Bill Text: GA HB453 | 2011-2012 | Regular Session | Introduced

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Bill Title: Dawsonville Airport Authority Act; enact

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-03-10 - Senate Read and Referred [HB453 Detail]

Download: Georgia-2011-HB453-Introduced.html

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11 LC 34 2935

House Bill 453

By: Representative Amerson of the 9th

A BILL TO BE ENTITLED
AN ACT

To create the Dawsonville Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the powers of the authority; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Short title.

This Act shall be known and may be cited as the "Dawsonville Airport Authority Act."

SECTION 2.
Legislative findings.

The General Assembly determines and finds that there is a present and projected growth in commercial and private air traffic in the Dawsonville area. There is the need for adequate airports to safely and efficiently serve the air transportation needs of this state, Dawsonville, and Dawson County; the need to eliminate airport hazards; and the need to raise capital for the establishment, operation, and maintenance of present and future airports. The General Assembly further determines and finds that the establishment of an authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state and to ensure the proper economic development of the region and the entire state.

SECTION 3.
Dawsonville Airport Authority Created.

There is hereby created a body corporate and politic to be known as the Dawsonville Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title, and said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts at law and equity, except that the authority or the trustee acting under the trust indenture herein provided shall in no event be liable for any torts committed by any of the officers, agents, and employees of the authority. The authority shall have perpetual existence.

SECTION 4.
Membership.

(a) The Dawsonville Airport Authority shall be composed of five members. Within 30 days after the effective date of this Act, it shall be the duty of the mayor and council of the City of Dawsonville to appoint the membership of the authority, one of whom shall be appointed for a term of one year, ending June 30, 2012; one for a term of two years, ending June 30, 2013; one for a term of three years, ending June 30, 2014; one for a term of four years, ending June 30, 2015; and one for a term of five years, ending June 30, 2016. All subsequent appointments shall be for terms of five years and until their successors shall have been duly appointed and shall be made by the mayor and council of the City of Dawsonville. Members may be removed from office by the City Council of Dawsonville only for misconduct or in the event they move their residence from Dawsonville. In the event a vacancy occurs on the authority, for any reason, the mayor and council shall appoint a member to serve the unexpired term. To be eligible for appointment as a member of the authority, a person shall be a citizen of the State of Georgia and of the United States, at least 21 years of age, a resident of the City of Dawsonville, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. In addition, there shall be a liaison ad hoc nonvoting member of the authority, the same being either the mayor or a council member, appointed by the mayor and council who shall attend all meetings for the purpose of coordination and cooperation between the city and the authority.
(b) The mayor and council of the City of Dawsonville may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
(c) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 5.
Meetings.

The authority shall hold their first regular meeting after the effective date of this Act, and the first regular meeting of each year thereafter shall be in July. The authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in July of each year thereafter, the authority shall elect one of its members as its chairperson and another member as secretary-treasurer. Only one person shall hold the office of secretary-treasurer. These officers shall be elected for a term ending on June 30th of the year following when they were elected or until their successors are elected and qualified.

SECTION 6.
Vacancies in Office.

In the event of a vacancy on the authority by reason of death, resignation, or otherwise, the vacancy shall be filled by the mayor and council of the City of Dawsonville, and the person so appointed shall serve for the remainder of the unexpired term.

SECTION 7.
Definitions.

(a) As used in this Act, the term:

(1) "Airport" means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft, including all lands currently owned by the City of Dawsonville currently in use for airport purposes.

(2) "Authority" means the Dawsonville Airport Authority as created by the provisions of this Act.

(3) "Cost of the project" means and includes the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects.

(4) "Project" means and includes the acquisition, construction, equipping, maintenance, improving, and operation of public airports and landing fields for the use of aircraft and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such airports and landing fields for the use of aircraft deemed by the authority to be necessary, convenient, or desirable.

(5) "Revenue bonds," "bonds," and "obligations," mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," et seq., as amended, and such types of obligations as may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the authority, the issuance of which are hereinafter authorized in this Act.

(b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, and all properties used, leased, and sold in connection therewith, will be sufficient to pay the cost of operating, maintaining and repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
(c) The fiscal year of the authority shall be the same as that of the City of Dawsonville as the same may be properly changed from time to time by the City of Dawsonville.

SECTION 8.
Powers.

