24 LC 44 2776
House Bill 1504
By: Representatives Camp of the 135
th
, Mathiak of the 74
th
, Dickey of the 145
th
, Crowe of
the 118
th
, and Knight of the 134
th
A BILL TO BE ENTITLED
AN ACT
To create and establish the Griffin-Spalding County Area Regional Airport Authority, a new
1
regional airport authority in and for the County of Spalding, the City of Griffin, the County2
of Butts, the County of Lamar, the County of Pike, and the County of Monroe; to authorize3
such authority to acquire, construct, equip, maintain, operate, own, and improve airports and4
landing fields for the use of aircraft which shall include related buildings, equipment, and the5
usual and convenient facilities appertaining to such undertaking; to authorize the authority6
to acquire, lease, own, and hold a fee simple title, or any interest therein, to all necessary7
property therefor, both real and personal, within and outside the confines of Spalding County8
and to convey, lease, and sell any and all such facilities including real property; to confer9
powers and to impose duties on the authority; to provide for the membership and for the10
appointment of members of the authority and their term of tenure and their compensation;11
to authorize the authority to contract with others, both within and outside the confines of the12
aforementioned counties, pertaining to airports and landing fields for the use of aircraft and13
to execute leases of such facilities and to do all things deemed necessary or convenient for14
the operation of such undertaking; to authorize the issuance of revenue bonds or obligations15
of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority,16
including, but not limited to, earnings derived from leases and the use of the facilities, to pay17
the costs of such undertakings and to authorize the collection and pledging of the revenues18
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and earnings of the authority for the payment of such bonds or obligations or to secure the
19
payment thereof by contract, mortgage, deed to secure debt, security deed note, or trust deed20
and to define the rights of the holders of such bonds and securities; to provide that no liability21
or debt against the aforementioned city or counties shall be incurred in the exercise of any22
powers granted by this Act; to make the bonds, securities, or obligations of the authority23
exempt from taxation; to authorize the issuance of refunding bonds, securities, or other24
obligations; to provide that such bonds, securities, or other obligations be validated as25
authorized by the "Revenue Bond Law"; to provide an effective date; to repeal conflicting26
laws; and for other purposes.27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:28
SECTION 1.29
Short title.30
This Act shall be known and may be cited as the "Griffin-Spalding County Area Regional31
Airport Authority Act."32
SECTION 2.33
Griffin-Spalding County Area Regional Airport Authority; creation.34
There is created a body corporate and politic to be known as the Griffin-Spalding County35
Area Regional Airport Authority, which shall be deemed to be a political subdivision of the36
State of Georgia and a public corporation by that name, style, and title, and said body may37
contract and be contracted with, bring and defend actions, implead and be impleaded, and38
complain and defend in all courts of law and equity, except that the authority of the trustee39
acting under the trust indenture herein provided for shall in no event be liable for any torts40
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committed by any of the officers, agents, and employees of the authority. The authority shall
41
have perpetual existence.42
SECTION 3.43
Membership.44
The Griffin-Spalding County Area Regional Airport Authority shall be composed of 1145
members who shall be appointed by the governing authorities of the County of Spalding,46
City of Griffin, County of Butts, County of Lamar, County of Pike, and County of Monroe47
as hereinafter set out. Within 60 days after the approval of this Act, it shall be the duty of48
said governing authorities to appoint the membership of the authority. The authority shall49
be composed of 11 members to be designated as Post No. 1, Post No. 2, Post No. 3, Post No.50
4, Post No. 5, Post No. 6, Post No. 7, Post No. 8, Post No. 9, Post No. 10, and Post No. 11. 51
The County Manager of Spalding County or designee shall be appointed to Post No. 1. The52
City Manager for the City of Griffin or designee shall be appointed to Post No. 2. The53
County Manager of Butts County or designee shall be appointed to Post No. 3. The County54
Manager of Lamar County or designee shall be appointed to Post No. 4. The County55
Manager of Pike County or designee shall be appointed to Post No. 5. The County Manager56
of Monroe County or designee shall be appointed to Post No. 6. The member from Post No.57
7 shall be appointed by the governing authority of Spalding County, and its initial58
appointment shall be the same as its current appointment to the Griffin-Spalding County59
Airport Authority for Post No. 5, for a term which shall expire on December 31, 2024, or60
when his or her successor is appointed and qualified. The member from Post No. 8 shall be61
appointed by the governing authority of the City of Griffin, and its initial appointment shall62
be the same as its current appointment to the Griffin-Spalding County Airport Authority for63
