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SB 209 - Conyers-Rockdale Amateur Athletics Auth. - change name

Guhl, Bob (45th)	Crotts, Mike D (17th)

Status Summary	SC:	SLGO	HC:	LLeg	FR:	02/23/99	LA:	04/09/99	Signed by Governor

First Reader Summary

A bill to amend an Act creating the Conyers-Rockdale Amateur Athletics Authority so as to change the name of the authority to the Conyers Athletics Authority; to change the membership of the authority; to change the powers of the authority; to provide for conforming changes; to provide an effective date.

SB 209 99                                          LC 24 1412 
 
      SENATE BILL 209 
 
      By:  Senators Guhl of the 45th and Crotts of the 17th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend an Act creating the Conyers-Rockdale Amateur 
  1- 2  Athletics Authority, approved April 4, 1991 (Ga. L. 1991, p. 
  1- 3  4236), so as to change the name of the authority to the 
  1- 4  Conyers Athletics Authority; to change the membership of the 
  1- 5  authority; to change the powers of the authority; to provide 
  1- 6  for conforming changes; to provide an effective date; to 
  1- 7  provide for related matters; to repeal conflicting laws; and 
  1- 8  for  other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  An Act creating the Conyers-Rockdale Amateur Athletics 
  1-12  Authority, approved April 4, 1991 (Ga. L. 1991, p. 4236), is 
  1-13  amended by striking Sections 1 and 2 and inserting in lieu 
  1-14  thereof new sections to read as follows: 
 
 
 
  1-15    (a) There is created a body corporate and politic to be 
  1-16    known as the Conyers Athletics Authority, which shall be 
  1-17    deemed to be a political subdivision of the State of 
  1-18    Georgia and a public corporation; and by that name, style, 
  1-19    and title, said body may contract and be contracted with, 
  1-20    bring and defend actions, and implead and be impleaded in 
  1-21    all courts of law and equity.  The Conyers Athletics 
  1-22    Authority is the successor entity to the Conyers-Rockdale 
  1-23    Amateur Athletics Authority. 
 
  1-24    (b) Without limiting the generality of any provisions of 
  1-25    this Act, the general purpose of the authority is declared 
  1-26    to be that of acquiring, constructing, equipping, 
  1-27    maintaining, and operating one or more projects as defined 
  1-28    in paragraph (2) of Section 4.  The authority is also 
  1-29    authorized to provide for the extension and improvements 
  1-30    of such facilities and the acquisition of the necessary 
  1-31    property therefor, both real and personal, with the right 
  1-32    to contract for the use of, or to lease or sell, any or 
  1-33    all of such facilities, including real property, and to do 
 
 
                                 -1- 
 
 
 
  2- 1    any and all things deemed by the authority necessary, 
  2- 2    convenient, and desirable for and incident to the 
  2- 3    efficient and proper development of such types of 
  2- 4    undertakings. 
 
 
 
  2- 5    (a) On and after July 1, 1999, the authority shall consist 
  2- 6    of five members, and the members of the predecessor 
  2- 7    authority shall vacate their offices on June 30, 1999. 
  2- 8    All such members shall be appointed by the mayor of the 
  2- 9    City of Conyers (the 'city') and confirmed by the city 
  2-10    council, and one member shall be a member of the city 
  2-11    council.  Initially the mayor of the city shall designate 
  2-12    the city council member and one other member to serve for 
  2-13    a term of one year, two members to serve for a term of two 
  2-14    years, and one member to serve for a term of three years. 
  2-15    Thereafter all members shall serve for terms of office of 
  2-16    three years and until their successors are appointed and 
  2-17    qualified. Vacancies shall be filled by the mayor in the 
  2-18    same manner as the original appointment for the expiration 
  2-19    of the term of office.  The members of the authority shall 
  2-20    annually elect one of their members to serve as the 
  2-21    chairman of the authority and another of their members to 
  2-22    serve as a vice chairman. The members of the authority 
  2-23    shall also elect a secretary-treasurer to serve at their 
  2-24    pleasure, who may or may not be a member of the authority. 
 
  2-25    (b) In addition to the regular members of the authority, 
  2-26    the city manager shall serve as an ex officio member of 
  2-27    the authority. 
 
  2-28    (c) All members of the authority shall serve at the 
  2-29    pleasure of the mayor and city council, and any member can 
  2-30    be  removed by two-third's vote of the mayor and city 
  2-31    council, with the mayor having the right to vote on the 
  2-32    question of removal. 
 
  2-33    (d) Each member of the authority shall be reimbursed in 
  2-34    full for all reasonable expenses incurred in connection 
  2-35    with the performance of activities that serve the purposes 
  2-36    for which the authority was created.  All such 
  2-37    reimbursements shall be approved by the authority. 
 
