06 LC
25 4233
House
Bill 1078
By:
Representative Greene of the
149th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create the Randolph County Water and Sewer Authority and provide for its
activation; to provide for a short title; to provide for definitions; to provide
for the purposes, powers, duties, and functions of the authority and authorize
certain contracts and agreements; to provide for the membership and appointment
of members of the authority and their terms of office, qualifications, duties,
powers, methods of filling vacancies, compensation, and expenses; to provide for
organization, meetings, and quorum of the authority; to provide for an attorney
of the authority; to provide for an audit and budgets; to authorize the
authority to contract with others regarding its functions, to contract with
others pertaining to the use of the utilities and facilities of the authority,
and to execute leases and do all things necessary or convenient for the
operation of such undertakings or projects; to provide for revenue bonds and
other obligations of the authority and to provide for their form, signatures
thereon, negotiability, sale, and use of proceeds; to provide for interim and
replacement documents; to provide for condition for issuance and authorize the
collection and pledging of the revenues and earnings of the authority for the
payment of such bonds; to authorize the execution of resolutions and trust
indentures to secure the payment thereof and to define the rights of the holders
of such obligations; to provide for sinking fund and trust funds; to provide for
rates, charges, and revenues; to provide that no debt of Randolph County shall
be incurred in the exercise of any of the powers granted by this Act; to provide
for tax exemption; to authorize the authority to condemn property of every kind;
to authorize the issuance of funding and refunding bonds; to provide for venue
and jurisdiction; to provide for rules and regulations; to provide for immunity
from liability; to provide for statutory construction and the effect on other
governments and authorities; to provide for the validation of bonds; to provide
for construction; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Short title.
Short title.
This
Act shall be known and may be cited as the "Randolph County Water and Sewer
Authority Act."
SECTION
2.
Randolph County Water and Sewer Authority; activation.
Randolph County Water and Sewer Authority; activation.
(a)(1)
There is created a body corporate and politic, to be known as the Randolph
County Water and Sewer Authority, which shall be 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 courts of law and
equity. The authority shall have perpetual existence. It is the intent of the
General Assembly that the authority created by this Act shall be the primary
supplier of water and sewer utilities in the unincorporated areas of Randolph
County. The authority may, by contract, provide services to other areas or
jurisdictions in a manner which will best utilize available resources and
efficiently and economically provide such
services.
(2) The authority created under this Act shall not transact any business or exercise any powers under this Act until the board of commissioners of Randolph County shall, by proper resolution, declare that there is need for the authority to function in such county.
(b) The authority shall consist of five members to be appointed by the Board of Commissioners of Randolph County.
(c) The initial terms for the authority members shall be as follows: two members shall be appointed to initial terms ending December 31, 2008; three members shall be appointed to initial terms ending December 31, 2010; and all such terms shall expire upon the dates specified and upon the appointment and qualification of a respective successor.
(d) Successors to members of the authority whose initial terms of office expire as provided in subsection (c) of this section, and all future successors to members of the authority whose terms are to expire, shall serve terms of four years and until their respective successors are appointed and qualified. Any member of the authority may be appointed to succeed himself or herself.
(e) To be eligible for appointment as a member of the authority, a person shall satisfy the eligibility requirements of Code Section 45-2-1 of the O.C.G.A. and shall be a customer of a utility of the authority.
(f) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary, treasurer, or neither is a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified.
(g) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
(h) Any vacancy in the office of any member of the authority shall be filled in the same manner as the original appointment; and the appointment to fill the vacancy shall be made within 15 days after the vacancy occurs. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto, who is convicted of a crime involving moral turpitude or enters a plea of nolo contendere thereto, who moves his or her residence from Randolph County or is no longer a customer of a utility of the authority, who is convicted of any act of misfeasance, malfeasance, or nonfeasance of duties as a member of the authority, or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by resolution of the authority.
