SB281: SB281 "Port Wentworth Convention and Visitors Bureau Authority Act"; enact

25 LC 44 3029 Senate Bill 281 By: Senator Mallow of the 2nd AS PASSED SENATE A BILL TO BE ENTITLED AN ACT To create the Port Wentworth Convention and Visitors Bureau Aut hority; to provide for a1 short title; to provide for the appointment, terms, removal, an d compensation of authority2 members; to provide for officers of the authority; to provide f or an executive director and3 employees; to provide for meetings, quorums, and majorities; to provide for the duties and4 powers of the authority; to provide for tax statutes of the aut hority; to limit liabilities; to5 provide for budget oversight; to aut horize the use of hotel-mot el tax proceeds to fund the6 authority; to provide for inspections; to place limitations on authority contracts, agreements,7 obligations, and indebtedness; to provide for related matters; to repeal conflicting laws; and8 for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 This Act shall be known and may be cited as the "Port Wentworth Convention and Visitors12 Bureau Authority Act."13 S. B. 281 - 1 - 25 LC 44 3029 SECTION 2.14 (a) The Port Wentworth Convention and Visitors Bureau Authorit y shall consist of five15 members. All members of the authority shall be at least 18 years of age and residents of the16 City of Port Wentworth or owners or employees of businesses loc ated within the city. At17 least one member shall be an owner or management employee of a hotel, motel, inn, or bed18 and breakfast located in the city. The city council shall appoint each member of the authority19 for one-year terms of office.20 (b) Any member may be removed by a two-thirds' majority vote of city council.21 (c) All members shall serve without compensation, unless otherwise permitted by law.22 SECTION 3.23 The authority shall elect a chairperson, vice chairperson, and secretary-treasurer from its24 membership. These officers shall be elected on a calendar-year basis but may be reelected25 for succeeding terms. The chairperson shall be entitled to vote on all issues.26 SECTION 4.27 The authority shall have the power to employ an executive director as may be necessary for28 the operation of the authority's activities. The authority may delegate such powers and29 responsibilities as are necessary for the executive director to administer the business of the30 authority and its agencies created in this Act or at a later date. The authority shall set policies31 governing the review of the executive director's activities. The executive director shall have32 full charge of the offices and all employees of the authority a nd shall recommend to the33 authority the hiring and termination of the employees. The authority shall establish salaries34 and compensation for the executive director and all of its employees of the authority.35 S. B. 281 - 2 - 25 LC 44 3029 SECTION 5.36 (a) The authority shall meet at such times as may be necessary to transact the business37 coming before it. Meetings of the authority shall be open to the public in accordance with38 the laws of this state. Written minutes of all meetings shall be kept, and, within ten days of39 each meeting, a copy of the minutes shall be furnished to the m ayor and city council.40 Meetings shall be conducted in accordance with Robert's Rules of Order.41 (b) Three members of the authority shall constitute a quorum f or the transaction of any42 business, including election of officers. The majority of the votes cast shall determine all43 questions and elections.44 SECTION 6.45 (a) The duties of the authority shall be to:46 (1) Promote tourism, trade, and conventions for the City of Port Wentworth;47 (2) Study, investigate, and develop plans for improving touris m in the City of Port48 Wentworth and the area and approving things that tend to bring visitors and conventions49 into the city;50 (3) Advise and recommend plans to the city council and departm ents of the city for the51 development of tourism in the city; and52 (4) Otherwise promote public interest in the general improvement of tourism in the city.53 (b) Nothing in this Act shall be construed to abridge or chang e the powers and duties of54 other authorities, departments, boards, and other such agencies of the city.55 SECTION 7.56 (a) The authority shall have all powers necessary or convenient to carry out and effectuate57 the purpose and provisions of this Act, including, but without limiting the generality of the58 foregoing, the power:59 (1) To sue and be sued in contract and in tort and to complain and defend in all courts;60 S. B. 281 - 3 - 25 LC 44 3029 (2) To adopt and alter a corporate seal;61 (3) To acquire in its own name real property or rights and easements therein and franchises62 and personal property necessary or convenient for its corporate purposes by purchase on63 such terms and conditions and in such manner as it may deem pro per or by gift, grant,64 lease, or otherwise; to insure the same against any and all ris ks as such insurance may,65 from time to time, be available; and to use such property, rent or lease the same to or from66 others, make contracts with respect to the use thereof, or sell, lease, or otherwise dispose67 of any such property in any manner it deems as the best advantage of the authority and the68 purposes thereof. Title to any such property of the authority shall be held by the authority69 exclusively for the benefit of the public;70 (4) To exercise any one or more of the powers, rights, and privileges conferred by this Act71 either alone or jointly or in common with one or more other par ties, whether public or72 private. In any such exercise of such powers, rights, and privileges jointly or in common73 with respect to the construction, operation, and maintenance of projects the authority may74 own an undivided interest in such projects with any other parties, whether public or private. 