| HB 899 - Valdosta-Lowndes Co Conference Center and Tourism Auth; create |
First Reader Summary
A BILL to establish the Valdosta-Lowndes County Conference Center
and Tourism Authority; and for other purposes.
| House |
Action |
Senate |
| 3/8/99 |
Read 1st Time |
3/15/99 |
| 3/9/99 |
Read 2nd Time |
|
| 3/10/99 |
Favorably Reported |
3/18/99 |
| 3/10/99 |
Read 3rd Time |
|
| 3/10/99 |
Passed/Adopted |
3/18/99 |
| 3/29/99 |
Sent to Governor |
|
| 4/9/99 |
Signed by Governor |
|
| 110 |
Act/Veto Number |
|
| 4/9/99/9 |
Effective Date |
|
HB 899 LC 24 1325
A BILL TO BE ENTITLED
AN ACT
1- 1 To establish the Valdosta-Lowndes County Conference Center
1- 2 and Tourism Authority; to provide for a short title; to
1- 3 provide for the purpose of the authority; to provide for
1- 4 definitions; to provide for the membership of the authority;
1- 5 to provide for the election of officers, a quorum, bylaws,
1- 6 and procedures at meetings; to provide for expenses of
1- 7 members; to provide for filling vacancies on the authority;
1- 8 to provide for the employment and compensation of an
1- 9 executive director; to provide for the powers of the
1-10 authority; to provide for the use of funds by the
1-11 authority; to provide for the budget and funding of the
1-12 authority by intergovernmental contract; to provide for
1-13 severability; to provide an effective date; to repeal
1-14 conflicting laws; and for other purposes.
1-15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-16 SECTION 1.
1-17 This Act shall be known and may be cited as the
1-18 "Valdosta-Lowndes County Conference Center and Tourism
1-19 Authority Act."
1-20 SECTION 2.
1-21 The purpose of this Act is to create the "Valdosta-Lowndes
1-22 County Conference Center and Tourism Authority." The
1-23 purpose of the authority is to oversee the construction,
1-24 completions, and operation of a conference center which
1-25 shall be used for civic, cultural, and educational purposes;
1-26 for fairs, conferences, expositions, conventions, seminars,
1-27 and other similar activities; for the promotion of the local
1-28 economy; and for the purpose of directing and promoting
1-29 tourism, conventions, and trade shows in the
1-30 Valdosta-Lowndes County area.
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2- 1 SECTION 3.
2- 2 (1) The term "authority" shall mean the Valdosta-Lowndes
2- 3 County Conference Center and Tourism Authority created
2- 4 by this Act.
2- 5 (2) The term "conference center" shall mean any
2- 6 structure or building which is or has been used, or
2- 7 which the authority may plan to use for civil, cultural
2- 8 and educational purposes; for the conduct of fairs,
2- 9 conferences, expositions, conventions, seminars, and
2-10 other activities; for the promotion of the local
2-11 economy; and to direct, encourage and promote tourism,
2-12 conventions and trade shows in the Valdosta-Lowndes
2-13 County area.
2-14 SECTION 4.
2-15 Members of authority, terms, etc.
2-16 (a) The authority shall consist of seven voting members and
2-17 two ex officio members as follows:
2-18 Three members shall be appointed by the Board of
2-19 Commissioners of Lowndes County from the residents of
2-20 Lowndes County: one shall be a member of the Board of
2-21 Commissioners of Lowndes County; one shall be associated
2-22 with or employed in the lodging and tourism industry; and
2-23 one shall be a member at large.
2-24 Three members shall be appointed by the mayor and council of
2-25 the City of Valdosta from the residents of Valdosta: one
2-26 shall be a member of the mayor and council; one shall be
2-27 associated with or employed in the lodging and tourism
2-28 industry; and one shall be a member at large.
2-29 One member shall be appointed by the joint and concurrent
2-30 action of the mayor and council of the City of Valdosta and
2-31 the Board of Commissioners of Lowndes County, shall be a
2-32 member of the Valdosta-Lowndes County Chamber of Commerce,
2-33 and shall be chosen by majority vote from a list of three
2-34 names submitted by the Valdosta-Lowndes County Chamber of
2-35 Commerce.
2-36 In addition to the appointed members, the city manager for
2-37 the City of Valdosta and the county manager for Lowndes
2-38 County shall serve as ex officio members of the authority.