Post No. 6, for a term which shall expire on December 31, 2025, or when his or her successor64
is appointed and qualified. The member from Post No. 9 shall be appointed by the governing65
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authority of Spalding County, and its initial appointment shall be the same as its current
66
appointment to the Griffin-Spalding County Airport Authority for Post No. 7, for a term67
which shall expire on December 31, 2026, or when his or her successor is appointed and68
qualified. The member from Post No. 10 shall be appointed by the governing authority of69
the City of Griffin, and its initial appointment shall be the same as its current appointment70
to the Griffin-Spalding County Airport Authority for Post No. 8, for a term which shall71
expire on December 31, 2027, or when his or her successor is appointed and qualified. The72
member from Post No. 11 shall be appointed by the governing authority of the City of73
Griffin, and its initial appointment shall be the same as its current appointment to the74
Griffin-Spalding County Airport Authority for Post No. 9, for a term which shall expire on75
December 31, 2028, or when his or her successor is appointed and qualified; thereafter, such76
member from Post No. 11 shall be appointed to a full four-year term by the governing77
authority of Spalding County. Future appointments to Post No. 11 shall alternate between78
the governing authority of the City of Griffin and the governing authority of Spalding79
County. For Posts No. 7 through 11, the term of each member shall be four years and until80
a successor is appointed and qualified, except that the initial terms shall be as aforesaid.81
Following initial appointments, vacancies in each post, other than Post No. 11, shall be filled82
by the governing authority making the initial appointment.83
SECTION 4.84
Meetings.85
The authority shall hold its organizational meeting on April 30, 2024, at 10:00 A.M. in the86
City Courtroom, One Griffin Center, 100 S. Hill Street, Griffin, Georgia. Notice of such87
meeting shall be given to the local organ of each county not less than 15 days prior thereto,88
and a notice shall be posted on the website for each county and the City of Griffin. The89
authority shall meet at such times as may be necessary to transact the business coming before90
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it, but not less than quarterly. All meetings shall be called, noticed, and conducted in
91
accordance with Chapter 14 of Title 50 of the O.C.G.A., the "Open Meetings Law." At its92
organizational meeting and its first regular meeting in January of each year thereafter, the93
authority shall elect one of its members as its chairperson and another member as94
secretary-treasurer. It shall be the duty of the secretary-treasurer to prepare or oversee the95
preparation of written minutes of all meetings of the authority. Only one person shall hold96
the office of secretary-treasurer. These officers shall be elected for a term ending on97
December 31 of the year in which they were elected or until their successors are elected and98
qualified. Five members of the authority shall constitute a quorum for the transaction of all99
business coming before it. The members of the authority may be compensated as determined100
from time to time by said governing authorities; however, it is expressly provided that they101
shall be reimbursed for all actual, reasonable, and necessary expenses incurred in the102
performance of their duties.103
SECTION 5.104
Vacancies in office.105
In the event of a vacancy on the authority by reason of death, resignation, or otherwise, the106
vacancy shall be filled by the governing authority which appointed such member, and the107
person so appointed shall serve for the remainder of the unexpired term.108
SECTION 6.109
Definitions.110
(a) As used in this Act, the term:111
(1) "Authority" means the "Griffin-Spalding County Area Regional Airport Authority"112
created in Section 2 of this Act.113
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(2) "Cost of the project" means the cost of construction; the cost of all lands, properties,
114
rights, easements, and franchises acquired; the cost of all machinery, equipment,115
financing charges, and interest prior to and during construction; the cost of engineering,116
architectural, fiscal, and legal expenses; the cost of plans and specifications; and such117
other expenses as may be necessary or incidental to the financing herein authorized, the118
construction or improvement of any project, and the placing of the same in operation.119
Any obligation or expense incurred for any of the foregoing purposes shall be regarded120
as a part of the cost of the project and may be paid or reimbursed as such out of any funds121
of the authority including the proceeds from any revenue bonds issued under the122
provisions of this Act for any such project or projects.123
(3) "Project" means and includes the leasing, acquisition, construction, equipping,124
maintenance, improving, and operation of public airports and landing fields for the use125
of aircraft, related buildings, and the usual and convenient facilities appertaining to such126
undertakings; extensions and improvements of such facilities; the acquisition of necessary127
property, both real and personal; and the lease and sale of any part of or all of such128
