Senate Bill 567
By: Senator Harbison of the 15th
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To create the Ellaville-Schley County Parks and Recreation Authority and to authorize such
authority to provide recreational services throughout Schley County; to provide a short title;
to provide for the membership, for the appointment of members of the authority, and for
meetings of same; to provide for definitions; to describe powers of the authority; to provide
for the issuance of revenue bonds and other similar instruments; to declare the public purpose
of such instruments; to provide for certain tax exemptions; to grant the authority and its
members certain immunities; to fix the venue or jurisdiction of actions; to provide for
budgets and procedures in connection therewith; to provide for audits; to provide for funding;
to authorize employment of officers, agents, and employees; to provide for construction of
this Act; to provide for conveyance of property upon dissolution; to provide for related
matters; to provide for activation of the authority; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Ellaville-Schley County Parks and
Recreation Authority Act."
SECTION 2.
(a) There is created a body corporate and politic to be known as the Ellaville-Schley County
Parks and Recreation 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, 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. The authority shall have its principal office in
Schley County, and its legal situs or residence for the purposes of this Act shall be Schley
County. The scope of the authority's operation shall be limited to the territory embraced
within Schley County. The authority is granted the same exemptions and exclusions from
taxes as are now granted to cities and counties for the operation of facilities similar to
facilities to be owned or operated by the authority as provided under the provisions of this
Act.
(b) The authority shall consist of five members, with two members to be appointed by a
majority vote of the governing authority of Schley County, no more than one of whom may
be a member of such governing authority; two members to be appointed by a majority vote
of the governing authority of the City of Ellaville, no more than one of whom may be a
member of such governing authority; and one member shall be jointly appointed by the
governing authorities of Schley County and the City of Ellaville. Initial members of the
authority shall be appointed by July 1, 2026.
(c) To be eligible for membership on the authority, a person shall be at least 21 years of age,
shall have been a resident of Schley County for at least two years, shall reside in Schley
County during his or her membership, and, with the exception of members of the governing
authority of Schley County or the governing authority of the City of Ellaville appointed to
the authority pursuant to subparagraph (b) of this section, shall not hold an elected or
appointed public office in Schley County or any of its municipalities at the time of the
appointment.
(d) The terms of the membership of the authority members shall be as follows: the initial
joint member, one of Schley County's initial two appointees, and one of the City of Ellaville's
initial two appointees shall all serve a term to expire June 30, 2027. The remaining one of
Schley County's initial two appointees and the remaining one of the City of Ellaville's initial
two appointees shall serve a term to expire June 30, 2028. Thereafter, all appointees shall
serve terms of two years. Members may succeed themselves in office.
(e) The members of the authority shall enter upon their duties immediately upon their
appointment.
(f) The office of any member of the authority shall be declared vacant upon a determination
by a majority of the members of the authority that such authority member has been, while
in office, arrested for or convicted of a felony, a misdemeanor of a high and aggravated
nature, or a crime involving moral turpitude, has moved such member's residence from
Schley County, or has been elected or appointed to another public office during the term of
the appointment during such member's term of office. The authority shall be authorized to
remove from office any member of the authority by a vote of at least two-thirds of the
members in the event that such member of the authority is found to be guilty of misfeasance
or malfeasance in office, is found to have failed to attend three or more successive regular
meetings of the authority without a reasonable excuse approved by a resolution adopted by
the authority, or who is found to have engaged in actions or activities which are detrimental
to the carrying out of the duties and obligations of the authority.
(g) Any vacancy on the authority shall be filled within 60 days through appointment by a
majority vote of the governing authority that had appointed the authority member whose
resignation, removal, or ineligibility resulted in such vacancy. The person so appointed shall
serve for the remainder of the unexpired term.
(h) At the inception of the authority and during the month of July of each year thereafter,
except as hereinafter provided, the authority shall elect, as provided in this Act, one of its
members as chairperson, vice chairperson, and a secretary-treasurer. Such officers shall
serve a term of one year beginning on the date of their election and ending June 30 of the
succeeding year, or until their successors are duly elected and qualified. The chairperson
shall have such powers and duties as granted from time to time by resolution of the authority.
When the vice chairperson is acting on behalf of the chairperson, the vice chairperson shall
have the same duties and powers of the chairperson.
(i) The authority shall meet at least once monthly for the transaction of business. The
authority may convene in special meetings on the call of the chairperson. If the chairperson
is unable or fails to call a special meeting upon request of an authority member, the authority
may convene a special meeting upon call by a majority of its members.
