25 LC 62 0159/AP
House Bill 816 (AS PASSED HOUSE AND SENATE)
By: Representative Rhodes of the 124
th
A BILL TO BE ENTITLED
AN ACT
To create the Greene County Public Facilities Authority and to provide for the appointment
1
of members of the authority; to provide for a short title; to confer powers upon the authority;2
to provide for purpose and scope of operations of the authority; to provide for definitions;3
to authorize the issuance of revenue bonds of the authority; to fix and provide the venue and4
jurisdiction of actions; to provide for moneys received and trust funds; to provide for tort5
immunity; to provide for tax exemption, rates, charges, and revenues; to provide for effect6
on other governments; to provide for construction of Act and severability; to provide for7
related matters; to provide for an effective date; to repeal conflicting laws; and for other8
purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Short title.12
This Act shall be known and may be cited as the "Greene County Public Facilities Authority13
Act."14
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SECTION 2.
15
Greene County Public Facilities Authority.16
(a) There is hereby created a public body corporate and politic to be known as the "Greene17
County Public Facilities Authority," which shall be deemed to be a political subdivision of18
the state and a public corporation, and by that name, style, and title such body may contract19
and be contracted with, sue and be sued, implead and be impleaded, and complain and defend20
in all courts of law and equity. The authority shall have perpetual existence.21
(b) The authority shall consist of five members who shall be appointed by the Board of22
Commissioners of Greene County. Members of the Board of Commissioners of Greene23
County may be appointed to the authority. With respect to initial appointments, each24
member of the Board of Commissioners, including the chairperson, shall nominate an25
individual for appointment to the authority. Commissioners may nominate themselves. Each26
initial nominee appointed to the authority shall serve contemporaneously with the term of the27
nominating commissioner, with such term expiring at the end of the existing term of the28
commissioner. Thereafter, all members shall be appointed for terms of four years and until29
their successors are appointed and qualified. Immediately after such appointments, the30
members of the authority shall enter upon their duties. To be eligible for appointment as a31
member of the authority, a person shall be at least 21 years of age and a resident of Greene32
County, Georgia, for at least two years prior to the date of his or her appointment and shall33
not have been convicted of a felony. Any member of the authority may be selected and34
appointed to succeed himself or herself. 35
(c) The members shall not be compensated for their services; provided, however, that such36
members shall be reimbursed for their actual expenses necessarily incurred in the37
performance of their duties.38
(d) The members of the authority shall elect one of their number as chairperson and another39
as vice chairperson. The members of the authority shall also elect a secretary, who need not40
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be a member of the authority, and may also elect a treasurer, who need not be a member of
41
the authority. The secretary may also serve as treasurer. If the secretary and treasurer are42
not members of the authority, such officers shall have no voting rights; and each shall serve43
for a period of one year and until their successors are duly elected and qualified.44
(e) Three members of the authority shall constitute a quorum. No vacancy on the authority45
shall impair the right of the quorum to exercise all of the rights and perform all of the duties46
of the authority.47
SECTION 3.48
Definitions.49
As used in this Act, the term:50
(1) "Authority" means the Greene County Public Facilities Authority created by this Act.51
(2) "Costs of the project" means and embraces the cost of construction; the cost of all52
lands, properties, rights, easements, and franchises acquired; the cost of all machinery and53
equipment; financing charges; interest prior to and during construction and for six months54
after completion of construction; the cost of engineering, architectural, fiscal agents'55
expenses, legal expenses, plans and specifications, and other expenses necessary or56
incidental to determining the feasibility or practicability of the project; administrative57
expenses and such other expenses as may be necessary or incidental to the financing58
authorized in this Act; working capital; and all other costs necessary to acquire, construct,59
add to, extend, improve, equip, operate, and maintain the project.60
(3) "County" means Greene County, Georgia.61
(4) "Project" means all buildings, facilities, and equipment necessary or convenient for62
the efficient operation of the county or any department, agency, division, or commission63
thereof, the Greene County School District, any municipal corporation within the county,64
and any undertaking permitted by the Revenue Bond Law.65
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(5) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the
66
"Revenue Bond Law."67
(6) "Revenue bonds" means revenue bonds authorized to be issued pursuant to the68
Revenue Bond Law.69
(7) "Self-liquidating" means any project from which the revenues and earnings to be70
derived by the authority therefrom, including, but not limited to, any contractual71
payments with governmental or private entities, and all properties used, leased, and sold72
in connection herewith, together with any grants, will be sufficient to pay the costs of73
operating, maintaining, and repairing the project and to pay the principal and interest on74
the revenue bonds or other obligations which may be issued for the purpose of paying the75
costs of the project.76
(8) "State" means the State of Georgia.77
SECTION 4.78
Powers.79
The authority shall have the power:80
(1) To have a seal and alter the same at its pleasure;81
(2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate,82
