25 LC 47 3300
Senate Bill 206
By: Senators Summers of the 13th and Tillery of the 19th
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To create the South Georgia Energy Authority; to provide for a short title; to provide for
1
definitions; to provide for purpose; to provide for members of the Authority and meetings;2
to provide for powers of the Authority; to authorize the issuance of revenue bonds of the3
Authority; to provide for funds received and trust funds; to provide for venue and4
jurisdiction; to provide for imposition of rates, charges, fees, and the pledge of revenues; to5
provide for tax exemption of Authority property; to provide for tort immunity; to provide6
contracting requirements; to provide for supplemental powers; to deny taxing powers; to7
provide for construction and severability; to provide for related matters; to repeal conflicting8
laws; and for other 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 "South Georgia Energy Authority Act."13
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SECTION 2.
14
South Georgia Energy Authority; creation.15
There is hereby created a public body corporate and politic to be known as the "South16
Georgia Energy Authority," which shall be a political subdivision of the State of Georgia,17
an instrumentality of the State of Georgia, and a public corporation performing an essential18
government function, and by that name, style, and title such body may contract and be19
contracted with, sue and be sued, implead and be impleaded, and complain and defend in all20
courts of law and equity. The Authority, however, shall not be a State institution nor a21
department or agency of the State but shall be an instrumentality of the State, a mere creature22
of the State, being a distinct corporate entity and being exempt from Article 2 of23
O.C.G.A. 50-17. The Authority shall have perpetual existence. All property owned by such24
corporation shall be public property held and owned for governmental purposes and shall be25
exempt from taxation as provided by law.26
SECTION 3.27
Definitions.28
As used in this Act, the following words and terms shall have the following meanings unless29
the context clearly indicates otherwise:30
(1) "Authority" means the South Georgia Energy Authority created in this Act.31
(2) "Cities" means, collectively, the City of Ashburn, Georgia, the City of Douglas,32
Georgia, the City of Fitzgerald, Georgia, the City of Ocilla, Georgia, and the City of33
Tifton, Georgia.34
(3) "Cost of the project" or "cost of construction" means all costs of construction; all35
costs of real and personal property required for the purpose of such project and facilities36
related thereto, including land and any leases, rights or undivided interests therein,37
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easements, franchises, water rights, fees, permits, approvals, licenses, and certificates,
38
and the securing of such permits, approvals, licenses, and certificates and the preparation39
of applications therefor, and including all machinery and equipment, including equipment40
for use in connection with such construction; financing charges; working capital; interest41
prior to and during construction and during such additional period as the Authority may42
determine; operating expenses during such period as the Authority may determine; costs43
of engineering, architectural, and legal services; costs of plans and specifications and all44
expenses necessary or incidental to determining the feasibility or practicability of the45
project; costs of insurance or of self-insuring any project; administrative expenses;46
amounts payable under any judgment against the Authority; disposal costs; all costs47
associated with acquiring contract rights or other contractual arrangements for the48
short-term or long-term provisions of gas supplies, including reserves, transmission,49
storage, peaking, or other services associated therewith, including prepayments for such;50
and such other expenses as may be necessary or incidental to the financing herein51
authorized. All funds paid or advanced for any of the purposes mentioned in this52
paragraph by political subdivisions contracting with the Authority prior to the issuance53
of any of the Authority's bonds or notes may be refunded to such political subdivisions54
out of the proceeds of any bonds or notes so issued. The costs of any project may also55
include a fund or funds for the creation of a debt service reserve, a renewal and56
replacement reserve, and such other reserves as may be reasonably required by the57
Authority for the operation of its projects and as may be authorized by any bond58
resolution or trust agreement or indenture pursuant to the provisions of which the59
issuance of any such bonds may be authorized. Any obligation or expense incurred for60
any of the purposes mentioned in this paragraph shall be regarded as a part of the cost of61
the project and may be paid or reimbursed as such out of the proceeds of revenue bonds62
or notes issued under the provision of this Act for such project. The term "cost of the63
project" is intended to include all costs associated with acquiring contract rights or other64
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contractual arrangements for the short-term or long-term provision of gas supplies,
65
including reserves, transmission, storage, peaking, or other services associated therewith,66
including prepayments for such and any hedging or similar agreements.67
(4) "Gas" means either natural or synthetic gas, including propane, manufactured,68
methane from coal beds, geothermal gas, or any mixture thereof, whether in gaseous or69
liquid form, or any byproduct resulting therefrom.70
(5) "Project," "undertaking," or "facility" means any plant, works, system, facility, and71
real and personal property of any nature whatsoever, together with all parts thereof and72
appurtenances hereto, and any contract rights, relating to the storage, acquisition,73
exploration, production, distribution, enrichment, transmission, purchase, sale, exchange,74
or interchange of gas and relating to the acquisition, extraction, conversion,75
transportation, storage, or reprocessing of fuel of any kind for any such purposes, or any76
interest in, or right to the use, services, enrichment, output, or capacity of any such plant,77
works, system, or facilities so as to assure an adequate natural gas distribution or78
transmission system deemed by the Authority necessary or convenient for the efficient79
operation of such type of project or undertaking. "Project" or "undertaking" as used in80
this paragraph is intended to include acquiring contract rights and other contractual81
arrangements for the short-term or long-term provision of gas supplies, as well as tangible82
property.83
(6) "Revenue bonds" and "bonds," as used in this Act, means revenue bonds as defined84
and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the85
"Revenue Bond Law," as amended, and such type of obligations may be issued by the86
Authority as authorized under the "Revenue Bond Law" and, in addition, shall also mean87
obligations of the Authority, the issuance of which are hereinafter specifically provided88
for in this Act.89
(7) "State" means the State of Georgia.90
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SECTION 4.
