Georgia 2023-2024 Regular Session

Georgia House Bill HB1504 Latest Draft

Bill / Enrolled Version Filed 04/02/2024

                            24 HB 1504/AP
House Bill 1504 (AS PASSED HOUSE AND SENATE)
By: Representatives Camp of the 135
th
, Mathiak of the 74
th
, Dickey of the 145
th
, Crowe of
the 118
th
, Knight of the 134
th
, and others 
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, subject to review148
and approval by the Federal Aviation Administration, dispose of real and personal149
property of every kind and character for its corporate purposes;150
(3)  To acquire in its own name by purchase, gift, or otherwise on such terms and151
conditions and in such manner as it may deem proper, real property or rights or easements152
therein or franchises necessary or convenient for its corporate purposes, and to use the153
same so long as its corporate existence shall continue, and to lease or make contracts with154
respect to the use of or disposition of the same in any manner it deems to the best155
advantage of the authority;156
(4)  To appoint, select, and employ officers and employees, or, in the alternative, the157
authority may contract with the City of Griffin for its officers and employees or may158
contract with the city for personnel services and benefits, including payroll, insurance,159
and retirement programs.  The authority may enter into contracts with consultants and160
independent contractors, including engineering, architectural, and construction experts,161
fiscal agents, and attorneys, and fix their respective compensation;162
(5)  To make contracts, leases, and to execute all instruments necessary or convenient163
including contracts for construction of projects or leases of projects or contracts with164
respect to the use of projects which it causes to be erected or acquired and any and all165
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persons, firms, and corporations and any and all political subdivisions, departments,
166
institutions, or agencies of the state are authorized to enter into contracts, leases, or167
agreements with the authority upon such terms and for such purposes as they may deem168
advisable; the authority is further granted the authority to make contracts, leases, and to169
execute all instruments necessary or convenient with the United States government or any170
agency or department thereof concerning the projects of the authority, subject to the171
rights and interests of the holder of any of the bonds or obligations authorized to be172
issued hereunder, and by the resolution or trust indenture of the authority authorizing the173
issuance of any of its bonds or obligations as provided for in this Act;174
(6)  To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve,175
equip, operate, and manage projects, as hereinabove defined, the cost of any such project176
to be paid in whole or in part from the proceeds of revenue bonds or other funds of the177
authority or from such proceeds or other funds and any grant from the United States of178
America, State of Georgia, County of Spalding, City of Griffin, or any agency or179
instrumentality thereof;180
(7)  To accept loans and grants, or to accept loans or grants of money or materials or181
property of any kind from the United States of America or any agency or instrumentality182
or political subdivision thereof or from any other source, upon such terms and conditions183
as the United States of America or such agency or instrumentality or other source may184
impose;185
(8)  To accept loans and grants, or to accept loans or grants of money or materials or186
property of any kind from the State of Georgia or any agency or instrumentality or187
political subdivision thereof or from any other source, upon such terms and conditions188
as the State of Georgia or such agency or instrumentality or political subdivision or any189
other source may impose;190
(9)  To borrow money for any of its corporate purposes and to execute evidence of such191
indebtedness by promissory notes, or otherwise, and to secure the same and to issue192
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negotiable revenue bonds payable solely from funds pledged for that purpose, and to
193
provide for the payment of the same and for the rights of the holders thereof;194
(10)  To exercise any power usually possessed by private corporations performing similar195
functions, which is not in conflict with the Constitution and laws of this state, except the196
right of eminent domain;197
(11)  The authority and the trustee acting under the trust indenture are specifically198
authorized from time to time, subject to review and approval by the Federal Aviation199
Administration, to sell, lease, grant, exchange, or otherwise dispose of any surplus200
property, both real or personal, or interest therein not required in the normal operation of201
and usable in the furtherance of the purpose for which the authority was created;202
(12)  To do all things necessary or convenient to exercise and carry out the powers203
especially given in this Act;204
(13)  To make rules and bylaws for the orderly operation of the authority; and205
(14)  To request the city or county to exercise the power of eminent domain to acquire206
any private real property or any rights or interests therein including any easements, as207
necessary or convenient for the accomplishment of the purposes of this Act, in208
accordance with the provisions of any and all existing laws applicable to the exercise of209
such power. The authority shall pay the condemning authority for any property210
condemned under this power, including legal fees and expenses (such as surveys and211
appraisals), from its own funds and in proceedings to condemn pursuant to this section,212
the court having jurisdiction of the suit, action, or proceeding may enter such orders213
regarding the payment for such property or interest therein as may be fair and just to the214
city or county, the authority, and the owners of the property being condemned.  Any such215
procedure may suggest the method of payment by the authority to persons who shall own216
or have an interest in the property.217
(b)  The authority, notwithstanding any other provision herein to the contrary, is authorized218
to exercise each and every power conferred upon it by this Act, specifically including the219
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issuance of revenue bonds, both within and outside the confines of Spalding County, and to
