Title 12, Chapter 3, Section 483
( 12-3-483)
(a) The authority or any authority or body which may succeed to the
powers, duties, and liabilities vested in the authority is
authorized at one time, or from time to time, to provide by
resolution for the issuance of revenue bonds for the purpose of
paying all or any part of the cost, as defined in this part, of any
one project or a combination of projects. The principal and
interest of such revenue bonds shall be payable solely from the
special fund provided in subsection (n) of this Code section for
such payment. The bonds of each issue shall be dated and shall
mature at such times and bear interest at such rates as may be
determined by the authority, payable in such medium of payment as to
both principal and interest as may be determined by the authority,
and may be made redeemable before maturity, at the option of the
authority, at such price or prices and under such terms and
conditions as may be fixed by the authority in the resolution
providing for the issuance of the bonds. (b) The authority shall determine the form of the bonds, including
any interest coupons to be attached thereto, and shall fix the
denomination or denominations of the bonds and the place or places
of payment of principal and interest thereof, which may be at any
bank or trust company inside or outside the state. The bonds may be
issued in coupon or registered form, or both, as the authority may
determine, and provision may be made for the registration of any
coupon bond as to principal alone and also as to both principal and
interest. (c) In case any officer whose signature appears on any bonds or
whose facsimile signature appears on any coupon ceases to be such
officer before the delivery of such bonds, such signature shall
nevertheless be valid and sufficient for all purposes the same as if
he had remained in office until such delivery. All such bonds shall
be signed by the chairman or vice chairman of the authority, and the
official seal of the authority shall be affixed thereto and attested
by the secretary or assistant secretary of the authority; and any
coupons attached thereto shall bear the signature or facsimile
signature of the chairman or vice chairman of the authority. Any
coupon may bear the facsimile signature of such person, and any bond
may be signed, sealed, and attested on behalf of the authority by
such persons as at the actual time of the execution of such bonds
shall be duly authorized or hold the proper office, although at the
date of such bonds such persons may not have been so authorized or
shall not have held such office. (d) All revenue bonds issued under this part shall have and are
declared to have all the qualities and incidents of negotiable
instruments. Such bonds and the income therefrom shall be exempt
from all taxation within the state. (e) The authority may sell bonds in such manner and for such price
as it may determine to be for the best interests of the authority. (f) The proceeds of bonds shall be used solely for the payment of
the cost of the project and shall be disbursed upon requisition or
order of the chairman or vice chairman of the authority under such
restrictions, if any, as provided by the resolution authorizing the
issuance of the bonds or by the trust indenture mentioned in
subsection (k) of this Code section.
(g) Prior to the preparation of definitive bonds, the authority may,
under like restrictions, issue interim receipts, interim
certificates, or temporary bonds, with or without coupons,
exchangeable for definitive bonds upon the issuance of the latter. (h) The authority may provide for the replacement of any bond which
becomes mutilated or is destroyed or lost. (i) Revenue bonds may be issued without the conducting of any
proceedings, the existence of any conditions, or the happening of
any events other than those proceedings, conditions, and events
which are specified or required by this part. In the discretion of
the authority, revenue bonds of a single issue may be issued for the
purpose of paying the cost of any one or more, including a
combination of, projects at any one institution or any number of
institutions. Any resolution providing for the issuance of revenue
bonds under this part shall become effective immediately upon its
passage and need not be published or posted. Any such resolution
may be passed at any regular, special, or adjourned meeting of the
authority by a majority of its members. (j) Revenue bonds issued under this part shall not be deemed to
constitute a debt of the State of Georgia or a pledge of the faith
and credit of the state. Such bonds shall be payable solely from
the fund provided for in subsections (m) through (p) of this Code
section, and the issuance of such revenue bonds shall not directly,
