Georgia 2025-2026 Regular Session

Georgia House Bill HB816 Compare Versions

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1-25 LC 62 0159/AP
2-House Bill 816 (AS PASSED HOUSE AND SENATE)
1+25 LC 62 0159
2+House Bill 816
33 By: Representative Rhodes of the 124
44 th
55
66 A BILL TO BE ENTITLED
77 AN ACT
88 To create the Greene County Public Facilities Authority and to provide for the appointment
99 1
1010 of members of the authority; to provide for a short title; to confer powers upon the authority;2
1111 to provide for purpose and scope of operations of the authority; to provide for definitions;3
1212 to authorize the issuance of revenue bonds of the authority; to fix and provide the venue and4
1313 jurisdiction of actions; to provide for moneys received and trust funds; to provide for tort5
1414 immunity; to provide for tax exemption, rates, charges, and revenues; to provide for effect6
1515 on other governments; to provide for construction of Act and severability; to provide for7
1616 related matters; to provide for an effective date; to repeal conflicting laws; and for other8
1717 purposes.9
1818 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
1919 SECTION 1.11
2020 Short title.12
2121 This Act shall be known and may be cited as the "Greene County Public Facilities Authority13
2222 Act."14
2323 H. B. 816
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2525 SECTION 2.
2626 15
2727 Greene County Public Facilities Authority.16
2828 (a) There is hereby created a public body corporate and politic to be known as the "Greene17
2929 County Public Facilities Authority," which shall be deemed to be a political subdivision of18
3030 the state and a public corporation, and by that name, style, and title such body may contract19
3131 and be contracted with, sue and be sued, implead and be impleaded, and complain and defend20
3232 in all courts of law and equity. The authority shall have perpetual existence.21
3333 (b) The authority shall consist of five members who shall be appointed by the Board of22
3434 Commissioners of Greene County. Members of the Board of Commissioners of Greene23
3535 County may be appointed to the authority. With respect to initial appointments, each24
3636 member of the Board of Commissioners, including the chairperson, shall nominate an25
3737 individual for appointment to the authority. Commissioners may nominate themselves. Each26
3838 initial nominee appointed to the authority shall serve contemporaneously with the term of the27
3939 nominating commissioner, with such term expiring at the end of the existing term of the28
4040 commissioner. Thereafter, all members shall be appointed for terms of four years and until29
4141 their successors are appointed and qualified. Immediately after such appointments, the30
4242 members of the authority shall enter upon their duties. To be eligible for appointment as a31
4343 member of the authority, a person shall be at least 21 years of age and a resident of Greene32
4444 County, Georgia, for at least two years prior to the date of his or her appointment and shall33
4545 not have been convicted of a felony. Any member of the authority may be selected and34
4646 appointed to succeed himself or herself. 35
4747 (c) The members shall not be compensated for their services; provided, however, that such36
4848 members shall be reimbursed for their actual expenses necessarily incurred in the37
4949 performance of their duties.38
5050 (d) The members of the authority shall elect one of their number as chairperson and another39
5151 as vice chairperson. The members of the authority shall also elect a secretary, who need not40
5252 H. B. 816
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5454 be a member of the authority, and may also elect a treasurer, who need not be a member of
5555 41
5656 the authority. The secretary may also serve as treasurer. If the secretary and treasurer are42
5757 not members of the authority, such officers shall have no voting rights; and each shall serve43
5858 for a period of one year and until their successors are duly elected and qualified.44
5959 (e) Three members of the authority shall constitute a quorum. No vacancy on the authority45
6060 shall impair the right of the quorum to exercise all of the rights and perform all of the duties46
6161 of the authority.47
6262 SECTION 3.48
6363 Definitions.49
6464 As used in this Act, the term:50
6565 (1) "Authority" means the Greene County Public Facilities Authority created by this Act.51
6666 (2) "Costs of the project" means and embraces the cost of construction; the cost of all52
6767 lands, properties, rights, easements, and franchises acquired; the cost of all machinery and53
6868 equipment; financing charges; interest prior to and during construction and for six months54
6969 after completion of construction; the cost of engineering, architectural, fiscal agents'55
7070 expenses, legal expenses, plans and specifications, and other expenses necessary or56
7171 incidental to determining the feasibility or practicability of the project; administrative57
7272 expenses and such other expenses as may be necessary or incidental to the financing58
7373 authorized in this Act; working capital; and all other costs necessary to acquire, construct,59
7474 add to, extend, improve, equip, operate, and maintain the project.60