220
contract with any other entity, governmental or otherwise, for the joint acquisition,221
construction, use, or operation of airports and related facilities outside the limits of Spalding222
County.  Prior to exercising any of said powers outside the limits of Spalding County, said223
authority shall be required to obtain the approval of the governing authorities of both the City224
of Griffin and Spalding County.225
SECTION 8.226
Revenue bonds.227
The authority, or any authority or body which has or which may in the future succeed to the228
powers, duties, and liabilities vested in the authority created hereby, shall have power and229
is authorized at one time, or from time to time, to provide by resolution for the issuance of230
negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein231
defined of any one or more projects.  The principal and interest of such revenue bonds shall232
be payable solely from the special fund herein provided for such payment.  The bonds of233
each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the234
authority from time to time, shall be payable as provided by resolution of the authority, shall235
mature at such time or times not exceeding 30 years from their date or dates, shall be payable236
in such medium of payment as to both principal and interest as may be determined by the237
authority, and may be made redeemable before maturity at the option of the authority, at such238
price or prices and under such terms and conditions as may be fixed by the authority in the239
resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall240
be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the241
O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the242
conditions thereof shall be the same as those contained in said "Revenue Bond Law" and any243
amendments thereof.244
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SECTION 9.
245
Form, denominations, registration, place of payment.246
The authority shall determine the form of the bonds, shall fix the denomination or247
denominations of the bonds, and the place or places of payment of principal and interest248
thereof, which may be at any bank or trust company within or outside the state.  The bonds249
may be issued in coupon or registered form, or both, as the authority may determine, and250
provision may be made for the registration of any coupon bond as to principal alone and also251
as to both the principal and interest.252
SECTION 10.253
Signatures, seal.254
In case any officer whose signature shall appear on any bonds or whose facsimile signature255
shall appear on any coupon shall cease to be such officer before the delivery of such bonds,256
such signature shall nevertheless be valid and sufficient for all purposes the same as if he or257
she had remained in office until such delivery.  All such bonds shall be signed by the258
chairperson of the authority and attested by the secretary-treasurer of the authority, and the259
official seal of the authority shall be affixed thereto, and any coupons attached thereto shall260
bear the facsimile signatures of the chairperson and secretary-treasurer of the authority.  Any261
bond may be signed, sealed, and attested on behalf of the authority by such persons as at the262
actual time of the execution of such bonds shall be duly authorized or hold the proper office,263
although at the date of delivery and payment of such bonds such persons may not have been264
so authorized or shall not have held such office.265
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SECTION 11.
266
Negotiability, exemption from taxation.267
All revenue bonds issued under the provisions of this Act shall have and are declared to have268
all the qualities and incidents of negotiable instruments under the negotiable instrument law269
of the state. Such bonds are declared to be issued for an essential public and governmental270
purpose and the said bonds, their transfer, and the income thereof shall be exempt from all271
taxation within the state.272
SECTION 12.273
Sale, price.274
The authority may sell such bonds in such manner and for such price as it may determine to275
be in the best interest of the authority.276
SECTION 13.277
Proceeds of bonds.278
The proceeds of such bonds shall be used solely for the payment of the cost of the project or279
projects, and unless otherwise provided in the resolution authorizing the issuance of the280
bonds or in the trust indenture, additional bonds may in like manner be issued to provide the281
amount of any deficit for the cost of the project or projects which, unless otherwise provided282
in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be283
deemed to be of the same issue and shall be entitled to payment from the same fund without284
preference or priority of the bonds first issued for the same purposes.  If the proceeds of the285
bonds of any issue shall exceed the amount required for the purpose for which such bonds286
are issued, the surplus shall be paid into a sinking fund or used for additional construction287
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as may be provided in the resolution authorizing the issuance of the bonds or in the trust
288
indenture.289
SECTION 14.290
Interim receipts and certificates or temporary bonds.291
Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue292
interim receipts, interim certificates, or temporary bonds, with or without coupons293
exchangeable for definitive bonds upon the issuance of the latter.294
SECTION 15.295
Replacement of lost or mutilated bonds.296
The authority may also provide for the replacement of any bond which shall become297
mutilated or be destroyed or lost.298
SECTION 16.299
Conditions precedent to issuance, object of issuance.300
Such revenue bonds may be issued without any other proceedings or the happening of any301
other conditions or things than those proceedings, conditions, and things which are specified302
or required by this Act.  In the discretion of the authority, revenue bonds of a single issue303
may be issued for the purpose of any particular project.  Any resolution providing for the304
issuance of revenue bonds under the provisions of this Act shall become effective305
immediately upon its passage and need not be published or posted, and any such resolution306
may be passed at any regular or special or adjourned meeting of the authority by a majority307
of the quorum as in this Act provided.308
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SECTION 17.
