HB 1139: Spalding County Water Authority Act; enact

House Bill 1139 (AS PASSED HOUSE AND SENATE)

By: Representatives Camp of the 135th and Mathiak of the 82nd

A BILL TO BE ENTITLED

AN ACT

To amend an Act creating the Spalding County Water and Sewerage Facilities Authority, approved April 13, 1982 (Ga. L. 1982, p. 4987), as amended, so as to rename the authority; to revise the membership and compensation of the authority; to provide for powers; to provide for enforcement; to provide for executions for rates and charges; to provide for definitions; to revise a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating the Spalding County Water and Sewerage Facilities Authority, approved April 13, 1982 (Ga. L. 1982, p. 4987), as amended, is amended by revising Sections 1 through 4 and adding a new section to read as follows:

"SECTION 1.

Short title.

This Act may be cited as the 'Spalding County Water Authority Act.'

SECTION 2.

Spalding County Water Authority.

(a) There is hereby created a public body corporate and politic, to be known as the 'Spalding County Water Authority,' which shall be deemed to be a public corporation and by such name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents or employees. (b)(1) In 1982, the Spalding County Water Authority was created and was initially composed of six members. From and after April 30, 1988, the authority was composed of seven members, with each having been appointed by the governing body of the County of Spalding for a six-year term and with the respective staggered terms of such seven members ending as follows: the terms of three such members end on December 31, 1993; the terms of two such members end on December 31, 1995; and the terms of the other two such members end on December 31, 1997. From and after April 30, 1993, the authority was composed of nine members, with the eighth such member of the authority being appointed by said governing body for an interim term ending on December 31, 1995, and thereafter such eighth member to be appointed by the governing body of Spalding County for terms of six years, with the first such six-year term ending on December 31, 2001. Upon the expiration of each such six-year term of said eight members, the governing body may reappoint the incumbent or appoint a successor for a six-year term. Any member whose term of office shall have expired may continue to serve in such office until such vacancy is filled. Any vacancy at any time in the office of any of the eight members, appointed by said governing body, shall be filled by the governing body. Each chairperson of the governing body of Spalding County, or a designee and appointee of such chairperson, from time to time, shall serve as the ninth member of said authority for terms of one calendar year.

(2) Since 2001, the Spalding County Water Authority has been composed of nine members, eight of whom were appointed to six-year terms and one being the chairperson of the governing body of Spalding County or their designee for one-year terms.

(3) From and after January 1, 2027, the governing body of Spalding County shall appoint eight of the members to the Spalding County Water Authority for four-year staggered terms after the end of each term as set forth below:

(A) The terms of members Wanda Howell and Jim Skinner or their successors shall end on December 31, 2027;

(B) The term of member Fannie Delaney or her successor shall end on December 31, 2028;

(C) The terms of members Jeff Brandon, Clay Davis, Cal Oxford or their successors shall end on December 31, 2029; and

(D) The terms of members Wade Cannon and Dick Morrow or their successors shall end on December 31, 2032.

(c) The members of the Spalding County Water Authority shall be residents of Spalding County. The governing body of the County of Spalding shall appoint no more than one member of its body to serve as a member of the Spalding County Water Authority, in addition to the chairperson or his or her designee.

(d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. An assistant secretary may also be elected at the discretion of the authority. Five members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall be entitled to compensation to be set by resolution in January of each calendar year. Should the authority fail to set its compensation at its January meeting the compensation from the prior year shall continue for that year. The compensation shall not be less than $150.00 per member for attendance at the regular monthly meeting and $25.00 for attendance at any approved committee meeting during any given month. Members shall not be paid for meetings which they did not attend. The board chair shall receive no less than $200.00 per month for serving as chair, plus an additional $25.00 for attendance at any approved committee meeting. Member compensation shall not exceed 20 percent of the lowest paid Spalding County Commissioner. The authority may make rules and regulations and adopt bylaws for its own governance. The authority shall have perpetual existence.

SECTION 3.

Definitions.

As used in this Act, the term:

(1) 'Authority' shall mean the Spalding County Water Authority created by Section 2 of this Act.

(2) '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, interest prior to and during construction, and for one year after completion of construction, the 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 expense, and such other expenses as may be necessary or incidental to the financing herein authorized, the construction of the project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. 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.

(3) 'Project' shall be deemed to mean and include the acquisition and construction of systems, plants, works, instrumentalities, and properties:

(A) Used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution and sale of water for public and private uses; and

(B) Used or useful in connection with the collection, treatment and disposal of sewerage, waste water and storm water; together with all parts of any such system, plant, work, instrumentality and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting sewers, trunk connecting and other sewers and water mains, filtration works, pumping stations, and equipment.

