07 LC 28
3344
Senate
Bill 147
By:
Senators Shafer of the 48th, Balfour of the 9th, Thompson of the 5th and Weber
of the 40th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create the Gwinnett County Storm-water Authority; to authorize the storm-water
authority to acquire, construct, add to, extend, improve, operate, and maintain
storm-water management systems and facilities, and any and all other related
facilities; to confer powers and to impose duties on the storm-water authority;
to provide for the members of the storm-water authority and their term of tenure
and compensation; to authorize the storm-water authority to contract with others
pertaining to the use of the systems and facilities of the storm-water authority
and to execute leases and do all things deemed necessary or convenient for the
operation of such undertakings or projects; to authorize the issuance of revenue
bonds or obligations of the storm-water authority, payable from the revenues,
tolls, fees, charges, and earnings of the storm-water authority and to pay the
cost of such undertakings or projects and to authorize the collection and
pledging of the revenues and earnings of the storm-water authority for the
payment of such bonds or obligations and to authorize the execution of
resolutions and trust indentures to secure the payment thereof and to define the
rights of the holders of such bonds or obligations; to provide that no debt of
Gwinnett County or any municipality in Gwinnett County shall be incurred in the
exercise of any of the powers granted by this Act; to make the bonds or
obligations of the storm-water authority exempt from taxation; to authorize the
issuance of refunding bonds or obligations; to fix the venue or jurisdiction of
actions relating to any provisions of this Act and to provide that such bonds or
obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of
the O.C.G.A., the "Revenue Bond Law;" to provide for liberal construction; to
provide for severability; 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 "Gwinnett County Storm-water
Authority Act."
SECTION
2.
Gwinnett County Storm-water Authority.
Gwinnett County Storm-water Authority.
(a)
There is created a body corporate and politic to be known as the Gwinnett County
Storm-water Authority, which shall be deemed to be a political subdivision of
the State of Georgia and a public corporation by that name, style, and title and
such 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, except that
the storm-water authority or the trustee acting under the trust indenture shall
in no event be liable for any torts committed by any of the officers, agents, or
employees of the storm-water authority. The storm-water authority shall make
rules and regulations for its own government. It shall have perpetual
existence. The storm-water authority is granted the same exemptions and
exclusions from taxes as are now granted to cities and counties for the
operation by the storm-water authority as provided under the provisions of this
Act.
(b) The storm-water authority shall consist of seven members who shall be resident freeholders of Gwinnett County and who shall either have scientific training or have demonstrated experience with storm-water issues. Five of the members of the storm-water authority, members 1 through 5, inclusive, shall be selected at large and appointed by the Board of Commissioners of Gwinnett County. The Board of Commissioners of Gwinnett County, by a majority vote and for cause, may remove any of members 1 through 5, inclusive, before the expiration of that member´s term. Two members of the storm-water authority, members 6 and 7, shall be nominated by the majority vote of a committee composed of the mayor of each incorporated municipality that has agreed for Gwinnett County to provide storm-water services within its boundaries and shall be appointed to the storm-water authority by the Board of Commissioners of Gwinnett County. The initial terms of office of members 1, 3, 5, and 7 shall be from their date of appointment until December 31, 2009, and until their respective successors are selected and qualified. The initial terms of office of members 2, 4, and 6 shall be from their date of appointment until December 31, 2008, and until their respective successors are selected and qualified.
(c) Thereafter, all members selected and appointed shall serve for a term of four years and until their successors shall have been selected and appointed. Any member of the storm-water authority may be selected and appointed to succeed himself or herself. Immediately after such appointments, the members of such storm-water authority shall enter upon their duties. Any vacancy on the storm-water authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The storm-water authority shall elect one of its members as chairman and another of its members as vice chairman and it may also elect a secretary and treasurer, who do not necessarily have to be members of the storm-water authority and, if not members, they shall have no voting rights. Four of seven members of the storm-water authority shall constitute a quorum. No vacancy on the storm-water authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the storm-water authority. The members of the storm-water authority shall be compensated as determined from time to time by the governing body of Gwinnett County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties.
(d) The storm-water authority may conduct or cause to be conducted an annual audit of the financial affairs, books, and records of the storm-water authority.
(e) The storm-water authority shall be subject to all of the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia.