(i) There shall be an annual audit of the authority to be conducted by a certified public accountant selected by the authority.
(j) The fiscal affairs of the authority, including the raising of revenue and the adoption and approval of the annual budget, shall be under the control of the authority.
(k) The chairperson of the authority shall receive as compensation the sum of $500.00 per month, and the remaining members of the authority shall each receive as compensation the sum of $400.00 per month.
(2) The authority created under this Act shall not transact any business or exercise any powers under this Act until the board of commissioners of Randolph County shall, by proper resolution, declare that there is need for the authority to function in such county.
(b) The authority shall consist of five members to be appointed by the Board of Commissioners of Randolph County.
(c) The initial terms for the authority members shall be as follows: two members shall be appointed to initial terms ending December 31, 2008; three members shall be appointed to initial terms ending December 31, 2010; and all such terms shall expire upon the dates specified and upon the appointment and qualification of a respective successor.
(d) Successors to members of the authority whose initial terms of office expire as provided in subsection (c) of this section, and all future successors to members of the authority whose terms are to expire, shall serve terms of four years and until their respective successors are appointed and qualified. Any member of the authority may be appointed to succeed himself or herself.
(e) To be eligible for appointment as a member of the authority, a person shall satisfy the eligibility requirements of Code Section 45-2-1 of the O.C.G.A. and shall be a customer of a utility of the authority.
(f) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary, treasurer, or neither is a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified.
(g) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
(h) Any vacancy in the office of any member of the authority shall be filled in the same manner as the original appointment; and the appointment to fill the vacancy shall be made within 15 days after the vacancy occurs. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto, who is convicted of a crime involving moral turpitude or enters a plea of nolo contendere thereto, who moves his or her residence from Randolph County or is no longer a customer of a utility of the authority, who is convicted of any act of misfeasance, malfeasance, or nonfeasance of duties as a member of the authority, or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by resolution of the authority.
(i) There shall be an annual audit of the authority to be conducted by a certified public accountant selected by the authority.
(j) The fiscal affairs of the authority, including the raising of revenue and the adoption and approval of the annual budget, shall be under the control of the authority.
(k) The chairperson of the authority shall receive as compensation the sum of $500.00 per month, and the remaining members of the authority shall each receive as compensation the sum of $400.00 per month.
SECTION
3.
Definitions.
Definitions.
(a)
As used in this Act, the term:
(1)
"Authority" means the Randolph County Water and Sewer Authority created by this
Act.
(2)
"Commission" means the board of commissioners of Randolph County and "commission
district" means that numbered geographic area of Randolph County from which each
member of the commission is appointed.
(3)
"Cost of the project" means the cost of construction, the cost of all lands,
properties, rights, easements, and franchises acquired, the cost of all
machinery and equipment, financing charges, interest prior to and during
construction and for one year after completion of construction, cost of
engineering, architectural, fiscal agents, and legal expenses, and of plans and
specifications, and other expenses necessary or incident to determining the
feasibility or practicality of the project, administrative expense, and such
other expenses as may be necessary or incident to the financing authorized by
this Act, the cost of the acquisition or construction of any project, the
placing of any project in operation, and the condemnation of property necessary
for such construction and operation. Any obligation or expense incurred for any
of the foregoing purposes shall be regarded as a part of the cost of the project
and may be paid or reimbursed as such out of the proceeds of revenue bonds
issued under the provisions of this Act for such project.