(4) 'Revenue bonds' and 'bonds' shall mean revenue bonds authorized to be issued pursuant to this Act and revenue bonds may be issued by the authority as authorized herein without any other actions or proceedings.

(5) 'Self liquidating' shall mean any project if, in the sole judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments, and all properties used, leased and sold in connection therewith, together with any grants, will be sufficient to pay the cost of operating, maintaining, repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.

(6) 'Sewer system' shall be deemed to include facilities and services used or useful in connection with the collection, conveyance, treatment, pretreatment, retention, discharge and disposal of sewerage, waste, waste water and storm water, together with all parts of any such system plant, work, instrumentality, and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting sewers, trunk connecting and other sewers and water mains, filtration works, pumping stations, and equipment.

(7) 'Water system' shall be deemed to include facilities and services used or useful in connection with the obtaining of a water supply and conservation, treatment, and disposal of water for public and private uses in the authority's area of operation, whether within or without the boundaries of Spalding County.

SECTION 4.

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, 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 of 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, provided no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance 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 enter into an agreement with the City of Griffin, with Spalding County or with any other political subdivision or municipal corporation of the state with respect to acquiring a source of water supply, providing sewerage service, preparing engineering data, plans and specifications for a water and sewerage system, extending water mains, apportioning the costs of constructing, extending and maintaining a water or sewerage system, or both, providing for the testing and inspection of facilities constructed, providing for rates to be charged for water and sewerage services furnished to users of said system, providing for the reading of meters and keeping of pertinent records, apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system, providing for the ownership of the various facilities constructed or acquired, and providing for such other matters or contingencies as might be necessary or desirable in order to secure for Spalding County and the municipalities therein, including the City of Griffin, and the residents of each a satisfactory and reliable water and sewerage system at the most reasonable cost possible;

(5) To operate a water system and in connection therewith:

(A) To acquire, construct, own, operate, and maintain a water system, together with the right to acquire property and interests in property in connection therewith, including projects embracing sources of water supply and related facilities;

(B) To sell water and its related facilities to individuals, private concerns, governmental agencies, and municipalities and counties in the State of Georgia, and to accept franchises for that purpose granted by other municipalities and by counties of the State of Georgia;

(C) To prescribe, fix, charge, impose, assess, and collect rates, fees, tolls, assessments, and charges and to revise from time to time and collect such rates, fees, tolls, assessments, or charges for the services, facilities, or commodities furnished by such water system; to classify and differentiate such rates, fees, tolls, assessments, or charges in any reasonable manner, taking into account such factors the authority deems reasonable under the circumstances; to issue executions for amounts past due; and to comply with any state or federal laws and regulations applicable thereto; which rates, fees, tolls, assessments, and charges shall be sufficient to retire any revenue bonds or other indebtedness incurred in the construction, maintenance, operation, and expansion of such water system, and to provide for any reserves and funds required to be maintained in connection with the issuance of any such revenue bonds, together with sufficient amounts to pay the current operating costs of such water system;

(D) To adopt and establish by resolution or otherwise standards, rules, and regulations with respect to the operation of such water system and to enforce same and to enforce any other laws or ordinances of this state or Spalding County or any other political subdivision thereof applicable to the water system;

(E) To inspect all on-site sewage disposal systems which have been installed on property for which the authority provides water service for the purpose of ensuring the proper operation of such systems; to have the right of entry to go onto such property for the purposes of inspecting on-site sewage disposal systems and repairing such systems under the authority granted by this section; to recommend repairs to such systems as are necessary, in the opinion of the authority, to make such systems operate properly; to perform such repairs as the authority considers necessary to make such systems operate properly in the event that the property owner fails or refuses to perform the repairs recommended by the authority; or to discontinue water service if determined appropriate in the discretion of the authority; to assess the cost of any repairs performed by the authority or its agents against the owner of the property on which such repairs were performed and to impose a lien for the costs of such repairs upon the real estate records of the clerk of the Superior Court of Spalding County or to proceed with any other action to collect such sums; and to take any action in any court to enforce the provisions of this section; and

(F) To take such other action as may be required to discharge all duties imposed by any law or regulation on Spalding County or on the authority, or on any other county, municipality, or other political subdivision contracting with the authority for such purpose, in connection with the operation of a water system in the authority's area of operation;

(6) To operate a sewer system and in connection therewith:

(A) To acquire, construct, own, operate, and maintain a sewer system, together with the right to acquire property and interests in property in connection therewith;

(B) To provide sewer services to individuals, private concerns, governmental agencies, and municipalities and counties in the State of Georgia, and to accept franchises for that purpose granted by other municipalities and by counties of the State of Georgia;