facilities, including real and personal property, so as to assure the efficient and proper129
development, maintenance, and operation of such airports and landing fields for the use130
of aircraft, deemed by the authority to be necessary, convenient, or desirable for the131
operation of such airports and landing fields anywhere within Spalding County.132
(4) "Revenue bonds," "bonds," or "obligations" mean revenue bonds as defined and133
provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond134
Law," and such type of obligations may be issued by the authority as authorized under135
said "Revenue Bond Law" and any amendments thereto, and in addition shall also mean136
obligations of the authority the issuance of which are hereinafter authorized in this Act.137
(b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the138
revenues and earnings to be derived by the authority therefrom and all properties used,139
leased, and sold in connection therewith will be sufficient to pay the cost of constructing,140
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operating, maintaining, repairing, improving, and extending the project and to pay the
141
principal and interest of the revenue bonds which may be issued to finance, in whole or in142
part, the cost of such project or projects.143
SECTION 7.144
Powers.145
(a) The authority shall have power:146
(1) To have a seal and alter the same at its pleasure;147
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and148
personal property of every kind and character for its corporate purposes;149
(3) To acquire in its own name by purchase, gift, or otherwise on such terms and150
conditions and in such manner as it may deem proper, real property or rights or easements151
therein or franchises necessary or convenient for its corporate purposes, and to use the152
same so long as its corporate existence shall continue, and to lease or make contracts with153
respect to the use of or disposition of the same in any manner it deems to the best154
advantage of the authority;155
(4) To appoint, select, and employ officers and employees, or, in the alternative, the156
authority may contract with the City of Griffin for its officers and employees or may157
contract with the city for personnel services and benefits, including payroll, insurance,158
and retirement programs. The authority may enter into contracts with consultants and159
independent contractors, including engineering, architectural, and construction experts,160
fiscal agents, and attorneys, and fix their respective compensation;161
(5) To make contracts, leases, and to execute all instruments necessary or convenient162
including contracts for construction of projects or leases of projects or contracts with163
respect to the use of projects which it causes to be erected or acquired and any and all164
persons, firms, and corporations and any and all political subdivisions, departments,165
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institutions, or agencies of the state are authorized to enter into contracts, leases, or
166
agreements with the authority upon such terms and for such purposes as they may deem167
advisable; the authority is further granted the authority to make contracts, leases, and to168
execute all instruments necessary or convenient with the United States government or any169
agency or department thereof concerning the projects of the authority, subject to the170
rights and interests of the holder of any of the bonds or obligations authorized to be171
issued hereunder, and by the resolution or trust indenture of the authority authorizing the172
issuance of any of its bonds or obligations as provided for in this Act;173
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve,174
equip, operate, and manage projects, as hereinabove defined, the cost of any such project175
to be paid in whole or in part from the proceeds of revenue bonds or other funds of the176
authority or from such proceeds or other funds and any grant from the United States of177
America, State of Georgia, County of Spalding, City of Griffin, or any agency or178
instrumentality thereof;179
(7) To accept loans and grants, or to accept loans or grants of money or materials or180
property of any kind from the United States of America or any agency or instrumentality181
or political subdivision thereof or from any other source, upon such terms and conditions182
as the United States of America or such agency or instrumentality or other source may183
impose;184
(8) To accept loans and grants, or to accept loans or grants of money or materials or185
property of any kind from the State of Georgia or any agency or instrumentality or186
political subdivision thereof or from any other source, upon such terms and conditions187
as the State of Georgia or such agency or instrumentality or political subdivision or any188
other source may impose;189
(9) To borrow money for any of its corporate purposes and to execute evidence of such190
indebtedness by promissory notes, or otherwise, and to secure the same and to issue191
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negotiable revenue bonds payable solely from funds pledged for that purpose, and to
192
provide for the payment of the same and for the rights of the holders thereof;193
(10) To exercise any power usually possessed by private corporations performing similar194
functions, which is not in conflict with the Constitution and laws of this state, except the195
right of eminent domain;196