(4)
"Project" means the acquisition, construction, and equipping of water facilities
for obtaining one or more sources of water supply, the treatment of the water
and the distribution and sale of water to users and consumers, including, but
not limited to, the State of Georgia and counties and municipalities for the
purpose of resale, inside and outside the territorial boundaries of Randolph
County, and the operation, maintenance, additions, improvements, and extension
of such facilities so as to assure an adequate water utility system deemed by
the authority necessary and convenient for the efficient operation of such type
of undertaking. The term "project" shall also mean and include the acquisition,
construction, and equipping of all necessary and usual facilities useful and
necessary for the gathering of waste water of every type, including both
individual and industrial, and the treatment of sewage of any and every type,
including, but not limited to, the acquisition and construction of treatment
plants, ponds, and lagoons, inside and outside the territorial boundaries of
Randolph County, and the operation, maintenance, additions, improvements, and
extensions of such facilities so as to assure an adequate sewerage system deemed
by the authority necessary or convenient for the efficient operation of a
sanitary and storm sewer system. Said water facilities and said sewerage
facilities, at the discretion of the authority, may be combined at any time into
a water and sewerage system as one revenue-producing undertaking and operated
and maintained as such.
(5)
"Revenue bonds" or "bonds" means revenue bonds as defined and provided in
Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and
such type obligations may be issued by the authority as authorized under said
"Revenue Bond Law" and any amendments thereto. In addition, such terms shall
also mean obligations of the authority, the issuance of which are specifically
provided for in this Act.
(b)
Any project shall be deemed to be "self-liquidating" if, in the judgment of the
authority, the revenues and earnings to be derived by the authority therefrom
and all facilities used in connection therewith will be sufficient to pay the
cost of operating, maintaining and repairing, improving, extending, or improving
and extending the project and to pay the principal and the interest on the
revenue bonds which may be issued to finance, in whole or in part, the cost of
such project or projects.
SECTION
4.
Powers.
Powers.
The
authority shall have the power:
(1)
To have a seal and alter the same at its 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. All purchases of supplies, equipment, and other materials in an
amount in excess of $18,000.00 shall be by competitive bid with advertisement of
said purchases to be published in the official organ of Randolph County one time
before the date of purchase. The authority shall attempt to obtain at least
three competitive bids, and the authority shall accept the best bid in
accordance with terms of the advertisement. The provisions of this paragraph
shall not apply to emergency purchases or repairs. No purchase by the authority
shall be made from a member or relative of a member of the authority within the
first degree of kinship, except by sealed bid as provided in this
paragraph.
(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 existing 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 the best advantage of the authority, the authority being under no
obligation to accept and pay for any property condemned under this Act except
from the funds provided under the authority of this Act, and in any proceedings
to condemn, such orders may be made by the court having jurisdiction of the
suit, action, or proceedings as may be just to the authority and to the owners
of the property to be condemned, and no property shall be acquired under the
provisions of this Act upon which any lien or other encumbrance exists, unless
at the time such property is so acquired a sufficient sum of money is deposited
in trust to pay and redeem the fair value of such lien or
encumbrance;
(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 and leases 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, erected, or acquired. Any and all persons, firms, and corporations
and any and all political subdivisions, departments, institutions, or agencies
of the state and public authorities are 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 foregoing,
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 relating to the furnishing of water and
related services and facilities by the authority to such municipal corporations,
counties, and political subdivisions or for the purchase of water by the
authority therefrom for a term not exceeding 50 years, and also to enter into
contracts, lease agreements, or other undertakings relative to the gathering of
waste matter and the treatment of waste matter and sewage by the authority for
such municipal corporations, counties, and political subdivisions or by such
municipal corporations, counties, or political subdivisions for the authority.
Likewise, without limiting the generality of the foregoing, the same authority
granted to municipal corporations, counties, political subdivisions, and the
authority relative to entering into contracts, lease agreements, or other
undertakings is authorized between the authority and private corporations, both
inside and outside the State of Georgia, and the authority and public bodies,
including counties and cities outside the State of Georgia;
(6)
To construct, erect, acquire, own, repair, remodel, maintain, add to, extend,
improve, equip, operate, and manage projects as defined in this Act, the cost of
any such project to be paid in whole or in part from the proceeds of revenue
bonds of the authority or in part 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 accept loans or grants, or both, 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 accept loans or grants, or both, 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, including the power to make short-term loans and approve,
execute, and deliver appropriate evidence of such indebtedness, provided that no
such power is in conflict with the Constitution or general laws of this
state;
(11)
To assume all assets, liabilities, notes, debt, bonds, and obligations, both
financial and otherwise, of any water or sewer system owned by Randolph County
subject to approval of such assumption by the commission; and
(12)
To do all things necessary or convenient to carry out the powers expressly given
in this Act.
