Bill Text: GA SB376 | 2009-2010 | Regular Session | Engrossed
Bill Title: Covington Municipal Airport Authority Act; powers, duties, membership
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-06-02 - Effective Date [SB376 Detail]
Download: Georgia-2009-SB376-Engrossed.html
10 LC
38 0997
Senate
Bill 376
By:
Senator Douglas of the 17th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create the Covington Municipal Airport Authority; to provide for a short title
and legislative findings; to confer powers and impose duties on the authority;
to provide for the membership and the appointment of members of the authority
and their terms of office, qualifications, duties, powers, and compensation; to
provide for vacancies, organization, meetings, and expenses; to prohibit
authority employees and members from having certain interests; to provide for
definitions; to provide for revenue bonds and their form, signatures thereon,
negotiability, sale, and use of proceeds from such sales; to provide for interim
documents and for lost or mutilated documents; to provide for condition for
issuance; to prohibit the pledge of credit for the payment of bonds; to provide
for trust indentures and sinking fund; to provide for payment of bond proceeds;
to provide for bondholder remedies and protection; to provide for refunding
bonds; to provide for bond validation; to provide for venue and jurisdiction; to
provide for trust funds; to provide for authority purpose; to provide for
charges; to provide for rules and regulations; to provide for tort immunity; to
provide for tax exemptions; to provide for supplemental powers; to provide for
effect on other governments; to provide for liberal construction; to provide for
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Short title.
Short title.
This
Act shall be known and may be cited as the "Covington Municipal Airport
Authority
Act."
Act."
SECTION
2.
Legislative findings.
Legislative findings.
The
General Assembly determines and finds that there is a present and projected
growth in commercial and private air traffic in the Newton County area. There
is the need for adequate airports safely and efficiently to serve the air
transportation needs of this state and Newton County, the need to eliminate
airport hazards, and the need to raise capital for the establishment, operation,
and maintenance of present and future airports. The General Assembly further
determines and finds that the establishment of an authority is necessary and
essential to ensure the welfare, safety, and convenience of citizens of the
region and the entire state and to ensure the proper economic development of the
region and the entire state.
SECTION
3.
Covington Municipal Airport Authority.
Covington Municipal Airport Authority.
(a)
There is created a body corporate and politic, to be known as the "Covington
Municipal Airport 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 bring and defend actions in all courts. The
authority shall have perpetual
existence.
(b) The authority shall consist of seven members who shall be residents of Newton County, at least two of whom shall possess expertise in aviation. Four of the members shall be appointed by the governing authority of the City of Covington for terms of office of four years each. Three of the members shall be appointed by the governing authority of the City of Covington for terms of office of three years each. Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall receive such reasonable and customary compensation for their services as such members, payable from funds of the authority, as may be established from time to time by the authority, and shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence.
(c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and have been a resident of Newton County for at least one year prior to the date of such person's appointment and shall not have been convicted of a felony.
(d) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution.
(e) A majority of the 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.
(f) A vacancy on the authority 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 who enters a plea of nolo contendere thereto; who moves such person's residence from Newton County, who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority.
(g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Newton County or residents of any area affected by the actions of the authority.
(h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority except by approval of the majority of the mayor and council of the City of Covington.
(b) The authority shall consist of seven members who shall be residents of Newton County, at least two of whom shall possess expertise in aviation. Four of the members shall be appointed by the governing authority of the City of Covington for terms of office of four years each. Three of the members shall be appointed by the governing authority of the City of Covington for terms of office of three years each. Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall receive such reasonable and customary compensation for their services as such members, payable from funds of the authority, as may be established from time to time by the authority, and shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence.
(c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and have been a resident of Newton County for at least one year prior to the date of such person's appointment and shall not have been convicted of a felony.
(d) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution.
(e) A majority of the 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.
(f) A vacancy on the authority 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 who enters a plea of nolo contendere thereto; who moves such person's residence from Newton County, who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority.
(g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Newton County or residents of any area affected by the actions of the authority.
(h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority except by approval of the majority of the mayor and council of the City of Covington.
SECTION
4.
Definitions.
Definitions.