(j) A majority of the members of the authority shall constitute a quorum, but no action may
be taken by the members of the authority without the affirmative vote of a majority of the full
membership of the authority. No vacancy on the authority shall impair the right of the
quorum to exercise all the rights and perform all the duties of the authority.
(k) The authority may make bylaws and other rules and regulations for its own governance,
which may include the use of Robert's Rules of Order, and may amend such rules and
regulations by a majority vote of the authority. The authority may delegate to one or more
of its officers, agents, or employees such powers and duties as may be deemed necessary and
proper.
(l) The members of the authority shall receive no compensation for their services, but shall
be reimbursed from any available funds for their actual and necessary expenses incurred in
the performance of their duties.
(m) No member 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 unless:
(1) Any interest, profit, or benefit of such member is disclosed in advance to the other
members of the authority and is recorded in the minutes of the authority;
(2) Such member having any such interest, profit, or benefit is not present during that
portion of an authority meeting when such contract, work, business, sale, lease, or
purchase is being discussed; and
(3) Such member having such interest, profit, or benefit does not participate in any
decision of the authority relating to such matter.
(n) As used in this section, an "interest, profit, or benefit" shall mean any interest that
reasonably may be expected to result in a direct financial benefit to such member as
determined by the authority, which determination shall be final and not subject to review.
(o) All meetings of the authority shall be open to the public to the extent provided in
Chapter 14 of Title 50 of the O.C.G.A.
(p) The authority shall have perpetual existence.
SECTION 3.
(a) As used in this Act, the term:
(1) "Authority" means the Ellaville-Schley County Parks and Recreation Authority
created in Section 2 of this Act.
(2) "Cost of the project" means and includes:
(A) All costs of construction, purchase, lease, or other forms of acquisition;
(B) All costs of real property and any interest therein or thereto incurred in connection
with a project, including, without limitation, land, improvements, franchises,
easements, water rights, fees, permits, approvals, licenses, and the securing thereof and
applying therefor;
(C) All costs of personal property and any interest therein or thereto incurred in
connection with a project including, without limitation, furniture, machinery,
equipment, initial fuel, and other supplies;
(D) Financing charges and interest prior to and during construction and for such
additional period as the authority may reasonably determine to be necessary or
desirable in order to place such project in operation;
(E) Costs of engineering, architectural, fiscal, and legal services;
(F) Cost of plans and specifications and all other expenses necessary or incidental to
the acquisition, construction, or equipping of any project or to determining the
feasibility or practicability of any project;
(G) Fees paid to fiscal agents for financial and other advice or supervision;
(H) Cost of administrative services and such other expenses as may be necessary or
incident to the financing authorized by this Act; and
(I) The cost of a project may also include the payment of any loan made for the
advance payment of any part of such cost, including interest thereon, and the costs of
funding any debt service reserve or other reserves, as may be reasonably required by
the authority with respect to the financing or operation of any project. Any obligation
or expense incurred for any of the purposes outlined in this paragraph shall be regarded
as part of the cost of the project and may be paid or reimbursed as such out of the
proceeds of revenue bonds, notes, or other obligations of the authority issued pursuant
to this Act.
(3) "Project" means and includes the acquisition, construction, installation, modification,
renovation, rehabilitation, equipping, maintenance, and operation of parks, athletic, and
recreational centers, facilities, and areas of any and all kinds including, but not limited
to, playgrounds, parks, swimming pools, diving and wading pools, hiking and camping
areas and facilities, picnicking areas and facilities, lakes and ponds, tennis courts, athletic
fields, athletic facilities, athletic courts, fishing and boating facilities, skateboarding
facilities, bike trails, club houses, gymnasiums, stadiums, auditoriums and amphitheaters,
recreation centers and facilities, youth centers, lands for open space, senior citizen
centers, golf courses, and equestrian facilities; the usual and convenient facilities,
buildings, improvements, machinery, and equipment appertaining thereto, and any and
all extensions, additions, and improvements of such facilities; the acquisition,
construction, installation, modification, renovation, rehabilitation, equipping,
maintenance, and operation of any parking, concession, and dining facilities thereto; and
other property of any nature whatsoever including, without limitation, land, buildings,
improvements, structures, machinery, equipment, and furniture or areas, deemed by the
authority to be necessary, convenient, or desirable in connection with any such parks,
athletic, or recreational centers, facilities, and areas.
(4) "Revenue bonds" and "bonds" means 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 which
may be issued by the authority as authorized under such article and any amendments
thereto.
(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, including the anticipated
revenues and earnings from the lease of any project, and all properties used, leased, and sold
in connection therewith shall be sufficient to pay the cost of acquiring, operating,
maintaining, repairing, improving, or extending the project and to pay the principal of and
interest on the revenue bonds or other obligations that may be issued to finance, in whole or
in part, the cost of such project or projects.