(11) The authority and the trustee acting under the trust indenture are specifically197
authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any198
surplus property, both real or personal, or interest therein not required in the normal199
operation of and usable in the furtherance of the purpose for which the authority was200
created;201
(12) To do all things necessary or convenient to exercise and carry out the powers202
especially given in this Act;203
(13) To make rules and bylaws for the orderly operation of the authority; and204
(14) To request the city or county to exercise the power of eminent domain to acquire205
any private real property or any rights or interests therein including any easements, as206
necessary or convenient for the accomplishment of the purposes of this Act, in207
accordance with the provisions of any and all existing laws applicable to the exercise of208
such power. The authority shall pay the condemning authority for any property209
condemned under this power, including legal fees and expenses (such as surveys and210
appraisals), from its own funds and in proceedings to condemn pursuant to this section,211
the court having jurisdiction of the suit, action, or proceeding may enter such orders212
regarding the payment for such property or interest therein as may be fair and just to the213
city or county, the authority, and the owners of the property being condemned. Any such214
procedure may suggest the method of payment by the authority to persons who shall own215
or have an interest in the property.216
(b) The authority, notwithstanding any other provision herein to the contrary, is authorized217
to exercise each and every power conferred upon it by this Act, specifically including the218
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issuance of revenue bonds, both within and outside the confines of Spalding County, and to
219
contract with any other entity, governmental or otherwise, for the joint acquisition,220
construction, use, or operation of airports and related facilities outside the limits of Spalding221
County. Prior to exercising any of said powers outside the limits of Spalding County, said222
authority shall be required to obtain the approval of the governing authorities of both the City223
of Griffin and Spalding County.224
SECTION 8.225
Revenue bonds.226
The authority, or any authority or body which has or which may in the future succeed to the227
powers, duties, and liabilities vested in the authority created hereby, shall have power and228
is authorized at one time, or from time to time, to provide by resolution for the issuance of229
negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein230
defined of any one or more projects. The principal and interest of such revenue bonds shall231
be payable solely from the special fund herein provided for such payment. The bonds of232
each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the233
authority from time to time, shall be payable as provided by resolution of the authority, shall234
mature at such time or times not exceeding 30 years from their date or dates, shall be payable235
in such medium of payment as to both principal and interest as may be determined by the236
authority, and may be made redeemable before maturity at the option of the authority, at such237
price or prices and under such terms and conditions as may be fixed by the authority in the238
resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall239
be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the240
O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the241
conditions thereof shall be the same as those contained in said "Revenue Bond Law" and any242
amendments thereof.243
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SECTION 9.
244
Form, denominations, registration, place of payment.245
The authority shall determine the form of the bonds, shall fix the denomination or246
denominations of the bonds, and the place or places of payment of principal and interest247
thereof, which may be at any bank or trust company within or outside the state. The bonds248
may be issued in coupon or registered form, or both, as the authority may determine, and249
provision may be made for the registration of any coupon bond as to principal alone and also250
as to both the principal and interest.251
SECTION 10.252
Signatures, seal.253
In case any officer whose signature shall appear on any bonds or whose facsimile signature254
shall appear on any coupon shall cease to be such officer before the delivery of such bonds,255
such signature shall nevertheless be valid and sufficient for all purposes the same as if he or256
she had remained in office until such delivery. All such bonds shall be signed by the257
chairperson of the authority and attested by the secretary-treasurer of the authority, and the258
official seal of the authority shall be affixed thereto, and any coupons attached thereto shall259
bear the facsimile signatures of the chairperson and secretary-treasurer of the authority. Any260
bond may be signed, sealed, and attested on behalf of the authority by such persons as at the261
actual time of the execution of such bonds shall be duly authorized or hold the proper office,262
although at the date of delivery and payment of such bonds such persons may not have been263
so authorized or shall not have held such office.264
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SECTION 11.
