2006 Georgia Code - 12-5-474

12-5-474. (a) The department is authorized to fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the department for the use of a project or part thereof or combination thereof, and for the goods and services provided by the department in conjunction with such use, as the department may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from a project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the department, if any, to pay the cost of maintaining, repairing, and operating a project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the department on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain. (b) Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the operation of the projects for use in the operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. (c) The department may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the department may determine necessary or appropriate; and the department shall require a water conservation plan approved pursuant to rules and regulations prescribed by the Board of Natural Resources.

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