(a)
As used in this Act, the term:
(1)
"Airport" means any area of land or structure which is or has been used or which
the authority may plan to use for the landing and taking off of commercial,
private, and military aircraft, including helicopters; all buildings, equipment,
facilities, or other property and improvements of any kind or nature located
within the bounds of any such land area or structure which are or have been used
or which the authority may plan to use for terminal facilities; all facilities
of any type for the accommodation of passengers, maintenance, servicing, and
operation of aircraft, business offices and facilities of private businesses and
governmental agencies, and the parking of automobiles; and all other activities
which are or have been carried on or which may be necessary or convenient in
conjunction with the landing, storage, and taking off of commercial, private,
and military aircraft including all lands currently owned or may be acquired in
the future by the City of Covington for airport purposes.
(2)
"Authority" means the Covington Municipal Airport Authority created by this
Act.
(3)
"Cost 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 one year after completion of construction; the cost of
engineering, architectural, fiscal agents' and legal services, 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 in this Act; the cost of the
acquisition or construction of any project; the cost of placing any project in
operation; and the cost of 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" shall be deemed to mean and include the acquisition, construction,
equipping, maintenance, and operation of an airport and the usual facilities
necessary or convenient thereto.
(5)
"Revenue bonds" and "bonds" 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 as may be issued by the authority as authorized under
said Revenue Bond Law and any amendments thereto and, in addition, shall also
mean obligations of the authority, the issuance of which are hereinafter
specifically provided for in this Act.
(b)
Any project shall be deemed "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
costs of operating, maintaining, repairing, improving, and extending the project
and to pay the principal of and interest on the revenue bonds which may be
issued to finance, in whole or in part, the cost of such project or
projects.
SECTION
5.
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 and to plan, acquire, establish, develop, construct, enlarge, improve,
maintain, equip, and lease all airports which shall come under the control of
the authority under the provisions of this Act or which it may acquire or plan
to acquire; to regulate, protect, and police such airports and all related
activities and facilities; to enter into any contracts, leases, or other
agreements, promulgate any orders, set any tolls, fees, or other charges for the
use of property or services of the authority and collect and use same as
necessary to operate the airports under control of the authority; and to
accomplish any purposes of this Act and make any purchases or sales necessary
for such purposes; except that the authority may not acquire any airport of any
county, municipality, or combination thereof unless such county or municipality
agrees to pay to the authority, so long as it operates such airport, at least
the amount of airport operating expenses funded by taxes, fees, and assessments
of such county or municipality immediately prior to such
acquisition.
(3)
To acquire in its own name by purchase, gift, or lease 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 be 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 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 to 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 of Georgia 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 with each other relating to projects of the authority for a
term not exceeding 50 years. Likewise, without limiting the generality of the
above and foregoing, the same authority above granted to municipal corporations,
counties, political subdivisions, and to 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 between 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 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 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 or such agency or instrumentality may
require;
(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 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 long or short-term loans, to give
deeds to secure debt on real property, security agreements on personal property
or any other security instruments and approve, execute, and deliver appropriate
evidence of such indebtedness, provided no such power is in conflict with the
Constitution or general laws of the State of Georgia; and
(11)
To do all other things necessary or convenient to carry out the powers expressly
given in this Act.
SECTION
6.
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 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 herein defined of any one or more projects. The principal of and
interest on such revenue bonds shall be payable solely from the special fund
provided in this Act 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
7.
Revenue bonds; form, denomination; registration; place of payment
Revenue bonds; 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 the State of
Georgia. 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
8.
Revenue bonds; signatures; seal.
Revenue bonds; 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 by the secretary of the authority and any coupons attached thereto
shall bear the facsimile signatures of the chairperson and the secretary of the
authority. Any coupon may bear the facsimile signatures of such persons and any
bond may be signed, sealed, and attested 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
9.
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
the laws of this state. Such bonds, their transfer, and the income therefrom
shall be exempt from all taxation within this state.
SECTION
10.
Revenue bonds; sale; price; proceeds.
Revenue bonds; 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
11.
Revenue bonds; interim receipts and certificates or temporary bonds.
Revenue bonds; interim receipts and certificates or temporary bonds.
Prior
to the preparation of any definitive 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
12.
Revenue bonds; replacement of lost or mutilated bonds.
Revenue bonds; 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
13.
Revenue bonds; conditions precedent to issuance.
Revenue bonds; conditions precedent to issuance.
Such
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 meeting of the authority by a majority of its
members.
SECTION
14.
Credit not pledged.
Credit not pledged.