maintain, lease, and dispose of real and personal property of every kind and character for83
its corporate purposes;84
(3) To acquire in its own name by purchase on such terms and conditions and in such85
manner as it may deem proper or by condemnation in accordance with the provisions of86
any and all existing laws applicable to the condemnation of property for public use, real87
property, or rights or easements therein, or franchises necessary or convenient for its88
corporate purposes; to use the same so long as its corporate existence shall continue; and89
to lease or make contracts with respect to the use of or disposal of the same in any90
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manner it deems to the best advantage of the authority. The authority shall be under no
91
obligation to accept and pay for any property condemned under this Act except from the92
funds provided under the authority of this Act. In any proceedings to condemn, such93
orders may be made by the court having jurisdiction of the suit, action, or proceedings94
as may be just to the authority and to the owners of the property to be condemned. No95
property shall be acquired under the provisions of this Act upon which any lien or96
encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of97
money is to be deposited in trust to pay and redeem the fair value of such lien or98
encumbrance;99
(4) To appoint, select, and employ officers, agents, and employees, including100
engineering, architectural, and construction experts, fiscal agents, and attorneys, and to101
fix their respective compensations;102
(5) To execute contracts, leases, installment sale agreements, and other agreements and103
instruments necessary or convenient in connection with the acquisition, construction,104
addition, extension, improvement, equipping, operation, or maintenance of a project; and105
any and all persons, firms, corporations, and Greene County are hereby authorized to106
enter into contracts, leases, installment sale agreements, and other agreements or107
instruments with the authority upon such terms and for such purposes as they deem108
advisable and as they are authorized by law;109
(6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease,110
and dispose of projects;111
(7) To pay the costs of the project with the proceeds of revenue bonds or other112
obligations issued by the authority or from any grant or contribution from the United113
States or any agency or instrumentality thereof or from this state or any agency or any114
instrumentality or other political subdivision thereof or from any other source115
whatsoever;116
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(8) To accept loans or grants of money, materials, or property of any kind from the
117
United States or any agency or instrumentality thereof, upon such terms and conditions118
as the United States or such agency or instrumentality may require;119
(9) To accept loans or grants of money, materials, or property of any kind from this state120
or any agency or instrumentality or political subdivision or municipal corporation thereof,121
upon such terms and conditions as this state or such agency or instrumentality or political122
subdivision or municipal corporation may require;123
(10) To borrow money for any of its corporate purposes, to issue revenue bonds, notes124
and other forms of obligation, deeds to secure debt, security agreements, and other125
instruments as may be necessary or convenient to evidence and secure such borrowing,126
and to provide for the payment of the same and for the rights of the holders thereof;127
(11) To exercise any power usually possessed by private corporations performing similar128
functions, including the power to incur short-term debt and to approve, execute, and129
deliver appropriate evidence of any such indebtedness;130
(12) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the131
manner in which its business is transacted;132
(13) To prescribe rules, regulations, service policies, and procedures for the operation133
of any project; and134
(13) To do all things necessary or convenient to carry out the powers expressly given in135
this Act.136
SECTION 5.137
Revenue bonds.138
The authority, or any authority or body which has or which may in the future succeed to the139
powers, duties, and liabilities vested in the authority created by this Act, shall have power140
and is authorized, pursuant to the Revenue Bond Law, to provide by resolution for the141
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issuance of revenue bonds of the authority for the purpose of paying all or any part of the
142
costs of a project and for the purpose of refunding revenue bonds or other obligations143
previously issued. Revenue bonds shall be undertaken, issued, priced, validated, sold, paid,144
redeemed, refunded, secured, and replaced in accordance with the provisions of the Revenue145
Bond Law. The principal and interest on revenue bonds shall be payable solely from the146
revenues and properties pledged to the payment of such bonds. Revenue bonds issued by the147
authority shall contain terms the authority determines are in the best interest of the authority,148
provided no revenue bonds shall have a maturity exceeding 40 years.149
SECTION 6.150
Revenue bonds; signatures; seal.151
All revenue bonds shall bear the manual or facsimile signature of the chairperson or vice152
chairperson of the authority and the attesting manual or facsimile signature of the secretary153
or treasurer of the authority, and the official seal of the authority shall be impressed or154
imprinted thereon. Any revenue bonds may bear the manual or facsimile signature of such155
persons as at the actual time of execution of the revenue bonds shall be duly authorized or156
hold the proper office, although at the date of issuance of the revenue bonds the person may157
not have been authorized or held the office. In case any officer whose signature appears on158
any revenue bonds ceases to be an officer before the delivery of the bonds, the signature shall159
be valid and sufficient for all purposes, as if the officer had remained in office until delivery.160
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SECTION 7.