(f) Each member of the storm-water authority shall, not later than March 31 of each year, submit to the Board of Commissioners of Gwinnett County a financial disclosure identical to that required of public officers by Code Section 21-5-50 of the O.C.G.A., as now or hereafter amended.
(b) The storm-water authority shall consist of seven members who shall be resident freeholders of Gwinnett County and who shall either have scientific training or have demonstrated experience with storm-water issues. Five of the members of the storm-water authority, members 1 through 5, inclusive, shall be selected at large and appointed by the Board of Commissioners of Gwinnett County. The Board of Commissioners of Gwinnett County, by a majority vote and for cause, may remove any of members 1 through 5, inclusive, before the expiration of that member´s term. Two members of the storm-water authority, members 6 and 7, shall be nominated by the majority vote of a committee composed of the mayor of each incorporated municipality that has agreed for Gwinnett County to provide storm-water services within its boundaries and shall be appointed to the storm-water authority by the Board of Commissioners of Gwinnett County. The initial terms of office of members 1, 3, 5, and 7 shall be from their date of appointment until December 31, 2009, and until their respective successors are selected and qualified. The initial terms of office of members 2, 4, and 6 shall be from their date of appointment until December 31, 2008, and until their respective successors are selected and qualified.
(c) Thereafter, all members selected and appointed shall serve for a term of four years and until their successors shall have been selected and appointed. Any member of the storm-water authority may be selected and appointed to succeed himself or herself. Immediately after such appointments, the members of such storm-water authority shall enter upon their duties. Any vacancy on the storm-water authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The storm-water authority shall elect one of its members as chairman and another of its members as vice chairman and it may also elect a secretary and treasurer, who do not necessarily have to be members of the storm-water authority and, if not members, they shall have no voting rights. Four of seven members of the storm-water authority shall constitute a quorum. No vacancy on the storm-water authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the storm-water authority. The members of the storm-water authority shall be compensated as determined from time to time by the governing body of Gwinnett County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties.
(d) The storm-water authority may conduct or cause to be conducted an annual audit of the financial affairs, books, and records of the storm-water authority.
(e) The storm-water authority shall be subject to all of the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia.
(f) Each member of the storm-water authority shall, not later than March 31 of each year, submit to the Board of Commissioners of Gwinnett County a financial disclosure identical to that required of public officers by Code Section 21-5-50 of the O.C.G.A., as now or hereafter amended.
SECTION
3.
Definitions.
Definitions.
As
used in this Act, the terms:
(1) "Cost of the project" shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges and interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; the construction of any project; and the placing of the same in 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.
(2) "Project" means and includes the acquisition, engineering, construction, equipping, maintenance, operation, repair, and replacement of storm-water management systems and facilities useful and necessary for the collecting of storm water, and the treatment and release of storm water of any and every type, and additions and improvements to and extensions of such facilities so as to assure an adequate storm-water system.
(3) "Revenue bonds," "bonds," or "obligations" as used in this Act shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the storm-water authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall also mean obligations of the storm-water authority the issuance of which are specifically provided for in this Act.
(4) "Storm-water authority" means the Gwinnett County Storm-water Authority created in Section 2 of this Act.
(5) "Storm-water management systems and facilities" or "Gwinnett County´s Municipal Separate Storm Sewer System" shall mean those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catch basins, pipes, headwalls, storm drains, curbs and gutters, lakes and other physical works, properties, and improvements which transfer, control, convey, or otherwise influence either the movement of storm-water runoff or water quality, which are either owned by the county or over which the county has accepted an offer of dedication of an easement or other legally binding permanent right of use for storm-water drainage and for which the county has the obligation of maintenance for storm-water drainage purposes.
(1) "Cost of the project" shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges and interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; the construction of any project; and the placing of the same in 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.
(2) "Project" means and includes the acquisition, engineering, construction, equipping, maintenance, operation, repair, and replacement of storm-water management systems and facilities useful and necessary for the collecting of storm water, and the treatment and release of storm water of any and every type, and additions and improvements to and extensions of such facilities so as to assure an adequate storm-water system.
(3) "Revenue bonds," "bonds," or "obligations" as used in this Act shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the storm-water authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall also mean obligations of the storm-water authority the issuance of which are specifically provided for in this Act.
