Bill Text: GA SB390 | 2009-2010 | Regular Session | Engrossed
Bill Title: Local Government; municipal corporation may determine when to establish a conservation easement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-06-04 - Effective Date [SB390 Detail]
Download: Georgia-2009-SB390-Engrossed.html
10 LC 37 1020S
(SCS)
Senate
Bill 390
By:
Senator Carter of the 1st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating
to the acquisition and disposition of real and personal property generally, so
as to provide for definitions; to provide that a municipal corporation may
determine when it is appropriate to establish a conservation easement; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
37 of Title 36 of the Official Code of Georgia Annotated, relating to the
acquisition and disposition of real and personal property generally, is amended
by revising subsection (a) of Code Section 36-37-6, relating to the sale or
disposition of municipal property, as follows:
"(a)
Except as otherwise provided in subsections (b) through
(i)(j)
of this Code section, the governing authority of any municipal corporation
disposing of any real or personal property of such municipal corporation shall
make all such sales to the highest responsible bidder, either by sealed bids or
by auction after due notice has been given. Any such municipal corporation
shall have the right to reject any and all bids or to cancel any proposed sale.
The governing authority of the municipal corporation shall cause notice to be
published once in the official legal organ of the county in which the
municipality is located or in a newspaper of general circulation in the
community, not less than 15 days nor more than 60 days preceding the day of the
auction or, if the sale is by sealed bids, preceding the last day for the
receipt of proposals. The legal notice shall include a general description of
the property to be sold if the property is personal property or a legal
description of the property to be sold if the property is real property. If the
sale is by sealed bids, the notice shall also contain an invitation for
proposals and shall state the conditions of the proposed sale, the address at
which bid blanks and other written materials connected with the proposed sale
may be obtained, and the date, time, and place for the opening of bids. If the
sale is by auction, the notice shall also contain the conditions of the proposed
sale and shall state the date, time, and place of the proposed sale. Bids
received in connection with a sale by sealed bidding shall be opened in public
at the time and place stated in the legal notice. A tabulation of all bids
received shall be available for public inspection following the opening of all
bids. All such bids shall be retained and kept available for public inspection
for a period of not less than 60 days from the date on which such bids are
opened. The provisions of this subsection shall not apply to any transactions
authorized in subsections (b) through
(i)(j)
of this Code section."
SECTION
2.
Said
chapter is further amended in Code Section 36-37-6, relating to the sale or
disposition of municipal property, by revising subsection (j) as
follows:
"(j)(1)
As used in this subsection, the term:
(A)
'Conservation easement' shall have the same meaning as set forth in Code Section
44-10-2.
(B)
'Holder' shall have the same meaning as set forth in Code Section
44-10-2.
(2)
Not withstanding any provision of this Code section or of any other law or
ordinance to the contrary, whenever the governing authority of any municipal
corporation determines that the establishment of a conservation easement would
be of benefit to the municipal corporation and to its citizens, such governing
authority may sell or grant to any holder a conservation easement over any of
its real property, including but not limited to any of its real property set
aside for use as a park. These powers shall be cumulative of other powers and
shall not be deemed to limit their exercise in any way.
(k)(1)
Notwithstanding any provision of this Code section or any other law to the
contrary, the General Assembly by local Act may authorize the governing
authority of any municipal corporation to lease or enter into a contract for a
valuable consideration for the operation and management, and renewals and
extensions thereof, of any real or personal property comprising fairgrounds,
ballfields, golf courses, swimming pools, or other like property used primarily
for recreational purposes for a period not to exceed five years to a nonprofit
corporation which is qualified as exempt from taxation under the provisions of
Section 501(c)(3) of the Internal Revenue Code of 1986 that will covenant to use
and operate the property for annual regional fair purposes or to continue the
recreational purpose for which the property was formerly used and intended on a
nondiscriminatory basis for the use and benefit of all citizens of the
community; provided, however, that nothing in this subsection shall have the
effect of authorizing alienation of title to such property in derogation of
rights, duties, and obligations imposed by prior deed, contract, or like
document of similar import or that would cause the divesting of title to
property dedicated to public use and not subsequently abandoned; and provided
further, that the lessee or contractee under a management contract shall not
mortgage or pledge the property as security for any debt or incur any
encumbrance that could result in a lien or claim of lien against the property.
