HB 1879 - City of Hartwell Recreation Authority; create
Georgia House of Representatives - 1995/1996 Sessions
HB 1879 - City of Hartwell Recreation Authority; create
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13
1. Powell 23rd
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 120 Nays 1 Senate Vote: Yeas 47 Nays 0
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House Action Senate
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3/6/96 Read 1st Time 3/8/96
3/7/96 Read 2nd Time
3/8/96 Favorably Reported 3/14/96
Committee Amend/Sub Am
3/8/96 Read 3rd Time
3/8/96 Passed/Adopted 3/14/96
Comm/Floor Amend/Sub CA
3/14/96 Amend/Sub Agreed To
4/1/96 Sent to Governor
4/4/96 Signed by Governor
759 Act/Veto Number
4/4/96 Effective Date
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Rules Suspended to Introduce
Code Sections amended:
HB 1879 HB 1879/AP
H. B. No. 1879 (AS PASSED HOUSE AND SENATE)
By: Representative Powell of the 23rd
A BILL TO BE ENTITLED
AN ACT
1- 1 To create the City of Hartwell Recreation Authority; to
1- 2 provide for a short title; to confer powers and impose
1- 3 duties on the authority; to provide for the membership of
1- 4 the authority and their terms of office, qualifications,
1- 5 duties, powers, and compensation; to provide for vacancies,
1- 6 organization, meetings, and expenses; to provide for
1- 7 definitions; to provide for revenue bonds and their form,
1- 8 denomination, signatures thereon, negotiability, sale, and
1- 9 use of proceeds from such sales; to provide for interim
1-10 documents and for lost or mutilated documents; to provide
1-11 for condition for issuance; to prohibit the pledge of credit
1-12 for the payment of bonds; to provide for trust indentures
1-13 and a sinking fund; to provide for payment of bond proceeds;
1-14 to provide for bondholder remedies and protection; to
1-15 provide for refunding bonds; to provide for bond validation;
1-16 to provide for venue and jurisdiction; to provide for trust
1-17 funds; to provide for authority purpose; to provide for
1-18 charges; to provide for rules and regulations; to provide
1-19 for tort immunity; to provide for tax exemptions; to provide
1-20 for supplemental powers; to provide for effect on other
1-21 governments; to provide for liberal construction; to provide
1-22 for related matters; to provide for an effective date; to
1-23 repeal conflicting laws; and for other purposes.
1-24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Short title.
1-25 This Act shall be known and may be cited as the "City of
1-26 Hartwell Recreation Authority Act."
SECTION 2.
1-27 City of Hartwell Recreation Authority.
1-28 (a) There is hereby created a public body corporate and
1-29 politic to be known as the "City of Hartwell Recreation
1-30 Authority," which shall be deemed to be a political
1-31 subdivision of the state and a public corporation, and by
H. B. No. 1879
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HB 1879/AP
2- 1 that name, style, and title said body may contract and be
2- 2 contracted with, sue and be sued, implead and be impleaded,
2- 3 and complain and defend in all courts of law and equity.
2- 4 The Authority shall have perpetual existence.
2- 5 (b) The Authority shall consist of five members who shall be
2- 6 appointed by the mayor and council of the City of Hartwell,
2- 7 Georgia. With respect to the initial appointment by the
2- 8 mayor and council of the City of Hartwell, Georgia, two
2- 9 members shall be appointed for a term of three years, two
2-10 members shall be appointed for a term of two years, and one
2-11 member shall be appointed for a term of one year.
2-12 Thereafter, all appointments, shall be made for terms of
2-13 three years and until successors are appointed and
2-14 qualified. Immediately after such appointments, the members
2-15 of the authority shall enter upon their duties. To be
2-16 eligible for appointment as a member of the Authority, a
2-17 person shall be at least 21 years of age, a resident of the
2-18 City of Hartwell for at least two years prior to the date of
2-19 his or her appointment, and shall not have been convicted of
2-20 a felony. Any member of the Authority may be selected and
2-21 appointed to succeed himself or herself. Neither the mayor
2-22 nor any member of the city council shall be a member of the
2-23 Authority. Vacancies on the authority shall be filled for
2-24 the remainder of the unexpired term by the appointment of a
2-25 qualified person by the mayor and council of the City of
2-26 Hartwell.
