Bill Text: GA HB612 | 2011-2012 | Regular Session | Introduced
Bill Title: City of Cornelia Water and Sewerage Authority; create
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-05-11 - Effective Date [HB612 Detail]
Download: Georgia-2011-HB612-Introduced.html
11 LC 28
5708ER/AP
House
Bill 612 (AS PASSED HOUSE AND SENATE)
By:
Representative Austin of the
10th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create the City of Cornelia Water and Sewerage Authority; to authorize the
authority to acquire, construct, add to, extend, improve, equip, repair,
operate, and maintain projects embracing sources of water supply, reservoirs,
small watershed projects, works of improvements for watersheds, projects for
watershed protection and flood control and prevention, recreational facilities
developed in connection therewith, the distribution and sale of water and
related facilities to individuals, private concerns, municipal corporations, and
the State of Georgia and its political subdivisions and instrumentalities
thereof; to authorize the authority to acquire, construct, add to, extend,
improve, equip, repair, operate, and maintain sewerage systems, both sanitary
and storm, sewage disposal and sewage treatment plants, and any and all other
related facilities; to confer powers and to impose duties on the authority; to
provide for the members of the authority and their term of tenure and
compensation; to authorize the authority to contract with others pertaining to
the use of the utilities and facilities of the authority and to execute leases
and do all things deemed necessary or convenient for the operation of such
undertakings or projects; to authorize the issuance of revenue bonds or
obligations of the authority, payable from the revenues, tolls, fees, charges,
and earnings of the authority and to pay the cost of such undertakings or
projects and to authorize the collection and pledging of the revenues and
earnings of the authority for the payment of such bonds or obligations and to
authorize the execution of resolutions and trust indentures to secure the
payment thereof and to define the rights of the holders of such bonds or
obligations; to provide that no debt of the City of Cornelia shall be incurred
in the exercise of any of the powers granted by this Act; to make the bonds or
obligations of the authority exempt from taxation; to provide for the authority
to condemn property of every kind; to authorize the issuance of refunding bonds
or obligations; to fix the venue or jurisdiction of actions relating to any
provisions of this Act and to provide that such bonds or obligations be
validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A.,
the "Revenue Bond Law"; to provide for liberal construction; to provide for
severability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Short title.
Short title.
This
Act shall be known and may be cited as the "City of Cornelia Water and Sewerage
Authority Act."
SECTION
2.
City of Cornelia Water and Sewerage Authority.
City of Cornelia Water and Sewerage Authority.
(a)
There is created a body corporate and politic to be known as the "City of
Cornelia Water and Sewerage 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 of law and
equity, except that the authority or the trustee acting under the trust
indenture shall in no event be liable for any torts committed by any of the
officers, agents, or employees of the authority. The authority is granted the
same exemptions and exclusions from taxes as are now granted to cities and
counties for the operation of facilities similar to facilities to be operated by
the authority as provided under the provisions of this Act. The authority shall
have perpetual existence.
(b) The authority shall consist of five members: the mayor of the City of Cornelia, two commissioners of the City of Cornelia appointed by the mayor and city commission, the city manager of the City of Cornelia, and one additional member appointed by the mayor and commission of the city. With respect to the members of the authority who serve by virtue of their offices or positions with the city, the terms of their office as members of the authority shall be concurrent with their respective offices or positions with the city. In addition with respect to the terms of the members of the authority appointed by the mayor and commission of the city, the term of such members shall be for two years. The member who is appointed by the mayor and commission and who is not a commissioner of the city shall be a resident of the City of Cornelia. Any member of the authority may be selected and appointed to succeed himself or herself.
(c) The mayor and commission of the City of Cornelia may provide by resolution for compensation for the services of the members of the authority in such amounts as they may deem appropriate; provided, however, that such members shall be in any event reimbursed for their actual expenses necessarily incurred in the performance of their duties.
(d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified.