91
Purpose.92
Without limiting the generality of any provisions of this Act, the general purpose of the93
Authority is declared to be that of effecting projects that benefit the Cities, including, without94
limitation, acquiring an adequate source or sources of natural gas and thereafter the95
transmission and distribution of same to the natural gas utilities of the Cities; but such96
general purpose shall not restrict the Authority from selling and delivering natural gas97
directly to consumers in those areas regardless of whether any county or any municipality98
deems it desirable or feasible to furnish natural gas.99
SECTION 5.100
Members.101
(a) The Authority shall be governed by a board that shall consist of eight members, who102
shall be determined and selected as follows:103
(1) The Mayor or a person appointed by the Mayor of the City of Ashburn, Georgia;104
(2) The Mayor or a person appointed by the Mayor of the City of Douglas, Georgia;105
(3) The Mayor or a person appointed by the Mayor of the City of Fitzgerald, Georgia;106
(4) The Mayor or a person appointed by the Mayor of the City of Ocilla, Georgia;107
(5) The Mayor or a person appointed by the Mayor of the City of Tifton, Georgia; and108
(6) Three members appointed by majority vote of the members provided for by109
paragraphs (1) through (5) of this subsection, provided that any person appointed110
pursuant to this paragraph shall have at least three years of experience in the field of111
economic development.112
(b)(1) If a member appointed pursuant to paragraphs (1) through (5) of subsection (a) of113
this section is a mayoral appointee, such member shall serve at the pleasure of his or her114
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appointing authority and each appointing authority shall have the right and authority to
115
remove its appointee from the Authority and to appoint replacements as may be required116
to fill vacancies.117
(2) The members appointed pursuant to paragraph (6) of subsection (a) of this section may118
be removed at any time by majority vote of the remaining board members. The members119
appointed pursuant to paragraphs (1) through (5) of this subsection shall appoint a qualified120
person to fill any vacancy created pursuant to this paragraph.121
(c) The terms of members of the Authority who are serving by nature of being a mayor of122
one of the Cities shall be concurrent with the elected terms of office of such mayor. The123
terms of members of the Authority who are serving as appointees of a mayor or pursuant to124
paragraph (6) of subsection (a) of this section shall be four years from the date of such125
member's appointment.126
(d) No person shall hold the office of the Authority member if that person is ineligible for127
such office pursuant to O.C.G.A. ยง 45-2-1 or any other general law.128
(e) Five members of the Authority shall constitute a quorum, and no vacancy on the129
Authority shall impair the right of the quorum to exercise all the rights and perform all the130
duties of the Authority and, in every instance, a majority vote of a quorum shall authorize131
any legal act of the Authority, including all things necessary to authorize and issue revenue132
bonds.133
(f) The Authority shall elect one of its members as chairman and another as vice chairman,134
and shall elect a secretary-treasurer and an assistant secretary-treasurer, each of whom shall135
be elected from the membership of the Authority. Such officers shall serve for such terms136
as shall be prescribed by the resolution of the Authority or until their successors are elected137
and qualified.138
(g) The members of the Authority shall serve without compensation; provided, however, that139
the members shall be reimbursed for all actual, reasonable, and necessary expenses incurred140
in the performance of their duties. No reimbursement or payment shall be made by the141
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Authority for travel, meal, or entertainment expenses for members of the Authority unless
142
on each occasion the incurring of such expenses for the same are approved in advance by the143
Authority at one of its public meetings.144
SECTION 6.145
General powers.146
The Authority shall have all the powers necessary or convenient to carry out and effectuate147
the purpose and provisions of this Act, including, but without limiting the generality of the148
foregoing, the power:149
(1) To provide natural gas transmission and distribution services to the natural gas150
utilities of the Cities;151
(2) To sue and be sued and to complain and defend in all courts of law and equity;152
(3) To have a seal and alter the same at pleasure;153
(4) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real154
and personal property of every kind and character for its corporate purposes;155
(5) To acquire in its own name by purchase, on such terms and conditions and in such156
manner as it may deem proper, or by condemnation in accordance with the provisions of157
any and all existing laws applicable to the condemnation of property for public use, real158
property or rights of easements therein or franchises necessary or convenient for its159
corporate purposes, and to use the same so long as its corporate existence shall continue160
and to lease or make contracts with respect to the use of or dispose of the same in any161
manner it deems to the best advantage of the Authority, the Authority being under no162
