HB1139: HB1139 Spalding County Water Authority Act; enact

26 LC 44 3253/AP 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,1 approved April 13, 1982 (Ga. L. 1982, p. 4987), as amended, so as to rename the authority;2 to revise the membership and compensation of the authority; to provide for powers; to3 provide for enforcement; to provide for executions for rates an d charges; to provide for4 definitions; to revise a short title; to provide for related matters; to repeal conflicting laws;5 and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 An Act creating the Spalding County Water and Sewerage Faciliti es Authority, approved9 April 13, 1982 (Ga. L. 1982, p. 4987), as amended, is amended by revising Sections 110 through 4 and adding a new section to read as follows:11 "SECTION 1.12 Short title.13 This Act may be cited as the 'Spalding County Water Authority Act.'14 H. B. 1139 - 1 - 26 LC 44 3253/AP SECTION 2.15 Spalding County Water Authority.16 (a) There is hereby created a public body corporate and politi c, to be known as the17 'Spalding County Water Authority,' which shall be deemed to be a public corporation and18 by such name, style and title, said body may contract and be contracted with, sue and be19 sued, implead and be impleaded, complain and defend in all cour ts of law and equity,20 except that the authority or the trustee acting under any trust indenture shall in no event be21 liable for any torts committed by any of its officers, agents or employees.22 (b)(1) In 1982, the Spalding County Water Authority was create d and was initially23 composed of six members. From and after April 30, 1988, the authority was composed24 of seven members, with each having been appointed by the governing body of the County25 of Spalding for a six-year term and with the respective stagger ed terms of such seven26 members ending as follows: the terms of three such members end on December 31, 1993;27 the terms of two such members end on December 31, 1995; and the terms of the other28 two such members end on December 31, 1997. From and after Apri l 30, 1993, the29 authority was composed of nine members, with the eighth such member of the authority30 being appointed by said governing body for an interim term endi ng on31 December 31, 1995, and thereafter such eighth member to be appointed by the governing32 body of Spalding County for terms of six years, with the first such six-year term ending33 on December 31, 2001. Upon the expiration of each such six-yea r term of said eight34 members, the governing body may reappoint the incumbent or appoint a successor for a35 six-year term. Any member whose term of office shall have expi red may continue to36 serve in such office until such vacancy is filled. Any vacancy at any time in the office37 of any of the eight members, a ppointed by said governing body, shall be filled by the38 governing body. Each chairperson of the governing body of Spal ding County, or a39 H. B. 1139 - 2 - 26 LC 44 3253/AP designee and appointee of such chairperson, from time to time, shall serve as the ninth40 member of said authority for terms of one calendar year.41 (2) Since 2001, the Spalding County Water Authority has been c omposed of nine42 members, eight of whom were appointed to six-year terms and one being the chairperson43 of the governing body of Spalding County or their designee for one-year terms.44 (3) From and after January 1, 2027, the governing body of Spalding County shall appoint45 eight of the members to the Spalding County Water Authority for four-year staggered46 terms after the end of each term as set forth below:47 (A) The terms of members Wanda Howell and Jim Skinner or their successors shall48 end on December 31, 2027;49 (B) The term of member Fannie Delaney or her successor shall e nd on50 December 31, 2028; 51 (C) The terms of members Jeff Brandon, Clay Davis, Cal Oxford or their successors52 shall end on December 31, 2029; and53 (D) The terms of members Wade Cannon and Dick Morrow or their successors shall54 end on December 31, 2032.55 (c) The members of the Spalding County Water Authority shall be residents of Spalding56 County. The governing body of the County of Spalding shall app oint no more than one57 member of its body to serve as a member of the Spalding County Water Authority, in58 addition to the chairperson or his or her designee.59 (d) The members of the authority shall elect one of their numb er as chairperson and60 another as vice chairperson. The members shall also elect a secretary and a treasurer, or61 a secretary-treasurer, who need not be members of the authority . An assistant secretary62 may also be elected at the discretion of the authority. Five members of the authority shall63 constitute a quorum. No vacancy on the authority shall impair the authority of the quorum64 to exercise all of the rights and powers of and perform all of the duties and obligations of65 the authority. The members