(4) "Storm-water authority" means the Gwinnett County Storm-water Authority created in Section 2 of this Act.
(5) "Storm-water management systems and facilities" or "Gwinnett County´s Municipal Separate Storm Sewer System" shall mean those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catch basins, pipes, headwalls, storm drains, curbs and gutters, lakes and other physical works, properties, and improvements which transfer, control, convey, or otherwise influence either the movement of storm-water runoff or water quality, which are either owned by the county or over which the county has accepted an offer of dedication of an easement or other legally binding permanent right of use for storm-water drainage and for which the county has the obligation of maintenance for storm-water drainage purposes.
SECTION
4.
Powers.
Powers.
The
storm-water authority may have the following powers:
(1)
To have a seal and alter the same its pleasure;
(2)
To acquire by purchase, lease, gift, or otherwise, and to hold, maintain, lease,
operate, 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, 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 to dispose of the same in any manner it
deems to be to the best advantage of the storm-water authority, 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; and, if the storm-water authority shall deem it expedient to
construct any project on any lands the title to which shall then be in Gwinnett
County or in any municipality incorporated in Gwinnett County, the governing
authority or body of Gwinnett County or of any of such municipalities, if the
governing authority of Gwinnett County or of any of such municipalities consents
thereto, is authorized to convey title to such lands to the storm-water
authority upon payment for the credit of the general funds of Gwinnett County or
such municipalities the reasonable value of such lands. Notwithstanding
anything to the contrary contained in this Act, the storm-water authority shall
have the right, easement, and franchise for storm-water management systems and
facilities within the rights of way of streets, roads, and highways in Gwinnett
County or within the rights of way of streets, roads, and highways in the
corporate limits of any municipality incorporated in Gwinnett County, without
cost except that the storm-water authority shall repair all damage done by the
storm-water authority by reason thereof;
(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 and execute contracts, leases, and instruments that shall be necessary
or convenient, including contracts for acquisition and construction of projects
and leases of projects or contracts with respect to the use of projects that 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 authorized to enter into contracts,
leases, or agreements with the storm-water 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 storm-water authority to
enter into contracts, lease agreements, or other undertakings relative to the
furnishing of services and facilities by the storm-water authority to such
municipal corporations, counties, and political subdivisions for a term not
exceeding 50 years;
(6)
To construct, erect, acquire, own, repair, remodel, maintain, add to, extend,
improve, equip, operate, and manage and maintain 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 or other funds of the storm-water authority or from
such proceeds or other funds and any grant from the United States of America or
any agency or instrumentality thereof or from the State of Georgia or any agency
or instrumentality thereof or from any entity created pursuant to the Georgia
Nonprofit Corporation Code, Chapter 3 of Title 14 of the O.C.G.A., or recognized
as a non-profit entity in accordance with applicable provisions of the Internal
Revenue Code;
(7)
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 impose;
(8)
To 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 impose;
(9)
To borrow money for any of its corporate purposes and to execute notes or other
evidences of such indebtedness and to secure the same;
(10)
To issue negotiable revenue bonds payable solely from funds pledged for the
purpose, and to provide for the payment of the same and for the rights of the
holders thereof;
(11)
To exercise any power usually possessed by private corporations performing
similar functions, including the power to incur short-term debt and to approve,
execute, and deliver appropriate evidence of any such indebtedness, provided
that such power is not in conflict with the Constitution and laws of this
state;
(12)
To issue revenue bonds or obligations pursuant to and in conformity with Article
3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;"
and
(13)
To do all things necessary or convenient to carry out the power expressly given
in this Act.
SECTION
5.
Revenue bonds; form; denomination; registration; place of payment.
Revenue bonds; form; denomination; registration; place of payment.
The
storm-water 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 thereof, which may be at any bank or trust company inside or outside
the state. The bonds may be issued in coupon or registered form or both as the
storm-water authority may determine and provision may be made for the
registration of any coupon bond as to principal alone and also as to both the
principal and interest.
SECTION
6.
Revenue bonds; signatures; seal.
Revenue bonds; signatures; seal.