309
Credit not pledged.310
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a311
debt of either the City of Griffin or Spalding County, or any municipality therein, but such312
bonds shall be payable solely from the fund hereinafter provided for and the issuance of such313
revenue bonds shall not directly, indirectly, or contingently obligate the said city or county,314
or any municipality therein, to levy or to pledge any form of taxation whatever therefor or315
to make any appropriation for such payment, and all such bonds shall contain recitals on their316
face covering substantially the foregoing provisions of this section.317
SECTION 18.318
Trust indenture as security.319
In the discretion of the authority, any issue of such revenue bonds may be secured by a trust320
indenture by and between the authority and a corporate trustee, which may be any trust321
company or bank having the powers of a trust company within or outside of the state.  Such322
trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the323
authority, including the proceeds derived from the sale from time to time of any surplus324
property of the authority, both real and personal.  Either the resolution providing for the325
issuance of revenue bonds or such trust indenture may contain such provisions for protecting326
and enforcing the rights and remedies of the bondholders as may be reasonable and proper327
and not in violation of law, including covenants setting forth the duties of the authority in328
relation to the acquisition of property, the construction of the project, the maintenance,329
operation, repair, and insuring of the property, and the custody, safeguarding, and application330
of all moneys, including the proceeds derived from the sale or lease of property of the331
authority, both real and personal, and may also provide that any project shall be constructed332
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and paid for under the supervision and approval of consulting engineers or architects
333
employed or designated by the authority, and satisfactory to the original purchasers of the334
bonds issued therefor and may also require that the security given by contractors and by any335
depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such336
purchasers, and may also contain provisions concerning the conditions, if any, upon which337
additional revenue bonds may be issued.  It shall be lawful for any bank or trust company338
incorporated under the laws of this state to act as such depository and to furnish such339
indemnifying bonds or pledge such securities as may be required by the authority.  Such340
indenture may set forth the rights and remedies of the bondholders and of the trustee and may341
restrict the individual right of action of bondholders as is customary in trust indentures342
securing bonds and debentures of corporations.  In addition to the foregoing, such trust343
indenture may contain such other provisions as the authority may deem reasonable and344
proper for the security of the bondholders.  All expenses incurred in carrying out such trust345
indenture may be treated as a part of the cost of maintenance, operation, and repair of the346
project affected by such indenture.347
SECTION 19.348
To whom proceeds of bonds shall be paid.349
The authority shall, in the resolution providing for the issuance of revenue bonds or in the350
trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer351
or person who, or any agency, bank, or trust company which, shall act as trustee of such352
funds to hold and apply the same to the purposes thereof, subject to such regulations as this353
Act and such resolutions or trust indentures may provide.354
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SECTION 20.
355
Sinking fund.356
The revenues, fees, tolls, and earnings derived from any particular project or projects,357
regardless of whether or not such fees, earnings, and revenues were produced by a particular358
project for which bonds have been issued and any moneys derived from the sale or lease of359
any properties, both real and personal, of the authority, unless otherwise pledged and360
allocated, may be pledged and allocated by the authority to the payment of the principal and361
interest on such revenue bonds of the authority as the resolution authorizing the issuance of362
the bonds or the trust instrument may provide, and such funds so pledged from whatever363
source received, which said pledge may include funds received from one or more or all364
sources, shall be set aside at regular intervals as may be provided in the resolution or trust365
indenture into a sinking fund, which said sinking fund shall be pledged to, and charged with,366
the payment of:367
(1)  The interest upon such revenue bonds as such interest shall fall due;368
(2)  The principal of the bonds as the same shall fall due;369
(3)  The necessary charges of a paying agent or agents for paying interest and principal;370
(4)  Any premium upon bonds retired by call or purchase as hereinabove provided; and371
(5) Any other reasonable or necessary costs or expenses relating to such bond issue.372
The use and disposition of such sinking fund shall be subject to such regulations as may be373
provided in the resolution authorizing the issuance of the revenue bonds or in the trust374
indenture, however, except as may otherwise be provided in such resolution or trust375
indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without376
distinction or priority of one over another. Subject to the provisions of the resolution377
authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking378
fund may be applied to the purchase or redemption of bonds and any such bonds so379
purchased or redeemed shall forthwith be canceled and shall not again be issued.380
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SECTION 21.