of the authority shall be entitled to compensation to be set by66 H. B. 1139 - 3 - 26 LC 44 3253/AP resolution in January of each calendar year. Should the author ity fail to set its67 compensation at its January meeting the compensation from the prior year shall continue68 for that year. The compensation shall not be less than $150.00 per member for attendance69 at the regular monthly meeting and $25.00 for attendance at any approved committee70 meeting during any given month. Members shall not be paid for meetings which they did71 not attend. The board chair shall receive no less than $200.00 per month for serving as72 chair, plus an additional $25.00 for attendance at any approved committee meeting.73 Member compensation shall not exceed 20 percent of the lowest p aid Spalding County74 Commissioner. The authority may make rules and regulations and adopt bylaws for its75 own governance. The authority shall have perpetual existence.76 SECTION 3.77 Definitions.78 As used in this Act, the term:79 (1) 'Authority' shall mean the Spalding County Water Authority created by Section 2 of80 this Act.81 (2) 'Cost of the project' shall embrace the cost of constructi on, the cost of all lands,82 properties, rights, easements and franchises acquired, the cost of all machinery and83 equipment, financing charges, interest prior to and during construction, and for one year84 after completion of construction, the cost of engineering, arch itectural, fiscal and legal85 expenses, and of plans and specifications, and other expenses n ecessary or incident to86 determining the feasibility or practicability of the project, a dministrative expense, and87 such other expenses as may be necessary or incidental to the financing herein authorized,88 the construction of the project, the placing of the same in ope ration, and the89 condemnation of property necessary for such construction and operation. The cost of any90 project may also include a fund or funds for the creation of a debt service reserve, a91 H. B. 1139 - 4 - 26 LC 44 3253/AP renewal and replacement reserve and such other reserves as may be reasonably required92 by the authority with respect to the financing and operating of its projects and as may be93 authorized by any bond resolution or trust agreement or indentu re pursuant to the94 provisions of which the issuance of any such bonds may be authorized. Any obligation95 or expense incurred for any of the foregoing purposes shall be regarded as a part of the96 cost of the project and may be paid or reimbursed as such out of the proceeds of revenue97 bonds issued under the provisions of this Act for such project.98 (3) 'Project' shall be deemed to mean and include the acquisit ion and construction of99 systems, plants, works, instrumentalities, and properties:100 (A) Used or useful in connection with the obtaining of a water supply and the101 conservation, treatment, distribution and sale of water for public and private uses; and102 (B) Used or useful in connection with the collection, treatmen t and disposal of103 sewerage, waste water and storm water; together with all parts of any such system,104 plant, work, instrumentality and property and all appurtenances thereto, including lands,105 easements, rights in land, water rights, contract rights, franc hises, approaches, dams,106 reservoirs, generating stations, sewerage disposal plants, inte rcepting sewers, trunk107 connecting and other sewers and water mains, filtration works, pumping stations, and108 equipment.109 (4) 'Revenue bonds' and 'bonds' shall mean revenue bonds autho rized to be issued110 pursuant to this Act and revenue bonds may be issued by the aut hority as authorized111 herein without any other actions or proceedings.112 (5) 'Self liquidating' shall mean any project if, in the sole judgment of the authority, the113 revenues and earnings to be derived by the authority therefrom, including but not limited114 to any contractual payments, and all properties used, leased an d sold in connection115 therewith, together with any grants, will be sufficient to pay the cost of operating,116 maintaining, repairing, improving and extending the project and to pay the principal and117 interest of the revenue bonds which may be issued for the cost of such project or projects.118 H. B. 1139 - 5 - 26 LC 44 3253/AP (6) 'Sewer system' shall be deemed to include facilities and s ervices used or useful in119 connection with the collection, conveyance, treatment, pretreatment, retention, discharge120 and disposal of sewerage, waste, waste water and storm water, together with all parts of121 any such system plant, work, instrumentality, and property and all appurtenances thereto,122 including lands, easements, rights in land, water rights, contr act rights, franchises,123 approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting124 sewers, trunk connecting and other sewers and water mains, filt ration works, pumping125 