| HB 239 - Macon, City of; water authority; additional powers |
First Reader Summary
A BILL to amend an Act known as the "Macon Water Authority Act,"
so as to provide for additional purposes, powers and definitions;
to provide for matters having to do with solid waste and
industrial development; and for other purposes.
| House |
Action |
Senate |
| 1/27/99 |
Read 1st Time |
|
| 1/28/99 |
Read 2nd Time |
|
HB 239 LC 11 9662/1
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act known as the "Macon Water Authority Act,"
1- 2 approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended,
1- 3 particularly by an Act approved March 25, 1996 (Ga. L. 1996,
1- 4 p. 3619), so as to provide for additional purposes, powers,
1- 5 and definitions; to provide for matters having to do with
1- 6 solid waste and industrial development; to authorize said
1- 7 authority to enter into a contract or contracts with the
1- 8 City of Macon, Bibb County, the Macon-Bibb County Industrial
1- 9 Authority or any authority of such city or county, or any
1-10 political subdivision of this state, separately or jointly,
1-11 with respect to the opening, operation, closing,
1-12 maintaining, or monitoring of solid waste landfills; to
1-13 authorize said authority to enter into a contract or
1-14 contracts with Bibb County or to authorize the authority and
1-15 any political subdivision of this state to, directly or
1-16 through a subsidiary, acquire, construct, operate, close, or
1-17 monitor solid waste landfills; to authorize said authority
1-18 to contract with Bibb County and the Macon-Bibb County
1-19 Industrial Authority with respect to the acquisition,
1-20 construction, or development of industrial sites or
1-21 facilities, including a drug treatment facility; to provide
1-22 for the limited use of funds of said authority received from
1-23 water and sewer revenues for specified purposes and powers;
1-24 to provide for a revolving fund; to provide for the pledge
1-25 of funds to pay certain revenue bonds; to provide for
1-26 options on property; to provide that water and sewer
1-27 revenues of said authority will not be used for any purpose
1-28 which would impair the payment of any obligations on revenue
1-29 bonds issued by or on behalf of the authority; to provide
1-30 for an effective date; to repeal conflicting laws; and for
1-31 other purposes.
1-32 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-33 SECTION 1.
1-34 An Act known as the "Macon Water Authority Act," approved
1-35 March 23, 1992 (Ga. L. 1992, p. 4991), as amended,
-1-
2- 1 particularly by an Act approved March 25, 1996 (Ga. L. 1996,
2- 2 p. 3619), is amended by adding at the end of Section 3
2- 3 thereof a new sentence to read as follows:
2- 4 "The authority shall also have the purpose of assisting
2- 5 the City of Macon, Bibb County, and the Macon-Bibb County
2- 6 Industrial Authority with respect to solid waste landfills
2- 7 and industrial development as set forth in paragraph
2- 8 (19.1) of Section 5 of this Act."
2- 9 SECTION 2.
2-10 Said Act is further amended by adding at the end of
2-11 paragraph (3) of Section 4 thereof a new sentence to read as
2-12 follows:
2-13 "'Project' shall also include all things used or useful in
2-14 connection with the performance of any of the contracts
2-15 with respect to solid waste landfills or industrial
2-16 development as authorized in paragraph (19.1) of Section 5
2-17 of this Act."
2-18 SECTION 3.