(C) To prescribe, fix, charge, impose, assess, and collect rates, fees, tolls, assessments, and charges and to revise from time to time and collect such rates, fees, tolls, assessments, or charges for the services, facilities, or commodities furnished by such sewer system; to classify and differentiate such rates, fees, tolls, assessments, or charges in any reasonable manner, taking into account such factors the authority deems reasonable under the circumstances; to issue executions for amounts past due; and to comply with any state or federal laws and regulations applicable thereto; which rates, fees, tolls, assessments, and charges shall be sufficient to retire any revenue bonds or other indebtedness incurred in the construction, maintenance, operation, and expansion of such sewer system, and to provide for any reserves and funds required to be maintained in connection with the issuance of any such revenue bonds, together with sufficient amounts to pay the current operating costs of such sewer system;

(D) To adopt and establish by resolution or otherwise standards, rules, and regulations with respect to the operation of such sewer system and to enforce same and to enforce any other laws or ordinances of this state or Spalding County or any other political subdivision thereof applicable to the sewer system;

(E) To provide for the adoption, promulgation, establishment, and administration by resolution, regulation, rule, or otherwise of standards and provisions for regulating, enforcing, amending, monitoring, and compelling compliance with the terms, conditions and provisions of a pretreatment program pertaining to the pretreatment of industrial waste-water effluent that is to be delivered into the authority's sewerage system and is to be treated by the waste-water treatment facilities of the authority;

(F) To make application to the Superior Court of Spalding County, Georgia, for injunctive relief against any person who has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of such pretreatment resolutions, regulations, rules, or other standards and provisions by seeking an order enjoining and restraining such act or practice; and upon a showing by the authority that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law;

(G) To provide that any person, firm, or corporation that fails to comply with any of the pretreatment standards or requirements set forth in such pretreatment regulations or ordinances shall be liable to civil penalty not to exceed $1,000.00 per day for each day during which such noncompliance continues;

(H) To take such other action as may be required to discharge all duties imposed by any law or regulation on Spalding County or on the authority, or on any other county, municipality, or other political subdivision contracting with the authority for such purpose, in connection with the collection, conveyance, treatment, pretreatment, retention, discharge, and disposal of waste water in the authority's area of operation; and

(I) To take such other action as may be required to discharge all duties imposed by any law or regulation on Spalding County or on the authority, or on any other county, municipality, or other political subdivision contracting with the authority for such purpose, in connection with the operation of a sewer system in the authority's area of operation;

(7) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations to include the power to employ and discharge a general manager and delegate to the general manager the ability to employ and discharge authority staff and oversee the management and operations of said staff and the office of the authority;

(8) To make contracts, 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 erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the state and all special districts and all municipal corporations located in Spalding County are hereby 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 above, authority is specifically granted to municipal corporations, special districts and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and sewerage service and facilities or either of them by the authority to such municipal corporations, special districts and counties and by such municipal corporations, special districts and counties to the authority for a term not exceeding 50 years. As to any political subdivision, department, institution or agency of this state and all special districts and municipal corporations located in Spalding County which shall enter into an agreement under the authority granted herein or in subsection (d) above, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and hereby is pledged;

(9) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, 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 from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality or political subdivision thereof;

(10) To make loans with, and accept grants or loans 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;

(11) To make loans with, and accept grants or loans of money, materials or property of any kind from, the State of Georgia or any agency, instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality or political subdivision may impose;

(12) To borrow money for any of its corporate purposes; 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;

(13) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short term loans and to approve, execute and deliver appropriate evidence of any such indebtedness, providing, no such power is in conflict with the Constitution or general laws of this state;

(14) To exercise within, throughout, and outside the territorial boundaries of Spalding County the following governmental functions: the right to regulate, monitor, inspect, and repair water or sewer utility systems and related appurtenances and facilities, pump stations, on-site sanitary sewerage facilities, septic tanks, grease traps, pretreatment facilities, retention and detention facilities, and any and all other related equipment, facilities, and systems, and to determine whether any property or user has complied with the ordinance, rules, regulations, and permits applicable to such person or user. The authority shall the right, power, and authority to enforce such ordinances, rules, regulations and permits on its own behalf and in its own name by levy of fines and administrative or civil penalties, issuance of stop-work orders, suspension or revocation of permits, or any other means determined by the authority to be appropriate and necessary and otherwise as authorized by law. Any executions provided for by this Act or owing to the authority by virtue of the powers enumerated herein, the interest thereon and the expenses of collection, including without limitation reasonable attorney fees and out-of-pocket expenses, shall constitute a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity and having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or Spalding County. Without limiting the foregoing, the authority shall be further authorized to contract with any other county, municipality, special district, or other political subdivision, or the State of Georgia, or any department, agency, or instrumentality of the State of Georgia, or the federal government or any department, agency, or subsidiary corporation of the federal government, with respect to such governmental functions, and in such case shall be fully authorized to exercise such functions on behalf of any such entity throughout the territory contemplated by such contract;