2-39 (b) The initial members shall be current members of the
2-40 Valdosta-Lowndes County Conference Center and Tourism Board
-2-
3- 1 who were appointed pursuant to and in accordance with the
3- 2 provision of the joint agreement between the Board of
3- 3 Commissioners of Lowndes County and the mayor and council of
3- 4 the City of Valdosta creating such board and providing for
3- 5 the appointment of the members as stated above. The members
3- 6 of the Valdosta-Lowndes County Conference Center and Tourism
3- 7 Board serving on the effective date of this Act shall be the
3- 8 initial members of the authority. They shall serve for the
3- 9 following terms:
3-10 (1) The terms of the appointees from the Board of
3-11 Commissioners of Lowndes County and the mayor and
3-12 council of the City of Valdosta and their joint
3-13 appointment from the Chamber of Commerce shall expire on
3-14 December 31, 1999;
3-15 (2) The terms of the appointees of the Board of
3-16 Commissioners of Lowndes County and the mayor and
3-17 council of the City of Valdosta from the lodging and
3-18 tourism industry shall expire on December 31, 2000; and
3-19 (3) The terms of the at-large appointees of the Board of
3-20 Commissioners of Lowndes County and the mayor and
3-21 council of the City of Valdosta shall expire on December
3-22 31, 2001.
3-23 Thereafter, all terms shall be for a period of three years
3-24 beginning on January 1 of the year following the expiration
3-25 of the previous term, and all members shall serve until
3-26 their successors are appointed.
3-27 SECTION 5.
3-28 Election of officers,
3-29 quorum, bylaws, procedures, and meetings.
3-30 Each year, the membership of the authority shall meet as
3-31 soon as practicable after the effective date of this Act and
3-32 shall elect from among themselves a chairperson and
3-33 vice-chairperson, each of whom shall continue as voting
3-34 members. The chairperson shall preside over the meetings of
3-35 the authority, and the vice-chairperson shall preside in his
3-36 or her absence, and such officers shall have such other
3-37 powers, duties, and responsibilities as are set out
3-38 elsewhere herein. The authority shall also choose a
3-39 secretary, who may or may not be a member of the authority,
3-40 to keep the minutes and records of the authority. Five
3-41 members of the authority shall constitute a quorum. A
3-42 majority of the quorum may exercise any and all powers of
3-43 the authority. The authority shall, as soon as practicable,
-3-
4- 1 adopt its own bylaws, rules, and procedures to govern its
4- 2 internal workings and the conduct of its business. The
4- 3 authority shall meet at least once a month and at such other
4- 4 times as it may deem necessary.
4- 5 SECTION 6.
4- 6 Compensation of members.
4- 7 The members shall receive no compensation but shall be
4- 8 reimbursed from the funds of the authority for reasonable
4- 9 and necessary expenses incurred in pursuing the business of
4-10 the authority.
4-11 SECTION 7.
4-12 Vacancies on authority.
4-13 Should any appointed member vacate his or her office as a
4-14 member, either by resignation, death, change of residence,
4-15 unexcused failure to attend three schedules meetings in a
4-16 row, or other reason, the governing authority by whom the
4-17 appointment was made shall, as soon as practicable, appoint
4-18 another member to the authority to serve for the remainder
4-19 of the term.
4-20 SECTION 8.
4-21 Executive director appointment.
4-22 The authority shall be authorized to appoint and fix the
4-23 compensation of an executive director under such terms and
4-24 conditions as it deems appropriate. The executive director
4-25 shall be the chief executive and chief operating officer of
4-26 the authority and shall be responsible for staffing. A part
4-27 of his or her staff shall be dedicated to the promotion of
4-28 tourism. The executive director shall have experience as a
4-29 business executive, preferably in connection with the
4-30 operation of a conference and convention center, and in the
4-31 promotion of tourism. Under the supervision of the
4-32 authority, the executive director shall be responsible for
4-33 the operation, management, and promotion of all activities
4-34 with which the authority is charged hereunder, together with
4-35 such other duties as may be prescribed by the authority, and
4-36 shall have such powers as are necessarily incident to the
4-37 performance of his or her duties and such others as may be
4-38 granted by the authority. The authority shall also
4-39 authorize and employ such other administrative,
4-40 professional, or clerical employees under such terms and
4-41 conditions as it shall consider necessary and appropriate to
4-42 effectuate its purposes.
-4-
5- 1 SECTION 9.
5- 2 Powers of the authority.