2-27 (c) The appointing mayor and council of the City of
2-28 Hartwell, Georgia, may provide by resolution for
2-29 compensation for the services of the members of the
2-30 Authority in such amounts as they may deem appropriate;
2-31 provided, however, that such members shall be reimbursed for
2-32 their actual expenses necessarily incurred in the
2-33 performance of their duties.
2-34 (d) The members of the Authority shall elect one of their
2-35 number as chairperson and another as vice chairperson. The
2-36 members of the Authority shall also elect a secretary, who
2-37 need not be a member of the Authority, and may also elect a
2-38 treasurer, who need not be a member of the Authority. The
2-39 secretary may also serve as treasurer. If the secretary or
2-40 treasurer is not a member of the Authority, such officer
2-41 shall have no voting rights. Each of such officers shall
2-42 serve for a period of one year and until their successors
2-43 are duly elected and qualified.
H. B. No. 1879
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HB 1879/AP
3- 1 (e) Three members of the Authority shall constitute a
3- 2 quorum. No vacancy on the Authority shall impair the right
3- 3 of the quorum to exercise all of the rights and perform all
3- 4 of the duties of the Authority.
SECTION 3.
Definitions.
3- 5 As used in this Act, the term:
3- 6 (1) "Authority" means the City of Hartwell Recreation
3- 7 Authority created by this Act.
3- 8 (2) "Costs of the project" means and embraces the cost
3- 9 of construction; the cost of all lands, properties,
3-10 rights, easements, and franchises acquired; the cost of
3-11 all machinery and equipment; financing charges; interest
3-12 prior to and during construction and for six months
3-13 after completion of construction; the cost of
3-14 engineering, architectural, fiscal agents', and legal
3-15 expenses, plans and specifications, and other expenses
3-16 necessary or incidental to determining the feasibility
3-17 or practicability of the project; administrative
3-18 expenses, and such other expenses as may be necessary or
3-19 incident to the financing herein authorized; working
3-20 capital; and all other costs necessary to acquire,
3-21 construct, add to, extend, improve, equip, operate, and
3-22 maintain the project.
3-23 (3) "Project" means (i) an athletic stadium or stadiums,
3-24 recreational centers and areas, including, but not
3-25 limited to, playgrounds; parks, hiking, camping, and
3-26 picnicking areas; swimming pools; lakes; golf courses;
3-27 tennis courts; athletic fields and courts; club houses
3-28 and gymnasiums; and all facilities appertaining to such
3-29 stadiums and recreational centers and areas, including,
3-30 but not limited to systems, plants, works,
3-31 instrumentalities, and properties used or useful in
3-32 connection with the collection, treatment, and disposal
3-33 of sewage, waste, and storm water and (ii) any
3-34 undertaking permitted by the Revenue Bond Law.
3-35 (4) "Revenue Bond Law" means Article 3 of Chapter 82 of
3-36 Title 36 of the O.C.G.A., the "Revenue Bond Law," or any
3-37 other similar law hereinafter enacted.
3-38 (5) "Revenue bonds" means revenue bonds authorized to be
3-39 issued pursuant to this Act.
H. B. No. 1879
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HB 1879/AP
4- 1 (6) "Self-liquidating" means any project which the
4- 2 revenues and earnings to be derived by the Authority,
4- 3 including but not limited to any contractual payments
4- 4 with governmental or private entities and all properties
4- 5 used, leased, and sold in connection therewith, together
4- 6 with any grants, will be sufficient to pay the costs of
4- 7 operating, maintaining, and repairing the project and to
4- 8 pay the principal and interest on the revenue bonds or
4- 9 other obligations which may be issued for the purpose of
4-10 paying the costs of the project.
4-11 (7) "State" means the state of Georgia.
SECTION 4.
Powers.