161
Revenue bonds; negotiability; exemption from taxation.162
All revenue bonds shall have, and are declared to have, all the qualities and incidents of163
negotiable instruments under the laws of this state. All revenue bonds and their transfer and164
income shall be exempt from all taxation within the state.165
SECTION 8.166
Revenue bonds; conditions precedent to issuance.167
The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the168
resolution, the authority shall determine that the project financed with the proceeds of such169
revenue bonds is self-liquidating. Revenue bonds may be issued without any other170
proceedings or the happening of any other conditions or things other than those proceedings,171
conditions, and things which are specified or required by this Act. Any resolution providing172
for the issuance of revenue bonds under the provisions of this Act shall become effective173
immediately upon its passage and need not be published or posted, and any such resolution174
may be passed at any regular, special, or adjourned meeting of the authority.175
SECTION 9.176
Credit not pledged.177
Revenue bonds of the authority shall not be deemed to constitute a debt of Greene County178
or the State of Georgia, nor a pledge of the faith and credit of this state or such county, but179
such revenue bonds shall be payable solely from the fund hereinafter provided for. The180
issuance of such revenue bonds shall not directly, indirectly, or contingently obligate this181
state or such county to levy or pledge any form of taxation whatsoever for payment of such182
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revenue bonds or to make any appropriation for their payment, and all such revenue bonds
183
shall contain recitals on their face covering substantially the foregoing provisions of this184
section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the185
authority and any political subdivision to enter into an intergovernmental contract pursuant186
to which the political subdivision agrees to pay amounts sufficient to pay operating charges187
and other costs of the authority or any project including, without limitation, the principal of188
and interest on revenue bonds in consideration for services or facilities of the authority.189
SECTION 10.190
Trust indenture as security.191
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust192
indenture by and between the authority and a corporate trustee, which may be any trust193
company or bank having the powers of a trust company within or without this state. Either194
the resolution providing for the issuance of the revenue bonds or such trust indenture may195
contain such provisions for protecting and enforcing the rights and remedies of the196
bondholders as may be reasonable and proper and not in violation of law, including197
covenants setting forth the duties of the authority in relation to the acquisition and198
construction of the project, the maintenance, operation, repair, and insuring of the project,199
and the custody, safeguarding, and application of all money.200
SECTION 11.201
Trust indenture as security; remedies of bondholders.202
Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the203
extent that the rights given herein may be restricted by resolution passed before the issuance204
of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action,205
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mandamus, or other proceedings, protect and enforce any and all rights it may have under
206
the laws of the state, including specifically, but without limitation, the Revenue Bond Law,207
or granted hereunder or under such resolution or trust indenture and may enforce and compel208
performance of all duties required by this Act or by such resolution or trust indenture to be209
performed by the authority or any officer thereof, including the fixing, charging, and210
collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and211
services furnished.212
SECTION 12.213
Trust indenture as security; validation.214
Revenue bonds and the security therefor shall be issued, confirmed, and validated in215
accordance with the provisions of the Revenue Bond Law. The petition for validation shall216
also make any political subdivision of the state party defendant to such action if the political217
subdivision has contracted with the authority for services or facilities relating to the project218
for which revenue bonds are to be issued and sought to be validated, and such defendant shall219
be required to show cause, if any exists, as to why such contract or contracts shall not be220
adjudicated as a part of the basis for the security for the payment of any such revenue bonds. 221
The revenue bonds, when validated, and the judgment of validation shall be final and222
conclusive with respect to such revenue bonds and the security for the payment thereof and223
interest thereon and against the authority and all other defendants.224
SECTION 13.225
To whom proceeds of bonds shall be paid.226
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the227
authority shall provide for the payment of the proceeds of the sale of the revenue bonds to228
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any officer or person who, or any agency, bank, or trust company which, shall act as trustee
229
of such funds and shall hold and apply the same to the purposes thereof, subject to such230