7575 (3) "County" means Greene County, Georgia.61
7676 (4) "Project" means all buildings, facilities, and equipment necessary or convenient for62
7777 the efficient operation of the county or any department, agency, division, or commission63
7878 thereof, the Greene County School District, any municipal corporation within the county,64
7979 and any undertaking permitted by the Revenue Bond Law.65
8080 H. B. 816
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8282 (5) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the
8383 66
8484 "Revenue Bond Law."67
8585 (6) "Revenue bonds" means revenue bonds authorized to be issued pursuant to the68
8686 Revenue Bond Law.69
8787 (7) "Self-liquidating" means any project from which the revenues and earnings to be70
8888 derived by the authority therefrom, including, but not limited to, any contractual71
8989 payments with governmental or private entities, and all properties used, leased, and sold72
9090 in connection herewith, together with any grants, will be sufficient to pay the costs of73
9191 operating, maintaining, and repairing the project and to pay the principal and interest on74
9292 the revenue bonds or other obligations which may be issued for the purpose of paying the75
9393 costs of the project.76
9494 (8) "State" means the State of Georgia.77
9595 SECTION 4.78
9696 Powers.79
9797 The authority shall have the power:80
9898 (1) To have a seal and alter the same at its pleasure;81
9999 (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate,82
100100 maintain, lease, and dispose of real and personal property of every kind and character for83
101101 its corporate purposes;84
102102 (3) To acquire in its own name by purchase on such terms and conditions and in such85
103103 manner as it may deem proper or by condemnation in accordance with the provisions of86
104104 any and all existing laws applicable to the condemnation of property for public use, real87
105105 property, or rights or easements therein, or franchises necessary or convenient for its88
106106 corporate purposes; to use the same so long as its corporate existence shall continue; and89
107107 to lease or make contracts with respect to the use of or disposal of the same in any90
108108 H. B. 816
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110110 manner it deems to the best advantage of the authority. The authority shall be under no
111111 91
112112 obligation to accept and pay for any property condemned under this Act except from the92
113113 funds provided under the authority of this Act. In any proceedings to condemn, such93
114114 orders may be made by the court having jurisdiction of the suit, action, or proceedings94
115115 as may be just to the authority and to the owners of the property to be condemned. No95
116116 property shall be acquired under the provisions of this Act upon which any lien or96
117117 encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of97
118118 money is to be deposited in trust to pay and redeem the fair value of such lien or98
119119 encumbrance;99
120120 (4) To appoint, select, and employ officers, agents, and employees, including100
121121 engineering, architectural, and construction experts, fiscal agents, and attorneys, and to101
122122 fix their respective compensations;102
123123 (5) To execute contracts, leases, installment sale agreements, and other agreements and103
124124 instruments necessary or convenient in connection with the acquisition, construction,104
125125 addition, extension, improvement, equipping, operation, or maintenance of a project; and105
126126 any and all persons, firms, corporations, and Greene County are hereby authorized to106
127127 enter into contracts, leases, installment sale agreements, and other agreements or107
128128 instruments with the authority upon such terms and for such purposes as they deem108
129129 advisable and as they are authorized by law;109
130130 (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease,110
131131 and dispose of projects;111
132132 (7) To pay the costs of the project with the proceeds of revenue bonds or other112
133133 obligations issued by the authority or from any grant or contribution from the United113
134134 States or any agency or instrumentality thereof or from this state or any agency or any114
135135 instrumentality or other political subdivision thereof or from any other source115
136136 whatsoever;116
137137 H. B. 816
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139139 (8) To accept loans or grants of money, materials, or property of any kind from the
140140 117
141141 United States or any agency or instrumentality thereof, upon such terms and conditions118
142142 as the United States or such agency or instrumentality may require;119
143143 (9) To accept loans or grants of money, materials, or property of any kind from this state120
144144 or any agency or instrumentality or political subdivision or municipal corporation thereof,121
145145 upon such terms and conditions as this state or such agency or instrumentality or political122
146146 subdivision or municipal corporation may require;123
147147 (10) To borrow money for any of its corporate purposes, to issue revenue bonds, notes124
148148 and other forms of obligation, deeds to secure debt, security agreements, and other125
149149 instruments as may be necessary or convenient to evidence and secure such borrowing,126