4-12 The Authority shall have the power:
4-13 (1) To have a seal and alter the same at its pleasure;
4-14 (2) To acquire by purchase, lease, gift, condemnation,
4-15 or otherwise and to hold, operate, maintain, lease, and
4-16 dispose of real and personal property of every kind and
4-17 character for its corporate purposes;
4-18 (3) To acquire in its own name by purchase, on such
4-19 terms and conditions and in such manner as it may deem
4-20 proper, or by condemnation in accordance with the
4-21 provisions of any and all existing laws applicable to
4-22 the condemnation of property for public use, real
4-23 property or rights or easements therein, or franchises
4-24 necessary or convenient for its corporate purposes, and
4-25 to use the same so long as its corporate existence shall
4-26 continue, and to lease or make contracts with respect to
4-27 the use of or dispose of the same in any manner it deems
4-28 to the best advantage of the Authority, the Authority
4-29 being under no obligation to accept and pay for any
4-30 property condemned under this Act, except from the funds
4-31 provided under the authority of this Act, and in any
4-32 proceedings to condemn, such orders may be made by the
4-33 court having jurisdiction of the suit, action, or
4-34 proceedings as may be just to the Authority and to the
4-35 owners of the property to be condemned, and no property
4-36 shall be acquired under the provisions of this Act upon
4-37 which any lien or encumbrance exists, unless at the time
4-38 such property is so acquired a sufficient sum of money
4-39 is to be deposited in trust to pay and redeem the fair
4-40 value of such lien or encumbrance;
H. B. No. 1879
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HB 1879/AP
5- 1 (4) To appoint, select, and employ, officers, agents,
5- 2 and employees, including engineering, architectural, and
5- 3 construction experts, fiscal agents, and attorneys and
5- 4 fix their respective compensations;
5- 5 (5) To execute contracts, leases, agreements, and
5- 6 instruments necessary or convenient in connection with
5- 7 the acquisition, construction, addition, extension,
5- 8 improvement, equipping, operation, or maintenance of a
5- 9 project; and any and all persons, firms, and
5-10 corporations and the state, and any institution,
5-11 department, or other agency thereof, and any county,
5-12 municipality, school district, or other political
5-13 subdivision or authority of the state are hereby
5-14 authorized to enter into contracts, leases, agreements,
5-15 or instruments with the Authority upon such terms and
5-16 for such purposes as they deem advisable and as they are
5-17 authorized by law;
5-18 (6) To acquire, construct, add to, extend, improve,
5-19 equip, operate, and maintain projects;
5-20 (7) To pay the costs of the project with the proceeds of
5-21 revenue bonds or other obligations issued by the
5-22 Authority or from any grant or contribution from the
5-23 United States of America or any agency or
5-24 instrumentality thereof or from the state or any agency
5-25 or instrumentality or other political subdivision
5-26 thereof or from any other source whatsoever;
5-27 (8) To accept loans or both loans and grants of money or
5-28 materials or property of any kind from the United States
5-29 of America or any agency or instrumentality thereof,
5-30 upon such terms and conditions as the United States of
5-31 America or such agency or instrumentality may require;
5-32 (9) To accept loans or grants or both loans and grants
5-33 of money or materials or property of any kind from the
5-34 state or any agency or instrumentality or political
5-35 subdivision thereof, upon such terms and conditions as
5-36 the state or such agency or instrumentality or political
5-37 subdivision may require;
5-38 (10) To borrow money for any of its corporate purposes
5-39 and to issue revenue bonds, and to provide for the
5-40 payment of the same and for the rights of the holders
5-41 thereof;
H. B. No. 1879
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HB 1879/AP
6- 1 (11) To exercise any power usually possessed by private
6- 2 corporations performing similar functions, including the
6- 3 power to incur short-term debt and to approve, execute,
6- 4 and deliver appropriate evidence of any such
6- 5 indebtedness; and
6- 6 (12) To do all things necessary or convenient to carry
6- 7 out the powers expressly given in this Act.
SECTION 5.
6- 8 Revenue bonds.
