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HB 399 - Co/mun; cert water & sewer systems; certain contracts

Sauder, Randy (29th)	Walker, Larry (141st)	Irvin, Robert A (45th)
Smyre, Calvin (136th)	Cox, Kathy (105th)	Shipp, Kem W (38th)

Status Summary	HC:	NatR	SC:	Nat R	FR:	02/02/99	LA:	04/02/99	Signed by Governor

First Reader Summary

A BILL to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its waste-water treatment system, water system, or sewer system, or any combination of such systems; and for other purposes.

Code Sections - 36-60-15.1

HB 399                                            HB 399/CSFA 
 
      H. B. No. 399 (COMMITTEE SUBSTITUTE)(AM) 
      By:  Representatives Sauder of the 29th, Walker of the 
      141st, Irvin of the 45th, Smyre of the 136th, Cox of the 
      105th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 60 of Title 36 of the Official Code of 
  1- 2  Georgia Annotated, relating to powers of counties and 
  1- 3  municipal corporations generally, so as to authorize each 
  1- 4  county and municipal corporation to enter into leases and 
  1- 5  contracts with private persons for the operation and 
  1- 6  maintenance of its waste-water treatment system, stormwater 
  1- 7  system, water system, or sewer system, or any combination of 
  1- 8  such systems; to provide for criteria for evaluation of 
  1- 9  applicants submitting bids; to provide an effective date; to 
  1-10  repeal conflicting laws; and for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Chapter 60 of Title 36 of the Official Code of Georgia 
  1-14  Annotated, relating to powers of counties and municipal 
  1-15  corporations generally, is amended by adding a new Code 
  1-16  Section 36-60-15.1 to read as follows: 
 
  1-17    "36-60-15.1. 
 
  1-18    Notwithstanding any other provision of law to the 
  1-19    contrary, any county or municipal corporation of this 
  1-20    state is authorized, in the discretion of its governing 
  1-21    authority, to enter into valid and binding leases and 
  1-22    contracts with private persons, firms, associations, or 
  1-23    corporations for any period of time not to exceed 20 years 
  1-24    to provide for the operation and maintenance of all or a 
  1-25    portion of its waste-water treatment system, stormwater 
  1-26    system, water system, or sewer system, or any combination 
  1-27    of such systems. Prior to entering into a contract 
  1-28    pursuant to this Code section, the governing authority 
  1-29    shall first establish criteria for evaluation of any 
  1-30    applicants bidding on such leases or contracts for the 
  1-31    purpose of assisting the governing authority in making a 
  1-32    review of such applicants' previous performance on 
  1-33    projects of comparable magnitude, the environmental 
  1-34    compliance record of such applicants, and any relevant 
 
 
 
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  2- 1    civil or criminal penalties incurred by such applicants 
  2- 2    during the five years immediately preceding the execution 
  2- 3    of the lease or contract.  The governing authority shall 
  2- 4    take into consideration such information to assist it in 
  2- 5    determining the eligibility of any applicant.  All 
  2- 6    information required by the county or municipality 
  2- 7    pursuant to this Code section shall be provided by the 
  2- 8    applicant under oath.  For purposes of this Code section, 
  2- 9    'applicant' means any individual, firm, association, or 
  2-10    corporation." 
 
  2-11                           SECTION 2. 
 
  2-12  This Act shall become effective upon its approval by the 
  2-13  Governor or upon its becoming a law without such approval. 
 
  2-14                           SECTION 3. 
 
  2-15  All laws and parts of laws in conflict with this Act are 
  2-16  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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