regulations as this Act and such resolution or trust indenture may provide.231
SECTION 14.232
Venue and jurisdiction.233
Any action to protect or enforce any rights under the provisions of this Act or any suit or234
action against such authority shall be brought in the Superior Court of Greene County, and235
any action pertaining to validation of any revenue bonds issued under the provisions of this236
Act shall likewise be brought in said court which shall have exclusive, original jurisdiction237
of such actions.238
SECTION 15.239
Interest of bondholders protected.240
While any of the revenue bonds issued by the authority remain outstanding, the powers241
duties, or existence of such authority or its officers, employees, or agents shall not be242
diminished or impaired in any manner that will affect adversely the interests and rights of the243
holders of such revenue bonds; and no other entity, department, agency, or authority shall244
be created which will compete with the authority to such an extent as to affect adversely the245
interests and rights of the holders of such revenue bonds, nor shall the state itself so compete246
with the authority. The provisions of this Act shall be for the benefit of the authority and the247
holders of any such revenue bonds, and upon the issuance of such revenue bonds under the248
provisions of this Act, shall constitute a contract with the holders of such revenue bonds.249
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SECTION 16.
250
Money received considered trust funds.251
All money received pursuant to the authority of this Act, whether as proceeds from the sale252
of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings,253
shall be deemed to be trust funds to be held and applied solely as provided in this Act.254
SECTION 17.255
Purpose of the authority; reversion upon dissolution.256
(a) The authority is created for the purpose of promoting the public good and general welfare257
of the citizens of Greene County, and financing and providing public buildings, facilities,258
equipment, and services within the county, for sale to, lease or sublease to, ownership, or259
operation by the county as otherwise authorized by law.260
(b) Upon the dissolution of the authority, all assets owned by the authority shall become the261
property of the county.262
SECTION 18.263
Rates, charges, and revenues; use.264
The authority is hereby authorized to prescribe and fix rates and to revise the same from time265
to time and to collect revenues, tolls, fees, and charges for the services, facilities, and266
commodities furnished and, in anticipation of the collection of the revenues, to issue revenue267
bonds or other types of obligations as provided in this Act to finance, in whole or in part, the268
costs of the project and to pledge to the punctual payment of said revenue bonds or other269
obligations all or any part of the revenues.270
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SECTION 19.
271
Rules, regulations, service policies, and procedures for operation of projects.272
It shall be the duty of the authority to prescribe rules, regulations, service policies, and273
procedures for the operation of any project or projects constructed or acquired under the274
provisions of this Act. The authority may adopt bylaws.275
SECTION 20.276
Tort immunity.277
To the extent permitted by law, the authority shall have the same immunity and exemption278
from liability for torts and negligence as Greene County; and the officers, agents, and279
employees of the authority when in the performance of the work of the authority shall have280
the same immunity and exemption from liability for torts and negligence as the officers,281
agents, and employees of Greene County when in the performance of their public duties or282
work of the county.283
SECTION 21.284
Tax exemption.285
The income of the authority, the properties of the authority, both real and personal, and all286
revenue bonds, certificates of participation, notes, and other forms of obligations issued by287
the authority shall be exempt from all state and local taxes and special assessments of any288
kind to the extent permitted by and in accordance with the general laws of the state.289
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SECTION 22.
290
Effect on other governments.291
This Act shall not and does not in any way take from Greene County or any county or292
municipal corporation the authority to own, operate, and maintain public facilities or to issue293
revenue bonds as provided by the Revenue Bond Law.294
SECTION 23.295
Liberal construction of Act.296
This Act, being for the welfare of various political subdivisions of this state and its297
inhabitants, shall be liberally construed to effect the purposes hereof.298
SECTION 24.299
Severability; effect of partial invalidity of Act.300
The provisions of this Act are severable, and if any of its provisions shall be held301
unconstitutional by any court of competent jurisdiction, the decision of such court shall not302
affect or impair any of the remaining provisions.303
SECTION 25.304
Effective date.305
This Act shall become effective upon its approval by the Governor or upon its becoming law306
without such approval.307
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SECTION 26.
308
General repealer.309
All laws and parts of laws in conflict with this Act are repealed. 310
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