265
Negotiability, exemption from taxation.266
All revenue bonds issued under the provisions of this Act shall have and are declared to have267
all the qualities and incidents of negotiable instruments under the negotiable instrument law268
of the state. Such bonds are declared to be issued for an essential public and governmental269
purpose and the said bonds, their transfer, and the income thereof shall be exempt from all270
taxation within the state.271
SECTION 12.272
Sale, price.273
The authority may sell such bonds in such manner and for such price as it may determine to274
be in the best interest of the authority.275
SECTION 13.276
Proceeds of bonds.277
The proceeds of such bonds shall be used solely for the payment of the cost of the project or278
projects, and unless otherwise provided in the resolution authorizing the issuance of the279
bonds or in the trust indenture, additional bonds may in like manner be issued to provide the280
amount of any deficit for the cost of the project or projects which, unless otherwise provided281
in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be282
deemed to be of the same issue and shall be entitled to payment from the same fund without283
preference or priority of the bonds first issued for the same purposes. If the proceeds of the284
bonds of any issue shall exceed the amount required for the purpose for which such bonds285
are issued, the surplus shall be paid into a sinking fund or used for additional construction286
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as may be provided in the resolution authorizing the issuance of the bonds or in the trust
287
indenture.288
SECTION 14.289
Interim receipts and certificates or temporary bonds.290
Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue291
interim receipts, interim certificates, or temporary bonds, with or without coupons292
exchangeable for definitive bonds upon the issuance of the latter.293
SECTION 15.294
Replacement of lost or mutilated bonds.295
The authority may also provide for the replacement of any bond which shall become296
mutilated or be destroyed or lost.297
SECTION 16.298
Conditions precedent to issuance, object of issuance.299
Such revenue bonds may be issued without any other proceedings or the happening of any300
other conditions or things than those proceedings, conditions, and things which are specified301
or required by this Act. In the discretion of the authority, revenue bonds of a single issue302
may be issued for the purpose of any particular project. Any resolution providing for the303
issuance of revenue bonds under the provisions of this Act shall become effective304
immediately upon its passage and need not be published or posted, and any such resolution305
may be passed at any regular or special or adjourned meeting of the authority by a majority306
of the quorum as in this Act provided.307
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SECTION 17.
308
Credit not pledged.309
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a310
debt of either the City of Griffin or Spalding County, or any municipality therein, but such311
bonds shall be payable solely from the fund hereinafter provided for and the issuance of such312
revenue bonds shall not directly, indirectly, or contingently obligate the said city or county,313
or any municipality therein, to levy or to pledge any form of taxation whatever therefor or314
to make any appropriation for such payment, and all such bonds shall contain recitals on their315
face covering substantially the foregoing provisions of this section.316
SECTION 18.317
Trust indenture as security.318
In the discretion of the authority, any issue of such revenue bonds may be secured by a trust319
indenture by and between the authority and a corporate trustee, which may be any trust320
company or bank having the powers of a trust company within or outside of the state. Such321
trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the322
authority, including the proceeds derived from the sale from time to time of any surplus323
property of the authority, both real and personal. Either the resolution providing for the324
issuance of revenue bonds or such trust indenture may contain such provisions for protecting325
and enforcing the rights and remedies of the bondholders as may be reasonable and proper326
and not in violation of law, including covenants setting forth the duties of the authority in327
relation to the acquisition of property, the construction of the project, the maintenance,328
operation, repair, and insuring of the property, and the custody, safeguarding, and application329
of all moneys, including the proceeds derived from the sale or lease of property of the330
authority, both real and personal, and may also provide that any project shall be constructed331
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and paid for under the supervision and approval of consulting engineers or architects
332
employed or designated by the authority, and satisfactory to the original purchasers of the333
bonds issued therefor and may also require that the security given by contractors and by any334
depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such335
purchasers, and may also contain provisions concerning the conditions, if any, upon which336
additional revenue bonds may be issued. It shall be lawful for any bank or trust company337
incorporated under the laws of this state to act as such depository and to furnish such338
indemnifying bonds or pledge such securities as may be required by the authority. Such339
indenture may set forth the rights and remedies of the bondholders and of the trustee and may340
restrict the individual right of action of bondholders as is customary in trust indentures341
securing bonds and debentures of corporations. In addition to the foregoing, such trust342
indenture may contain such other provisions as the authority may deem reasonable and343
proper for the security of the bondholders. All expenses incurred in carrying out such trust344
indenture may be treated as a part of the cost of maintenance, operation, and repair of the345
project affected by such indenture.346
SECTION 19.347
To whom proceeds of bonds shall be paid.348
The authority shall, in the resolution providing for the issuance of revenue bonds or in the349
trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer350
or person who, or any agency, bank, or trust company which, shall act as trustee of such351
funds to hold and apply the same to the purposes thereof, subject to such regulations as this352
Act and such resolutions or trust indentures may provide.353
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SECTION 20.
