09 LC
25 5403
House
Bill 710
By:
Representatives Greene of the
149th,
Powell of the
171st,
and Dukes of the
150th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the South Georgia Regional Information Technology
Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain
provisions relating to a definition; to change certain provisions relating to
composition, terms, quorum, and voting; to change certain provisions relating to
powers of the authority; to change certain provisions relating to bonds of the
authority; to change certain provisions relating to rules and regulations; to
change certain provisions relating to effects on powers of local governments; to
change certain provisions relating to immunity; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the South Georgia Regional Information Technology Authority,
approved May 29, 2007 (Ga. L. 2007, p. 4336), is amended by revising paragraph
(3) of subsection (a) of Section 1 as follows:
"(3)
'Project' means and includes the planning, design, acquisition, construction,
and equipping of information technologies, communication cables, sleeves, and
systems for the distribution and sale of communication services to private and
public users and consumers, including but not limited to broadband, Internet,
cable television, other information technologies, and associated services to the
state, counties, municipalities, and other entities within the territorial
boundaries of Baker, Calhoun, Early, Miller, Mitchell, and Seminole counties,
and additions and improvements to and extensions of such facilities and the
operation and maintenance of same."
SECTION
2.
Said
Act is further amended by revising subsections (b), (d), and (e) of Section 3 as
follows:
"(b)
The authority shall consist of 15 members as follows:
(1)
Two residents of Baker County appointed by the governing authority of Baker
County;
(2)
Two residents of Calhoun County appointed by the governing authority of Calhoun
County;
(3)
Two residents of Early County appointed by the governing authority of Early
County;
(4)
Two residents of Miller County appointed by the governing authority of Miller
County;
(5)
Two residents of Mitchell County appointed by the governing authority of
Mitchell County;
(5.1)
Two residents of Seminole County appointed by the governing authority of
Seminole County;
(5.2)
Two appointed by the governing body of the Flint River Soil and Water
Conservation District; and
(6)
One appointed by the other members of the authority.
Each
member shall serve for a four-year term and until a successor is appointed and
qualified, except for the members initially appointed as provided by this Act.
The initial members appointed under paragraphs (1), (3), and (5) of this
subsection shall serve for terms of four years each and until their successors
are appointed and qualified. The initial members appointed under paragraphs
(5.1) and (5.2) of this subsection shall serve for terms of four years each and
until their successors are appointed and qualified. The initial members
appointed under paragraphs (2), (4), and (6) of this subsection shall serve for
terms of two years each and until their successors are appointed and
qualified."
"(d)
A majority of the authority shall constitute a quorum, and any action may be
taken by the authority upon the affirmative vote of a majority of a quorum of
the members; provided, however, that the approval for the matters set forth in
subsection (e) of this section shall require the affirmative vote of at least
two-thirds of the members of the authority. No vacancy on the authority shall
impair the right of the quorum to exercise all the rights and perform all the
duties of the authority.
(e)
The matters requiring the affirmative votes of two-thirds of the members for
approval are as follows:
(1)
Amending the bylaws of the authority;
(2)
The purchase, sale, lease, exchange, or other disposition of real
property;
(3)
Issuance of revenue obligations or revenue bonds; or
(4)
Authorization of projects or undertakings as those terms are defined herein and
in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond
Law.'"
SECTION
3.
Said
Act is further amended by revising paragraph (3) of Section 4 as
follows:
"(3)
To acquire in its own name by purchase on such terms and conditions and in such
manner as it may deem proper, or by condemnation in accordance with the
provisions of any and all existing laws applicable to the condemnation of
property for public use, real property, rights, or easements therein or
franchises necessary or convenient for its corporate purposes, to use the same
so long as its corporate existence shall continue, and to lease or make
contracts with respect to the use of or to dispose of the same in any manner
deemed by the board to be to the best advantage of the authority, the authority
being under no obligation to accept and pay for any property condemned under
this Act except from the funds provided to the authority under this Act; and in
any proceedings to condemn, such orders may be made by the court having
jurisdiction of the suit, action, or proceedings as may be just to the authority
and to the owners of the property to be condemned; and no property shall be
acquired under the provisions of this Act upon which any lien or other
encumbrance exists, unless at the time such property is so acquired a sufficient
sum of money is deposited in trust to pay and redeem the fair value of such lien
or encumbrance. If the authority shall deem it expedient to construct any
project on any lands the title to which shall then be in Baker, Calhoun, Early,
Miller, Mitchell, or Seminole County, in any municipality incorporated in any
such county, or in the Flint River Soil and Water Conservation District, the
governing authority or body of such county or of any of such municipality or of
the conservation district is hereby authorized to convey title to such lands to
the authority upon payment for the credit of the general funds of such county or
municipality the reasonable value of such lands. The authority shall have the
nonexclusive right, easement, and franchise of laying communication cables along
the highways in Baker, Calhoun, Early, Miller, Mitchell, or Seminole County, or
in the corporate limits of any municipality incorporated in any such county,
without cost; provided, however, that the authority shall repair all damage done
by the authority by reason thereof;"
SECTION
4.
