06
LC 33 1339
Senate
Bill 627
By:
Senator Schaefer of the 50th
AS
PASSED
AN
ACT
To
amend an Act creating the Habersham County Water and Sewerage Authority,
approved April 6, 1981 (Ga. L. 1981, p. 3327), as amended, so as to continue in
existence and reconstitute the authority; to provide for legislative findings;
to provide for the termination of the terms of members of the authority
appointed under previous law; to provide for the appointment of members and
their qualifications, terms, chairperson, quorum, meetings, vacancies, and
compensation; to provide for perpetual existence of the authority; to provide
for ratification of outstanding revenue bond debt; to revise the powers of the
authority; to provide that the authority shall exercise its powers with the
consent of the Board of Commissioners of Habersham County; to expressly
authorize lease of the assets of the authority, transfer of the
authoritýs
employees, and the provision of advice and recommendations to the Board of
Commissioners of Habersham County; to provide for related matters; to provide
for an effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the Habersham County Water and Sewerage Authority, approved April
6, 1981 (Ga. L. 1981, p. 3327), as amended, is amended by inserting a new
section to be designated Section 1.1 to read as follows:
"Section
1.1. The General Assembly finds that it is advantageous to reconstitute the
Habersham County Water and Sewerage Authority for the following
reasons:
(1)
The exceptionally rapid growth of the county requires careful planning for
infrastructure, which would be made easier by reconstituting the authority;
(2)
The planning and construction of a water system designed to fulfill the
countýs
water needs for the next several decades inaugurates a new era for the county
and the authority; and
(3)
Close coordination of expansion of the sewerage system with planning for
commercial and business development would be more feasible with a reconstituted
authority."
SECTION
2.
Said
Act is further amended by striking Section 2 and inserting in lieu thereof the
following:
"Section
2. (a) This Act continues the existence of a body corporate and politic, known
as the Habersham County Water and Sewerage Authority, which is deemed to be a
political subdivision of the State of Georgia and a public corporation and by
that name, style, and title said body may contract and be contracted with, sue
and be sued, implead and be impleaded, and complain and defend in all court of
law and equity.
(b)
The terms of members of the authority appointed under the provisions of prior
law and serving on the authority on the effective date of this Act shall
terminate at noon on the effective date of this Act. On and after 12:01 P.M. of
the effective date of this Act, the authority shall consist of five members
appointed by the Board of Commissioners of Habersham County, one of such members
appointed by each district commissioner.
(c)
Each member of the authority shall be a resident of Habersham County. For their
initial appointments, authority members shall be appointed as follows: the
county commissioners from districts 1 and 2 shall each appoint an authority
member to serve for three years; the county commissioners from districts 3 and 4
shall each appoint an authority member to serve for two years; and the county
commissioner from district 5 shall appoint an authority member to serve for one
year. Upon expiration of these initial appointments, all succeeding
appointments shall be for three year terms. Members of the authority shall
serve at the will and pleasure of the Board of Commissioners of Habersham
County. Any member of the authority may be appointed to succeed himself or
herself.
(d)
The members of the authority shall elect one of their number as chairperson.
Three members shall constitute a quorum. No vacancy on the authority shall
impair the right of the quorum to exercise all the rights and perform all the
duties of the authority. The authority shall meet at least annually in the month
of January of each year and at such other times as the authority may deem
necessary.
(e)
In the event of a vacancy on the authority for any reason, a replacement member
to complete the unexpired term shall be appointed in the same manner as the
member whose absence created the vacancy.
(f)
The members of the authority shall be compensated in the amount of $50.00 for
each meeting of the authority attended by a member. All compensation shall be
from funds available to the authority.
(g)
The authority shall provide an annual report of its activities to the Board of
Commissioners of Habersham County on such time frame as specified by the
board.
(h)
The authority shall have perpetual existence. The authority as reconstituted by
this Act continues in existence the authority created by the 1981 Act, despite
the changes in membership. All revenue bond debt of the authority outstanding on
the effective date of this Act is expressly ratified and confirmed as revenue
bond debt of the authority reconstituted by this
Act."