obligation to accept and pay for any property condemned under this Act except from the163
funds provided under the authority of this Act, and in any proceedings to condemn, such164
orders may be made by the court having jurisdiction of the suit, action or proceedings as165
may be just to the Authority and to the owners of the property to be condemned, and no166
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property shall be acquired under the provision of this Act on which any lien or other
167
encumbrance exists, unless at the time such property is so acquired a sufficient sum of168
money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;169
(6) To appoint, select, and employ officers, agents, and employees, including170
engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix171
their respective compensations;172
(7) To make contracts and leases and to execute all instruments necessary or convenient,173
including contracts for construction of projects and leases of projects or contracts with174
respect to the use of projects which it causes to be erected or acquired, and any and all175
persons, firms, and corporations and any and all political subdivisions, departments,176
institutions, or agencies of the State are hereby authorized to enter into contracts, leases,177
or agreements with the Authority upon such terms and for such purposes as they deem178
advisable; and without limiting the generality of the above, the authority is specifically179
granted to municipal corporations and counties and to the Authority to enter into180
contracts, lease agreements, or other undertakings relative to the furnishing of natural gas181
and related services and facilities by the Authority to such municipal corporations and182
counties for a term not exceeding 50 years. This power includes the making of contracts183
for the construction of projects, which contracts for construction may be made either as184
sole owner of the project or as owner, in common with other public or private persons,185
of any divided or undivided interest therein; and is further intended to include, without186
limitation, the making of contracts for the purchase, sale, exchange, interchange, pooling,187
transmission, distribution, or storage of gas and fuel of any kind for any such purposes,188
inside and outside the State of Georgia, in such amounts as it shall determine to be189
necessary and appropriate to make the most effective use of its powers and to meet its190
responsibilities, on such terms and for such period of time, not exceeding 50 years, as the191
Authority shall determine; and is further intended to include, without limitation, the192
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making of contracts for furnishing gas supply, development services, and management
193
services to political subdivisions contracting with the Authority;194
(8) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve,195
equip, operate, and manage projects, as hereinabove defined; the cost of any such project196
to be paid in whole or in part from the proceeds of revenue bonds of the Authority or197
from such proceeds and any grant from the United States of America or any agency or198
instrumentality thereof;199
(9) To accept, receive, and administer gifts, grants, appropriations, donations of money,200
materials, and property of any kind, including loans and grants from the United States of201
America or the State of Georgia or any agency or instrumentality thereof, upon such202
terms and conditions as the United States of America, the State of Georgia, or such203
agency or instrumentality may impose;204
(10) To borrow money for any of its corporate purposes and to issue revenue bonds as205
hereinafter provided in evidence of its indebtedness incurred with respect to the powers206
above described payable from the revenues, receipts, and earnings of the projects of the207
Authority and other available funds thereof; to execute trust agreements or indentures;208
to sell, convey, pledge, and assign any and all of its funds, assets, property, and income209
as security for the payment of such revenue bonds and to provide payment of the same210
and for the rights of the owners thereof;211
(11) To invest any accumulation of its funds and any sinking funds or reserves in any212
manner that public funds of the State of Georgia or its political subdivisions may be213
invested and to purchase its own bonds and notes; and214
(12) To do any and all things necessary or proper for the accomplishment of the215
objectives of this Act and any amendments hereto and to exercise any power usually216
possessed by private corporations performing similar functions which is not in conflict217
with the Constitution and laws of this State, including employment of professional and218
administrative staff and personnel and retaining of legal, engineering, and other219
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professional services, the purchasing of all kinds of insurance including, without
220
limitation, insurance against tort liability and against risks of damage to property,221
including the power to borrow money for any of the corporate purposes of the Authority;222
provided, however, that obligations of the Authority other than revenue bonds, for which223
provision is herein made, shall be payable from the general funds of the Authority and224