6- 9 The Authority, or any authority or body which has or which
6-10 may in the future succeed to the powers, duties, and
6-11 liabilities vested in the Authority created by this Act,
6-12 shall have power and is hereby authorized to provide by
6-13 resolution for the issuance of revenue bonds of the
6-14 Authority for the purpose of paying all or any part of the
6-15 costs of the project and for the purpose of refunding
6-16 revenue bonds or other obligations previously issued. The
6-17 principal of and interest on such revenue bonds shall be
6-18 payable solely from the special fund hereby provided for
6-19 such payment. The revenue bonds of each issue shall be
6-20 dated, shall bear interest at such rate or rates per annum,
6-21 payable at such time or times, shall mature at such time or
6-22 times not exceeding 40 years from their date or dates, shall
6-23 be payable in such medium of payment as to both principal
6-24 and interest as may be determined by the Authority, and may
6-25 be redeemable before maturity, at the option of the
6-26 Authority, at such price or prices and under such terms and
6-27 conditions as may be fixed by the Authority in the
6-28 resolution for the issuance of such revenue bonds.
SECTION 6.
6-29 Same; Form; Denomination; Registration;
6-30 Place of payment.
6-31 The Authority shall determine the form of the revenue bonds
6-32 and shall fix the denomination or denominations of the
6-33 revenue bonds. The revenue bonds may be issued in coupon or
6-34 registered form, or both, as the Authority may determine,
6-35 and provision may be made for registration and
6-36 exchangeability privileges. The Authority shall fix the
6-37 place or places of payment of principal and interest
6-38 thereon, which may be at any bank or trust company within or
6-39 without the state.
SECTION 7.
6-40 Same; Signatures; Seal.
H. B. No. 1879
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HB 1879/AP
7- 1 All such revenue bonds shall bear the manual or facsimile
7- 2 signature of the chairperson or vice chairperson of the
7- 3 Authority and the attesting manual or facsimile signature of
7- 4 the secretary, assistant secretary, or secretary-treasurer
7- 5 of the Authority, and the official seal of the Authority
7- 6 shall be impressed or imprinted thereon. Any coupons
7- 7 attached thereto shall bear the manual or facsimile
7- 8 signatures of the chairperson or vice chairperson and the
7- 9 secretary, assistant secretary, or secretary-treasurer of
7-10 the Authority. Any revenue bonds or coupons attached
7-11 thereto may bear the manual or facsimile signature of such
7-12 persons as at the actual time of the execution of such
7-13 revenue bonds or coupons shall be duly authorized or hold
7-14 the proper office, although at the date of issuance of such
7-15 revenue bonds, such person may not have been so authorized
7-16 or shall not have held such office. In case any officer
7-17 whose signature shall appear on any revenue bond or any
7-18 coupon shall cease to be such officer before the delivery of
7-19 such revenue bond, such signature shall nevertheless be
7-20 valid and sufficient for all purposes as if that person had
7-21 remained in office until such delivery.
SECTION 8.
7-22 Same; Negotiability; Exemption from taxation.
7-23 All revenue bonds shall have and are hereby declared to have
7-24 all the qualities and incidents of negotiable instruments
7-25 under the laws of this state. All revenue bonds, their
7-26 transfer, and the income therefrom shall be exempt from all
7-27 taxation within this state.
SECTION 9.
7-28 Same; Sale; Price; Proceeds.
7-29 The Authority may sell revenue bonds in such manner and for
7-30 such price as it may determine to be in the best interest of
7-31 the Authority. The proceeds derived from the sale of
7-32 revenue bonds shall be used solely for the purpose or
7-33 purposes provided in the resolutions and proceedings
7-34 authorizing the issuance of such revenue bonds.
SECTION 10.
7-35 Same; Interim receipts and certificates or
7-36 temporary bonds.
7-37 Prior to the preparation of any definitive revenue bonds,
7-38 the Authority may, under like restrictions, issue interim
7-39 receipts, interim certificates, or temporary revenue bonds,
H. B. No. 1879
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HB 1879/AP
8- 1 with or without coupons, exchangeable for definitive revenue
8- 2 bonds upon the issuance of the latter.
SECTION 11.
8- 3 Same; Replacement of lost of mutilated bonds.
8- 4 The Authority may provide for the replacement of any revenue
8- 5 bonds or coupons which shall become mutilated or be
8- 6 destroyed or lost.
