Title 50, Chapter 8, Section 99.1
( 50-8-99.1)
(a) For purposes of this Code section, the term "participating
affected local government" means the governing body of a political
subdivision which is or will be affected by a regional public
project and which agrees to authorize the commission to act on its
behalf as described in this Code section. (b) In order to more efficiently coordinate and manage the planning,
development, implementation, construction, management, and operation
of public projects which are regional, rather than purely local, in
nature, the commission is authorized pursuant to this Code section
to act as the contracting and coordinating agent for the
participating affected local governments. (c) Upon receiving written approval from each participating affected
local government, the commission is authorized to act as the sponsor
and coordinator of regional public projects. Upon receipt of such
approval, the commission shall be authorized to enter into
agreements with third parties as agent on behalf of the
participating affected local governments. All agreements with third
parties related to the planning, development, implementation,
construction, management, or operation of the project shall be
between the commission as agent for the participating affected local
governments and such third parties. Upon contracting with third
parties as the project sponsor, the commission shall then enter into
subcontracts with the participating affected local governments in
order to allocate appropriately the costs and benefits associated
with the project, establish obligations and responsibilities of each
of the participating affected local governments in connection
therewith, delineate the relationships among the parties, and
address any other matters which may be necessary or convenient in
order to assure the successful completion and operation of the
project. (d) The commission shall not have the power to tax or to incur
long-term indebtedness in connection with its authority under this
Code section. The commission may make arrangements for the
financing of any project described in this Code section if
authorized by the participating affected local governments and if
any resulting debt thereby created is authorized pursuant to the
laws and Constitution of this state. Any such financing or credit
shall be extended directly to the participating affected local
governments, which shall assume all responsibility to repay same.
No debt as authorized in this subsection shall be incurred in any
manner so as to be a responsibility of an affected government unless
that affected government's portion of that debt is first approved by
a majority of the voters of such affected government voting in an
election called by the governing authority of the affected
government in the manner provided for calling and holding other
special elections if such debt is required to be so approved
pursuant to Article IX, Section V of the Constitution. |