All
such bonds shall bear the manual or facsimile signature of the chairperson of
the storm-water authority, attested by the manual or facsimile signature of the
secretary of the storm-water authority, and the official seal of the storm-water
authority or a facsimile thereof shall be affixed thereto and any coupons
attached thereto shall bear the facsimile signatures of the chairperson and
secretary of the storm-water authority. Any coupon may bear the facsimile
signatures of such persons and any bond may be signed, sealed, and attested on
behalf of the storm-water authority by such person 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 persons may not have been so authorized
or shall not have held such office. In case any officer whose signature shall
appear on any bonds or whose signature shall appear on any coupon shall cease to
be such officer before delivery of such bonds, such signature shall nevertheless
be valid and sufficient for all purposes the same as if he or she had remained
in office until such delivery.
SECTION
7.
Revenue bonds; negotiability; exemption from taxation.
Revenue bonds; negotiability; exemption from taxation.
All
revenue bonds issued under the provisions of this Act shall have and are
declared to have all the qualities and incidents of negotiable instruments under
laws of this state. Such bonds are declared to be issued for an essential
public and governmental purpose and such bonds and the income thereof shall be
exempt from all taxation within the state.
SECTION
8.
Revenue bonds; sale; proceeds.
Revenue bonds; sale; proceeds.
The
storm-water authority may sell such bonds in such manner and for such price as
it may determine to be for the best interest of the storm-water authority, and
the proceeds derived from the sale of such bonds shall be used solely for the
purpose provided in the proceedings authorizing the issuance of such
bonds.
SECTION
9.
Revenue bonds; interim receipts and certificates or temporary bonds.
Revenue bonds; interim receipts and certificates or temporary bonds.
Prior
to the preparation of definitive bonds, the storm-water 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
10.
Revenue bonds; replacement of lost or mutilated bonds.
Revenue bonds; replacement of lost or mutilated bonds.
The
storm-water authority may also provide for the replacement of any bond or any
coupons that shall become mutilated or be destroyed or lost.
SECTION
11.
Revenue bonds; conditions precedent to issuance.
Revenue bonds; conditions precedent to issuance.
Such
revenue bonds shall be issued as required by Article 3 of Chapter 82 of Title 36
of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the
issuance of revenue bonds under the provisions of this Act shall become
effective immediately upon passage; and any such resolution may be passed at any
regular or special or adjourned meeting of the storm-water authority by a
majority of its members.
SECTION
12.
Credit not pledged.
Credit not pledged.
Revenue
bonds issued under the provisions of this Act shall not constitute a debt of
Gwinnett County or any municipality in Gwinnett County, nor a pledge of the
faith and credit of Gwinnett County or any such municipality, but such bonds
shall be payable solely from the fund provided for in this Act and the issuance
of such revenue bonds shall not directly, indirectly, or contingently obligate
Gwinnett County or any such municipality to levy or to 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
13.
Trust indenture as security.
Trust indenture as security.
In
the discretion of the storm-water authority, any issue of such revenue bonds may
be secured by a trust indenture by and between the storm-water authority and a
corporate trustee, which may be any trust company or bank having the powers of a
trust company inside or outside of the state. Such trust indenture may pledge
or assign fees, tolls, revenues, and earnings to be received by the storm-water
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
storm-water authority in relation to the acquisition of property, the
construction of the project, the maintenance, operation, repair, and insurance
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 storm-water authority, 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 storm-water 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 storm-water 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 a part of the cost of maintenance, operation, and
repair of the project affected by such indenture.
SECTION
14.
To whom proceeds of bonds shall be paid.
To whom proceeds of bonds shall be paid.
The
storm-water authority shall, in the resolution providing for the issuance of
revenue bonds or in the trust indenture, 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 that shall act as trustee of such funds and shall hold and apply
the same to the purposes provided for in this Act, subject to such regulations
as this Act and such resolution or trust indenture may provide.
SECTION
15.
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 storm-water
authority to the payment of the principal and interest on revenue bonds of the
storm-water 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 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 on revenue bonds as such interest shall fall due;
(2)
The principal of the bonds as the same shall fall due;
(3)
Any premium upon bonds acquired by redemption, payment, or
otherwise;
(4)
The necessary charges of the paying agent or agents for paying principal and
interest; and
(5)
Any investment fees or charges.
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 in 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 canceled and shall not be
reissued, printed, or delivered.