(e) A majority of the members of the authority shall constitute a quorum and, except as provided in this subsection, any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. 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. A majority vote of the total membership of the authority shall be required for the authority to create any debt or issue any negotiable revenue bonds.
(f) The authority shall be subject to all of the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia.
(b) The authority shall consist of five members: the mayor of the City of Cornelia, two commissioners of the City of Cornelia appointed by the mayor and city commission, the city manager of the City of Cornelia, and one additional member appointed by the mayor and commission of the city. With respect to the members of the authority who serve by virtue of their offices or positions with the city, the terms of their office as members of the authority shall be concurrent with their respective offices or positions with the city. In addition with respect to the terms of the members of the authority appointed by the mayor and commission of the city, the term of such members shall be for two years. The member who is appointed by the mayor and commission and who is not a commissioner of the city shall be a resident of the City of Cornelia. Any member of the authority may be selected and appointed to succeed himself or herself.
(c) The mayor and commission of the City of Cornelia may provide by resolution for compensation for the services of the members of the authority in such amounts as they may deem appropriate; provided, however, that such members shall be in any event reimbursed for their actual expenses necessarily incurred in the performance of their duties.
(d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified.
(e) A majority of the members of the authority shall constitute a quorum and, except as provided in this subsection, any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. 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. A majority vote of the total membership of the authority shall be required for the authority to create any debt or issue any negotiable revenue bonds.
(f) The authority shall be subject to all of the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia.
SECTION
3.
Definitions.
Definitions.
As
used in this Act, the term:
(1)
"Authority" or "water and sewerage authority" means the City of Cornelia Water
and Sewerage Authority created in Section 2 of this Act.
(2)
"Cost of the project" shall embrace the cost of construction, the cost of all
lands, properties, rights, easements, and franchises acquired; the cost of all
machinery and equipment, financing charges, interest prior to and during
construction and for one year after completion of construction; cost of
engineering, architectural, fiscal, and legal expenses and of plans and
specifications, and other expenses necessary or incident to determining the
feasibility or practicability of the project; administrative expenses, and such
other expenses as may be necessary or incident to the financing authorized by
this Act; the construction of any project; 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 cost of the project and may be paid or reimbursed as such
out of the proceeds of revenue bonds issued under the provisions of this Act for
such project.
(3)
"Project" means and includes the acquisition, construction, and equipping of
water facilities for obtaining one or more sources of water supply, reservoirs,
small watershed projects, works of improvements for watersheds, projects for
watershed protection and flood control and prevention, recreational facilities
developed in connection therewith, the treatment of water, and the distribution
and sale of water to users and consumers, including, but not limited to, the
State of Georgia and counties and municipalities for the purpose of resale
inside and outside the territorial boundaries of the City of Cornelia, and
additions to, improvements to, extensions of, and the operation and maintenance
of same so as to assure an adequate water system, watershed protection and
improvement, and flood control and prevention; the acquisition, construction,
and equipping of sewerage facilities useful and necessary for the gathering of
waste matter, and the treatment of sewage of any and every type, including, but
not limited to, the acquisition and construction of treatment plants, ponds, and
lagoons inside and outside the territorial boundaries of the City of Cornelia,
and additions and improvements to and extensions of such facilities and the
operation and maintenance of same so as to assure an adequate sewerage system.
Said water facilities, small watershed projects, projects for watershed
protection and flood control and prevention, recreational facilities developed
in connection therewith, and sewerage facilities, at the discretion of the
authority, may be combined at any time as one revenue-producing undertaking and
operated and maintained as such.
(4)
"Revenue bonds," "bonds," or "obligations" as used in this Act shall 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," and such type of obligations may be
issued by the authority as authorized under the "Revenue Bond Law" and any
amendments thereto and, in addition, shall also mean obligations of the
authority the issuance of which are specifically provided for in this
Act.
(5)
"Self-liquidating" means any project for which, in the judgment of the
authority, the revenues and earnings to be derived by the authority therefrom
and all facilities used in connection therewith will be sufficient to pay the
cost of operating, maintaining, repairing, improving, and extending the project
and to pay the principal of and interest on the revenue bonds which may be
issued to finance, in whole or in part, the cost of such project or
projects.