The authority shall have the power to:

(1) Have a seal and alter the same at its pleasure;

(2) Acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real and personal property of any kind and character for its corporate purposes;

(3) Acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchise necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue to lease or make contract with respect to the use or disposition of the same in any manner it deems 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 under the authority of this Act, and in any proceeding 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 be deposited in trust to pay and redeem the fair value of such lien or encumbrance;

(4) Appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations;

(5) Make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects or leases of projects which it causes to be erected or acquired, and any and all persons, firms, and corporations, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they may deem advisable; the said authority is further granted the authority to make contracts and leases and to execute all instruments necessary or convenient with the United States government or any agency or department thereof concerning the projects of the authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act;

(6) Construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;

(7) Accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency, instrumentality, or political subdivision thereof from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality, or other source may impose;

(8) Accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source may impose;

(9) Borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

(10) Exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the constitution and laws of this state or the City of Dawsonville;

(11) Sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided herein; and

(12) Do all things necessary or convenient to carry out the powers especially given in this Act.

SECTION 9.
Revenue bonds – authority to issue.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created herein, shall have power and is hereby authorized, at one time or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rates or rate as may be authorized by the authority from time to time, shall be payable semiannually, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.

SECTION 10.
Revenue bonds – form; denominations; registration; place of payment.

The authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without this state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

SECTION 11.
Revenue bonds – signatures; seal.

In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and attested by the secretary-treasurer of the authority, and the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary-treasurer of the authority. Any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.

SECTION 12.
Revenue bonds – negotiability; exemption from taxation.

All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument law of this state. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within this state.

SECTION 13.
Revenue bonds – sale, price.

The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price less than par, as provided in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," et seq., as amended, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par.

SECTION 14.
Proceeds of bonds.

The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

SECTION 15.
Revenue bonds – interim receipts and certificates or temporary bonds.

Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds, upon the issuance of the latter.

SECTION 16.
Revenue bonds – replacement of lost or mutilated bonds.

The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

SECTION 17.
Revenue bonds – conditions precedent to issuance, object of issuance.

Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of the quorum as in this Act provided.

SECTION 18.
Credit not pledged.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Dawsonville or Dawson County nor a pledge of the faith and credit of said city or county; but such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city or county to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

SECTION 19.
Trust Indenture as Security.

In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of this state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. 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 property, and the custody, safeguarding, and application of all monies, including the proceeds derived from the sale of property of the authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchases 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 monies be satisfactory to such purchases, 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 authority. Such 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 trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indentures 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 trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 20.
Payment of Bond Proceeds.

The authority shall, in the resolution providing for the issuance of revenue bonds or in trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolutions or trust indentures may provide.

SECTION 21.
Sinking Fund.

The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to, and charged with, the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds, without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

SECTION 22.
Remedies of bondholders.

Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

SECTION 23.
Refunding bonds.

The authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act, insofar as the same may be applicable.

SECTION 24.
Validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedure in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to be used, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, authority, 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 and 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, authority, subdivision, or instrumentality of the United States government, if a party to the validation proceedings, contracting with the said Dawsonville Airport Authority.

SECTION 25.
Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Dawson County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions.

SECTION 26.
Interest of bondholders protected.

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

SECTION 27.
Monies received considered trust funds.

All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 28.
Purpose of the authority.

Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, improving, and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertaking and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority necessary, convenient, or desirable for, and incident to, the efficient and proper development and operation of such types of undertakings. In addition to the foregoing, the purpose of the authority shall be to generate economic development through air passenger and air cargo uses, including all necessary accessory or complementary uses, such as trucking, logistics, maintenance and repair facilities, fueling facilities, hotels, etc.

SECTION 29.
Rates, charges and revenues.

The authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, and charges, and to revise from time to time and collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including, but not limited to, leases, concessions, or subleases of its lands or facilities. The collection of revenues and income of such undertakings or projects shall first be applied to servicing bonded or other indebtedness, then to the costs of operation.

SECTION 30.
Rules and regulations for operations of projects.

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 airports, landing fields, and facilities for the use of aircraft shall be furnished.

SECTION 31.
Tort Immunity.

The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Dawsonville; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Dawsonville as when in the performance of their public duties or work of the city.

SECTION 32.
Tax Exemption.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.

SECTION 33.
Powers declared supplemental and additional.

The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.

SECTION 34.
Effect on other governments.

This Act shall not and does not in any way take from the City of Dawsonville, Dawson County, or any adjoining city or county the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 35.
Liberal Construction of Act.

This Act, being for the purpose of promoting the health, morals, and general welfare of the citizens of the United States, of the State of Georgia, and of the City of Dawsonville, shall be liberally construed to effect the purposes hereof. To the extent not inconsistent herewith, the authority may adopt resolutions, rules, regulations, and procedures to achieve the purposes set forth in this Act.

SECTION 36.
Effect of partial invalidity of Act.

The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

SECTION 37.
Effective date.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 38.
Repealer.

All laws and parts of laws in conflict with this Act are repealed.