381
Remedies of bondholders.382
Any holder of revenue bonds issued under the provisions of this Act or any of the coupons383
appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the384
rights herein given may be restricted by resolution passed before the issuance of the bonds385
or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other386
proceedings protect and enforce any and all rights under the laws of the State of Georgia or387
granted hereunder or under such resolution or trust indenture, and may enforce and compel388
performance of all duties required by this Act or by such resolution or trust indenture, to be389
performed by the authority, or any officer thereof, including the fixing, charging, and390
collecting of revenues, fees, tolls, and other charges for the use of the facilities and services391
furnished.392
SECTION 22.393
Refunding bonds.394
The authority is authorized to provide by resolution for the issuance of revenue refunding395
bonds of the authority for the purpose of refunding any revenue bonds issued under the396
provisions of this Act and then outstanding, together with accrued interest thereon.  The397
issuance of such revenue refunding bonds, the maturities, and all other details thereof, the398
rights of the holders thereof, and the duties of the authority in respect to the same shall be399
governed by the foregoing provisions of this Act insofar as the same may be applicable.400
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SECTION 23.
401
Validation.402
Bonds of the authority shall be confirmed and validated in accordance with said "Revenue403
Bond Law."  The petition for validation shall also make party defendant to such action any404
municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the405
United States government or any department or agency of the United States government, if406
subject to be sued, which has contracted with the authority for the services and facilities of407
the project for which bonds are to be issued and sought to be validated and such408
municipality, county, authority, subdivision, or instrumentality shall be required to show409
cause, if any, why such contract or contracts and the terms and conditions thereof should not410
be inquired into by the court and the validity of the terms thereof be determined and the411
contract or contracts adjudicated as security for the payment of any such bonds of the412
authority.  The bonds when validated and the judgment of validation shall be final and413
conclusive with respect to such bonds against the authority issuing the same, and any414
municipality, county, authority, subdivision, or instrumentality of this state or the United415
States government if a party to the validation proceedings, contracting with the said416
Griffin-Spalding County Airport Authority.417
SECTION 24.418
Venue and jurisdiction.419
Any action to protect or enforce any rights under the provisions of this Act or any suit or420
action against such authority shall be brought in the Superior Court of Spalding County,421
Georgia, and any action pertaining to validation of any bonds issued under the provisions of422
this Act shall likewise be brought in said court.423
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SECTION 25.
424
Interest of bondholders protected.425
While any of the bonds issued by the authority remain outstanding, the powers, duties, or426
existence of said authority or of its officers, employees, or agents shall not be diminished or427
impaired in any manner that will affect adversely the interest and rights of the holders of such428
bonds, and no other entity, department, agency, or authority shall be created which will429
compete with the authority to such an extent as to affect adversely the interest and rights of430
the holders of such bonds and, upon the issuance of bonds hereunder, the provisions hereof431
shall constitute a contract with the holders of such bonds.432
SECTION 26.433
Moneys received considered trust funds.434
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale435
of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings436
shall be deemed to be trust funds to be held and applied solely as provided in this Act.437
SECTION 27.438
Purpose of the authority.439
Without limiting the generality of any provisions of this Act, the general purpose of the440
authority is declared to be that of acquiring, constructing, equipping, maintaining, improving,441
and operating new regional public use, general aviation airports and landing fields for the use442
of aircraft, including any related buildings and the usual and convenient facilities443
appertaining to such undertakings and extensions and improvements of such facilities,444
acquiring the necessary property therefor, both real and personal, and to lease or, subject to445
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review and approval by the Federal Aviation Administration,  sell any or all of such facilities
446
including real property, and to do any and all things deemed by the authority necessary,447
convenient, or desirable for and incident to the efficient and proper development and448
operation of such types of undertakings.449
SECTION 28.450
Rates, charges, and revenues; use.451
The authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges, and452
to revise, from time to time, and collect such rates, fees, tolls, and charges for the services,453
facilities, or commodities furnished, including leases, concessions, or subleases of its lands454
or facilities in accordance with assurances set forth in airport improvement and assistance455
agreements entered into between the authority and the Federal Aviation Administration, the456
Georgia Department of Transportation, or the United States Department of Transportation.457
This authority assumes no liability for the operation and maintenance of the general aviation458
airport currently located in Spalding County, Georgia designated as 6 Alpha 2. This459
authority shall maintain a fee and rental structure for the use of its land and facilities460
sufficient to make any airport or landing field operated by the authority as self-sustaining as461
possible under the circumstances existing at the particular airport, consistent with the462
obligation to operate such airports or landing fields for public use, on reasonable terms and463
without unjust discrimination, to all types, kinds, and classes of aeronautical activities,464
including commercial aeronautical activities offering services to the public at such airport465
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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