SECTION 4.
(a) The authority shall have all the powers necessary or convenient to carry out and
effectuate the purposes and provisions of this Act including, without limitation, the following
powers:
(1) To adopt a seal and alter the same at its pleasure;
(2) To provide recreational services throughout Schley County;
(3) To provide park services throughout Schley County;
(4) To develop, provide, maintain, and operate any project;
(5) To develop and provide athletic and recreational programs, activities, and services;
(6) To employ or retain agents, engineers, attorneys, fiscal agents, accountants,
architects, planners, consultants, parks and recreation directors, supervisors,
superintendents, playground leaders, maintenance personnel, administrative personnel,
and other personnel necessary for such purposes;
(7) To acquire, construct, install, modify, renovate, rehabilitate, equip, maintain, and
operate any project or portion thereof;
(8) To acquire by purchase, lease, gift, construction, or otherwise any real or personal
property, or any interest therein desired to be acquired, as part of any project or for the
purpose of improving, extending, adding to, reconstructing, renovating, or remodeling
any project or part thereof already acquired or for the purpose of demolition to make
room for any project or any part thereof. If the authority shall deem it expedient to
construct any project on any lands, the title to which shall then be in the State of Georgia,
the Governor is authorized to convey for and on behalf of the state title to such lands to
the authority upon the receipt of such lawful consideration as may be determined by the
parties to such conveyance. If the authority shall deem it expedient to lease, acquire, and
construct any project on any lands, the title to which shall be in the name of the governing
authority of Schley County or the governing authority of any municipality located in that
county, such entity is authorized in its discretion to lease or convey title to such lands to
the authority upon the receipt of such lawful consideration as may be determined by the
parties of such conveyances or upon payment for the credit of the general funds of such
county or municipalities of the reasonable value of such lands. Such reasonable value
shall be determined by mutual consent of such county or municipality and the authority
or by an appraiser to be agreed upon by the governing authority or body of such county
or municipality and the chairperson of the authority. If the authority shall deem it
expedient to lease or acquire any real or personal property from the governing body of
Schley County or of any municipality located therein, such governing body is authorized
in its discretion to lease or convey title to such real or personal property to the authority
without consideration from the authority to such governing body;
(9) To sell, convey, or assign any real or personal property, contract rights, revenues,
income, tolls, charges, or fees owned or received by the authority, provided that such
conveyance or assignment is not prohibited by the deed of such property to the authority
or otherwise prohibited by other contract of the authority;
(10) To make, execute, and perform all contracts, leases, agreements, and other
instruments deemed by the authority to be necessary or convenient in connection with the
exercise by the authority of any of its powers, including contracts for the acquisition and
construction of projects and leases of projects and contracts with respect to the use of
projects which the authority causes to be erected or acquired. Such contracts may be
made with any and all persons, firms, and corporations and with Schley County or any
municipality located in Schley County, and with the State of Georgia, or any and all of
its political subdivisions, departments, institutions, or agencies, all of whom are
authorized to enter into contracts, leases, agreements, or instruments with the authority
upon such terms and for such purposes as they deem advisable. Without limiting the
generality of this paragraph, authorization is specifically granted to municipal
corporations and counties and to the authority to enter into contracts, leases, and
sublease-agreements with the State of Georgia, or any agencies or departments thereof,
relative to any project or any property which such departments or agencies of the State
of Georgia have now or may hereafter obtain by lease from the United States
government, or any agencies or departments thereof, and the authority is specifically
authorized to convey title in fee simple to any and all of its lands and any improvements
thereon to any persons, firms, corporations, or municipalities or to the State of Georgia
or to the United States government, or any agencies or departments thereof, subject to the
rights and interest of the holders of any of the bonds or obligations issued pursuant to this
Act and by the resolution or trust indenture of the authority authorizing the issuance of
any of its bonds or obligations as provided in this Act, provided that such conveyance is
not prohibited by the deed of such property to the authority or otherwise prohibited by
other contract of the authority;
(11) To construct, erect, acquire, own, repair, remodel, renovate, rehabilitate, maintain,
add to, extend, improve, equip, operate, and manage projects as defined in this Act, on
land owned or leased by the authority or on land owned or leased by others, and to pay