indirectly, or contingently obligate the state to levy or to pledge
any form of taxation whatever therefor or to make any appropriation
for their payment. All such bonds shall contain recitals on their
faces covering substantially the foregoing provisions of this Code
section. Anything in this Code section to the contrary
notwithstanding, such funds as may be received from state
appropriations or from any other source are declared to be available
and may be used by any department, board, commission, or agency of
the State of Georgia for the performance of any lease contract
entered into by such department, board, commission, or agency with
the authority. (k)(1) In the discretion of the authority, any issue of revenue
bonds may be secured by a trust indenture by and between the
authority and a corporate trustee, which may be any trust company
or bank having the powers of a trust company inside or outside of
the state. Such trust indenture may pledge or assign rents,
revenues, and earnings to be received by the authority. (2) Either the resolution providing for the issuance of revenue
bonds or the trust indenture may contain such provisions for
protecting and enforcing the rights and remedies of the
bondholders as may be reasonable and proper and not in violation
of law, including covenants setting forth the duties of the
authority in relation to the acquisition of property, the
construction of the project, the maintenance, operation, repair,
and insurance of the project, and the custody, safeguarding, and
application of all moneys. The resolution or indenture may also
provide that any project shall be constructed and paid for under
the supervision and approval of consulting engineers or architects
employed or designated by the authority and satisfactory to the
original purchasers of the bonds issued therefor. The resolution
or indenture may also require that the security given by
contractors and by any depository of the proceeds of the bonds or
revenues or other moneys be satisfactory to such purchasers and
may also contain provisions concerning the conditions, if any,
upon which additional revenue bonds may be issued. (3) The indenture may set forth the rights and remedies of the
bondholders and of the trustee and may restrict the individual
right of action of bondholders as is customary in trust indentures
securing bonds and debentures of corporations. In addition to the
foregoing provisions of this Code section, the trust indenture may
contain such other provisions as the authority may deem reasonable
and proper for the security of the bondholders. (4) It shall be lawful for any bank or trust company incorporated
under the laws of this state to act as such depository and to
furnish such indemnifying bonds or pledge such securities as may
be required by the authority. (5) All expenses incurred in carrying out the trust indenture may
be treated as a part of the cost of maintenance, operation, and
repair of the project and of the cost of the project affected by
such indenture. (l) The authority shall, in the resolution providing for issuance of
revenue bonds or in the trust indenture, provide for the payment of
the proceeds of the sale of the bonds to any officer or person who,
or any agency, bank, or trust company which, shall act as trustee of
such funds and shall hold and apply the same to the purposes
expressed in this part, subject to such regulations as this part and
such resolution or trust indenture may provide. (m) Unless otherwise pledged and allocated, any and all revenues,
rents, and earnings received by the authority, regardless of whether
or not such revenues, rents, and earnings were produced by a
particular project for which bonds have been issued, may be pledged
and allocated by the authority to the payment of the principal and
interest on revenue bonds of the authority as the trust indenture or
the resolution authorizing the issuance of the bonds may provide. (n) Such funds so pledged from whatever source received, which
pledge may include funds received from one or more or all sources,
shall be set aside at regular intervals, as may be provided in the
resolution or trust indenture, into a sinking fund which shall be
pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall
fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal
and interest; and (4) Any premium upon bonds retired by call or purchase. (o) The use and disposition of such sinking fund shall be subject to
such regulations as may be provided in the resolution authorizing
the issuance of the revenue bonds or in the trust indenture, but,
except as may otherwise be provided in such resolution or trust
indenture, such sinking fund shall be a fund for the benefit of all
revenue bonds without distinction or priority of one over another.
