5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | To amend an Act creating and establishing the Newton County Public Facilities Authority, |
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8 | 8 | | 1 |
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9 | 9 | | approved June 29, 2020 (Ga. L. 2020, p. 3600), so as to revise provisions regarding contracts2 |
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10 | 10 | | and borrowing of funds; to revise provisions regarding revenue bonds; to revise provisions3 |
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11 | 11 | | regarding credit not pledged; to provide for distribution of assets of the authority upon4 |
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12 | 12 | | dissolution; to provide for definitions; to provide for related matters; to repeal conflicting5 |
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13 | 13 | | laws; and for other purposes.6 |
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14 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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15 | 15 | | SECTION 1.8 |
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16 | 16 | | An Act creating and establishing the Newton County Public Facilities Authority, approved9 |
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17 | 17 | | June 29, 2020 (Ga. L. 2020, p. 3600), is amended by revising paragraphs (3) and (5) of10 |
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18 | 18 | | Section 3 as follows:11 |
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19 | 19 | | "(3) "Project" means all buildings, facilities and equipment necessary or convenient for12 |
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20 | 20 | | the efficient operation of Newton County or any department, agency division or13 |
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21 | 21 | | commission thereof, the Newton County School District, any municipal corporation14 |
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22 | 22 | | located within Newton County and any undertaking permitted by the Revenue Bond15 |
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23 | 23 | | Law."16 |
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24 | 24 | | S. B. 237 |
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25 | 25 | | - 1 - 25 LC 44 3010 |
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26 | 26 | | "(5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act." |
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27 | 27 | | 17 |
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28 | 28 | | SECTION 2.18 |
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29 | 29 | | Said Act is further amended by revising paragraphs (4) and (9) of Section 4 as follows:19 |
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30 | 30 | | "(4) To execute contracts, leases, installment sale agreements, and other agreements and20 |
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31 | 31 | | instruments necessary or convenient in connection with the acquisition, construction,21 |
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32 | 32 | | addition, extension, improvement, equipping, operation, maintenance, disposition or22 |
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33 | 33 | | financing of a project; and any and all persons, firms, corporations, and Newton County,23 |
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34 | 34 | | Newton County School District and any municipal corporation within Newton County24 |
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35 | 35 | | are hereby authorized to enter into contracts, leases, installment sale agreements, and25 |
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36 | 36 | | other agreements and instruments with the authority upon such terms and for such26 |
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37 | 37 | | purposes as they deem advisable and as they are authorized by law;"27 |
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38 | 38 | | "(9) To borrow money for any of its corporate purposes, to issue revenue bonds and other28 |
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39 | 39 | | forms of obligations, and to provide for the payment of the same and rights of the holders29 |
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40 | 40 | | thereof;"30 |
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41 | 41 | | SECTION 3.31 |
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42 | 42 | | Said Act is further amended by revising Section 5 as follows:32 |
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43 | 43 | | "SECTION 5.33 |
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44 | 44 | | Revenue bonds.34 |
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45 | 45 | | The authority shall have power and is hereby authorized to provide by resolution for the35 |
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46 | 46 | | issuance of revenue bonds for the purpose of paying all or any part of the costs of the36 |
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47 | 47 | | project and for the purpose of refunding revenue bonds or other obligations previously37 |
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48 | 48 | | issued. The principal of and interest on such revenue bonds shall be payable solely from38 |
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49 | 49 | | the revenues and properties pledged to the payment of such revenue bonds. The revenue39 |
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50 | 50 | | S. B. 237 |
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51 | 51 | | - 2 - 25 LC 44 3010 |
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52 | 52 | | bonds issued by the authority shall contain such terms as the authority shall determine are |
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53 | 53 | | 40 |
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54 | 54 | | in the best interest of the authority; provided, however, that no revenue bonds shall have41 |
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55 | 55 | | a maturity exceeding 40 years. No such revenue bonds shall be issued to finance a project42 |
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56 | 56 | | for the Newton County School District or any municipal corporation within Newton43 |
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57 | 57 | | County without the approval of the Board of Commissioners of Newton County."44 |
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58 | 58 | | SECTION 4.45 |
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59 | 59 | | Said Act is further amended by revising Section 7 as follows:46 |
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60 | 60 | | "SECTION 7.47 |
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61 | 61 | | Credit not pledged.48 |
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62 | 62 | | Revenue bonds of the authority shall not be deemed to constitute a debt of Newton County,49 |
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63 | 63 | | the Newton County School System, any municipality located within the county, or the State50 |
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64 | 64 | | of Georgia, nor a pledge of the faith and credit of this state or such county, but such51 |
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65 | 65 | | revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance52 |
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66 | 66 | | of such revenue bonds shall not directly, indirectly, or contingently obligate this state or53 |
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67 | 67 | | such county to levy or pledge any form of taxation whatsoever for payment of such revenue54 |
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68 | 68 | | bonds or to make any appropriation for their payment, and all such revenue bonds shall55 |
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69 | 69 | | contain recitals on their face covering substantially the foregoing provisions of this section. 56 |
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70 | 70 | | Notwithstanding the foregoing provisions, this Act shall not affect the ability of the57 |
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71 | 71 | | authority and any political subdivision or municipal corporation to enter into an58 |
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72 | 72 | | intergovernmental contract pursuant to which the political subdivision or municipal59 |
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73 | 73 | | corporation agrees to pay amounts sufficient to pay operating charges and other costs of60 |
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74 | 74 | | the authority of any project, including, without limitation, the principal of and interest on61 |
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75 | 75 | | revenue bonds or other forms of obligations in consideration for the services or facilities62 |
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76 | 76 | | of the authority."63 |
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77 | 77 | | S. B. 237 |
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78 | 78 | | - 3 - 25 LC 44 3010 |
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79 | 79 | | SECTION 5. |
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80 | 80 | | 64 |
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81 | 81 | | Said Act is further amended by revising subsection (b) of Section 16 as follows:65 |
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82 | 82 | | "(b) Upon the dissolution of the authority, all assets owned by the authority shall become66 |
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83 | 83 | | property of Newton County unless the agreements executed in connection with a project67 |
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84 | 84 | | require otherwise."68 |
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85 | 85 | | SECTION 6.69 |
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86 | 86 | | All laws and parts of laws in conflict with this Act are repealed.70 |
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87 | 87 | | S. B. 237 |
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88 | 88 | | - 4 - |
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