SECTION 12.
8- 7 Same; Conditions precedent to issuance.
8- 8 The Authority shall adopt a resolution authorizing the
8- 9 issuance of the revenue bonds. In the resolution, the
8-10 Authority shall determine that the project financed with the
8-11 proceeds of the revenue bonds is self-liquidating. Revenue
8-12 bonds may be issued without any other proceedings or the
8-13 happening of any other conditions or things other than those
8-14 proceedings, conditions and things which are specified or
8-15 required by this Act. Any resolution providing for the
8-16 issuance of revenue bonds under the provisions of this Act
8-17 shall become effective immediately upon its passage and need
8-18 not be published or posted, and any such resolution may be
8-19 passed at any regular, special, or adjourned meeting of the
8-20 Authority by a majority of its members.
SECTION 13.
8-21 Credit not pledged.
8-22 Revenue bonds shall not be deemed to constitute a debt of
8-23 the City of Hartwell, Georgia, nor a pledge of the faith and
8-24 credit of said city, but such revenue bonds shall be payable
8-25 solely from the fund hereinafter provided for. The issuance
8-26 of such revenue bonds shall not directly, indirectly, or
8-27 contingently obligate said city to levy or to pledge any
8-28 form of taxation whatsoever for payment of such revenue
8-29 bonds or to make any appropriation for their payment, and
8-30 all such revenue bonds shall contain recitals on their face
8-31 covering substantially the foregoing provisions of this
8-32 section. Notwithstanding the foregoing provisions, this Act
8-33 shall not affect the ability of the Authority and said city
8-34 to enter into an intergovernmental contract pursuant to
8-35 which said city agrees to pay amounts sufficient to pay
8-36 operating charges and other costs of the Authority or any
8-37 project including, without limitation, the principal of and
8-38 interest on revenue bonds in consideration for services or
8-39 facilities of the Authority.
H. B. No. 1879
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HB 1879/AP
SECTION 14.
9- 1 Trust indenture as security.
9- 2 In the discretion of the Authority, any issuance of revenue
9- 3 bonds may be secured by a trust indenture by and between the
9- 4 Authority and a corporate trustee, which may be any trust
9- 5 company or bank having the powers of a trust company within
9- 6 or without the state. Either the resolution providing for
9- 7 the issuance of the revenue bonds or such trust indenture
9- 8 may contain such provisions for protecting and enforcing the
9- 9 rights and remedies of the bondholders as may be reasonable
9-10 and proper and not in violation of law, including covenants
9-11 setting forth the duties of the Authority in relation to the
9-12 acquisition and construction of the project, the
9-13 maintenance, operation, repair, and insuring of the project,
9-14 and the custody, safeguarding, and application of all
9-15 moneys.
SECTION 15.
9-16 To whom proceeds of bonds shall be paid.
9-17 In the resolution providing for the issuance of revenue
9-18 bonds or in the trust indenture, the Authority shall provide
9-19 for the payment of the proceeds of the sale of the revenue
9-20 bonds to any officer or person who, or any agency, bank, or
9-21 trust company which, shall act as trustee of such funds and
9-22 shall hold and apply the same to the purposes thereof,
9-23 subject to such regulations as this Act and such resolution
9-24 or trust indenture may provide.
SECTION 16.
9-25 Sinking fund.
9-26 The moneys received pursuant to an intergovernmental
9-27 contract and the revenues, fees, tolls, charges, and
9-28 earnings derived from any particular project or projects,
9-29 regardless of whether or not such revenues, fees, tolls,
9-30 fines, charges, and earnings were produced by a particular
9-31 project for which revenue bonds have been issued, unless
9-32 otherwise pledged and allocated, may be pledged and
9-33 allocated by the Authority to the payment of the principal
9-34 and interest on revenue bonds of the Authority as the
9-35 resolution authorizing the issuance of the revenue bonds or
9-36 in the trust indenture may provide, and such funds so
9-37 pledged from whatever source received shall be set aside at
9-38 regular intervals as may be provided in the resolution or
9-39 trust indenture, into a sinking fund, which said sinking
9-40 fund shall be pledged to and charged with the payment of:
H. B. No. 1879
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HB 1879/AP
10- 1 (i) The interest upon such revenue bonds as such
10- 2 interest shall fall due;
10- 3 (ii) The principal or purchase price of such revenue
10- 4 bonds as the same shall fall due;
10- 5 (iii) Any premium upon such revenue bonds as the
10- 6 same shall fall due;
10- 7 (iv) The purchase of such revenue bonds in the open
10- 8 market; and
10- 9 (v) The necessary charges of the paying agent for
10-10 paying principal and interest.