The lease or management contract may provide for options to renew such lease or
management contract for not more than three renewal periods and each such
renewal period shall not be greater than the original length of such lease or
management contract. As a condition of any lease or management contract, the
lessee or contractee shall provide and maintain in force and effect throughout
the term of such lease or management contract sufficient liability insurance, in
an amount not less than $1 million per claim, no aggregate, naming the
municipality as a named insured; shall assume sole responsibility for or incur
liability for any injury to person or property caused by any act or omission of
such person while on the property; and shall agree to indemnify the municipality
and hold it harmless from any claim, suit, or demand made by such person. As an
additional condition of any such lease or management contract, the lessee or
contractee shall provide to and maintain with the municipality a current copy of
the liability insurance policy, including any changes in such policy or
coverages as such changes occur, and shall provide proof monthly in writing to
the municipality that the lessee or contractee has in force and effect the
liability insurance required by this paragraph which the municipality shall
retain on file. As a further condition of any lease or management contract, the
lessee or contractee shall agree to indemnify the municipality and hold it
harmless from any claim, suit, or demand arising out of any improvements to the
property or any indebtedness or obligations incurred by the lessee or contractee
in making any such improvements to such property. When the lessee or contractee
charges any person to enter or go upon the land for the purpose of attending the
annual regional fair or for attending or participating in recreational purposes,
the consideration received by the municipal corporation for the lease or
management contract shall not be deemed a charge within the meaning of Article 2
of Chapter 3 of Title 51.
(2)
Any governing authority entering into a lease as provided in paragraph (1) of
this subsection shall have the right unilaterally to terminate such lease after
giving three months' notice of its intention to do so.
(3)
Any lease entered into as provided in paragraph (1) of this subsection shall be
automatically terminated upon conviction of the lessee or contractee for any
offense involving the conduct of unlawful activity. In such event, any
improvements to the property made by the lessee shall be forfeited. The
municipality shall not be liable in any manner or subject to suit for any
indebtedness or other obligations of the lessee or contractee associated with
any such improvements to the property and shall take such improvements free and
clear of any such indebtedness or other obligations.
(l)(1)
In addition to any other authorization or power, the governing authority of any
municipal corporation may lease or enter into a contract for valuable
consideration for the use, operation, or management of any real or personal
property of the municipal corporation; provided, however, that:
(A)
Any lease or contract for the use, operation, or management of any real or
personal property for longer than 30 days shall be by sealed bids or by auction
as provided in subsection (a) of this Code section;
(B)
Nothing in this subsection shall have the effect of authorizing alienation of
title to such property in derogation of rights, duties, and obligations imposed
by prior deed, contract, or like document of similar import or shall cause the
divesting of title to property dedicated to public use and not subsequently
abandoned; and
(C)
The lessee or contractee shall not mortgage or pledge the property, lease or
contract the property as security for any debt, or incur any encumbrance that
could result in a lien or claim of lien against the property, lease, or
contract.
(2)
As a condition of any lease or contract for the use, operation, or management of
any real or personal property for longer than 30 days:
(A)
The lessee or contractee shall provide and maintain in force in effect
throughout the term of such lease or contract sufficient liability insurance, in
an amount not less than $1 million per claim, no aggregate, naming the
municipality as a named insured; (B) The lessee or contractee shall assume sole
responsibility for or incur liability for any injury to person or property
caused by any act or omission of any person while on the property and shall
agree to indemnify the municipality and hold it harmless from any claim, suit,
or demand made by any person; and
(C)
The lessee or contractee shall agree to indemnify the municipality and hold it
harmless from any claim, suit, or demand arising out of any improvements to the
property or any indebtedness or obligations incurred by the lessee or contractee
in making any such improvement to such property.
(3)
The initial term of a lease or contract for the use of real property shall be no
longer than five years and there may be one renewal period of no longer than
five years, after which the lease or contract shall again be subject to sealed
bids or auction. When the lessee or contractee charges any person to enter or go
upon the real property for recreational purposes, the consideration received by
the municipal corporation for the lease or contract shall not be deemed a charge
within the meaning of Article 2 of Chapter 3 of Title 51.
(4)
This subsection shall apply to any lease or contract entered into or renewed on
or after July 1, 2010. This subsection shall not effect any provisions of
subsection (k) of this Code
section."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.