(15) To exercise enforcement powers over its water system and sewer system. The authority, through its agents and employees, shall have the right of entry onto public or private property for the purposes of surveying, testing, evaluating, and appraising for suitability for water and sewer services and facilities, or for determining compliance with the ordinances, rules, and regulations adopted by the authority pursuant to the power granted by this Act or by Spalding County or by any other county, municipality, or other political subdivision contracting with the authority as provided by this Act, or for determining compliance with any permits issued by or to the authority or by or to Spalding County or any other county, municipality, or other political subdivision contracting with the authority. The authority shall have the right, power, and authority to adopt and to enforce ordinances, standards, rules, and regulations; to require permits; and to perform all other acts which are necessary, proper, or incidental to the efficient ownership, operation, and development of the authority's water and sewer systems; and this Act shall be construed liberally to that end. The authority shall have the right, power, and authority to issue stop-work orders, to deny, suspend, or revoke permits, and to provide by rule or regulation for the assessment, imposition, and collection of assessments, fees, charges, tolls, and other amounts in connection with water and sewer services and facilities and the cost of collection, including without limitation all reasonable attorneys' fees and out-of-pocket expenses incurred in connection therewith;

(16) To adopt rules and regulations for the purposes of ensuring water quality and watershed protection in Spalding County and to enforce the same throughout the area of its operation. In the event that the authority determines noncompliance with any such watershed protection or water quality rules or regulations, the authority may redress any such noncompliance as provided for enforcement by this Act, subject to the appeals procedures also provided for by this Act. Without limiting the generality of the foregoing, the authority is hereby authorized to refuse to provide water or sewer service, or in areas where it is already providing water or sewer service, to discontinue such service, within any portion of the area of its operation if the authority determines in its sole discretion that the ordinances, rules, and regulations of the authority or of Spalding County adopted to assure adequate water quality in Spalding County are not being complied with in such areas. Furthermore, if any other political subdivision with zoning authority in such area of the authority's operations shall adopt zoning ordinances that fail to meet the standards of the authority's water protection rules or regulations or shall fail to enforce or shall by variance or otherwise waive the requirements of such zoning ordinance so that the authority's water protection rules or regulations are not being complied with in such areas, then in addition to and not in lieu of any other enforcement powers granted to the authority by this Act or by any other provision of law, in any and all such cases the authority is hereby authorized to refuse to provide water or sewer service, or in areas where it is already providing water or sewer service, to discontinue such service in such area; and

(17) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 4.1.

Enforcement.

(a) In the event the authority determines that a violation of any rule, regulation, or standard adopted or promulgated by the authority pursuant to the authority granted by this Act may have occurred, the general manager of the authority, or such other agent or employee the authority designates as its hearing officer, after a hearing shall determine whether or not any such person is in noncompliance of any such standard or requirement and may, upon a proper finding, issue his or her order imposing such civil penalties as provided in this Act. Any person so penalized is entitled to judicial review. In this connection, all hearings and proceedings for judicial review shall be in accordance with Code Section 50-13-19 of the O.C.G.A. and venue shall be in the Superior Court of Spalding County. All penalties recovered by the authority shall be paid into the authority's water and sewerage revenue fund, as the authority may determine based upon the nature of the violation. Upon the issuance of any order assessing a civil penalty and after the expiration of 30 days following the date of any such order, with no appeal taken as provided in Chapter 13 of Title 50 of the O.C.G.A., the 'Georgia Administrative Procedure Act,' the authority, by and through its general manager or such other employee as the authority designates, shall have the right and power to issue executions on any such order assessing a civil penalty, and in the amount thereof such execution shall be enforceable as provided in subsection (b) of this section.

(b) Any such executions provided for by subsection (a) of this section, and any other rates, fees, charges, tolls, assessments, or other amounts authorized by this Act or owing to the authority by virtue of the powers enumerated by this Act, the interest thereon and the expenses of collection, including without limitation reasonable attorney fees and out-of-pocket expenses, shall constitute a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity and having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or Spalding County.

(c) Nothing in this Act is to be construed to authorize the authority to levy or assess fines or civil penalties against Spalding County or its property."

SECTION 2.

Said Act is further amended by revising Section 25 as follows: "SECTION 25.

Rates, charges and revenues; use.

The authority is hereby authorized to prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls or charges for the services, facilities or commodities furnished, to issue executions for amounts past due, and to comply with any state or federal laws and regulations applicable thereto, 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 the water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.