354
Sinking fund.355
The revenues, fees, tolls, and earnings derived from any particular project or projects,356
regardless of whether or not such fees, earnings, and revenues were produced by a particular357
project for which bonds have been issued and any moneys derived from the sale or lease of358
any properties, both real and personal, of the authority, unless otherwise pledged and359
allocated, may be pledged and allocated by the authority to the payment of the principal and360
interest on such revenue bonds of the authority as the resolution authorizing the issuance of361
the bonds or the trust instrument may provide, and such funds so pledged from whatever362
source received, which said pledge may include funds received from one or more or all363
sources, shall be set aside at regular intervals as may be provided in the resolution or trust364
indenture into a sinking fund, which said sinking fund shall be pledged to, and charged with,365
the payment of:366
(1) The interest upon such revenue bonds as such interest shall fall due;367
(2) The principal of the bonds as the same shall fall due;368
(3) The necessary charges of a paying agent or agents for paying interest and principal;369
(4) Any premium upon bonds retired by call or purchase as hereinabove provided; and370
(5) Any other reasonable or necessary costs or expenses relating to such bond issue.371
The use and disposition of such sinking fund shall be subject to such regulations as may be372
provided in the resolution authorizing the issuance of the revenue bonds or in the trust373
indenture, however, except as may otherwise be provided in such resolution or trust374
indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without375
distinction or priority of one over another. Subject to the provisions of the resolution376
authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking377
fund may be applied to the purchase or redemption of bonds and any such bonds so378
purchased or redeemed shall forthwith be canceled and shall not again be issued.379
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SECTION 21.
380
Remedies of bondholders.381
Any holder of revenue bonds issued under the provisions of this Act or any of the coupons382
appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the383
rights herein given may be restricted by resolution passed before the issuance of the bonds384
or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other385
proceedings protect and enforce any and all rights under the laws of the State of Georgia or386
granted hereunder or under such resolution or trust indenture, and may enforce and compel387
performance of all duties required by this Act or by such resolution or trust indenture, to be388
performed by the authority, or any officer thereof, including the fixing, charging, and389
collecting of revenues, fees, tolls, and other charges for the use of the facilities and services390
furnished.391
SECTION 22.392
Refunding bonds.393
The authority is authorized to provide by resolution for the issuance of revenue refunding394
bonds of the authority for the purpose of refunding any revenue bonds issued under the395
provisions of this Act and then outstanding, together with accrued interest thereon. The396
issuance of such revenue refunding bonds, the maturities, and all other details thereof, the397
rights of the holders thereof, and the duties of the authority in respect to the same shall be398
governed by the foregoing provisions of this Act insofar as the same may be applicable.399
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SECTION 23.
400
Validation.401
Bonds of the authority shall be confirmed and validated in accordance with said "Revenue402
Bond Law." The petition for validation shall also make party defendant to such action any403
municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the404
United States government or any department or agency of the United States government, if405
subject to be sued, which has contracted with the authority for the services and facilities of406
the project for which bonds are to be issued and sought to be validated and such407
municipality, county, authority, subdivision, or instrumentality shall be required to show408
cause, if any, why such contract or contracts and the terms and conditions thereof should not409
be inquired into by the court and the validity of the terms thereof be determined and the410
contract or contracts adjudicated as security for the payment of any such bonds of the411
authority. The bonds when validated and the judgment of validation shall be final and412
conclusive with respect to such bonds against the authority issuing the same, and any413
municipality, county, authority, subdivision, or instrumentality of this state or the United414
States government if a party to the validation proceedings, contracting with the said415
Griffin-Spalding County Airport Authority.416
SECTION 24.417
Venue and jurisdiction.418
Any action to protect or enforce any rights under the provisions of this Act or any suit or419
action against such authority shall be brought in the Superior Court of Spalding County,420
Georgia, and any action pertaining to validation of any bonds issued under the provisions of421
this Act shall likewise be brought in said court.422
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SECTION 25.