2-19 Said Act is further amended by striking "and" at the end of
2-20 paragraph (19) of Section 5 thereof and adding immediately
2-21 thereafter the following:
2-22 "(19.1)(A) To enter into a contract or contracts with
2-23 the City of Macon for the closure of the city's Walker
2-24 Road MSW Landfill and, after closure, to monitor the
2-25 same as required by such contract or laws of the State
2-26 of Georgia and the United States with respect thereto
2-27 and to use revenues from its water and sewer
2-28 operations for such purpose; provided, however, such
2-29 contract shall not require nor permit the expenditure
2-30 of authority funds in excess of $308,000.00 per year
2-31 or an aggregate sum of $7,737,000.00 over the life of
2-32 the contract; provided, further, any funds provided by
2-33 the authority for such purpose shall be deposited and
2-34 held in a special trust account and shall be withdrawn
2-35 and expended only for the purposes authorized in this
2-36 subparagraph; provided, however, any funds therein may
2-37 be placed in interest-bearing accounts with any
2-38 interest therefrom to be part of the fund;
2-39 (B) To enter into a contract or contracts with Bibb
2-40 County, the Macon-Bibb County Industrial Authority, or
2-41 both, with respect to acquiring and developing
2-42 industrial sites and facilities, including, without
-2-
3- 1 limitation, the construction or renovation of
3- 2 buildings and facilities for lease or sale to
3- 3 industrial or other companies providing employment
3- 4 within Bibb County. The authority may utilize its
3- 5 revenues from its water and sewer operations for the
3- 6 performance of such contracts; provided, however, such
3- 7 contracts shall not require nor permit the expenditure
3- 8 of authority funds in excess of $704,000.00 per annum
3- 9 nor an aggregate of more than $17,600,000.00 over the
3-10 life of the contract. Included within the purposes
3-11 and powers authorized in this subparagraph is the
3-12 authority to contract with Bibb County to provide
3-13 nonrefundable funds for the construction of a drug
3-14 treatment facility, for which $154,000.00 per annum,
3-15 or a total of $3,850,000.00 of the funds authorized
3-16 above shall be utilized;
3-17 (C) To create a revolving fund for the funding of the
3-18 contracts authorized in subparagraph (B) or in
3-19 anticipation of such contracts. Any funds paid into
3-20 such fund by the authority shall be subject to the
3-21 limitation provided in subparagraph (B) of this
3-22 paragraph and funds deposited therein shall be
3-23 utilized solely for the purposes authorized by said
3-24 subparagraph (B). Any funds received by the authority
3-25 from any contract authorized in said subparagraph (B)
3-26 not required to be utilized in the performance of such
3-27 contract or contracts shall be deposited into such
3-28 revolving fund so as to maintain the availability of
3-29 funds for additional or new contracts of the same type
3-30 or nature. Funds recovered from any such project and
3-31 deposited into the revolving fund shall not be counted
3-32 for the limitation purposes provided in said
3-33 subparagraph (B);
3-34 (D) To enter into contracts with any political
3-35 subdivision of this state to open, maintain, and
3-36 operate a sanitary landfill; provided, however, any
3-37 such contract or contracts must include Bibb County as
3-38 a party thereto. The authority may utilize revenues
3-39 from its water and sewer operations for such purpose
3-40 but not to exceed $308,000.00 per annum nor
3-41 $7,737,000.00 over the life of the contract. Any
3-42 funds used in connection with the contracts authorized
3-43 in this subparagraph, except funds received from the
3-44 operation of such project or projects, shall be a
-3-
4- 1 charge against the annual and maximum authorization
4- 2 contained in this subparagraph;
4- 3 (E) No contract authorized by this paragraph (19.1)
4- 4 shall extend for a period longer than 50 years;
4- 5 (F) No contract will be entered into pursuant to the
4- 6 authority of this paragraph (19.1) which would impair
4- 7 the payment of any obligations on revenue bonds issued
4- 8 by or on behalf of the authority;
4- 9 (G) To pledge the payment of any funds authorized by
4-10 this paragraph (19.1) to be used for any of the
4-11 purposes set forth in this paragraph (19.1) to the
4-12 repayment of any revenue bonds issued by the
4-13 authority, the City of Macon, Bibb County, or the
4-14 Development Authority of Bibb County for the purpose
4-15 of raising funds to carry out the provisions of any
4-16 contract or contracts entered into under the authority
4-17 of this paragraph (19.1);
4-18 (H) To form a corporation or corporations to perform
4-19 any of the contracts or powers authorized in
4-20 subparagraphs (A) and (D) of this paragraph; provided,
4-21 however, such corporations shall be operated
4-22 completely separate and distinct from the authority,
4-23 except that some members of the authority may serve as
4-24 directors of such corporations; and the authority
4-25 shall not be liable for any of the acts or omissions
4-26 of such corporation, nor may it lend its credit or
4-27 assets to such corporation without a charge for the
4-28 fair value thereof; and
4-29 (I) To use reasonable amounts of the funds authorized
4-30 in subparagraphs (B) and (D) of this paragraph to
4-31 obtain options on property or properties sought to be
4-32 acquired for the purposes set out in those
4-33 subparagraphs;".
4-34 SECTION 4.
4-35 This Act shall become effective upon its approval by the
4-36 Governor or upon its becoming law without such approval.
4-37 SECTION 5.
4-38 All laws and parts of laws in conflict with this Act are
4-39 repealed.
-4-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