150150 and to provide for the payment of the same and for the rights of the holders thereof;127
151151 (11) To exercise any power usually possessed by private corporations performing similar128
152152 functions, including the power to incur short-term debt and to approve, execute, and129
153153 deliver appropriate evidence of any such indebtedness;130
154154 (12) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the131
155155 manner in which its business is transacted;132
156156 (13) To prescribe rules, regulations, service policies, and procedures for the operation133
157157 of any project; and134
158158 (13) To do all things necessary or convenient to carry out the powers expressly given in135
159159 this Act.136
160160 SECTION 5.137
161161 Revenue bonds.138
162162 The authority, or any authority or body which has or which may in the future succeed to the139
163163 powers, duties, and liabilities vested in the authority created by this Act, shall have power140
164164 and is authorized, pursuant to the Revenue Bond Law, to provide by resolution for the141
165165 H. B. 816
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167167 issuance of revenue bonds of the authority for the purpose of paying all or any part of the
168168 142
169169 costs of a project and for the purpose of refunding revenue bonds or other obligations143
170170 previously issued. Revenue bonds shall be undertaken, issued, priced, validated, sold, paid,144
171171 redeemed, refunded, secured, and replaced in accordance with the provisions of the Revenue145
172172 Bond Law. The principal and interest on revenue bonds shall be payable solely from the146
173173 revenues and properties pledged to the payment of such bonds. Revenue bonds issued by the147
174174 authority shall contain terms the authority determines are in the best interest of the authority,148
175175 provided no revenue bonds shall have a maturity exceeding 40 years.149
176176 SECTION 6.150
177177 Revenue bonds; signatures; seal.151
178178 All revenue bonds shall bear the manual or facsimile signature of the chairperson or vice152
179179 chairperson of the authority and the attesting manual or facsimile signature of the secretary153
180180 or treasurer of the authority, and the official seal of the authority shall be impressed or154
181181 imprinted thereon. Any revenue bonds may bear the manual or facsimile signature of such155
182182 persons as at the actual time of execution of the revenue bonds shall be duly authorized or156
183183 hold the proper office, although at the date of issuance of the revenue bonds the person may157
184184 not have been authorized or held the office. In case any officer whose signature appears on158
185185 any revenue bonds ceases to be an officer before the delivery of the bonds, the signature shall159
186186 be valid and sufficient for all purposes, as if the officer had remained in office until delivery.160
187187 H. B. 816
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189189 SECTION 7.
190190 161
191191 Revenue bonds; negotiability; exemption from taxation.162
192192 All revenue bonds shall have, and are declared to have, all the qualities and incidents of163
193193 negotiable instruments under the laws of this state. All revenue bonds and their transfer and164
194194 income shall be exempt from all taxation within the state.165
195195 SECTION 8.166
196196 Revenue bonds; conditions precedent to issuance.167
197197 The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the168
198198 resolution, the authority shall determine that the project financed with the proceeds of such169
199199 revenue bonds is self-liquidating. Revenue bonds may be issued without any other170
200200 proceedings or the happening of any other conditions or things other than those proceedings,171
201201 conditions, and things which are specified or required by this Act. Any resolution providing172
202202 for the issuance of revenue bonds under the provisions of this Act shall become effective173
203203 immediately upon its passage and need not be published or posted, and any such resolution174
204204 may be passed at any regular, special, or adjourned meeting of the authority.175
205205 SECTION 9.176
206206 Credit not pledged.177
207207 Revenue bonds of the authority shall not be deemed to constitute a debt of Greene County178
208208 or the State of Georgia, nor a pledge of the faith and credit of this state or such county, but179
209209 such revenue bonds shall be payable solely from the fund hereinafter provided for. The180
210210 issuance of such revenue bonds shall not directly, indirectly, or contingently obligate this181
211211 state or such county to levy or pledge any form of taxation whatsoever for payment of such182
212212 H. B. 816
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214214 revenue bonds or to make any appropriation for their payment, and all such revenue bonds
215215 183
216216 shall contain recitals on their face covering substantially the foregoing provisions of this184
217217 section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the185
218218 authority and any political subdivision to enter into an intergovernmental contract pursuant186
219219 to which the political subdivision agrees to pay amounts sufficient to pay operating charges187