423
Interest of bondholders protected.424
While any of the bonds issued by the authority remain outstanding, the powers, duties, or425
existence of said authority or of its officers, employees, or agents shall not be diminished or426
impaired in any manner that will affect adversely the interest and rights of the holders of such427
bonds, and no other entity, department, agency, or authority shall be created which will428
compete with the authority to such an extent as to affect adversely the interest and rights of429
the holders of such bonds and, upon the issuance of bonds hereunder, the provisions hereof430
shall constitute a contract with the holders of such bonds.431
SECTION 26.432
Moneys received considered trust funds.433
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale434
of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings435
shall be deemed to be trust funds to be held and applied solely as provided in this Act.436
SECTION 27.437
Purpose of the authority.438
Without limiting the generality of any provisions of this Act, the general purpose of the439
authority is declared to be that of acquiring, constructing, equipping, maintaining, improving,440
and operating new regional public use, general aviation airports and landing fields for the use441
of aircraft, including any related buildings and the usual and convenient facilities442
appertaining to such undertakings and extensions and improvements of such facilities,443
acquiring the necessary property therefor, both real and personal, and to lease or sell any or444
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all of such facilities including real property, and to do any and all things deemed by the
445
authority necessary, convenient, or desirable for and incident to the efficient and proper446
development and operation of such types of undertakings.447
SECTION 28.448
Rates, charges, and revenues; use.449
The authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges, and450
to revise, from time to time, and collect such rates, fees, tolls, and charges for the services,451
facilities, or commodities furnished, including leases, concessions, or subleases of its lands452
or facilities in accordance with assurances set forth in airport improvement and assistance453
agreements entered into between the authority and the Federal Aviation Administration, the454
Georgia Department of Transportation, or the United States Department of Transportation.455
This authority assumes no liability for obligations assumed by the Griffin-Spalding County456
Airport Authority under prior agreements entered between the County of Spalding or City457
of Griffin with the Federal Aviation Administration, and further assumes no liability for the458
operation and maintenance of the general aviation airport currently located in Spalding459
County, Georgia designated as 6 Alpha 2. This authority shall maintain a fee and rental460
structure for the use of its land and facilities sufficient to make any airport or landing field461
operated by the authority as self-sustaining as possible under the circumstances existing at462
the particular airport, consistent with the obligation to operate such airports or landing fields463
for public use, on reasonable terms and without unjust discrimination, to all types, kinds, and464
classes of aeronautical activities, including commercial aeronautical activities offering465
services to the public at such airport or landing field.466
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SECTION 29.
467
Rules and regulations for operation of projects.468
It shall be the duty of the authority to prescribe rules and regulations for the operation of the469
project or projects constructed under the provisions of this Act, including the basis on which470
airports and landing fields for the use of aircraft shall be furnished. Before undertaking471
performance of any airport or landing field operations, the authority shall procure and472
maintain in force at all times sufficient liability insurance covering aviation related risks for473
their operations. At all times relevant hereto, the authority shall operate its airports and474
landing fields in accordance with grant assurances entered into with the Federal Aviation475
Administration, the Georgia Department of Transportation, or the United States Department476
of Transportation.477
SECTION 30.478
Powers declared supplemental and additional.479
The foregoing sections of this Act shall be deemed to provide an additional and alternative480
method for the doing of the things authorized thereby and shall be regarded as supplemental481
and additional to powers conferred by other laws and shall not be regarded as in derogation482
of any powers now existing.483
SECTION 31.484
Liberal construction of Act.485
This Act being for the purpose of promoting the health, morals, and general welfare of the486
citizens of the United States, of the State of Georgia, of Spalding, Butts, Lamar, Pike, and487
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Monroe Counties, and of the City of Griffin shall be liberally construed to effect the purposes
488
hereof.489
SECTION 32.490
This Act shall become effective upon its approval by the Governor or upon its becoming law491
without such approval.492
SECTION 33.493
All laws and parts of laws in conflict with this Act are repealed.494
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