stations, and equipment.126 (7) 'Water system' shall be deemed to include facilities and s ervices used or useful in127 connection with the obtaining of a water supply and conservation, treatment, and disposal128 of water for public and private uses in the authority's area of operation, whether within129 or without the boundaries of Spalding County.130 SECTION 4.131 Powers.132 The authority shall have the power:133 (1) To have a seal and alter the same at its pleasure;134 (2) To acquire by purchase, lease, gift or otherwise, and to hold, lease and dispose of real135 and personal property of every kind and character for its corporate purposes;136 (3) To acquire in its own name by purchase, on such terms and conditions and in such137 manner as it may deem proper, or by condemnation in accordance with the provisions of138 any and all existing laws applicable to the condemnation of property for public use, real139 property or rights of easements therein or franchises necessary or convenient for its140 corporate purposes, and to use the same so long as its corporate existence shall continue,141 and to lease or make contracts with respect to the use of or di spose of the same in any142 manner it deems to the best advantage of the authority, the aut hority being under no143 H. B. 1139 - 6 - 26 LC 44 3253/AP obligation to accept and pay for any property condemned under this Act except from the144 funds provided under the authority of this Act, and in any proceedings to condemn, such145 orders may be made by the court having jurisdiction of the suit, action or proceedings as146 may be just to the authority and to the owners of the property to be condemned, provided147 no property shall be acquired under the provisions of this Act upon which any lien or148 other incumbrance exists, unless at the time such property is so acquired a sufficient sum149 of money be deposited in trust to pay and redeem the fair value of such lien or150 encumbrance;151 (4) To enter into an agreement with the City of Griffin, with Spalding County or with152 any other political subdivision or municipal corporation of the state with respect to153 acquiring a source of water supply, providing sewerage service, preparing engineering154 data, plans and specifications for a water and sewerage system, extending water mains,155 apportioning the costs of constructing, extending and maintaini ng a water or sewerage156 system, or both, providing for the testing and inspection of fa cilities constructed,157 providing for rates to be charged for water and sewerage servic es furnished to users of158 said system, providing for the reading of meters and keeping of pertinent records,159 apportioning or designating the responsibility for any functions normally maintained by160 a water and sewerage system, providing for the ownership of the various facilities161 constructed or acquired, and providing for such other matters or contingencies as might162 be necessary or desirable in order to secure for Spalding County and the municipalities163 therein, including the City of Griffin, and the residents of each a satisfactory and reliable164 water and sewerage system at the most reasonable cost possible;165 (5) To operate a water system and in connection therewith:166 (A) To acquire, construct, own, operate, and maintain a water system, together with the167 right to acquire property and interests in property in connecti on therewith, including168 projects embracing sources of water supply and related facilities;169 H. B. 1139 - 7 - 26 LC 44 3253/AP (B) To sell water and its related facilities to individuals, p rivate concerns,170 governmental agencies, and municipalities and counties in the State of Georgia, and to171 accept franchises for that purpose granted by other municipalit ies and by counties of172 the State of Georgia;173 (C) To prescribe, fix, charge, impose, assess, and collect rates, fees, tolls, assessments,174 and charges and to revise from time to time and collect such ra tes, fees, tolls,175 assessments, or charges for the services, facilities, or commodities furnished by such176 water system; to classify and differentiate such rates, fees, tolls, assessments, or charges177 in any reasonable manner, taking into account such factors the authority deems178 reasonable under the circumstances; to issue executions for amounts past due; and to179 comply with any state or federal laws and regulations applicable thereto; which rates,180 fees, tolls, assessments, and charges shall be sufficient to retire any revenue bonds or181 other indebtedness incurred in the construction, maintenance, operation, and expansion182 of such water system, and to provide for any reserves and funds required to be183 maintained in connection with the issuance of any such revenue bonds, together with184 sufficient amounts to pay the current operating costs of such water system;185 (D) To adopt and establish by resolution or otherwise