all or part of the cost of any such project from the proceeds of revenue bonds or
obligations or other funds of the authority or from such proceeds or other funds or any
contributions or grants from any person, firm, or corporation or from the federal
government, or any political subdivision thereof, the State of Georgia, or any political
subdivision thereof, or any agency or instrumentality of any of the foregoing, all of which
the authority is authorized to receive, accept, and use;
(12) To accept and administer gifts, devises and grants of money, materials, or property
of any kind and to administer trusts;
(13) To borrow money for any of its corporate purposes and to execute and deliver notes,
revenue bonds, and other evidences of such indebtedness and to use the proceeds thereof
to pay all or any part of the cost of any project or refunding any outstanding indebtedness
of the authority or to pay any other cost or expense of the authority incident to or
necessary and appropriate to carry out the purposes of this Act;
(14) As security for the repayment of any indebtedness or other obligations of the
authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any
property, real or personal, of the authority and any income or revenues generated
therefrom or otherwise, and to execute any trust agreement, indenture, security deed,
mortgage, or security agreement containing any provisions not in conflict with law,
provided that such trust agreement, indenture, security deed, mortgage, or security
agreement, is not prohibited by the deed of such property to the authority or otherwise
prohibited by other contract of the authority, which trust agreement, indenture, security
deed, mortgage, or security agreement may provide for judicial or nonjudicial foreclosure
or forced sale of any property of the authority upon default on such obligations, either in
payment of any amount due and owing thereunder, or in the performance or satisfaction
of any term or condition, as are contained in such trust agreement, indenture, security
deed, mortgage or security agreement. The State of Georgia, on behalf of itself and each
county, municipal corporation, political subdivision, or taxing district therein, waives any
right which it or such county, municipal corporation, political subdivision, or taxing
district may have to prevent the foreclosure or forced sale of any property of the authority
so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed
in accordance with law and the terms thereof;
(15) To exercise any power usually possessed by private corporations performing similar
functions which is not in conflict with the Constitution or laws of this state;
(16) To do all things necessary or convenient to carry out the powers expressly given in
this Act; and
(17) To extend credit or make loans to any governmental body including, without
limitation, Schley County or any municipal corporation located therein for the planning,
design, construction, acquisition, or carrying out of any project, which credit or loans
may be secured by loan agreements, mortgages, security deeds, security agreements,
contracts, and any other instruments, fees, or charges, and upon such terms and
conditions, as the authority shall determine to be reasonable in connection with such
loans.
(b) The authority is specifically authorized from time to time to sell, lease, grant, exchange,
transfer, assign, or otherwise dispose of any surplus property, both real and personal, or any
interest therein, that the authority determines is no longer necessary or desirable in
connection with its operation or purposes, provided that such sale, lease, grant, exchange,
transfer, assignment, or other disposition is not prohibited by the deed of such property to the
authority or otherwise prohibited by other contract of the authority.
(c) Notwithstanding any other provision of this Act to the contrary, the authority shall not
have the authority to construct, improve, or maintain any road or street on behalf of, pursuant
to a contract with, or through the use of taxes or other revenues of any county or municipal
corporation to the extent such is prohibited under subparagraph (e) of Paragraph V of Section
VI of Article III of the Constitution of the State of Georgia.
SECTION 5.
The authority, or any other 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, shall have the
power and is authorized at any time, or from time to time, to provide by resolution for the
issuance of negotiable revenue bonds or other notes, bond anticipation notes, or other
evidences of indebtedness for the purpose of paying all or any part of the cost of any one or
more projects or refunding any outstanding obligations of the authority. Such bonds or other
debt instruments shall be dated and shall bear interest at such rate or rates, shall be payable
on such dates, and shall otherwise have such terms and conditions as shall be determined by
the authority. All revenue bonds shall be issued 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 all procedures
pertaining to such issuance and the conditions thereof shall be the same as those contained
in the Revenue Bond Law and any amendments thereto.
SECTION 6.
All revenue bonds and other debt instruments issued by the authority under the provisions
of this Act are declared to be issued for an essential public and governmental purpose, and
such bonds and other debt instruments, and the income thereof, shall be exempt from all
taxation by the state.
SECTION 7.