220220 and other costs of the authority or any project including, without limitation, the principal of188
221221 and interest on revenue bonds in consideration for services or facilities of the authority.189
222222 SECTION 10.190
223223 Trust indenture as security.191
224224 In the discretion of the authority, any issuance of revenue bonds may be secured by a trust192
225225 indenture by and between the authority and a corporate trustee, which may be any trust193
226226 company or bank having the powers of a trust company within or without this state. Either194
227227 the resolution providing for the issuance of the revenue bonds or such trust indenture may195
228228 contain such provisions for protecting and enforcing the rights and remedies of the196
229229 bondholders as may be reasonable and proper and not in violation of law, including197
230230 covenants setting forth the duties of the authority in relation to the acquisition and198
231231 construction of the project, the maintenance, operation, repair, and insuring of the project,199
232232 and the custody, safeguarding, and application of all money.200
233233 SECTION 11.201
234234 Trust indenture as security; remedies of bondholders.202
235235 Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the203
236236 extent that the rights given herein may be restricted by resolution passed before the issuance204
237237 of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action,205
238238 H. B. 816
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240240 mandamus, or other proceedings, protect and enforce any and all rights it may have under
241241 206
242242 the laws of the state, including specifically, but without limitation, the Revenue Bond Law,207
243243 or granted hereunder or under such resolution or trust indenture and may enforce and compel208
244244 performance of all duties required by this Act or by such resolution or trust indenture to be209
245245 performed by the authority or any officer thereof, including the fixing, charging, and210
246246 collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and211
247247 services furnished.212
248248 SECTION 12.213
249249 Trust indenture as security; validation.214
250250 Revenue bonds and the security therefor shall be issued, confirmed, and validated in215
251251 accordance with the provisions of the Revenue Bond Law. The petition for validation shall216
252252 also make any political subdivision of the state party defendant to such action if the political217
253253 subdivision has contracted with the authority for services or facilities relating to the project218
254254 for which revenue bonds are to be issued and sought to be validated, and such defendant shall219
255255 be required to show cause, if any exists, as to why such contract or contracts shall not be220
256256 adjudicated as a part of the basis for the security for the payment of any such revenue bonds. 221
257257 The revenue bonds, when validated, and the judgment of validation shall be final and222
258258 conclusive with respect to such revenue bonds and the security for the payment thereof and223
259259 interest thereon and against the authority and all other defendants.224
260260 SECTION 13.225
261261 To whom proceeds of bonds shall be paid.226
262262 In the resolution providing for the issuance of revenue bonds or in the trust indenture, the227
263263 authority shall provide for the payment of the proceeds of the sale of the revenue bonds to228
264264 H. B. 816
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266266 any officer or person who, or any agency, bank, or trust company which, shall act as trustee
267267 229
268268 of such funds and shall hold and apply the same to the purposes thereof, subject to such230
269269 regulations as this Act and such resolution or trust indenture may provide.231
270270 SECTION 14.232
271271 Venue and jurisdiction.233
272272 Any action to protect or enforce any rights under the provisions of this Act or any suit or234
273273 action against such authority shall be brought in the Superior Court of Greene County, and235
274274 any action pertaining to validation of any revenue bonds issued under the provisions of this236
275275 Act shall likewise be brought in said court which shall have exclusive, original jurisdiction237
276276 of such actions.238
277277 SECTION 15.239
278278 Interest of bondholders protected.240
279279 While any of the revenue bonds issued by the authority remain outstanding, the powers241
280280 duties, or existence of such authority or its officers, employees, or agents shall not be242
281281 diminished or impaired in any manner that will affect adversely the interests and rights of the243
282282 holders of such revenue bonds; and no other entity, department, agency, or authority shall244
283283 be created which will compete with the authority to such an extent as to affect adversely the245
284284 interests and rights of the holders of such revenue bonds, nor shall the state itself so compete246
285285 with the authority. The provisions of this Act shall be for the benefit of the authority and the247
286286 holders of any such revenue bonds, and upon the issuance of such revenue bonds under the248
287287 provisions of this Act, shall constitute a contract with the holders of such revenue bonds.249
288288 H. B. 816
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290290 SECTION 16.