(p) Subject to the provisions of the resolution authorizing the
issuance of the bonds, or subject to the trust indenture, surplus
moneys in the sinking fund may be applied to the purchasing or
redemption of bonds, and any such bonds so purchased or redeemed
shall forthwith be canceled and shall not again be issued. (q) Except to the extent the rights given in this Code section may
be restricted by resolution passed before the issuance of bonds or
by a trust indenture, any holder of revenue bonds or interest
coupons issued under this part, any receiver for such holders, or
any indenture trustee, if any, may either at law or in equity, by
action, mandamus, or other proceedings, protect and enforce any and
all rights under the laws of the State of Georgia or granted by this
part or under such resolution or trust indenture. Such holder,
receiver, or trustee may enforce and compel performance of all
duties required by this part, or by resolution or trust indenture,
to be performed by the authority or any officer thereof, including
the fixing, charging, and collecting of revenues, rents, and other
charges for the use of the project or projects. In the event of
default of the authority upon the principal and interest obligations
of any revenue bond issue, such holder, receiver, or trustee shall
be subrogated to each and every right which the authority may
possess and, in the pursuit of his or its remedies as subrogee, may
proceed either at law or in equity, by action, mandamus, or other
proceedings to collect any sums by such proceedings due and owing to
the authority and pledged or partially pledged directly or
indirectly to the benefit of the revenue bond issue of which such
holder, receiver, or trustee is representative. No holder, receiver,
or trustee shall have the right to compel any exercise of the taxing
power of the state to pay any such bond or the interest thereon, or
to enforce the payment thereof against any property of the state,
nor shall any such bond constitute a charge, lien, or encumbrance,
legal or equitable, upon the property of the state. (r) The authority is authorized to provide by resolution for the
issuance of revenue refunding bonds of the authority for the purpose
of refunding any revenue bonds issued under this part and then
outstanding, together with accrued interest thereon. The issuance
of such revenue refunding bonds, the maturities, and all other
details thereof, the rights of the holders thereof, and the duties
of the authority in respect to the same shall be governed by the
foregoing provisions of this part insofar as the same may be
applicable. (s) While any of the bonds issued by the authority remain
outstanding, the powers, duties, or existence of the authority, or
of its officers, employees, or agents, or of any department, board,
commission, or agency of the state shall not be diminished or
impaired in any manner that will affect adversely the interests and
rights of the holders of such bonds. This part shall be for the
benefit of the state, the authority, and the holders of any such
bonds and, upon the issuance of bonds under this part, shall
constitute a contract with the holders of such bonds. (t) Bonds of the authority shall be confirmed and validated in
accordance with the procedure of Article 3 of Chapter 82 of Title
36. The petition for validation shall also make party defendant to
such action any authority, division, subdivision, instrumentality,
or agency of the State of Georgia which, or any person who, has
contracted with the Georgia Agricultural Exposition Authority for
the use of any building, structure, or facilities for which bonds
have been issued and sought to be validated. Such authority,
division, subdivision, instrumentality, agency, or person shall be
required to show cause, if any, why such contract or contracts and
the terms and conditions thereof should not be inquired into by the
court, the validity of the terms thereof determined, and the
contract adjudicated as security for the payment of any such bonds
of the authority. The bonds when validated and the judgment of
validation shall be final and conclusive with respect to such bonds
and against the authority issuing the same and against any
authority, division, subdivision, instrumentality, department,
agency, or person contracting with the authority. (u) No bonds shall be issued by the authority under this part unless
the issuance of such bonds has been reviewed and approved by the
Georgia State Financing and Investment Commission. (v) The bonds authorized by this part are made securities in which
all public officers and bodies of this state; all municipalities and
all municipal subdivisions; all insurance companies and associations
and other persons carrying on an insurance business; all banks,
bankers, trust companies, savings banks, and savings associations,
including savings and loan associations, building and loan
associations, investment companies, and other persons carrying on a
banking business; all administrators, guardians, executors,
trustees, and other fiduciaries; and all other persons whatsoever
who are now or may hereafter be authorized to invest in bonds or
other obligations of the state may properly and legally invest
funds, including capital in their control or belonging to them. The
bonds are also made securities which may be deposited with and shall
be received by all public officers and bodies of this state and all
municipalities and municipal subdivisions for any purpose for which
the deposit of the bonds or other obligations of this state is now
or may hereafter be authorized. |