SECTION
4.
Powers.
Powers.
The
authority shall have the following powers:
(1)
To have a seal and alter the same at pleasure;
(2)
To acquire by purchase, lease, gift, condemnation or otherwise, and to hold,
operate, maintain, lease, and dispose of real and personal property of every
kind and character for its corporate purposes;
(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, or rights or easements therein or
franchises necessary or convenient for its corporate purposes, and 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 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 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; and if
the authority shall deem it expedient to construct any project on any lands the
title to which shall then be in the State of Georgia, the Governor is authorized
to convey, for and in behalf of the state, title to such lands to the authority
upon payment to the State of Georgia for the credit of the general fund of the
state of the reasonable value of such land in accordance with the applicable
laws of the State of Georgia; and if the authority shall deem it expedient to
construct any project on any lands the title to which shall then be in Habersham
County or in any municipality incorporated in said county, including the City of
Cornelia, the governing authority or body of said county or of any of said
municipalities, if the governing authority of said county or of any of said
municipalities consents thereto, is authorized to convey title to such lands to
the authority upon payment for the credit of the general funds of said county or
municipalities the reasonable value of such lands. Notwithstanding anything to
the contrary contained in this Act, the authority shall have the nonexclusive
right, easement, and franchise of laying the necessary mains, pipes, conduits,
and drains for waterworks, sewerage, and drainage systems purposes within the
rights of way of streets, roads, and highways in the City of Cornelia, without
cost except that the authority shall repair all damage done by the authority by
reason thereof;
(4)
To appoint, select, and employ officers, agents, and employees, including
engineering, architectural, and construction experts, fiscal agents, and
attorneys, and fix their respective compensations;
(5)
To make and execute contracts, leases, and instruments, which shall be necessary
or convenient, including contracts for acquisition and construction of projects
and leases of projects or contracts with respect to the use of projects which it
causes to be constructed or acquired; and any and all persons, firms, and
corporations, and the state 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 deem advisable; and without limiting the generality of the above,
authority is specifically granted to municipal corporations, counties, and other
political subdivisions and to the authority to enter into contracts, lease
agreements, or other undertakings relative to the furnishing of services and
facilities by the authority to such municipal corporations, counties, and
political subdivisions for a term not exceeding 50 years;
(6)
To construct, erect, acquire, own, repair, remodel, maintain, add to, extend,
improve, equip, operate, and manage projects, as defined in this Act; 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 or from the State of Georgia or any agency or instrumentality
thereof;
(7)
To accept loans and grants of money or materials or property of any kind from
the United States of America or any agency or instrumentality thereof, upon such
terms and conditions as the United States of America or such agency or
instrumentality may impose;
(8)
To accept loans and grants of money or materials or property of any kind from
the State of Georgia or any agency or instrumentality or political subdivision
thereof, upon such terms and conditions as the State of Georgia or such agency
or instrumentality or political subdivision may impose;
(9)
To borrow money for any of its corporate purposes and to execute notes or other
evidences of such indebtedness and to secure the same;
(10)
To issue negotiable revenue bonds payable solely from funds pledged for the
purpose, and to provide for the payment of the same and for the rights of the
holders thereof;
(11)
To exercise any power usually possessed by private corporations performing
similar functions, including the power to incur short-term debt and to approve,
execute, and deliver appropriate evidence of any such indebtedness, provided
that such power is not in conflict with the Constitution and laws of this State;
and
(12)
To do all things necessary or convenient to carry out the powers expressly given
in this Act.
SECTION
5.
Revenue bonds.
Revenue bonds.
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 by this
Act, shall have power and is 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 of any one or more projects, as
defined in paragraph (2) of Section 3 of this Act. The principal of and
interest on such revenue bonds shall be payable solely from the special fund
provided for in this Act for such payment. The bonds of each issue shall be
dated, shall bear interest at such rate or rates, shall provide for when
interest shall be payable and when principal shall mature, and shall be payable
in such medium of payment as to both principal and interest, all 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. In addition, the authority shall have the power to issue
revenue bonds or obligations pursuant to and in conformity with Article 3 of
Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION
6.