Said
Act is further amended by revising Section 17 as follows:
"SECTION
17.
In
the discretion of the authority, any issue of such revenue bonds may be secured
by a resolution or a trust indenture by and between the authority and a
corporate trustee, which may be any foreign or domestic trust company or bank
having the powers of a trust company. Such resolution or trust indenture may
pledge or assign fees, tolls, revenues, and earnings to be received by the
authority. Either the resolution providing for the issuance of revenue bonds or
such trust indenture may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and proper and
not in violation of law, including covenants setting forth the duties of the
authority in relation to the acquisition of property, the construction of the
project, the maintenance, operation, repair, and insurance of the project, and
the custody, safeguarding, and application of all moneys and may also provide
that any project shall be constructed and paid for under the supervision and
approval of registered professional consulting engineers of the State of Georgia
or architects employed or designated by the authority and satisfactory to the
original purchasers of the bonds issued therefor and may also require that the
security given by contractors and by any depository of the proceeds of the bonds
or revenues or other moneys be satisfactory to such purchasers and may also
contain provisions concerning the conditions, if any, upon which additional
revenue bonds may be issued. It shall be lawful for any bank or trust company
incorporated under the laws of this state to act as such depository and to
furnish such indemnifying bonds or pledge such securities as may be required by
the board. Such resolution or trust indenture may set forth the rights and
remedies of the bondholders and of the trustee and may restrict the individual
right of action of bondholders as is customary in resolution or trust indentures
securing bonds and debentures of corporations. In addition to the foregoing,
such resolution or trust indenture may contain such other provisions as the
authority may deem reasonable and proper for the security of the bondholders.
All expenses incurred in carrying out such resolution or trust indenture may be
treated as a part of the cost of maintenance, operation, and repair of the
project affected by such indenture."
SECTION
5.
Said
Act is further amended by revising Section 23 as follows:
"SECTION
23.
Bonds
of the authority shall be confirmed and validated in accordance with the
procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue
Bond Law.' The petition for validation shall also make a party defendant to
such action any municipality, county, public authority, political subdivision,
or instrumentality of the State of Georgia which has contracted with the
authority for furnishing or receiving the services and facilities of the project
for which bonds are to be issued and sought to be validated, and such
municipality, county, public authority, political subdivision, or
instrumentality shall be required to show cause, if any, why such contract or
contracts and the terms and conditions thereof should not be inquired into by
the court, the validity of the terms thereof be determined, and the contract or
contracts adjudicated as security for the payment of any such bonds of the
authority. The bonds, when validated, and the judgment of validation, shall be
final and conclusive with respect to such bonds against the authority issuing
the same and any municipality, county, public authority, political subdivision,
or instrumentality contracting with the authority."
SECTION
6.
Said
Act is further amended by revising Section 27 as follows:
"SECTION
27.
It
shall be the duty of the authority to prescribe rules and regulations for the
operation of the project or projects constructed under the provisions of this
Act, including the basis on which communication services and facilities shall be
furnished."
SECTION
7.
Said
Act is further amended by revising Section 31 as follows:
"SECTION
31.
This
Act does not in any way take from Baker, Calhoun, Early, Miller, Mitchell, or
Seminole County or any municipality located within any such county the power to
own, operate, and maintain communications systems or issue revenue certificates
as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the
'Revenue Bond Law.'"
SECTION
8.
Said
Act is further amended by revising Section 32 as follows:
"SECTION
32.
The
authority shall be immune and exempt from liability for torts and negligence to
the same extent as Baker, Calhoun, Early, Miller, Mitchell, and Seminole
counties; and the officers, agents, and employees of the authority, when in the
performance of the work of the authority, shall be immune and exempt from
liability for torts and negligence to the same extent as employees of such
counties."
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.