SECTION
5.
Revenue bonds.
Revenue bonds.
The
authority, or any authority or body which has or which may in the future succeed
to the powers, duties, and liabilities vested in the authority created by this
Act, shall have power and is authorized to provide by resolution for the
issuance of negotiable revenue bonds of the authority for the purpose of paying
all or any part of the cost, as defined in this Act, of any one or more
projects. The principal of and interest on such revenue bonds shall be payable
solely from the special fund provided for such payment. The bonds of each issue
shall be dated, shall bear interest at such rate or rates per annum payable at
such time or times, shall mature at such time or times not exceeding 40 years
from their date or dates, shall be payable in such medium of payment as to both
principal and interest as may be determined by the authority, and may be
redeemable before maturity, at the option of the authority, at such price or
prices and under such terms and conditions as may be fixed by the authority in
the resolution for the issuance of bonds.
SECTION
6.
Same; form; denomination; registration; place of payment.
Same; form; denomination; registration; place of payment.
The
authority shall determine the form of the bonds, including any interest coupons
to be attached thereto, and shall fix the denomination or denominations of the
bonds and the place or places of payment of principal and interest thereon,
which may be at any bank or trust company inside or outside this state. The
bonds may be issued in coupon or registered form, or both, as the authority may
determine, and provision may be made for the registration of any coupon bond as
to principal alone and also as to both principal and interest.
SECTION
7.
Same; signatures; seal.
Same; signatures; seal.
In
case any officer whose signature shall appear on any bonds or whose facsimile
signature shall appear on any coupon shall cease to be such officer before the
delivery of such bonds, such signature shall nevertheless be valid and
sufficient for all purposes the same as if such officer had remained in office
until such delivery. All such bonds shall be signed by the chairperson of the
authority and the official seal of the authority shall be affixed thereto and
attested to by the secretary of the authority, and any coupons attached thereto
shall bear the facsimile signatures of such persons, and any bond may be signed,
sealed, and attested to on behalf of the authority by such persons as at the
actual time of the execution of such bonds shall be duly authorized or hold the
proper office, although at the date of such bonds such person may not have been
so authorized or shall not have held such office.
SECTION
8.
Same; negotiability; exemption from taxation.
Same; negotiability; exemption from taxation.
All
revenue bonds issued under the provisions of this Act shall be declared to have
all the qualities and incidents of negotiable instruments under the laws of this
state. Such bonds, their transfer, and the income therefrom shall be exempt from
all taxation within the state.
SECTION
9.
Same; sale; price; proceeds.
Same; sale; price; proceeds.
The
authority may sell such bonds in such manner and for such price as it may
determine to be for the best interest of the authority. The proceeds derived
from the sale of such bonds shall be used solely for the purpose or purposes
provided in the resolutions and proceedings authorizing the issuance of such
bonds.
SECTION
10.
Same; interim receipts and certificates or temporary bonds.
Same; interim receipts and certificates or temporary bonds.
The
authority may, under like restrictions, issue interim receipts, interim
certificates, or temporary bonds, with or without coupons, exchangeable for
definitive bonds upon the issuance of the latter.
SECTION
11.
Same; replacement of lost or mutilated bonds.
Same; replacement of lost or mutilated bonds.
The
authority may provide for the replacement of any bonds or coupons which shall
become mutilated or be destroyed or lost.
SECTION
12.
Same; conditions precedent to issuance.
Same; conditions precedent to issuance.
