06 LC
14 9434
House
Bill 1632
By:
Representatives Coleman of the
144th
and Roberts of the
154th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create the Historic Milan Railroad Depot Museum Authority; to provide a short
title; to provide for the appointment of members of the authority; to confer
powers upon the authority; to authorize the collection of the revenues, tolls,
fees, charges, earnings, and contract payments of the authority; to fix and
provide for the venue and jurisdiction of actions relating to any provisions of
this Act; to provide for severability; to provide an effective date; 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 "Historic Milan Railroad Depot Museum
Authority Act."
SECTION
2.
Historic Milan Railroad Depot Museum Authority.
Historic Milan Railroad Depot Museum Authority.
(a)
There is hereby created a public body corporate and politic to be known as the
"Historic Milan Railroad Depot Museum Authority," which shall be deemed to be a
political subdivision of the state 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.
(b) The authority shall consist of five members who shall be appointed for a term of four years as follows: two members will be appointed by the mayor of the City of Milan, Georgia; one member will be appointed by the chairperson of the Dodge County Commission; one member will be appointed by the chairperson of the Telfair County Commission; and one member will be appointed by a caucus of the members of the Georgia House of Representatives and the Georgia Senate who represent Dodge and Telfair counties.
(c) All appointments shall be made for terms of four years and until successors are appointed and qualified. Immediately after such appointments the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority a person shall be at least 21 years of age, a resident of the State of Georgia for at least two years prior to the date of his or her appointment, a resident of Dodge County or Telfair County, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself.
(d) Members of the authority shall receive no compensation for their service as members of the authority. If funds are available, members may be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
(e) The members of the authority shall elect one of their number as chairperson and another as a 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 or treasurer is not 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.
(f) 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.
(b) The authority shall consist of five members who shall be appointed for a term of four years as follows: two members will be appointed by the mayor of the City of Milan, Georgia; one member will be appointed by the chairperson of the Dodge County Commission; one member will be appointed by the chairperson of the Telfair County Commission; and one member will be appointed by a caucus of the members of the Georgia House of Representatives and the Georgia Senate who represent Dodge and Telfair counties.
(c) All appointments shall be made for terms of four years and until successors are appointed and qualified. Immediately after such appointments the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority a person shall be at least 21 years of age, a resident of the State of Georgia for at least two years prior to the date of his or her appointment, a resident of Dodge County or Telfair County, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself.
(d) Members of the authority shall receive no compensation for their service as members of the authority. If funds are available, members may be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
(e) The members of the authority shall elect one of their number as chairperson and another as a 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 or treasurer is not 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.
(f) 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.
SECTION
3.
Definitions.
Definitions.
As
used in this Act, the term:
(1)
"Authority" means the Historic Milan Railroad Depot Museum Authority created by
this Act.
(2)
"Costs of the project" means and embraces 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 six months after completion of construction; the cost of
engineering, architectural, fiscal
agentś
and legal expenses, plans and specifications, and other expenses necessary or
incidental to determining the feasibility or practicability of the project;
administrative expenses, and such other expenses as may be necessary or incident
to the financing herein authorized; working capital; and all other costs
necessary to acquire, construct, add to, extend, improve, equip, operate, and
maintain the project.
(3)
"Depot" means the former CSX depot located in the City of Milan,
Georgia.
(4)
"Museum" means a museum to be developed in and around the grounds of the Milan,
Georgia railroad depot building.
(5)
"Project" means all buildings, facilities, and equipment necessary or convenient
for the efficient operation of the Milan depot and museum, or any department,
agency, division, or commission thereof.
(6)
"State" means the State of Georgia.
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, gift, or otherwise, and to hold, operate,
maintain, 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 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 encumbrance exists, unless at the
time such property is so acquired a sufficient sum of money is to be 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 execute contracts, leases, installment sale agreements, and other agreements
and instruments necessary or convenient in connection with the acquisition,
construction, addition, extension, improvement, equipping, operation, or
maintenance of a project; and any and all persons, firms and corporations, the
City of Milan, Georgia, Dodge County, Georgia, and Telfair County, Georgia, are
hereby authorized to enter into contracts, leases, installment sale agreements,
and other agreements or instruments with the authority upon such terms and for
such purposes as they deem advisable and as they are authorized by
law;
(6)
To acquire, construct, add to, extend, improve, equip, hold, operate, maintain,
lease, and dispose of projects;
(7)
To pay the costs of the project with funds available to the authority or from
any grant or contribution from the United States of America or any agency or
instrumentality thereof or from the state or any agency or instrumentality or
other political subdivision thereof or from any other source
whatsoever;
(8)
To 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;
(9)
To accept loans and grants of money or materials or property of any kind from
the state or any agency or instrumentality or political subdivision thereof,
upon such terms and conditions as the state or such agency or instrumentality or
political subdivision may require;
(10)
To exercise any power usually possessed by private corporations performing
similar functions; and
(11)
To do all things necessary or convenient to carry out the powers expressly given
in this Act.
SECTION
5.
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
Dodge County, Georgia, which shall have exclusive, original jurisdiction of such
actions.
SECTION
6.
Moneys received considered trust funds.
Moneys received considered trust funds.
All
moneys received pursuant to the authority of this Act shall be deemed to be
trust funds to be held and applied solely as provided in this Act.
SECTION
7.
Purpose of the authority.
Purpose of the authority.
Without
limiting the generality of any provision of this Act, the general purpose of the
authority is declared to be that of stabilizing, renovating, and maintaining the
depot building in Milan, Georgia; developing a railroad and local history museum
at the depot and on adjacent grounds; and naming said museum.
SECTION
8.
Rates, charges, and revenues; use.
Rates, charges, and revenues; use.
The
authority is hereby authorized to prescribe and fix rates and to revise same
from time to time and to collect revenues, tolls, fees, and charges for the
services, facilities, and commodities furnished.
SECTION
9.
Rules, regulations, service policies, and
procedures for operation of projects.
Rules, regulations, service policies, and
procedures for operation of projects.
It
shall be the duty of the authority to prescribe or cause to be prescribed rules,
regulations, service policies, and procedures for the operation of any project
or projects constructed or acquired under the provisions of this Act. The
authority may adopt bylaws.
SECTION
10.
Tort immunity.
Tort immunity.
To
the extent permitted by law, the authority shall have the same immunity and
exemption from liability for torts and negligence as the City of Milan, Georgia;
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 the City of Milan, Georgia, when in the performance of their public duties.
agents, and employees of the City of Milan, Georgia, when in the performance of their public duties.
SECTION
11.
Tax-exempt status of authority.
Tax-exempt status of authority.
The
properties of the authority, both real and personal, are declared to be public
properties used for the benefit and welfare of the people of the state and not
for purposes of private or corporate benefit and income, and such properties and
the authority shall be exempt from all taxes and special assessments of any
municipality, county, or the state and any political subdivision
thereof.
SECTION
12.
Effect on other governments.
Effect on other governments.
This
Act shall not and does not in any way take from the City of Milan, Georgia, the
authority to own, operate, and maintain public facilities.
SECTION
13.
Liberal construction of Act.
Liberal construction of Act.
This
Act, being for the welfare of various political subdivisions and municipalities
of the state and its inhabitants, shall be liberally construed to effect the
purposes hereof.
SECTION
14.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
15.
Repealer.
Repealer.
All
laws and parts of laws in conflict with this Act are hereby repealed.