shall not be a charge against any special fund allocated to the payment of revenue bonds,225
and including the power to indemnify and hold harmless any parties contracting with the226
Authority or its agents from damage to person or property and the power to act as227
self-insurer with respect to any loss or liability.228
SECTION 7.229
Revenue bonds.230
The Authority shall have power and is authorized, pursuant to the Revenue Bond Law, to231
provide by resolution for the issuance of revenue bonds of the Authority for the purpose of232
paying all or any part of the costs of a project and for the purpose of refunding revenue bonds233
or other obligations previously issued. Revenue bonds shall be undertaken, issued, priced,234
validated, sold, paid, redeemed, refunded, secured, and replaced in accordance with the235
provisions of the Revenue Bond Law. The principal of and interest on such revenue bonds236
shall be payable solely from such part of the revenues and earnings of a project or projects237
as may be designated in the resolution of the Authority authorizing the issuance of such238
revenue bonds.239
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SECTION 8.
240
Revenue bonds; conditions precedent to issuance.241
The Authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the242
resolution, the Authority may determine that the project financed with the proceeds of such243
revenue bonds is self-liquidating. Revenue bonds may be issued without any other244
proceedings or the happening of any other conditions or things other than those proceedings,245
conditions, and things which are specified or required by this Act. Any resolution providing246
for the issuance of revenue bonds under the provisions of this Act shall become effective247
immediately upon its passage and need not be published or posted, and any such resolution248
may be passed at any regular, special, or adjourned meeting of the Authority by a majority249
of its members present and voting.250
SECTION 9.251
Credit not pledged.252
Neither the revenue bonds nor notes issued under provisions of this Act nor the instruments253
evidencing the obligations which constitute the security therefor shall constitute a debt or a254
loan or pledge of the faith and credit of the State of Georgia or of any political subdivision255
thereof, other than the Authority, but such bonds and notes shall be payable from the256
revenues of the Authority as provided in the resolutions or trust agreements or indentures257
authorizing or securing the issuance and payment of such bonds or notes. The issuance of258
such bonds or notes shall not obligate the State or any political subdivision thereof, other259
than the Authority, nor shall any such bond or note constitute a charge, lien, or encumbrance,260
legal or equitable, upon any such property. Notwithstanding the foregoing provisions, this261
Act shall not affect the ability of the Authority and a political subdivision or municipal262
corporation of the State from entering into an intergovernmental contract pursuant to which263
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the political subdivision or municipal corporation agrees to pay amounts sufficient to pay
264
operating charges and other costs of the Authority or any project, including, without265
limitation, the principal of and interest on revenue bonds, in consideration for services or266
facilities of the Authority.267
SECTION 10.268
Revenue bonds; trust indenture as security.269
In the discretion of the Authority, any issue of revenue bonds may be secured by a trust270
agreement or indenture made by the Authority with a corporate trustee which may be any271
trust company or bank having the powers of a trust company within or without the State.272
Such trust agreement or indenture may pledge or assign all revenues, receipts, and earnings273
to be received by the Authority and any proceeds which may be derived from the disposition274
of any real or personal property of the Authority or proceeds of insurance carried thereon.275
The resolution providing for the issuance of revenue bonds and such trust agreement or276
indenture may contain provisions for protecting and enforcing the rights and remedies of the277
bond owners, including the right of appointment of a receiver upon default in the payment278
of any principal or interest obligation and the right of any receiver or trustee to enforce279
collection of contractual rights, rates, fees, tolls, charges, or revenues for the use of the280
services or facilities of the project necessary to pay all costs of operation and all reserves281
provided for, the principal of and interest on all bonds in the issue, all costs of collection, and282
all other costs reasonably necessary to accomplish the collection of such sums in the event283
of any default of the Authority. Such resolution and trust agreement or indenture may284
include covenants setting forth the duties of the Authority in relation to the acquisition of285
property for and construction of the project and to the custody, safeguarding, and application286
of all funds of the Authority, including any proceeds derived from the disposition of any real287
or personal property of the Authority or proceeds of insurance carried thereon, and covenants288
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providing for the operation, maintenance, repair, and insurance of the project and may
289