Revenue
bonds issued under the provisions of this Act shall not be deemed to constitute
a debt of the City of Covington or Newton County nor a pledge of the faith and
credit of said city or county; but such bonds shall be payable solely from the
fund hereinafter provided for and the issuance of such revenue bonds shall not
directly, indirectly, or contingently obligate said city or county to levy or to
pledge any form of taxation whatever therefor or to make any appropriation for
their payment. All such bonds shall contain recitals on their face covering
substantially the foregoing provisions of this section.
SECTION
15.
Trust indenture as security.
Trust indenture as security.
In
the discretion of the authority, 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 of Georgia. 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 the State of Georgia to act
as such depository and to furnish such indemnifying bonds or pledge such
securities as may be required by the authority or the laws of the State of
Georgia. 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 a part of the cost of maintenance, operation, and
repair of the project affected by such indenture.
SECTION
16.
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 of this Act, subject to such regulations as this Act and
such resolution or trust indenture may provide.
SECTION
17.
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 or projects, and 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 the trust instrument may provide. Such funds so
pledged from whatever source
received, including 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 shall be pledged to and charged with the payment of:
received, including 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 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 agents for paying principal and interest and
other investment charges;
(4)
Any premium upon bonds retired by call or purchase as provided in this Act;
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 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 again be
issued.
SECTION
18.
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
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
19.
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 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 authority in respect to the same shall be
governed by the foregoing provisions of this Act insofar as the same may be
applicable.
SECTION
20.
Validation.
Validation.
Bonds
of the 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., known as 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 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 Covington Municipal Airport
Authority.
SECTION
21.
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
Newton 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
22.
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 interests
and rights of the holders of such bonds. 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 rights of the holders of such
bonds, nor will the State of Georgia itself so 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 hereof,
shall constitute a contract with the holders of such bonds.
SECTION
23.
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 revenue,
income, fees, and earnings, shall be deemed to be trust funds to be held and
applied solely as provided in this Act.
SECTION
24.
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 acquiring, constructing, equipping,
maintaining, and operating an airport and the usual facilities related thereto,
and improving of such facilities, acquiring parking facilities and parking areas
in connection therewith, acquiring the necessary property therefor, both real
and personal, and leasing or selling any or all of such facilities, including
real property, and doing any and all things deemed by the authority to be
necessary, convenient, or desirable for and incident to the efficient and proper
development and operation of such types of undertaking.
SECTION
25.
Rates, charges, and revenues; use.
Rates, charges, and revenues; use.
The
authority is authorized to prescribe and fix rates and to revise the 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 herein
provided to finance, in whole or in part, the cost of the acquisition,
construction, reconstruction, improvement, betterment, or extension of any
project and to pledge to the punctual payment of said bonds and interest
thereon, all or any part of the revenues of such undertaking or project,
including the revenues of improvements, betterments, or extensions thereto
thereafter made.
SECTION
26.
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 under the
provisions of this Act.
SECTION
27.
Tort immunity.
Tort immunity.
The
authority shall have the same immunity and exemption from liability for torts
and negligence as the City of Covington; 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 Covington when in the
performance of their public duties or work of the city.
SECTION
28.
Tax exemption.
Tax exemption.
It
is found, determined, and declared that the creation of the authority and the
carrying out of its corporate purpose is in all respects for the benefit of the
people of the State of Georgia and that the authority is an institution of
purely public charity and will be performing an essential governmental function
in the exercise of the power conferred upon it by this Act, and the State of
Georgia covenants with the holders of the bonds that the authority shall not be
required to pay any taxes or assessments upon any of the property acquired or
leased by it or under its jurisdiction, control, possession, or supervision or
upon its activities in the operation or maintenance of the projects erected by
it or any rates, fees, tolls, or other charges for the use of such projects or
other income received by the authority, and that the bonds of the authority,
their transfer, and the income therefrom shall at all times be exempt from
taxation within this state. The exemption from taxation provided for in this
section shall not extend to tenants or lessees of the authority and shall not
include exemptions from sales and use taxes on property purchased by the
authority or for use by the authority.
SECTION
29.
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 by this Act, shall be
regarded as supplemental and additional to powers conferred by other laws, and
shall not be regarded as in derogation or substitution of any powers now
existing.
SECTION
30.
Effect on other governments.
Effect on other governments.
This
Act shall not and does not in any way take from Newton County or any
municipality located therein or any adjoining county the authority to own,
operate, and maintain projects 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
31.
Liberal construction of Act.
Liberal construction of 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 of this
Act.
SECTION
32.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
33.
Repealer.
Repealer.
All
laws and parts of laws in conflict with this Act are repealed.