Georgia 2025-2026 Regular Session

Georgia Senate Bill SB237 Compare Versions

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11 25 LC 44 3010
22 Senate Bill 237
33 By: Senators Strickland of the 42nd and Anderson of the 43rd
4-AS PASSED
4+AS PASSED SENATE
55 A BILL TO BE ENTITLED
66 AN ACT
77 To amend an Act creating and establishing the Newton County Public Facilities Authority,
88 1
99 approved June 29, 2020 (Ga. L. 2020, p. 3600), so as to revise provisions regarding contracts2
1010 and borrowing of funds; to revise provisions regarding revenue bonds; to revise provisions3
1111 regarding credit not pledged; to provide for distribution of assets of the authority upon4
1212 dissolution; to provide for definitions; to provide for related matters; to repeal conflicting5
1313 laws; and for other purposes.6
1414 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
1515 SECTION 1.8
1616 An Act creating and establishing the Newton County Public Facilities Authority, approved9
1717 June 29, 2020 (Ga. L. 2020, p. 3600), is amended by revising paragraphs (3) and (5) of10
1818 Section 3 as follows:11
1919 "(3) "Project" means all buildings, facilities and equipment necessary or convenient for12
2020 the efficient operation of Newton County or any department, agency division or13
2121 commission thereof, the Newton County School District, any municipal corporation14
2222 located within Newton County and any undertaking permitted by the Revenue Bond15
2323 Law."16
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2626 "(5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act."
2727 17
2828 SECTION 2.18
2929 Said Act is further amended by revising paragraphs (4) and (9) of Section 4 as follows:19
3030 "(4) To execute contracts, leases, installment sale agreements, and other agreements and20
3131 instruments necessary or convenient in connection with the acquisition, construction,21
3232 addition, extension, improvement, equipping, operation, maintenance, disposition or22
3333 financing of a project; and any and all persons, firms, corporations, and Newton County,23
3434 Newton County School District and any municipal corporation within Newton County24
3535 are hereby authorized to enter into contracts, leases, installment sale agreements, and25
3636 other agreements and instruments with the authority upon such terms and for such26
3737 purposes as they deem advisable and as they are authorized by law;"27
3838 "(9) To borrow money for any of its corporate purposes, to issue revenue bonds and other28
3939 forms of obligations, and to provide for the payment of the same and rights of the holders29
4040 thereof;"30
4141 SECTION 3.31
4242 Said Act is further amended by revising Section 5 as follows:32
4343 "SECTION 5.33
4444 Revenue bonds.34
4545 The authority shall have power and is hereby authorized to provide by resolution for the35
4646 issuance of revenue bonds for the purpose of paying all or any part of the costs of the36
4747 project and for the purpose of refunding revenue bonds or other obligations previously37
4848 issued. The principal of and interest on such revenue bonds shall be payable solely from38
4949 the revenues and properties pledged to the payment of such revenue bonds. The revenue39
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5252 bonds issued by the authority shall contain such terms as the authority shall determine are
5353 40
5454 in the best interest of the authority; provided, however, that no revenue bonds shall have41
5555 a maturity exceeding 40 years. No such revenue bonds shall be issued to finance a project42
5656 for the Newton County School District or any municipal corporation within Newton43
5757 County without the approval of the Board of Commissioners of Newton County."44
5858 SECTION 4.45
5959 Said Act is further amended by revising Section 7 as follows:46
6060 "SECTION 7.47
6161 Credit not pledged.48
6262 Revenue bonds of the authority shall not be deemed to constitute a debt of Newton County,49
6363 the Newton County School System, any municipality located within the county, or the State50
6464 of Georgia, nor a pledge of the faith and credit of this state or such county, but such51
6565 revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance52
6666 of such revenue bonds shall not directly, indirectly, or contingently obligate this state or53
6767 such county to levy or pledge any form of taxation whatsoever for payment of such revenue54
6868 bonds or to make any appropriation for their payment, and all such revenue bonds shall55
6969 contain recitals on their face covering substantially the foregoing provisions of this section. 56
7070 Notwithstanding the foregoing provisions, this Act shall not affect the ability of the57
7171 authority and any political subdivision or municipal corporation to enter into an58
7272 intergovernmental contract pursuant to which the political subdivision or municipal59
7373 corporation agrees to pay amounts sufficient to pay operating charges and other costs of60
7474 the authority of any project, including, without limitation, the principal of and interest on61
7575 revenue bonds or other forms of obligations in consideration for the services or facilities62
7676 of the authority."63
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7979 SECTION 5.
8080 64
8181 Said Act is further amended by revising subsection (b) of Section 16 as follows:65
8282 "(b) Upon the dissolution of the authority, all assets owned by the authority shall become66
8383 property of Newton County unless the agreements executed in connection with a project67
8484 require otherwise."68
8585 SECTION 6.69
8686 All laws and parts of laws in conflict with this Act are repealed.70
8787 S. B. 237
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