13

Section 99-13 ARTICLE XIII. THOMASVILLE PAYROLL DEVELOPMENT AUTHORITY

Section 13.1. Constitutional amendment.

That constitutional amendment creating the Thomasville Payroll Development Authority having been continued in force and effect by an Act approved March 27, 1985 (Ga. L. 1985, p. 4552), pursuant to the authority of Article XI, Section I, Paragraph IV(b) of the Constitution, the text of such amendment is as provided in Section 13.2 of this article. Since such continued amendment may not be amended, for purposes of that amendment only, the City Council of Thomasville established by this charter shall be deemed to be the Commissioners of the City of Thomasville referred to in that amendment.

Section 13.2. [Text of amendment.]

A. There is hereby created a body corporate and politic to be known as the Thomasville Payroll Development Authority; which shall be deemed to be an instrumentality of the City of Thomasville and a public corporation, and in that name, style and title such body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change same may be accomplished by an Act of the General Assembly.

B. The said Authority is created for the purpose of expanding and developing industry in the City of Thomasville and County of Thomas and for improving the general welfare of said county.

C. The Authority shall consist of five (5) members one of whom shall be the Mayor of the City of Thomasville; one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of Thomas County; one of whom shall be the President of the Thomasville-Thomas County Chamber of Commerce; the remaining two members shall be appointed by the Council of the City of Thomasville.

(1) The terms of office of the members representing the Mayor of the City of Thomasville, the Chairman of the Board of Commissioners of Roads and Revenues of Thomas County, and the President of the Thomasville-Thomas County Chamber of Commerce, shall run concurrently with their tenure[s] of office and their successor[s] in such respective offices shall succeed them as members of the said Authority.

2) The term of office as a member of the Authority with respect to the two remaining members shall be three years and until their successor[s] is [are] elected and qualified. In case of a vacancy the Council of the City of Thomasville shall elect a successor whose term shall be for three years, and until his successor is elected and qualified.

(3) Upon election or qualifying by virtue of holding the office of Mayor of the City of Thomasville, President of the Thomasville-Thomas County Chamber of Commerce or Chairman of the Board of Commissioners of Roads and Revenues of Thomas County the members shall subscribe to the following oath which shall be filed in the office of the Clerk of the City of Thomasville, to-wit: "I do solemnly swear that I will fully and fairly perform the duties as a member of the Thomasville Payroll Development Authority without remuneration, So Help Me God."

(4) In the event the Mayor of the City of Thomasville, The President of the Thomasville-Thomas County Chamber of Commerce, or the Chairman of the Board of Commissioners of Roads and Revenues of Thomas County shall resign as a member of said authority during their [his] term of office, or fail and refuse to qualify and take the prescribed oath, then there shall be deemed a vacancy which may be filled by the Council of the City of Thomasville by election of a member whose term shall run concurrently with the term of office of such official refusing to qualify and serve.

(5) The members of the said Authority shall be entitled to no compensation.

D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word "Authority" shall mean the "Thomasville Payroll Development Authority," created hereby.

(2) The word "Project" shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.

(3) The term "cost of project" shall embrace the cost of construction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project.

E. The County of Thomas and the City of Thomasville are expressly authorized to enter into contracts with the Authority as a public corporation.

F. Any three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes.

G. The powers of the Authority herein created shall include, but not be limited to, the power:

(1) To have a seal and alter the same at pleasure.

(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Thomasville and the County of Thomas, and other municipalities and other political subdivisions and with private persons and corporations.

(3) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes.

(4) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to and for land, buildings, and property of all kinds within the County of Thomas.

(5) To enter into contracts for periods of time not in excess of one hundred (100) years.

(6) 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 easement 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 the authority hereby granted except from funds provided under the authority hereby granted, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Thomas and/or the City of Thomasville, the governing authorities of the County of Thomas and the City of Thomasville are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority.

(7) To encourage and promote the expansion of industry, trade, agriculture, commerce and recreation in the City of Thomasville, County of Thomas, and to make a long range plan therefor.

(8) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.

(9) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects, and leases, and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.

(10) To construct, erect, acquire, own, repair, remodel maintain, extend, improve, sell, equip, expand, add to, operate and manage projects and to pay the costs of any such project from the proceeds of revenue-anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.

(11) To elect its own officers from the membership of the Authority; to elect an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter.

(12) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761-774), and as subsequently amended, with reference to the issuance of such revenue-anticipation certificates and validation of same insofar as such pertain to the corporate purposes of the Authority.

(13) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof.

(14) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds or certificates issued by the Authority.

(15) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages, deeds to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing.
(16) To do all things within its powers to encourage industrial growth and agricultural development in Thomas County, and to encourage the location of new industries in said county.

(17) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State.

(18) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

(19) To receive and administer gifts, grants and donations and to administer trusts.

(20) To do all things necessary and convenient to carry out the powers expressly conferred by this Resolution, upon the Authority.

(21) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

H. The City of Thomasville is hereby authorized to levy and collect an annual ad valorem tax not to exceed one (1) mill for developing and promoting industry and agriculture, and is hereby directed to pay the Authority all funds derived from such levy to be used for the purposes provided herein.

I. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.

J. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Thomasville, the State of Georgia, nor Thomas County.

K. The property, obligations and interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Thomasville.

L. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

M. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any persons, firm or corporation.

N. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall revert to the City of Thomasville subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property.

O. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and a copy of the same shall be filed with the Clerk of the City of Thomasville, and shall be available for public inspection; the City of Thomasville may at any time, at its own expense, have such books and records audited. (Ord. of 6-12-95(1), I(N))