contain provisions concerning the conditions, if any, upon which additional bonds may be290
issued. Such resolution and trust agreement or indenture may set forth the rights and291
remedies of the bond owners and of the trustee and may restrict the individual right of action292
of any bond owner as is customary in securing bonds and debentures of corporations and293
may contain such other provisions as the Authority may deem reasonable and proper for the294
security of the bond owners. All expenses incurred in carrying out such trust may be treated295
as part of the cost of maintenance, operation, and repair of the project affected by such trust. 296
SECTION 11.297
Revenue bonds; interest rate or rates; negotiability; exemption from taxes.298
All revenue bonds shall have and are hereby declared to have all the qualities and incidents299
of negotiable instruments under the laws of the State. The interest rate or rates to be borne300
by any revenue bonds or other obligations of the Authority shall be fixed by the board of the301
Authority. Any limitations with respect to interest rates found in Article 3 of Chapter 82 of302
Title 36 of the O.C.G.A. or the usury laws of this State shall not apply to revenue bonds303
issued under this Act. All revenue bonds, their transfer, and the income therefrom shall be304
exempt from all taxation within the State.305
SECTION 12.306
Trust indenture as security; remedies of bondholders.307
Any owner of revenue bonds and the trustee under the trust indenture, if any, except to the308
extent that the rights given herein may be restricted by resolution passed before the issuance309
of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action,310
mandamus, or other proceedings, protect and enforce any and all rights it may have under311
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the laws of the State, including specifically, but without limitation, the Revenue Bond Law,
312
or granted hereunder or under such resolution or trust indenture and may enforce and compel313
performance of all duties required by this Act or by such resolution or trust indenture to be314
performed by the Authority or any officer thereof, including the fixing, charging, and315
collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and316
services furnished, and the enforcement of any contract.317
SECTION 13.318
To whom proceeds of bonds shall be paid.319
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the320
Authority shall provide for the payment of the proceeds of the sale of the revenue bonds to321
any officer or person who, or any agency, bank, or trust company which, shall act as trustee322
of such funds and shall hold and apply the same to the purposes thereof, subject to such323
regulations as this Act and such resolution or trust indenture may provide.324
SECTION 14.325
Sinking fund.326
All or any part of the gross or net revenues and earnings derived from any particular project327
or projects and any and all revenues and earnings received by the Authority, regardless of328
whether or not such revenues and earnings were produced by a particular project for which329
bonds have been issued, may be pledged by the Authority to the payment of the principal of330
and interest on revenue bonds of the Authority as may be provided in any resolution331
authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds.332
Such funds so pledged, from whatever source received, may include funds received from one333
or more or all sources and may be set aside at regular intervals into a sinking fund for which334
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provision may be made in any such resolution or trust instrument, which sinking funds may
335
be pledged to and charged with the payment of:336
(1) The interest upon such revenue bonds as such interest shall become due;337
(2) The principal of the bonds as the same shall mature;338
(3) The necessary charges of any trustee or paying agent or registrar for such bonds; and339
(4) Any premium upon bonds retired upon call or purchase.340
The use and disposition of any sinking fund may be subject to such regulations for which341
provisions may be made in the resolution authorizing the issuance of the bonds or in the trust342
instrument or indenture, but, except as may otherwise be provided in such resolution or trust343
instrument or indenture, such sinking fund shall be maintained as a trust account for the344
benefit of all revenue bonds without distinction or priority of one over another.345
SECTION 15.346
Interest of bondholders protected.347
While any of the bonds or notes issued by the Authority shall remain outstanding, the348
powers, duties, or existence of the Authority or its officers, employees, or agents shall not349
be diminished or impaired in any manner that will affect adversely the interests and rights350
of the owners of such bonds or notes; and no other entity, department, agency, or authority351
shall be created to compete with the Authority so as to affect adversely the interests and352
rights of the owners of such bonds or notes. The provisions of this Act shall be for the353
benefit of the Authority and every owner of the Authority's bonds and notes and, upon and354
after the issuance of bonds or notes under the provisions of this Act, shall constitute an355
irrevocable contract by the Authority with the owners of such bonds and notes.356
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SECTION 16.