Revenue
bonds; form; denomination; registration; place of payment.
The
authority shall determine the form of the bonds, including any interest coupons
to be attached 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 inside or outside the 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
7.
Revenue bonds; signatures; seal.
Revenue bonds; signatures; seal.
All
such bonds shall bear the manual or facsimile signature of the chairperson of
the authority, attested by the manual or facsimile signature of the secretary of
the authority, and the official seal of the authority or a facsimile thereof
shall be affixed thereto and any coupons attached thereto shall bear the
facsimile signatures of the chairperson and secretary of the authority. Any
coupon may bear the facsimile signatures of such persons and any bond may be
signed, sealed, and attested on behalf of the authority by such person 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 such bonds such persons may not have been
so authorized or shall not have held such office. In case any officer whose
signature shall appear on any bonds or whose signature shall appear on any
coupon shall cease to be such officer before delivery of such bonds, such
signature shall nevertheless be valid and sufficient for all purposes the same
as if he had remained in office until such delivery.
SECTION
8.
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
laws of this state. Such bonds are declared to be issued for an essential
public and governmental purpose and said bonds and the income thereof shall be
exempt from all taxation within the state.
SECTION
9.
Revenue bonds; sale; proceeds.
Revenue bonds; sale; proceeds.
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 and the proceeds derived
from the sale of such bonds shall be used solely for the purpose provided in the
proceedings authorizing the issuance of such bonds.
SECTION
10.
Revenue bonds; interim receipts and certificates or temporary bonds.
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
11.
Revenue bonds; replacement of lost or mutilated bonds.
Revenue bonds; replacement of lost or mutilated bonds.
The
authority may also provide for the replacement of any bond or any coupons which
shall become mutilated or be destroyed or lost.
SECTION
12.
Revenue bonds; conditions precedent to issuance.
Revenue bonds; conditions precedent to issuance.
Such
revenue bonds shall be issued as required by Article 3 of Chapter 82 of Title 36
of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the
issuance of revenue bonds under the provisions of this Act shall become
effective immediately upon passage; and any such resolution may be passed at any
regular or special or adjourned meeting of the authority by a majority of its
members.
SECTION
13.
Credit not pledged.
Credit not pledged.
Revenue
bonds issued under the provisions of this Act shall not constitute a debt of the
City of Cornelia, nor a pledge of the faith and credit of said city, but such
bonds shall be payable solely from the funds provided for in this Act and the
issuance of such revenue bonds shall not directly, indirectly, or contingently
obligate said city to levy or to pledge any form of taxation whatever therefor
or to make any appropriation for their payment, and all such bonds shall contain
recitals on their face covering substantially the foregoing provisions of this
section.
SECTION
14.
Trust indenture as security.
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 inside or
outside of the state. Such 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 consulting
engineers or architects employed or designated by the authority, 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 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 trust
indenture may be treated as a part of the cost of maintenance, operation, and
repair of the project affected by such indenture.
SECTION
15.
To whom proceeds of bonds shall be paid.
To whom proceeds of bonds shall be paid.
The
authority shall, in the resolution providing for the issuance of revenue bonds
or in the 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 provided for in this Act, subject to such regulations as this Act
and such resolution or trust indenture may provide.
SECTION
16.
Sinking fund.
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 unless
otherwise pledged and allocated, may be pledged and allocated by the authority
to the 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 payment of:
(1)
The interest upon which revenue bonds as such interest shall fall
due;
(2)
The principal of the bonds as the same shall fall due;
(3)
Any premium upon bonds acquired by redemption, payment, or
otherwise;
(4)
The necessary charges of the paying agent or agents for paying principal and
interest; and
(5)
Any investment fees or charges.