SECTION
3.
Said
Act is further amended by striking Section 4 and inserting in lieu thereof the
following:
"Section
4. The authority shall have the following powers to be exercised with the
consent of the Board of Commissioners of Habersham County:
(1)
To have a seal and alter the same at pleasure;
(2)
To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of
real and personal property of every kind and character for its corporate
purposes;
(3)
To acquire in its own name by purchase, on such terms and conditions and in such
manner as it may deem proper, or by condemnation in accordance with the
provisions of any and all laws applicable to the condemnation of property for
public use, real property, or rights or easements therein, or franchises
necessary or convenient for its corporate purposes, and to use the same so long
as its corporate existence shall continue and to lease or make contracts with
respect to the use of or dispose of the same in any manner it deems to be the
best advantage of the authority;
(4)
To appoint, select, and employ officers, agents, and employees, including
engineering, architectural, and construction experts, fiscal agents, and
attorneys, and fix their respective compensations;
(5)
To make contracts, leases, or agreements and to execute all instruments
necessary or convenient, including contracts for construction of projects and
leases of projects or contracts with respect to the use of projects which it
causes to be constructed or acquired, and any and all persons, firms, and
corporations and the state and any and all political subdivisions, departments,
institutions, or agencies of the state are hereby authorized to enter into
contracts, leases, or agreements with the authority upon such terms and for such
purposes as they deem advisable; and without limiting the generality of the
above, authority is specifically granted to municipal corporations, counties,
and other political subdivisions and to the authority to enter into contracts,
lease agreements, or other undertakings relative to the furnishing of services
and facilities by the authority to such municipal corporations, counties, and
political subdivisions for a term not exceeding 50 years;
(6)
To acquire, construct, own, repair, add to, extend, improve, equip, operate,
maintain, and manage projects, as hereinabove defined, the cost of any such
project to be paid, in whole or in part, from the proceeds of revenue bonds of
the authority or from such proceeds and any grant or contribution from the
United States of America or any agency or instrumentality thereof or from the
State of Georgia or any agency or instrumentality thereof;
(7)
To make loans with, and accept loans and grants of money or materials or
property of any kind from, the United States of America or any agency or
instrumentality thereof, upon such terms and conditions as the United States of
America or such agency or instrumentality may require;
(8)
To make loans with, and accept loans and grants of money or materials or
property of any kind from, the State of Georgia or any agency or instrumentality
or political subdivision thereof, upon such terms and conditions as the State of
Georgia or such agency or instrumentality or political subdivision may
require;
(9)
To borrow money for any of its corporate purposes and to issue negotiable
revenue bonds payable solely from funds pledged for that purpose, and to provide
for the payment of the same and for the rights of the holders
thereof;
(10)
To exercise any power usually possessed by private corporations performing
similar functions that is not in conflict with the Constitution and laws of this
state; and
(11)
To do all things necessary or convenient to carry out the powers expressly
granted by this
Act."
SECTION
4.
Said
Act is further amended by inserting a new section to be designated Section 4.1
to read as follows:
"Section
4.1. (a) Without limiting the generality of paragraph (5) of Section 4 of this
Act, the authority is expressly authorized to enter into a written lease
agreement with the Board of Commissioners of Habersham County for the lease of
all of the assets of the authority and the management of the operations of such
assets in exchange for payments by the board of commissioners sufficient to
service the current and future debts and other liabilities of the
authority.
(b)
In the event that the authority enters into a lease agreement as described in
subsection (a) of this section, all persons employed by the authority
immediately prior to the execution of such agreement shall become employees of
the Board of Commissioners of Habersham County, and members of the civil service
system of such county, except for the director and department heads, who shall
serve at the will and the pleasure of the board of commissioners. For purposes
of computing the length of service and for all other purposes under such civil
service system, such employees shall be deemed to have been employees of the
county for all periods of time they were employed by the authority.
(c)
In the event that the authority enters into a lease agreement as described in
subsection (a) of this section, the authority is authorized to provide advice
and recommendations to the board of commissioners regarding infrastructure
developments and the review of plans for water and sewer requests in the
county."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.