291291 250
292292 Money received considered trust funds.251
293293 All money received pursuant to the authority of this Act, whether as proceeds from the sale252
294294 of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings,253
295295 shall be deemed to be trust funds to be held and applied solely as provided in this Act.254
296296 SECTION 17.255
297297 Purpose of the authority; reversion upon dissolution.256
298298 (a) The authority is created for the purpose of promoting the public good and general welfare257
299299 of the citizens of Greene County, and financing and providing public buildings, facilities,258
300300 equipment, and services within the county, for sale to, lease or sublease to, ownership, or259
301301 operation by the county as otherwise authorized by law.260
302302 (b) Upon the dissolution of the authority, all assets owned by the authority shall become the261
303303 property of the county.262
304304 SECTION 18.263
305305 Rates, charges, and revenues; use.264
306306 The authority is hereby authorized to prescribe and fix rates and to revise the same from time265
307307 to time and to collect revenues, tolls, fees, and charges for the services, facilities, and266
308308 commodities furnished and, in anticipation of the collection of the revenues, to issue revenue267
309309 bonds or other types of obligations as provided in this Act to finance, in whole or in part, the268
310310 costs of the project and to pledge to the punctual payment of said revenue bonds or other269
311311 obligations all or any part of the revenues.270
312312 H. B. 816
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314314 SECTION 19.
315315 271
316316 Rules, regulations, service policies, and procedures for operation of projects.272
317317 It shall be the duty of the authority to prescribe rules, regulations, service policies, and273
318318 procedures for the operation of any project or projects constructed or acquired under the274
319319 provisions of this Act. The authority may adopt bylaws.275
320320 SECTION 20.276
321321 Tort immunity.277
322322 To the extent permitted by law, the authority shall have the same immunity and exemption278
323323 from liability for torts and negligence as Greene County; and the officers, agents, and279
324324 employees of the authority when in the performance of the work of the authority shall have280
325325 the same immunity and exemption from liability for torts and negligence as the officers,281
326326 agents, and employees of Greene County when in the performance of their public duties or282
327327 work of the county.283
328328 SECTION 21.284
329329 Tax exemption.285
330330 The income of the authority, the properties of the authority, both real and personal, and all286
331331 revenue bonds, certificates of participation, notes, and other forms of obligations issued by287
332332 the authority shall be exempt from all state and local taxes and special assessments of any288
333333 kind to the extent permitted by and in accordance with the general laws of the state.289
334334 H. B. 816
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336336 SECTION 22.
337337 290
338338 Effect on other governments.291
339339 This Act shall not and does not in any way take from Greene County or any county or292
340340 municipal corporation the authority to own, operate, and maintain public facilities or to issue293
341341 revenue bonds as provided by the Revenue Bond Law.294
342342 SECTION 23.295
343343 Liberal construction of Act.296
344344 This Act, being for the welfare of various political subdivisions of this state and its297
345345 inhabitants, shall be liberally construed to effect the purposes hereof.298
346346 SECTION 24.299
347347 Severability; effect of partial invalidity of Act.300
348348 The provisions of this Act are severable, and if any of its provisions shall be held301
349349 unconstitutional by any court of competent jurisdiction, the decision of such court shall not302
350350 affect or impair any of the remaining provisions.303
351351 SECTION 25.304
352352 Effective date.305
353353 This Act shall become effective upon its approval by the Governor or upon its becoming law306
354354 without such approval.307
355355 H. B. 816
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357357 SECTION 26.
358358 308
359359 General repealer.309
360360 All laws and parts of laws in conflict with this Act are repealed. 310
361361 H. B. 816
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