standards, rules, and regulations186 with respect to the operation of such water system and to enforce same and to enforce187 any other laws or ordinances of this state or Spalding County o r any other political188 subdivision thereof applicable to the water system;189 (E) To inspect all on-site sewage disposal systems which have been installed on190 property for which the authority provides water service for the purpose of ensuring the191 proper operation of such systems; to have the right of entry to go onto such property for192 the purposes of inspecting on-site sewage disposal systems and repairing such systems193 under the authority granted by this section; to recommend repairs to such systems as are194 necessary, in the opinion of the authority, to make such system s operate properly; to195 perform such repairs as the authority considers necessary to make such systems operate196 H. B. 1139 - 8 - 26 LC 44 3253/AP properly in the event that the property owner fails or refuses to perform the repairs197 recommended by the authority; or to discontinue water service i f determined198 appropriate in the discretion of the authority; to assess the cost of any repairs performed199 by the authority or its agents against the owner of the property on which such repairs200 were performed and to impose a lien for the costs of such repairs upon the real estate201 records of the clerk of the Superior Court of Spalding County or to proceed with any202 other action to collect such sums; and to take any action in an y court to enforce the203 provisions of this section; and204 (F) To take such other action as may be required to discharge all duties imposed by any205 law or regulation on Spalding County or on the authority, or on any other county,206 municipality, or other political subdivision contracting with t he authority for such207 purpose, in connection with the operation of a water system in the authority's area of208 operation;209 (6) To operate a sewer system and in connection therewith:210 (A) To acquire, construct, own, operate, and maintain a sewer system, together with211 the right to acquire property and interests in property in connection therewith;212 (B) To provide sewer services to individuals, private concerns, governmental agencies,213 and municipalities and counties in the State of Georgia, and to accept franchises for that214 purpose granted by other municipalities and by counties of the State of Georgia;215 (C) To prescribe, fix, charge, impose, assess, and collect rates, fees, tolls, assessments,216 and charges and to revise from time to time and collect such ra tes, fees, tolls,217 assessments, or charges for the services, facilities, or commodities furnished by such218 sewer system; to classify and differentiate such rates, fees, t olls, assessments, or219 charges in any reasonable manner, taking into account such factors the authority deems220 reasonable under the circumstances; to issue executions for amounts past due; and to221 comply with any state or federal laws and regulations applicable thereto; which rates,222 fees, tolls, assessments, and charges shall be sufficient to retire any revenue bonds or223 H. B. 1139 - 9 - 26 LC 44 3253/AP other indebtedness incurred in the construction, maintenance, operation, and expansion224 of such sewer system, and to provide for any reserves and funds required to be225 maintained in connection with the issuance of any such revenue bonds, together with226 sufficient amounts to pay the current operating costs of such sewer system;227 (D) To adopt and establish by resolution or otherwise standards, rules, and regulations228 with respect to the operation of such sewer system and to enforce same and to enforce229 any other laws or ordinances of this state or Spalding County o r any other political230 subdivision thereof applicable to the sewer system; 231 (E) To provide for the adoption, promulgation, establishment, and administration by232 resolution, regulation, rule, or otherwise of standards and pro visions for regulating,233 enforcing, amending, monitoring, and compelling compliance with t h e t e r m s ,234 conditions and provisions of a pretreatment program pertaining to the pretreatment of235 industrial waste-water effluent that is to be delivered into th e authority's sewerage236 system and is to be treated by the waste-water treatment facilities of the authority;237 (F) To make application to the Superior Court of Spalding Coun ty, Georgia, for238 injunctive relief against any person who has engaged in or is about to engage in any act239 or practice which constitutes or will constitute a violation of any provision of such240 pretreatment resolutions, regulations, rules, or other standard s and provisions by241 seeking an order enjoining and restraining such act or practice; and upon a showing by242 the authority that such person has engaged in or is about to engage in any such act or243 practice, a