  2-38    (e) Prior to taking office the members of the authority 
  2-39    shall subscribe to the following oath: 
 
 
 
 
 
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  3- 1      'I do solemnly swear that I will fully and fairly 
  3- 2      perform the duties as a member of the Conyers Athletics 
  3- 3      Authority, so help me God.' 
 
  3- 4    (f) The authority shall have perpetual existence as 
  3- 5    provided in this Act. 
 
  3- 6    (g) No vacancy on the authority shall impair the right of 
  3- 7    the authority to exercise all the rights and perform all 
  3- 8    the duties of the authority at every meeting, and in every 
  3- 9    instance, a majority vote shall authorize any legal act of 
  3-10    the authority, including all things necessary to authorize 
  3-11    and issue revenue bonds. 
 
  3-12    (h) The authority shall make rules and regulations for its 
  3-13    own government and may retain, employ, and engage 
  3-14    professional and technical supervisors, assistants, and 
  3-15    experts, and such other agents and employees, temporary or 
  3-16    permanent, as it may require.  The members of the 
  3-17    authority shall be accountable in all respects as 
  3-18    trustees, and the authority shall keep suitable books and 
  3-19    records of all its obligations, contracts, transactions, 
  3-20    and undertakings and of all its income, receipts, and 
  3-21    expenditures of every kind." 
 
  3-22                           SECTION 2. 
 
  3-23  Said Act is further amended by striking paragraph (1) of 
  3-24  Section 4 and inserting in lieu thereof a new paragraph to 
  3-25  read as follows: 
 
  3-26      "(1) 'Authority' means the Conyers Athletics Authority 
  3-27      created by this Act." 
 
  3-28                           SECTION 3. 
 
  3-29  Said Act is further amended by striking paragraph (2) of 
  3-30  Section 5 and inserting in lieu thereof a new paragraph to 
  3-31  read as follows: 
 
  3-32      "(2) To acquire by gift or by purchase, on such terms 
  3-33      and conditions and in such manner as it may deem proper, 
  3-34      lands, easements, or rights in lands or franchises 
  3-35      necessary or convenient for its corporate purposes and 
  3-36      to use, rent, or lease the same or make contracts with 
  3-37      respect to the use thereof or to dispose of the same in 
  3-38      any manner it deems to the best advantage of the 
  3-39      authority and the purposes thereof.  Title to such 
  3-40      property, however, shall be held by the authority only 
  3-41      for the benefit of the public;". 
 
 
 
                                 -3- 
 
 
 
  4- 1                           SECTION 4. 
 
  4- 2  Said Act is further amended by striking Section 14 and 
  4- 3  inserting in lieu thereof a new Section 14 to read as 
  4- 4  follows: 
 
 
 
  4- 5    Revenue bonds issued under this Act shall not be deemed to 
  4- 6    constitute a debt of the State of Georgia or the City of 
  4- 7    Conyers or a pledge of the faith and credit of said state 
  4- 8    or city, but such bonds shall be payable solely from the 
  4- 9    funds provided for by this Act; and the issuance of such 
  4-10    revenue bonds shall not directly, indirectly, or 
  4-11    contingently obligate the state or city to levy or to 
  4-12    pledge any form of taxation whatever therefor or to make 
  4-13    any appropriation for the payment; and all such bonds 
  4-14    shall contain recitals on their face covering 
  4-15    substantially the foregoing provisions of this section." 
 
  4-16                           SECTION 5. 
 
  4-17  Said Act is further amended by striking Sections 27 and 28 
  4-18  and inserting in lieu thereof new sections to read as 
  4-19  follows: 
 
 
 
  4-20    The authority shall have the same immunity and exemption 
  4-21    from liability for torts and negligence as the City of 
  4-22    Conyers; and the officers, agents, and employees of the 
  4-23    authority, when in the performance of the work of the 
  4-24    authority, shall have the same immunity and exemption from 
  4-25    liability for torts and negligence as the officers, 
  4-26    agents, and employees of the City of Conyers when in the 
  4-27    performance of their public duties or work. 
 
 
 
  4-28    This Act does not in any way take from the City of Conyers 
  4-29    the authority to own, develop, and maintain public parks 
  4-30    and recreational facilities or to issue revenue bonds as 
  4-31    is provided by the 'Revenue Bond Law,' Article 3 of 
  4-32    Chapter 82 of Title 36 of the O.C.G.A." 
 
  4-33                           SECTION 6. 
 
  4-34  This Act shall become effective on July 1, 1999. 
 
 
 
 
 
 
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  5- 1                           SECTION 7. 
 
  5- 2  All laws and parts of laws in conflict with this Act are 
  5- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -5-