Revenue
bonds may be issued without any other proceedings or the happening of any other
conditions or things other than those proceedings, conditions, and things which
are specified or required by this Act. In the discretion of the authority,
revenue bonds of a single issue may be issued for the purpose of any particular
project. Any resolution providing for the issuance of revenue bonds under the
provisions of this Act shall become effective immediately upon its passage and
need not be published or posted, and any such resolution may be passed at any
regular or special or adjourned meeting of the authority by a majority of its
members.
SECTION
13.
Credit not pledged.
Credit not pledged.
Revenue
bonds issued under the provisions of this Act shall not be deemed to constitute
a debt of Randolph County nor a pledge of faith and credit of said county, but
such bonds shall be payable solely from the funds provided for by this Act and
the issuance of such revenue bonds shall not directly, indirectly, or
contingently obligate said county to levy or pledge any form of taxation
whatever therefor or to make any appropriation for their payment, and all such
bonds shall contain recitals on their face covering substantially the foregoing
provisions of this section.
SECTION
14.
Trust indenture as security.
Trust indenture as security.
In
the discretion of the authority, any issuance of such revenue bonds may be
secured by a trust indenture by and between the authority and a corporate
trustee, which may be any trust company or bank having the powers of a trust
company inside or outside the state. Such trust indenture may pledge or assign
fees, tolls, revenues, and earnings to be received by the authority. Either the
resolution providing for the issuance of revenue bonds or such trust indenture
may contain such provisions for protecting and enforcing the rights and remedies
of the bondholders as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the authority in relation to the
acquisition of property, the construction of the project, the maintenance,
operation, repair, and insuring of the project, and the custody, safeguarding,
and application of all moneys, and may also provide that any project shall be
constructed and paid for under the supervision and approval of consulting
engineers or architects employed or designated by the authority and satisfactory
to the original purchasers of the bonds issued therefor, and may also require
that the security given by contractors and by any depository of the proceeds of
the bonds or revenues or other moneys be satisfactory to such purchasers, and
may also contain provisions concerning the conditions, if any, upon which
additional revenue bonds may be issued. It shall be lawful for any bank or trust
company incorporated under the laws of this state to act as such depository and
to furnish such indemnifying bonds or pledge such securities as may be required
by the authority. Such indenture may set forth the rights and remedies of the
bondholders and of the trustee, and may restrict the individual right of action
of bondholders as is customary in trust indentures securing bonds and debentures
of corporations. In addition to the foregoing, such trust indenture may contain
such other provisions as the authority may deem reasonable and proper for the
security of the bondholders. All expenses incurred in carrying out such trust
indenture may be treated as part of the cost, maintenance, operation, and repair
of the project affected by such indenture.
SECTION
15.
To whom proceeds of bonds shall be paid.
To whom proceeds of bonds shall be paid.
In
the resolution providing for the issuance of revenue bonds or in the trust
indenture, the authority shall provide for the payment of the proceeds of the
sale of the bonds to any officer or person who, or any agency, bank, or trust
company which, shall act as trustee of such funds and shall hold and apply the
same to the purposes hereof, subject to such regulations of this Act and such
resolution or trust indenture may provide.
SECTION
16.
Sinking fund.
Sinking fund.
The
revenues, fees, tolls, and earnings derived from any particular project or
projects, regardless of whether or not such fees, earnings, and revenues were
produced by a particular project for which bonds have been issued unless
otherwise pledged and allocated, may be pledged and allocated by the authority
to the payment of the principal and interest on revenue bonds of the authority
as the resolution authorizing the issuance of the bonds or in the trust
instrument may provide, and such funds so pledged from whatever source received,
which said pledge may include funds received from one or more or all sources,
shall be set aside at regular intervals, as may be provided in the resolution or
trust indenture, into a sinking fund, which sinking fund shall be pledged to and
charged with the payment of:
(1)
The interest upon such revenue bonds as such interest shall fall
due;
(2)
The principal of the bonds as the same shall fall due;
(3)
The necessary charges of paying agent for paying principal and interest and
other investment charges; and
(4)
Any premium upon bonds retired by call or purchase as provided in this
Act.