permanent or temporary injunction, restraining order, or other order shall be244 granted without the necessity of showing a lack of adequate remedy at law;245 (G) To provide that any person, firm, or corporation that fails to comply with any of246 the pretreatment standards or requirements set forth in such pr etreatment regulations247 or ordinances shall be liable to civil penalty not to exceed $1,000.00 per day for each248 day during which such noncompliance continues;249 H. B. 1139 - 10 - 26 LC 44 3253/AP (H) To take such other action as may be required to discharge all duties imposed by250 any law or regulation on Spalding County or on the authority, or on any other county,251 municipality, or other political subdivision contracting with t he authority for such252 purpose, in connection with the collection, conveyance, treatme nt, pretreatment,253 retention, discharge, and disposal of waste water in the author ity's area of operation;254 and255 (I) To take such other action as may be required to discharge all duties imposed by any256 law or regulation on Spalding County or on the authority, or on any other county,257 municipality, or other political subdivision contracting with t he authority for such258 purpose, in connection with the operation of a sewer system in the authority's area of259 operation;260 (7) To appoint, select and employ, officers, agents and employ ees, including261 engineering, architectural and construction experts, fiscal agents and attorneys, and fix262 their respective compensations to include the power to employ and discharge a general263 manager and delegate to the general manager the ability to empl oy and discharge264 authority staff and oversee the management and operations of said staff and the office of265 the authority;266 (8) To make contracts, leases and to execute all instruments n ecessary or convenient,267 including contracts for construction of projects and leases of projects or contracts with268 respect to the use of projects which it causes to be erected or acquired, and any and all269 persons, firms and corporati ons and any and all political subdi visions, departments,270 institutions or agencies of the state and all special districts and all municipal corporations271 located in Spalding County are hereby authorized to enter into contracts, leases or272 agreements with the authority upon such terms and for such purp oses as they deem273 advisable; and without limiting the generality of the above, au thority is specifically274 granted to municipal corporations, special districts and counties and to the authority to275 enter into contracts, lease agreements, or other undertakings relative to the furnishing of276 H. B. 1139 - 11 - 26 LC 44 3253/AP water and sewerage service and facilities or either of them by the authority to such277 municipal corporations, special districts and counties and by such municipal corporations,278 special districts and counties to the authority for a term not exceeding 50 years. As to any279 political subdivision, department, institution or agency of thi s state and all special280 districts and municipal corporations located in Spalding County which shall enter into an281 agreement under the authority granted herein or in subsection (d) above, the obligation282 to perform and fulfill such agreement shall constitute a general obligation of such entity283 for which its full faith and credit shall be and hereby is pledged;284 (9) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve,285 equip, operate and manage projects, as hereinabove defined, the cost of any such project286 to be paid in whole or in part from the proceeds of revenue bonds of the authority or from287 such proceeds and any grant from the United States of America o r any agency or288 instrumentality thereof or from the State of Georgia or any age ncy, instrumentality or289 political subdivision thereof;290 (10) To make loans with, and accept grants or loans of money or materials or property291 of any kind from, the United States of America or any agency or instrumentality thereof,292 upon such terms and conditions as the United States of America or such agency or293 instrumentality may impose;294 (11) To make loans with, and accept grants or loans of money, materials or property of295 any kind from, the State of Georgia or any agency, instrumental ity or political296 subdivision thereof, upon such ter ms and conditions as the Stat e of Georgia or such297 agency, instrumentality or political subdivision may impose;298 (12) To borrow money for any of its corporate purposes; to iss ue negotiable revenue299 bonds payable solely from funds pledged for that purpose, and to provide for the payment300 of the same and for the rights of the holders thereof;301 (13) To exercise any power usually possessed by private corporations performing similar302 functions, including the power to make short term loans and to approve, execute and303 