Any revenue bonds or other debt instruments issued under the provisions of this Act shall not
be deemed to constitute a debt of the State of Georgia, Schley County, or any municipality
within Schley County or a pledge of the faith and credit thereof; provided, however, that such
debt shall be payable solely from the rentals, revenues, earnings, and funds of the authority
as provided in the resolution or contract authorizing the issuance and securing the payment
of such bonds or other instruments. The issuance of such revenue bonds or other debt
instruments shall not directly, indirectly, or contingently obligate the state or any political
subdivision thereof, including Schley County and the municipalities within Schley County,
to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation
for their payment, and all such bonds or other debt instruments shall contain recitals on their
face covering substantially the foregoing provisions of this section. However, Schley
County, the municipalities within Schley County, or any other political subdivision of the
State of Georgia contracting with the authority may obligate itself to pay the amounts
required under any contract entered into with the authority from funds received from taxes
to be levied and collected for that purpose to the extent necessary to pay the obligations
contractually incurred under this section and from any other source. The obligation to make
such payments shall constitute a general obligation and a pledge of the full faith and credit
of the obligor but shall not constitute a debt of the obligor within the meaning of Paragraph I
of Section V of Article IX of the Constitution of the State of Georgia. When under any such
contract payments are obligated to be made from taxes to be levied for that purpose, then the
obligation to levy and collect such taxes from year to year in an amount sufficient to fulfill
and fully comply with the terms of such contract shall be mandatory.
SECTION 8.
The exercise of the powers conferred upon the authority in this Act shall constitute an
essential governmental function for a public purpose, and the authority shall be required to
pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction,
control, possession, or supervision, or upon its activities in the operation and maintenance
of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or
other charges for the use of such property or buildings or other income received by the
authority. The tax exemption provided in this Act shall not include an exemption from sales
and use tax on property purchased by or for the use of the authority.
SECTION 9.
The authority shall have the same immunity and exemption from liability for torts and
negligence as the State of Georgia, and the officers, agents, and employees of the authority,
when in performance of the work of the authority, shall have the same immunity from
liability for torts and negligence as officers, agents, and employees of the State of Georgia.
The authority may be sued the same as private corporations on any contractual obligation of
the authority. The property of the authority shall not be subject to levy and sale under legal
process, except as may be contractually authorized by the authority.
SECTION 10.
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 Schley County.
SECTION 11.
All funds received pursuant to this Act, whether as proceeds from the sale of revenue bonds
or other debt instruments or obligations, or as loans, revenue, rents, fees, charges, or other
earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be
held and applied by the authority solely as provided in this Act.
SECTION 12.
(a) The authority shall be funded by the governing authority of Schley County and by the
governing authority of the City of Ellaville pursuant to the terms and provisions of an
intergovernmental agreement entered into between the governing authorities and the
authority which shall address the management, operations, funding, personnel, real and
personal property, and other matters deemed necessary or appropriate to conduct the
authority's day-to-day functions and activities.
(b) The authority shall develop a budget and a financial and program work plan for both
capital and operational requirements for the authority's activities for each fiscal year. The
authority's fiscal year shall commence July 1 of each calendar year and end June 30 of each
succeeding calendar year. Such plan shall be known as the "Annual Operating and Capital
Budget of the Ellaville-Schley County Parks and Recreation Authority." The budget and plan
shall be adopted on or before December 31 of each year, with an effective date of January 1.
All projected revenues and estimated expenditures shall be clearly outlined as to source and
expenditure classification and purpose. The authority shall balance its budget at the end of
each fiscal year.
(c) Each year the authority shall have made an independent audit and examination of the
authority's financial records and transactions. Said audit shall be made in accordance with
established national audit and accounting standards. Copies of said audit shall be available
for public review.
(d) The authority may contract for legal, financial, and auditing services.
SECTION 13.
The authority is authorized to appoint, select, and employ officers, agents, and employees
to adopt rules regulations governing their services, fix their respective compensations and
terms of employment, and to contract with other entities for the provision of personnel
employed by such other entities to be provided on behalf of the authority, provided that such
personnel shall be subject to all rules and regulations of the authority governing the services
and compensation of employees of the authority.
SECTION 14.
This Act and any other law enacted with reference to the authority shall be liberally
construed for the accomplishment of the purposes of the authority.
SECTION 15.
When the authority for any reason is dissolved after full payment of all indebtedness incurred
under the provisions of this Act, both as to principal and interest, title to any property held
by the authority shall be conveyed prior to such dissolution in accordance with provisions
which may be made therefor in any deed of such property to the authority, including any
deed or other conveyance document by which such property was conveyed to the authority
by Schley County or any city located therein, or title to all property of any kind and nature,
real and personal, held by the authority at the time of such dissolution, shall be conveyed to
Schley County and the City of Ellaville, subject to any liens, leases, or any other
encumbrances that are outstanding against or in respect to said property at the time of said
conveyance as required by a then-existing intergovernmental agreement regarding the
authority to which the governing authority of Schley and the governing authority of the City
of Ellaville are parties.
SECTION 16.
The authority shall become active on July 1, 2026. The authority shall begin providing
recreational services no later than January 1, 2027.
SECTION 17.
All laws and parts of laws in conflict with this Act are repealed.