10-11 The use and disposition of such sinking fund shall be
10-12 subject to such regulations as may be provided in the
10-13 resolution authorizing the issuance of the revenue bonds or
10-14 in the trust indenture; but, except as may otherwise be
10-15 provided in such resolution or trust indenture, such sinking
10-16 fund shall be maintained as a trust account for the benefit
10-17 of all revenue bonds without distinction or priority of one
10-18 over another.
SECTION 17.
10-19 Remedies of bondholders.
10-20 Any holder of revenue bonds or any of the coupons
10-21 appertaining thereto, and the trustee under the trust
10-22 indenture, if any, except to the extent the rights herein
10-23 given may be restricted by a resolution passed before the
10-24 issuance of the revenue bonds or by the trust indenture,
10-25 may, either at law or in equity, by suit, action, mandamus,
10-26 or other proceedings, protect and enforce any and all rights
10-27 under the laws of this state, including specifically but
10-28 without limitation, the "Revenue Bond Law," or granted
10-29 hereunder or under such resolution or trust indenture, and
10-30 may enforce and compel performance of all duties required by
10-31 this Act or by such resolution or trust indenture to be
10-32 performed by the Authority or any officer thereof, including
10-33 the fixing, charging, and collecting of revenues, fees,
10-34 tolls, fines, and other charges for the use of the
10-35 facilities and services furnished.
SECTION 18.
Validation.
10-36 Revenue bonds and the security therefor shall be confirmed
10-37 and validated in accordance with the procedure of the
10-38 Revenue Bond Law. The petition for validation shall also
H. B. No. 1879
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HB 1879/AP
11- 1 make party defendant to such action the state, and any
11- 2 institution, department or other agency thereof, and any
11- 3 county, municipality, school district, or other political
11- 4 subdivision or authority of this state which has contracted
11- 5 with the Authority for services or facilities relating to
11- 6 the project for which revenue bonds are to be issued and
11- 7 sought to be validated, and such defendant shall be required
11- 8 to show cause, if any exists, why such contract or contracts
11- 9 shall not be adjudicated as a part of the basis for the
11-10 security for the payment of any such revenue bonds. The
11-11 revenue bonds when validated and the judgment of validation
11-12 shall be final and conclusive with respect to such revenue
11-13 bonds and the security for the payment thereof and interest
11-14 thereon and against the Authority and all other defendants.
SECTION 19.
11-15 Venue and jurisdiction.
11-16 Any action to protect or enforce any rights under the
11-17 provisions of this Act or any suit or action against such
11-18 Authority shall be brought in the Superior Court of Hart
11-19 County, Georgia, and any action pertaining to validation of
11-20 any revenue bonds issued under the provisions of this Act
11-21 shall likewise be brought in said court which shall have
11-22 exclusive, original jurisdiction of such actions.
SECTION 20.
11-23 Interest of bondholders protected.
11-24 While any of the revenue bonds issued by the Authority
11-25 remain outstanding, the powers, duties, or existence of said
11-26 Authority or its officers, employees, or agents shall not be
11-27 diminished or impaired in any manner that will affect
11-28 adversely the interests and rights of the holders of such
11-29 revenue bonds, and no other entity, department, agency, or
11-30 authority will be created which will compete with the
11-31 Authority to such an extent as to affect adversely the
11-32 interest and rights of the holders of such revenue bonds,
11-33 nor will the state itself so compete with the Authority.
11-34 The provisions of this Act shall be for the benefit of the
11-35 Authority and the holders of any such revenue bonds and,
11-36 upon the issuance of such revenue bonds under the provisions
11-37 hereof, shall constitute a contract with the holders of such
11-38 revenue bonds.