5- 3 The authority shall possess all the powers necessary or
5- 4 convenient to accomplish its purposes, including the
5- 5 following specific powers which shall not be construed as a
5- 6 limitation upon the general and other specific powers of the
5- 7 authority:
5- 8 (1) To adopt a seal to be used for authentication of
5- 9 legal documents, obligations, contracts, and other
5-10 instruments and to alter the same at its pleasure;
5-11 (2) To appoint, select, and contract for the services of
5-12 engineers, architects, building contractors, accountants
5-13 and other fiscal agents, attorneys, and such other
5-14 persons, firms, or corporations as are necessary to
5-15 accomplish the purposes of the authority, for such fees
5-16 or compensation and under such terms and conditions as
5-17 it deems appropriate;
5-18 (3) To adopt and to enforce reasonable rules and
5-19 regulations for the orderly, safe, and efficient
5-20 operation of its projects;
5-21 (4) To contract with any person, firm, or public or
5-22 private corporation to supply goods, commodities,
5-23 facilities, and services to the public, employees of the
5-24 authority, and other commercial interests located in any
5-25 conference center under its control under such terms and
5-26 conditions as it may prescribe, including the power to
5-27 grant exclusive rights, franchises, or concessions;
5-28 (5) To enter into agreements with the state, any
5-29 subdivision thereof, any county or municipality, or the
5-30 federal government or any agency thereof to use in the
5-31 performance of its functions the facilities or the
5-32 service of the state or such subdivision of such county
5-33 or municipality or the federal government or agent
5-34 thereof in order to accomplish its purposes;
5-35 (6) To make application, directly or indirectly, of any
5-36 federal, state, county, or municipal government or
5-37 agency, or of any other source, public or private, for
5-38 loans, grants, guarantees, or other financial assistance
5-39 in aid of conference centers or buildings under its
5-40 control and to accept or use same upon such terms and
5-41 conditions as are prescribed by the federal, state,
-5-
6- 1 county, or municipal government or agency or other
6- 2 source.
6- 3 SECTION 10.
6- 4 Use of funds of authority.
6- 5 The funds of the authority, from whatever source derived,
6- 6 shall be used only in support of conference centers as
6- 7 defined herein and in promotion of the conference center,
6- 8 the tourist and recreational industry, and tourism in the
6- 9 City of Valdosta and Lowndes County. The authority shall
6-10 keep suitable books and records of all its obligations,
6-11 contracts, transactions and undertakings, all income, and
6-12 all expenditures of every kind. The financial books and
6-13 records of the authority shall be audited annually. Such
6-14 audit shall be paid for by the authority and shall be
6-15 furnished to the Board of Commissioners of Lowndes County
6-16 and the mayor and council of the City of Valdosta. Such
6-17 audit shall be a public record.
6-18 SECTION 11.
6-19 Funding; operating budget.
6-20 The authority shall submit its proposed budget annually to
6-21 the mayor and council of the City of Valdosta and the Board
6-22 of Commissioners of Lowndes County for their joint approval.
6-23 Upon joint approval of the annual budget of the authority,
6-24 it shall be funded in accordance with the joint agreement
6-25 between the Board of Commissioners of Lowndes County,
6-26 Georgia, and the mayor and council of the City of Valdosta,
6-27 Georgia, creating the existing Valdosta-Lowndes County
6-28 Conference Center and Tourism Board during the duration of
6-29 such contract. Thereafter, the authority shall be funded by
6-30 the city and the county in a manner to be agreed upon in a
6-31 joint intergovernmental agreement pursuant to the authority
6-32 granted under Article IX, Section III, Paragraph I of the
6-33 Constitution of the State of Georgia.
6-34 SECTION 12.
6-35 Severability.
6-36 In the event any section, subsection, sentence, clause, or
6-37 phrase of this Act shall be declared or adjudged invalid or
6-38 unconstitutional, such adjudication shall in no manner
6-39 affect the other sections, subsections, sentences, clauses,
6-40 or phrases of this Act, which shall remain in full force and
6-41 effect as if the section, subsection, sentence, clause, or
6-42 phrase so declared or adjudicated invalid or
6-43 unconstitutional was not originally a part of this Act. The
-6-
7- 1 General Assembly declares that it would have passed the
7- 2 remaining parts of the Act if it had known that such parts
7- 3 of this Act would be declared or adjudicated invalid or
7- 4 unconstitutional.
7- 5 SECTION 13.
7- 6 Effective date.
7- 7 This Act shall become effective upon its approval by the
7- 8 Governor or upon its becoming law without such approval.
7- 9 SECTION 14.
7-10 All laws or parts of laws in conflict with this Act are
7-11 repealed.
-7-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/19/99