The
use and disposition of such sinking fund shall be subject to such regulations as
may be provided in the resolution authorizing the issuance of the revenue bonds
or in the trust indenture, but, except as may otherwise be provided in such
resolution or trust indenture, such sinking fund shall be maintained as a trust
account for the benefit of all revenue bonds without distinction or priority of
one over another. Subject to the provisions of the resolution authorizing the
issuance of the bonds or the trust indenture, any surplus moneys in the sinking
fund may be applied to the purchase or redemption of bonds, and any such bonds
so purchased or redeemed shall forthwith be cancelled and shall not again be
issued.
SECTION
17.
Remedies of bondholders.
Remedies of bondholders.
Any
holder of revenue bonds issued under the provisions of this Act or any of the
coupons appertaining thereto and the trustee under the trust indenture, if any,
except to the extent the rights given in this Act may be restricted by the
resolution passed before the issuance of the bonds or by the trust indenture,
may, either at law or in equity, by suit, action, mandamus, or other
proceedings, protect and enforce any and all rights under the laws of the State
of Georgia or granted under this Act or under such resolution or trust
indenture, and may enforce and compel performance of all duties required by this
Act or by such resolution or trust indenture to be performed by the authority or
any officer thereof, including the fixing, charging, and collecting of
revenues, fees, tolls, and other charges for the use of the facilities and
services furnished.
SECTION
18.
Refunding bonds.
Refunding bonds.
The
authority is authorized to provide by resolution for the issuance of bonds of
the authority for the purpose of funding or refunding any revenue bonds issued
under the provisions of this Act and then outstanding, together with accrued
interest on the premium, if any. The issuance of such funding or refunding
bonds, the maturities and all other details thereof, the rights of the holders
thereof, and the duties of the authority in respect to the same shall be
governed by the other provisions of this Act insofar as the same may be
applicable.
SECTION
19.
Validation.
Validation.
Bonds
of the authority shall be confirmed and validated in accordance with the
procedure of Article 3 of Chapter 82 of the Title 36 of the O.C.G.A., the
"Revenue Bond Law," as amended. The petition for validation shall also make
party defendant to such action the State of Georgia or any municipality, county,
authority, political subdivision, or instrumentality of the State of Georgia
which has contracted with the authority for the services and facilities of the
project for which bonds are to be issued and sought to be validated and the
state or such municipality, county, authority, political subdivision, or
instrumentality shall be required to show cause, if any exists, why such
contract or contracts and the terms and conditions thereof should not be
inquired into by the court and the contract or contracts adjudicated as a part
of the basis for the security for the payment of any such bonds of the
authority. The bonds, when validated, and the judgment of validation shall be
final and conclusive with respect to such bonds and the security for the payment
thereof and interest thereon and against the authority issuing the same, and the
state and any municipality, county, authority, political subdivision, or
instrumentality, if a party to the validation proceedings, contracting with the
authority.
SECTION
20.
Venue and jurisdiction.
Venue and jurisdiction.
Any
action to protect or enforce any rights under the provisions of this Act or any
suit or action against such authority shall be brought in the Superior Court of
Randolph County, Georgia, and any action pertaining to validation of any bonds
issued under the provisions of this Act shall likewise be brought in said court
which shall have exclusive, original jurisdiction of such actions.
SECTION
21.
Interest of bondholders protected.
Interest of bondholders protected.
While
any of the bonds issued by the authority remain outstanding, the powers, duties,
or existence of said authority or its officers, employees, or agents shall not
be diminished or impaired in any manner that will affect adversely the interest
and rights of the holders of such bonds, and no other entity, department,
agency, or authority will be created which will compete with the authority to
such an extent as to affect adversely the interest and the rights of the holders
of such bonds, nor will the state so itself compete with the authority. The
provisions of this Act shall be for the benefit of the authority and the holders
of any such bonds and, upon the issuance of bonds under the provisions of this
Act, shall constitute a contract with the holders of such bonds.
