Valdosta-Lowndes County Industrial Authority Act

The Act of the Georgia Legislature that created VLCIA in 1960.

Note III.4.F:

F. To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Valdosta, County of Lowndes, and to make long-range plans therefor.

Hm, so its board appears to have understated the range of VLCIA's state-chartered scope when it stated:

"We're industrial development."

See also Section 9. - Liberal construction.

This Act was found via search.municode.com, which notes:

Editor's note—Printed in this article is 1960 Ga. Laws, page 2786, as adopted by the Georgia General Assembly. Amendments to this act are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original act. An act (1960 Ga. Laws, page 1359), substantially identical to the act set forth in this article, was also passed as a constitutional amendment. Such constitutional amendment was continued in force and effect by 1985 Ga. Laws, page 3653, as a part of the state constitution.

The text of the Act is appended below.

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ARTICLE III. - Valdosta-Lowndes County Industrial Authority

Section 1. - [Title.]

Section 2. - [Created.]

Section 3. - [Members.]

Section 4. - [Powers.]

Section 5. - [Ad valorem tax authorized.]

Section 6. - Powers.

Section 7. - Property tax exempt; exemptions not applicable to tenants.

Section 8. - Audits.

Section 9. - Liberal construction.

Section 1. - [Title.]

This act may be cited as the Valdosta-Lowndes County Industrial Authority Act.

Section 2. - [Created.]

There is hereby created a body corporate and politic in the County of Lowndes and the City of Valdosta, to be known as the Valdosta-Lowndes County Industrial Authority and to be hereafter in this amendment referred to as the "authority," for the purpose of expanding and developing industry and agriculture in the City of Valdosta and the County of Lowndes and for improving the general welfare of the people of said county. The authority herein created shall be a public corporation and an instrumentality of the County of Lowndes and the City of Valdosta.

Section 3. - [Members.]

The authority shall consist of five members as follows: Two members shall be appointed by the mayor and council of the City of Valdosta; two members shall be appointed by the commissioners of roads and revenues of Lowndes County, and a fifth member shall be appointed by the joint and concurrent action of the mayor and council of the City of Valdosta and the commissioners of roads and revenues of Lowndes County, and the respective terms of the members shall begin as follows:

(a) The first member appointed by the City of Valdosta shall be appointed for a term of one (1) year;

(b) The first member appointed by the Lowndes County commissioners shall be appointed for a term of two (2) years;

(c) The member appointed by the joint action of the City of Valdosta and the Lowndes County commissioners shall be appointed for a term of three (3) years;

(d) The second member appointed by the Lowndes County commissioners shall be appointed for a term of four (4) years;

(e) The second member appointed by the City of Valdosta shall be appointed for a term of five (5) years;

and thereafter upon the expiration of such terms, successors shall be appointed for a term of five years by the political body who appointed the member whose term is expiring. All members who have served on said authority shall be eligible for reappointment to succeed themselves if they are reappointed by said political subdivisions. Should any member resign, or be unable to serve, or move beyond the boundary of Lowndes County, his successor shall be appointed to serve his remaining term by the political subdivision who originally appointed the member being removed.

Section 4. - [Powers.]

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

A. 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 Valdosta, other municipalities and other political subdivisions and with private persons and corporations;

B. To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the County of Lowndes.

C. To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within the County of Lowndes or at any place within Lowndes County. The provisions of this clause shall not be construed to limit any other power of the authority.

D. To borrow money and to issue revenue anticipation bonds, and notes therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, income and/or anticipated tax revenue as security therefor;

E. 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 of this act except from 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 proceeding as may be just to the authority and to the owners of the property to be condemned.

F. To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Valdosta, County of Lowndes, and to make long-range plans therefor.

G. 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;

H. To elect its own officers from the membership of said authority and to authorize and empower such officers to act for the authority generally or any specific matter;

I. To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys and fix their compensation, and to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the authority;

J. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, equip and sell any project, to be located on property owned by or leased by the authority, the cost of such project to be paid in whole or in part from the proceeds of the revenue bonds or certificates of the authority, or, in whole or in part, from tax revenue;

K. To exercise all the powers, rights and privileges of and be subject to the same liabilities as a municipality under the provisions of the Revenue Bond Law (Ga. Laws 1937, p. 761; Ga. Laws 1957, p. 36); with reference to the issuance of revenue anticipation bonds in so far as such pertain to the corporate purposes of the authority;

L. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds, anticipated tax or other revenue, or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

M. To use the rents, profits and proceeds from the projects erected, leased or sold, or any other funds or revenue to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds issued by the authority;

N. To do all things within its powers to encourage the industrial and agricultural development of Lowndes County, and to encourage the location of new industries in said county;

O. To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the constitution and laws of this state.

P. To do all things necessary and convenient to carry out the powers expressly given in this act.

Q. To receive and administer gifts, grants and donations and to administer trusts.

Section 5. - [Ad valorem tax authorized.]

The City of Valdosta is hereby authorized to levy and collect an annual ad valorem tax not to exceed two (2) mills 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. The County of Lowndes is hereby authorized to levy and collect an annual ad valorem tax not to exceed two (2) mills for developing and promoting industry and agriculture, and is hereby directed to pay to the authority all funds derived from such levy to be used for the purposes provided herein.

Section 6. - Powers.

The authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Valdosta, the State of Georgia, nor Lowndes County.

Section 7. - Property tax exempt; exemptions not applicable to tenants.

The property, obligations and the 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 Valdosta and Lowndes County.

The exemptions from taxation herein provided shall not extend to tenants nor lessees of the authority. The right of any private person to use or occupy any real estate of the authority for a period of five years or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the general assembly may hereafter provide by general or local law.

Section 8. - Audits.

The books and records of the authority shall be audited at least annually, at the expense of the authority, by a competent auditor. The authority shall furnish copies of said audit to the County of Lowndes and the City of Valdosta.

Section 9. - Liberal construction.

This act, being for the purpose of developing and promoting the public good and the welfare of the County of Lowndes and the City of Valdosta and their inhabitants, shall be liberally construed to effect the purposes hereof.