H. B. 1139 - 12 - 26 LC 44 3253/AP deliver appropriate evidence of any such indebtedness, providin g, no such power is in304 conflict with the Constitution or general laws of this state;305 (14) To exercise within, throughout, and outside the territorial boundaries of Spalding306 County the following governmental functions: the right to regulate, monitor, inspect, and307 repair water or sewer utility systems and related appurtenances and facilities, pump308 stations, on-site sanitary sewerage facilities, septic tanks, g rease traps, pretreatment309 facilities, retention and detention facilities, and any and all other related equipment,310 facilities, and systems, and to determine whether any property or user has complied with311 the ordinance, rules, regulations, and permits applicable to su ch person or user. The312 authority shall the right, power, and authority to enforce such ordinances, rules,313 regulations and permits on its own behalf and in its own name b y levy of fines and314 administrative or civil penalties, issuance of stop-work orders, suspension or revocation315 of permits, or any other means determined by the authority to b e appropriate and316 necessary and otherwise as authorized by law. Any executions provided for by this Act317 or owing to the authority by virtue of the powers enumerated herein, the interest thereon318 and the expenses of collection, including without limitation reasonable attorney fees and319 out-of-pocket expenses, shall constitute a lien upon and agains t the land and other320 properties of the assessed party which lien shall be of equal priority, rank, and dignity and321 having the same attributes, rights, and powers as to collection and foreclosure thereof as322 an execution for unpaid ad valorem taxes of the State of Georgi a or Spalding County. 323 Without limiting the foregoing, the authority shall be further authorized to contract with324 any other county, municipality, special district, or other political subdivision, or the State325 of Georgia, or any department, agency, or instrumentality of the State of Georgia, or the326 federal government or any department, agency, or subsidiary corporation of the federal327 government, with respect to such governmental functions, and in such case shall be fully328 authorized to exercise such functions on behalf of any such entity throughout the territory329 contemplated by such contract;330 H. B. 1139 - 13 - 26 LC 44 3253/AP (15) To exercise enforcement powers over its water system and sewer system. The331 authority, through its agents and employees, shall have the right of entry onto public or332 private property for the purposes of surveying, testing, evalua ting, and appraising for333 suitability for water and sewer services and facilities, or for determining compliance with334 the ordinances, rules, and regulations adopted by the authority pursuant to the power335 granted by this Act or by Spalding County or by any other county, municipality, or other336 political subdivision contracting with the authority as provide d by this Act, or for337 determining compliance with any permits issued by or to the aut hority or by or to338 Spalding County or any other county, municipality, or other pol itical subdivision339 contracting with the authority. The authority shall have the right, power, and authority340 to adopt and to enforce ordinances, standards, rules, and regulations; to require permits;341 and to perform all other acts which are necessary, proper, or i ncidental to the efficient342 ownership, operation, and development of the authority's water and sewer systems; and343 this Act shall be construed liberally to that end. The authority shall have the right, power,344 and authority to issue stop-work orders, to deny, suspend, or r evoke permits, and to345 provide by rule or regulation for the assessment, imposition, a nd collection of346 assessments, fees, charges, tolls, and other amounts in connection with water and sewer347 services and facilities and the cost of collection, including w ithout limitation all348 reasonable attorneys' fees and out-of-pocket expenses incurred in connection therewith;349 (16) To adopt rules and regulations for the purposes of ensuri ng water quality and350 watershed protection in Spalding County and to enforce the same throughout the area of351 its operation. In the event that the authority determines nonc ompliance with any such352 watershed protection or water quality rules or regulations, the authority may redress any353 such noncompliance as provided for enforcement by this Act, sub ject to the appeals354 procedures also provided for by this Act. Without limiting the generality of the foregoing,355 the authority is hereby authorized to refuse to provide water or sewer service, or in areas356 where it is already providing water or sewer service, to discontinue such service, within357 H. B. 1139 - 14 - 26 LC 44 3253/AP any portion of