SECTION
22.
Moneys received considered trust funds.
Moneys received considered trust funds.
All
moneys received pursuant to the provisions of this Act, whether as proceeds from
the sale of revenue bonds, as grants or other contributions, or as revenue,
income, fees, and earnings, shall be deemed to be trust funds to be held and
applied solely as provided in this Act.
SECTION
23.
Purpose of the authority.
Purpose of the authority.
(a)
Without limiting the generality of any provision of this Act, the general
purpose of the authority is declared to be that of acquiring an adequate source
of water supply, treatment of such water, and thereafter the distribution of the
same to the various areas, municipalities, and citizens in Randolph County and
its environs, including adjoining counties and municipalities located therein,
and further for the general purpose of collecting of waste water, both
individual and industrial; but such general purpose shall not restrict the
authority from selling and delivering water directly to customers in those areas
where water distribution systems do not now exist or furnishing sewer collection
facilities to such customers, and to areas where no county, municipality, or
public authority deems it desirable or feasible to furnish water or sewerage
services in such locality.
(b) The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly from customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality.
(b) The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly from customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality.
SECTION
24.
Rates, charges, and revenues; use.
Rates, charges, and revenues; use.
The
authority is authorized to prescribe and fix rates and to revise same from time
to time and to collect fees, tolls, and charges for the services, facilities,
and commodities furnished and, in anticipation of the collection of the revenues
of such undertaking or project, to issue revenue bonds as provided by this Act
to finance, in whole or in part, the cost of the acquisition, construction,
reconstruction, improvement, betterment, or extension of a water system, a
sewerage system, or a combined water and sewerage system, and to pledge to the
punctual payment of said bonds and interest thereon, all or any part of the
revenues of improvements, betterments, or extensions thereto thereafter made.
Before increasing water or sewer rates, the authority shall hold two public
hearings with dates, times, and locations advertised once in the legal organ of
the county at least seven days before each public hearing. The authority shall
notify the customers of the authority of the proposed increase in rates and the
public hearing dates, times, and locations on the preceding
month́s
water or sewer bill before the date of the public hearings.
SECTION
25.
Rules and regulations for operation of projects.
Rules and regulations for operation of projects.
It
shall be the duty of the authority to prescribe rules and regulations for the
operation of the project or projects constructed or acquired, or both, under the
provisions of this Act, including the basis upon which water service and
facilities or sewerage service and facilities, or both, shall be
furnished.
SECTION
26.
Tort immunity.
Tort immunity.
The
authority shall have the same immunity and exemption from liability for torts
and negligence as Randolph County; and the officers, agents, and employees of
the authority when in the performance of the work of the authority shall have
the same immunity and exemption from liability for torts and negligence as the
officers, agents, and employees of Randolph County when in the performance of
their public duties or work of the county.
SECTION
27.
Powers declared supplemental and additional.
Powers declared supplemental and additional.
The
foregoing sections of this Act shall be deemed to provide an additional and
alternative method for the doing of the things authorized, shall be regarded as
supplemental and additional to powers conferred by other laws, and shall not be
regarded as in derogation of any powers now existing.
SECTION
28.
Effect on other governments.
Effect on other governments.
This
Act shall not and does not in any way take from Randolph County or any
municipality located in Randolph County or any adjoining county the authority to
own, operate, and maintain a water system, a sewerage system, or a combined
water and sewerage system or to issue revenue bonds.
SECTION
29.
Liberal construction of the Act.
Liberal construction of the Act.
This
Act, being for the welfare of various political subdivisions of the state and
its inhabitants, shall be liberally construed to effect the purposes
hereof.
SECTION
30.
Repeal.
Repeal.
All
laws and parts of laws in conflict with this Act are repealed.