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 maintained as a trust
account 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, any 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 canceled and shall not be
reissued, printed, and delivered.
SECTION
17.
Remedies of bondholders.
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 given by this Act 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 by this Act 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
18.
Refunding bonds.
Refunding bonds.
The
authority is authorized to provide by resolution for the issuance of bonds of
the authority for the purpose of funding or refunding any revenue bonds issued
under the provisions of this Act and then outstanding, together with accrued
interest thereon and premium, if any. The issuance of such funding or 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
19.
Venue and jurisdiction.
Venue and jurisdiction.
Any
action to protect or enforce any rights under the provisions of this Act or any
suit or action against such authority shall be brought in the Superior Court of
Habersham 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
20.
Validation.
Validation.
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 party defendant to such
action the State of Georgia or any municipality, county, authority, political
subdivision, or instrumentality of the State of Georgia 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 the state or such
municipality, county, authority, political subdivision, or instrumentality shall
be required to show cause, if any, why such contract or contracts and the terms
and conditions thereof shall not be inquired into by the court and the validity
of the terms thereof be determined and the contract or contracts adjudicated as
a part of the basis of the 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 and the security for the payment
thereof and interest thereon and against the authority issuing the same, the
state and any municipality, county, authority, political subdivision, or
instrumentality thereof, if a party to the validation proceedings, contracting
with the City of Cornelia Water and Sewerage Authority.
SECTION
21.
Interest of bondholders protected.
Interest of bondholders protected.
(a)
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 will 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, nor will the state itself so compete with the
authority.
(b) The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
(b) The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
SECTION
22.
Moneys received considered trust funds.
Moneys 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
23.
Tort immunity.
Tort immunity.
The
authority shall have the same immunity and exemption from liability for torts
and negligence as the City of Cornelia, 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 Cornelia when in performance of
their public duties or work of the city.
SECTION
24.
Tax exempt status of authority.
Tax exempt status of authority.
The
properties of the authority, both real and personal, are declared to be public
properties used for the benefit and welfare of the people of the state and not
for purposes of private or corporate benefit and income, and such properties and
the authority shall be exempt from all taxes and special assessments of any
city, county, or the state or any political subdivision thereof.
SECTION
25.
Rates, charges, and revenues; use.
Rates, charges, and revenues; use.
The
authority is authorized to prescribe and revise from time to time rates, fees,
tolls, and charges and to collect such rates, fees, tolls, and charges for the
services, facilities, or commodities furnished and, in anticipation of the
collection of the revenues and income of such undertakings or projects, to issue
revenue bonds as provided by this Act to finance in whole or in part the cost of
a project or projects, and to pledge to the punctual payment of said bonds and
interest thereon all or any part of the revenues and income of such undertakings
or projects, including the revenues of improvements, betterments, or extensions
thereto thereafter made.
SECTION
26.
Rules and regulations for operation of projects.
Rules and regulations for operation of projects.
It
shall be the duty of the authority to prescribe rules and regulations for the
operation of the project or projects acquired or constructed under the
provisions of this Act, including the basis on which water service and
facilities, sewerage service and facilities, or both shall be
furnished.
SECTION
27.
Powers declared supplemental and additional.
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 by this Act 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. This Act
does not in any way take from Habersham County or any municipality located
therein, including the City of Cornelia, or any adjoining county the authority
to own, operate, and maintain a water system, small watershed project, project
for watershed protection and flood control and prevention, recreational
facilities developed in connection therewith, a sewerage system, or a combined
water and sewerage system 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
28.
Liberal construction of Act.
Liberal construction of Act.
This
Act being for the welfare of various political subdivisions of the State of
Georgia and their inhabitants shall be liberally construed to effect the
purposes hereof.
SECTION
29.
Severability.
Severability.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the other sections, subsections, sentences, clauses, or phrases
of this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it had
known that such part or parts hereof would be declared or adjudged invalid or
unconstitutional.
SECTION
30.
Repealer.
Repealer.
All
laws and parts of laws in conflict with this Act are repealed.