75 The authority may enter into agreements with respect to any project with the other parties76 participating therein, and any such agreement may contain such terms, conditions, and77 provisions consistent with this Act as the parties thereto may deem to be in their best78 interest;79 (5) To make and exercise contracts, agreements, and other inst ruments necessary or80 convenient to exercise the powers of the authority or to furthe r the public purpose for81 which the authority is created;82 (6) To borrow money to further or carry out its public purpose and to execute notes other83 obligations, leases, loan agreements, mortgages, deeds to secure debt trust deeds security84 agreements, assignments, and such other agreements or instruments as may be necessary85 or desirable in the judgment of the authority to evidence and to provide security for such86 borrowing;87 S. B. 281 - 4 - 25 LC 44 3029 (7) To make application directly or indirectly to any federal, state, county, or municipal88 government or agency or to any other source, whether public or private, for loans, grants89 guarantee, or other financial assistance in furtherance of the authority's public purposes and90 to accept and use the same upon such terms and conditions as ar e prescribed by such91 federal, state, county, or municipal government or agency or other source;92 (8) To enter into agreements with the federal government, state government, or any agency93 thereof to use the facilities or services of the federal government, state government, or any94 agency thereof in order to further or carry out the public purposes of the authority;95 (9) Subject to proper appropriation to the authority, to receive and use the proceeds of any96 tax levied by a political subdivision or taxing district of the state to pay the cost of any97 project or for any other purpose for which the authority may use its own funds pursuant to98 this Act;99 (10) To accept donations and appropriations of money, services, products, property, and100 facilities for expenditure and use by the authority for the accomplishment of its purpose;101 (11) To adopt bylaws governing the conduct of business by the authority, the election and102 duties of officers of the authority, and other matters which th e authority determines to103 include in its bylaws;104 (12) To invest any accumulation of its funds in any manner that public funds of the state105 or its political subdivisions may be invested; and106 (13) To do any and all things necessary or proper for the accomplishment of the objectives107 of this Act and to exercise any power usually possessed by private corporations performing108 similar functions which is not in conflict with the public purp ose of the authority or the109 Constitution and laws of this state.110 (b) The powers enumerated in each paragraph of subsection (a) of this section are111 cumulative of and in addition to those powers enumerated elsewhere in this Act and no such112 power shall limit or restrict any other power of the authority.113 S. B. 281 - 5 - 25 LC 44 3029 SECTION 8.114 The properties of the authority, both real and personal, are declared to be public properties115 used for the benefit and welfare of the people of the City of P ort Wentworth, and not for116 purposes of private or corporate benefit and income. To the extent permitted and authorized117 by general law, such properties, to the extent of the authority 's ownership therein, the118 authority, all income and obligations of the authority, and all transfers of such properties119 shall be exempt from all taxes and special assessments of the s tate or any city, county, or120 other political subdivision thereof. To the extent permitted and authorized by general law,121 the authority shall have all of the exemptions and exclusions from taxes that are now granted122 to cities and counties for the operation of properties or facil ities similar to properties and123 facilities to be owned or operated by the authority.124 SECTION 9.125 Neither the members of the authority nor any person executing notes or obligations on behalf126 of the authority shall be personally liable thereon by reason of said execution.127 SECTION 10.128 The authority shall submit an annual budget to the mayor and city council of the City of Port129 Wentworth. The City of Port Wentworth, upon approval by the city council, may fund the130 authority from the revenues the city receives from its hotel-mo tel tax. In the event such131 hotel-motel tax proceeds are provided to the authority, the aut hority shall comply with all132 provisions relative to the expenditure of said funds contained in Article 3 of Chapter 13 of133 Title 48 of the O.C.G.A., as now or hereafter in effect, and any other criteria deemed proper134 by the mayor and city council.135 S. B. 281 - 6 - 25 LC 44 3029 SECTION 11.136 The city council of the City of Port Wentworth shall be authori zed, on its own number or137 through a designated employee, agent, or representative, to inspect the state and condition138 of the authority and the properties thereto belonging, as well as all books and accounts139 pertaining to the affairs of the authority, and the authority s hall give and furnish them any140 reasonable facility and assistance in making such inspections.141 SECTION 12.142 The authority shall not have the power or authority to bind the City of Port Wentworth by143 any contract, agreement, financial obligation, indebtedness, or otherwise. No contract,144 agreement, financial obligation, or indebtedness incurred by the authority shall be a claim145 or charge against the city.146 SECTION 13.147 All laws and parts of laws in conflict with this Act are repealed.148 S. B. 281 - 7 -