SECTION 21.
11-39 Moneys received considered trust funds.
H. B. No. 1879
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HB 1879/AP
12- 1 All moneys received pursuant to the authority of this Act,
12- 2 whether as proceeds from the sale of revenue bonds, as
12- 3 grants or other contributions, or as revenue, income, fees,
12- 4 and earnings, shall be deemed to be trust funds to be held
12- 5 and applied solely as provided in this Act.
SECTION 22.
12- 6 Purpose of the authority.
12- 7 Without limiting the generality of any provision of this
12- 8 Act, the general purpose of the Authority is declared to be
12- 9 that of providing recreational services and facilities and
12-10 other public services and facilities for the citizens in the
12-11 City of Hartwell, Georgia, and environs, including Hart
12-12 County, Georgia, and other counties and municipalities.
SECTION 23.
12-13 Rates, charges, and revenues; Use.
12-14 The Authority is hereby authorized to prescribe and fix
12-15 rates and to revise same from time to time and to collect
12-16 revenues, tolls, fees, and charges for the services,
12-17 facilities, and commodities furnished and, in anticipation
12-18 of the collection of the revenues, to issue revenue bonds or
12-19 other types of obligations as herein provided to finance, in
12-20 whole or in part, the costs of the project, and to pledge to
12-21 the punctual payment of said revenue bonds or other
12-22 obligations, all or any part of the revenues.
SECTION 24.
12-23 Rules, regulations, service policies, and
12-24 procedures for operation of projects.
12-25 It shall be the duty of the Authority to prescribe rules,
12-26 regulations, service policies, and procedures for the
12-27 operation of any project or projects constructed, acquired,
12-28 or constructed and acquired under the provisions of this
12-29 Act, including the basis upon which recreational services
12-30 and facilities and other public services and facilities
12-31 shall be furnished. The Authority may adopt bylaws.
SECTION 25.
12-32 Tort immunity.
12-33 To the extent permitted by law, the Authority shall have the
12-34 same immunity and exemption from liability for torts and
12-35 negligence as the City of Hartwell, Georgia; and the
12-36 officers, agents, and employees of the Authority when in the
12-37 performance of the work of the Authority shall have the same
12-38 immunity and exemption from liability for torts and
H. B. No. 1879
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HB 1879/AP
13- 1 negligence as the officers, agents, and employees of the
13- 2 City of Hartwell, Georgia, when in the performance of their
13- 3 public duties or work of the city.
SECTION 26.
13- 4 Tax-exempt status of authority. (Index)
13- 5 The properties of the Authority, both real and personal, are
13- 6 declared to be public properties used for the benefit and
13- 7 welfare of the people of the state and not for purposes of
13- 8 private or corporate benefit and income, and such properties
13- 9 and the Authority shall be exempt from all taxes and special
13-10 assessments of any municipality, county, or the state and
13-11 any political subdivision thereof.
SECTION 27.
13-12 Effect on other governments.
13-13 This Act shall not and does not in any way take from the
13-14 City of Hartwell, Georgia, or any county or municipality the
13-15 authority to own, operate, and maintain recreational
13-16 facilities or to issue revenue bonds as provided by the
13-17 Revenue Bond Law.
SECTION 28.
13-18 Liberal construction of Act.
13-19 This Act being for the welfare of various political
13-20 subdivisions of the state and its inhabitants shall be
13-21 liberally construed to effect the purposes hereof.
SECTION 29.
13-22 Severability; Effect of partial invalidity of Act.
13-23 The provisions of this Act are severable, and if any of its
13-24 provisions shall be held unconstitutional by any court of
13-25 competent jurisdiction, the decision of such court shall not
13-26 affect or impair any of the remaining provisions.
SECTION 30.
13-27 Effective date.
13-28 This Act shall become effective upon its approval by the
13-29 Governor or upon its becoming law without such approval.
SECTION 31.
Repealer.
13-30 All laws and parts of laws in conflict with this Act are
13-31 repealed.
H. B. No. 1879
-13- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97