the area of its operation if the authority deter mines in its sole discretion358 that the ordinances, rules, and regulations of the authority or of Spalding County adopted359 to assure adequate water quality in Spalding County are not being complied with in such360 areas. Furthermore, if any other political subdivision with zoning authority in such area361 of the authority's operations shall adopt zoning ordinances that fail to meet the standards362 of the authority's water protection rules or regulations or shall fail to enforce or shall by363 variance or otherwise waive the requirements of such zoning ord inance so that the364 authority's water protection rules or regulations are not being complied with in such areas,365 then in addition to and not in lieu of any other enforcement po wers granted to the366 authority by this Act or by any other provision of law, in any and all such cases the367 authority is hereby authorized to refuse to provide water or se wer service, or in areas368 where it is already providing water or sewer service, to discontinue such service in such369 area; and370 (17) To do all things necessary or convenient to carry out the powers expressly given in371 this Act.372 SECTION 4.1.373 Enforcement.374 (a) In the event the authority determines that a violation of any rule, regulation, or standard375 adopted or promulgated by the authority pursuant to the authority granted by this Act may376 have occurred, the general manager of the authority, or such other agent or employee the377 authority designates as its hearing officer, after a hearing shall determine whether or not378 any such person is in noncompliance of any such standard or requirement and may, upon379 a proper finding, issue his or her order imposing such civil pe nalties as provided in this380 Act. Any person so penalized is entitled to judicial review. In this connection, all hearings381 and proceedings for judicial review shall be in accordance with Code Section 50-13-19 of382 H. B. 1139 - 15 - 26 LC 44 3253/AP the O.C.G.A. and venue shall be in the Superior Court of Spalding County. All penalties383 recovered by the authority shall be paid into the authority's w ater and sewerage revenue384 fund, as the authority may determine based upon the nature of t he violation. Upon the385 issuance of any order assessing a civil penalty and after the expiration of 30 days following386 the date of any such order, with no appeal taken as provided in Chapter 13 of Title 50 of387 the O.C.G.A., the 'Georgia Administrative Procedure Act,' the authority, by and through388 its general manager or such other employee as the authority designates, shall have the right389 and power to issue executions on any such order assessing a civ il penalty, and in the390 amount thereof such execution shall be enforceable as provided in subsection (b) of this391 section.392 (b) Any such executions provided for by subsection (a) of this section, and any other rates,393 fees, charges, tolls, assessments, or other amounts authorized by this Act or owing to the394 authority by virtue of the powers enumerated by this Act, the i nterest thereon and the395 expenses of collection, including without limitation reasonable attorney fees and396 out-of-pocket expenses, shall constitute a lien upon and agains t the land and other397 properties of the assessed party which lien shall be of equal priority, rank, and dignity and398 having the same attributes, rights, and powers as to collection and foreclosure thereof as399 an execution for unpaid ad valorem taxes of the State of Georgia or Spalding County.400 (c) Nothing in this Act is to be construed to authorize the authority to levy or assess fines401 or civil penalties against Spalding County or its property."402 SECTION 2.403 Said Act is further amended by revising Section 25 as follows: 404 H. B. 1139 - 16 - 26 LC 44 3253/AP "SECTION 25.405 Rates, charges and revenues; use.406 The authority is hereby authorized to prescribe and fix and col lect rates, fees, tolls or407 charges, and to revise from time to time and collect such rates, fees, tolls or charges for the408 services, facilities or commodities furnished, to issue executions for amounts past due, and409 to comply with any state or federal laws and regulations applic able thereto, and in410 anticipation of the collection of the revenues of such undertak ing or project, to issue411 revenue bonds as herein provided to finance in whole or in part the cost of the acquisition,412 construction, reconstruction, improvement, betterment or extens ion of the water and413 sewerage system, and to pledge to the punctual payment of said bonds and interest thereon,414 all or any part of the revenues of such undertaking or project, including the revenues of415 improvements, betterments or extensions thereto thereafter made."416 SECTION 3.417 All laws and parts of laws in conflict with this Act are repealed.418 H. B. 1139 - 17 -