SECTION
16.
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 by this Act may be restricted by
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 by 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 storm-water
authority, or any officer thereof, including the fixing, charging, and
collecting of revenues, fees, tolls, fines, and other charges for the use of the
facilities and services furnished.
SECTION
17.
Refunding bonds.
Refunding bonds.
The
storm-water authority is authorized to provide by resolution for the issuance of
bonds of the storm-water 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 thereon and 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 storm-water authority
with respect to the same shall be governed by the foregoing provisions of this
Act insofar as the same may be applicable.
SECTION
18.
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 the storm-water authority shall be brought in the
Superior Court of Gwinnett County, Georgia, and any action pertaining to
validation of any bonds issued under the provisions of this Act shall likewise
be brought in such court, which shall have exclusive, original jurisdiction of
such actions.
SECTION
19.
Validation.
Validation.
Bonds
of the storm-water authority shall be confirmed and validated in accordance with
the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the
"Revenue Bond Law;" 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 that has
contracted with the storm-water 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, why such contractor
contracts and the terms and conditions thereof shall not be inquired into by the
court and the validity of the terms thereof be determined and the contract or
contracts adjudicated as a part of the basis of the security for the payment of
any such bonds of the storm-water 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, the state and any municipality, county, authority,
political subdivision, or instrumentality thereof, if a party to the validation
proceedings, contracting with the Gwinnett County Storm-water
Authority.
SECTION
20.
Interest of bondholders protected.
Interest of bondholders protected.
(a)
While any of the bonds issued by the storm-water authority remain outstanding,
the powers, duties, or existence of the storm-water authority or of 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 that will
compete with the storm-water authority to such an extent as to affect adversely
the interest and rights of the holders of such bonds, nor will the state itself
so compete with the storm-water
authority.
(b) The provisions of this Act shall be for the benefit of the storm-water 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.
(b) The provisions of this Act shall be for the benefit of the storm-water 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
21.
Moneys received considered trust funds.
Moneys received considered trust funds.
All
moneys received pursuant to the authority of this Act, whether as proceeds from
the sale of revenue bonds, as grants or other contributions, or as revenues,
income, fees, and earnings, shall be deemed to be trust funds to be held and
applied solely as provided in this Act.
SECTION
22.
Tort immunity.
Tort immunity.
To
the extent permitted by law, the storm-water authority shall have the same
immunity and exemption from liability for torts and negligence as Gwinnett
County, and the officers, agents, and employees of the storm-water authority
when in the performance of the work of the storm-water authority shall have the
same immunity and exemption from liability for torts and negligence as the
officers, agents, and employees of Gwinnett County when in performance of their
public duties or work of the county.
SECTION
23.
Tax exempt status of storm-water authority.
Tax exempt status of storm-water authority.
The
properties of the storm-water 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 storm-water authority shall be exempt from all taxes and
special assessment of any city, county, or the state or any political
subdivision thereof.
SECTION
24.
Billing and collection.
Billing and collection.
The
storm-water authority shall include the rates, fees, tolls, and charges for the
services, facilities, or commodities furnished by the authority on the general
tax bill issued by the county. Said rates, fees, tolls, and charges levied to
pay the cost of such storm-water services, facilities, and commodities shall be
collected by the Gwinnett County Tax Commissioner in the same manner as taxes
are collected. The storm-water authority shall have no authority to set rates,
fees, tolls, or charges and any rate, fee, toll, or charge levied shall first be
approved by the Board of Commissioners of Gwinnett County.
SECTION
25.
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 by this Act and 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. This Act
does not in any way take from Gwinnett County or any municipality located
therein or any adjoining county the authority to own, operate, and maintain a
storm-water sewerage system or to issue revenue bonds as is provided by Article
3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond
Law."
SECTION
26.
Liberal construction of Act.
Liberal construction of Act.
This
Act being for the welfare of various political subdivisions of the State of
Georgia and their inhabitants shall be liberally construed to effect the
purposes hereof.
SECTION
27.
Severability.
Severability.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the other sections, subsections, sentences, clauses, or phrases
of this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it had
known that such part or parts hereof would be declared or adjudged invalid or
unconstitutional.
SECTION
28.
Repealer.
Repealer.
All
laws and parts of laws in conflict with this Act are repealed.