357
Funds received considered trust funds.358
All funds received pursuant to the authority of this Act, whether as proceeds from the sale359
of revenue bonds or as contractual payments, revenues, fees, tolls, charges, or other earnings360
or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and361
applied solely as provided in this Act. The bond owners are entitled to receive the benefits362
of such funds until applied as provided in any such resolution, trust agreement, or indenture363
of the Authority.364
SECTION 17.365
Venue; jurisdiction; service.366
The principal office of the Authority shall be in Coffee County, Georgia, and unless367
otherwise provided in general law, the venue of any action against it shall be in Coffee368
County. Any action pertaining to the validation of any bonds issued under the provisions of369
this Act or the validation of any contract entered into by the Authority shall be brought by370
the district attorney of Coffee County, a complaint directed to the Superior Court of Coffee371
County in the name of the State and against the Authority in the Superior Court of Coffee372
County, and such court shall have exclusive original jurisdiction of such actions. Service373
upon the Authority of any process, subpoena, or summons shall be effected by serving the374
same personally upon any officer of the Authority.375
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SECTION 18.
376
Imposition of rates, charges, fees, pledge of revenues, and exemption from regulation 377
by the Georgia Public Service Commission.378
The Authority is hereby authorized to prescribe, fix, and collect rates, fees, tolls, or charges,379
and to revise from time to time and collect such rates, fees, tolls, or charges for the services,380
facilities, or commodities furnished, and is authorized to enter into contracts relating to the381
provision of gas supplies including any hedging or similar agreements, and in anticipation382
of the collection of the revenues of such undertaking or project, to issue revenue bonds as383
herein provided to finance in whole or in part the cost of the acquisition, construction,384
reconstruction, improvement, betterment, or extension of any project and the provision of gas385
supplies including any hedging or similar agreements, and to pledge to the punctual payment386
of said bonds and interest thereon, all or any part of the revenues of such undertaking or387
project, including the revenues of improvements, betterments, or extensions thereto thereafter388
made and contractual payments. The Authority shall be exempt from regulation by the389
Georgia Public Service Commission to the same extent as a municipality and will be treated390
in all respects like a municipality for purposes of law or regulation related directly to natural391
gas transmission and distribution facilities and service.392
SECTION 19.393
Tax exemption of Authority properties.394
The properties of the Authority, both real and personal, are declared to be public properties395
used for the benefit and welfare of the people of the State of Georgia, and not for purposes396
of private or corporate benefit and income, and such properties and the Authority as provided397
by general law shall be exempt from all taxes and special assessments of any city, county,398
or the State or any political subdivision thereof.399
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SECTION 20.
400
Immunity from tort actions.401
To the extent permitted by law, the Authority shall have the same immunity and exemption402
from liability for torts and negligence as a municipality; and the officers, agents, and403
employees of the Authority when in the performance of the work of the Authority shall have404
the same immunity and exemption from liability for torts and negligence as the officers,405
agents, and employees of a municipality when in the performance of their public duties or406
work of the municipality.407
SECTION 21.408
Contracts.409
The Authority may be sued the same as any private corporations on any contractual410
obligation of the Authority, so long as the contractual obligation is set forth in a writing,411
approved by the board of the Authority during a meeting, and entered into the minutes of the412
board.413
SECTION 22.414
Property not subject to levy and sale.415
The property of the Authority shall not be subject to levy and sale under legal process.416
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SECTION 23.
417
Powers declared supplemental and additional.418
This Act shall be deemed to provide an additional and alternative method of carrying out the419
duties authorized hereby, shall be regarded as supplemental and additional to powers420
conferred to the Cities by other laws, and shall not be regarded as being in derogation of any421
powers now existing.422
SECTION 24.423
Authority without taxing power.424
The Authority shall not have the power to levy, impose, or collect any tax on any person or425
property.426
SECTION 25.427
Liberal construction of Act.428
This Act, being for the welfare of various political subdivisions of the State and its429
inhabitants, shall be liberally construed to effect the purposes hereof.430
SECTION 26.431
Severability; effect of partial invalidity of Act.432
The provisions of this Act are severable, and if any of its provisions shall be held433
unconstitutional by any court of competent jurisdiction, the decision of such court shall not434
affect or impair any of the remaining provisions.435
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SECTION 27.
436
General repealer.437
All laws and parts of laws in conflict with this Act are repealed.438
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