that as provided subject to the prohibitions set forth in24 subsection (b) of Code Section 50-16-3.1, no real property may be sold unless necessary25 for a public road right of way and provided that:26 (A) The association shall maintain an inventory of its real property in compliance with27 Code Section 50-16-121;28 (B) Any real property acquired or sold by the association shal l be subject to the29 requirements of Code Section 50-16-122; and30 (C) Upon the sale of any real property, the funds from such sale shall be remitted to the31 association for purposes consistent with the provisions of this part;32 (4) To appoint such additional officers, who need not be members of the association, as33 the association deems advisable, and to employ such experts, agents, and employees as34 may be in its judgment necessary to carry on properly the business of the association; to35 fix the compensation for such officers, experts, agents, and em ployees and to promote36 and discharge same; provided, however, that all legal services for the association except37 legal services in validating and approving bonds authorized by this part shall be rendered38 by the Attorney General and his staff and no fee shall be paid to any attorney or law firm39 for legal services within or outside the State of Georgia, exce pt for validating and40 approving such bonds. The association shall have authority to p ay such federal fees,41 stamps, and all licenses, together with any court costs that may be incurred by virtue of42 the powers granted by this part;43 H. B. 1415 - 2 - 26 LC 65 0069-EC/AP (5) To make such contracts and agreements as the legitimate and necessary purposes of44 this part shall require and to make all other contracts and agreements as may be necessary45 or convenient in the management of the affairs of the association or in the operation of46 the project, including, but not limited to, any lease of the project or any part thereof, and47 any contract with respect to the use of the property or any part thereof for concessions,48 services, or accommodations to be offered to the public within the project area. Any and49 all persons, firms, and corporations, including any public offi cer or agency, are50 authorized to enter into contracts, leases, or agreements with the association upon such51 terms and for such purposes as may be deemed advisable;52 (6) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, manage,53 and operate the project as defined in Code Section 12-3-191, the cost of any such action54 to be paid in whole or in part from the proceeds of revenue bon ds of the association;55 provided, however, that:56 (A) The association shall not undertake any such activity havi ng a projected cost of57 over $1 million unless it has first evaluated the feasibility of involving private persons58 or entities in the development, construction, operation, and management of the project,59 including the proposed activities, and has filed a copy of such evaluation with the60 Office of Planning and Budget and with the Recreational Authori ties Overview61 Committee; and62 (B) Except as contained in the master plan as it existed on Ja nuary 1, 1995, no63 development shall occur within the bounds of the natural distri ct. The venues for the64 1996 Summer Olympic Games for archery and for the velodrome shall be removed at65 the completion of the Olympic Games and the grounds returned to an undeveloped66 state. After the removal of such construction, only construction contained in the master67 plan as it existed on January 1, 1995, may take place in the natural district except as the68 master plan may be amended in accordance with Code Section 12-3-194.2;69 H. B. 1415 - 3 - 26 LC 65 0069-EC/AP (7) To borrow money for any of its corporate purposes and to i ssue bonds and other70 evidence of indebtedness for such purposes as provided in this part;71 (8) To pledge to the payment of its bonds any property or revenues derived therefrom;72 (9) To establish rates, tolls, fees, and charges for its facilities and services, including fees73 or charges for access to the memorial, and to alter such rates and charges, and to collect74 and enforce collection of the same; provided, however, that the association shall be a75 nonprofit organization, and such rates, tolls, fees, and charges shall be only sufficient to76 produce funds necessary to construct, reconstruct, develop, improve, equip, manage, and77 operate the project and to pay the principal of and the interes t on obligations of the78 association and expenses in connection therewith and to create reserves therefrom for the79 purpose of adding to, extending, improving, and equipping the project;80 (10) To exercise any power which may be granted or authorized to be granted to private81 corporations, not in conflict with the Constitution and laws of this state nor with the other82 provisions of this part;83 (11) To prescribe rules and regulations for the operation of t he project, should the84 association deem such rules and regulations necessary;85 (12) To do and perform all things necessary or convenient to c arry out the powers86 conferred upon the association;87 (13) To make reasonable regulations for the installation, cons truction, maintenance,88 repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles,89 towers, tracts, and other equipment and appliances of any publi c utility in, on, along,90 over, or under the project or any part thereof; and91 (14) To sell, upon obtaining a license from the Department of Revenue, alcoholic92 beverages, as defined in Title 3, at any motel, hotel, restaura nt, coliseum area, or93 convention center of the association and at any group or meeting function closed to the94 general public and for which services are provided by contract with the association within95 or upon property or facilities owned, operated, used, or controlled by the Stone Mountain96 H. B. 1415 - 4 - 26 LC 65 0069-EC/AP Memorial Association, but no licenses for the sale of alcoholic beverages in unbroken97 packages for carry-out purposes shall be issued."98 SECTION 2.99 Article 1 of Chapter 16 of Title 50 of the Official Code of Geo rgia Annotated, relating to100 public property of state generally, is amended by revising Code Section 50-16-3.1, relating101 to state authorities prohibited from selling real property and exceptions, as follows:102 "50-16-3.1.103 (a) As used in this Code section, the term 'state authority' means:104 (1) The Jekyll Island—State Park Authority provided for in Part 1 of Article 7 of Chapter105 3 of Title 12; or106 (2) The Stone Mountain Memorial Association provided for in Pa rt 4 of Article 6 of107 Chapter 3 of Title 12.108 (b) The provisions of any other laws of this state to the contrary notwithstanding, no state109 authority shall be authorized to sell real property; provided, however, this prohibition shall110 not apply to the sale or other disposition of real property by a state authority when such real111 property is necessary for a public road right of way.112 (a) Notwithstanding any other laws of this state to the contrary, the Jekyll Island—State113 Park Authority provided for in Part 1 of Article 7 of Chapter 3 of Title 12 shall not be114 authorized to sell real property; provided, however, that this prohibition shall not apply to115 the sale or other disposition of real property by such authorit y when the sale of the real116 property is necessary for a public road right of way.117 (b) Notwithstanding any other laws of this state to the contra ry, the Stone Mountain118 Memorial Association provided for in Part 4 of Article 6 of Chapter 3 of Title 12 shall not119 be authorized to sell real property acquired by such association prior to January 1, 1971,120 and such property shall be held in trust for the benefit of the citizens of this state; provided,121 however, that this prohibition shall not apply to the sale or other disposition of such real122 H. B. 1415 - 5 - 26 LC 65 0069-EC/AP property by such association when the sale of the real property is necessary for a public123 road right of way."124 SECTION 3.125 All laws and parts of laws in conflict with this Act are repealed.126 H. B. 1415 - 6 -