Title 12, Chapter 8, Section 58
( 12-8-58)
(a) Subject to the limitations and procedures provided by this Code
section, the obligations of any authority evidenced by bonds, bond
anticipation notes, trust indentures, deeds to secure obligations,
security agreements, or mortgages executed in connection therewith
may contain such provisions not inconsistent with law as shall be
determined by the board of directors of the authority. The
authority, in such instruments, may provide for the pledging of all
or any part of its revenues, income, or charges and for the
mortgaging, encumbering, or conveying of all or any part of its real
or personal property; may covenant against pledging any or all of
its revenues, income, or charges; and may further provide for the
disposition of proceeds realized from the sale of any bonds and bond
anticipation notes, for the replacement of lost, destroyed, stolen,
or mutilated bonds and notes, and for the payment and redemption of
such bonds and notes. Similarly, subject to the limitations and
procedures of this Code section, undertakings of any authority may
prescribe the procedure by which bondholders and noteholders may
enforce rights against the authority and provide for rights upon
breach of any covenant, condition, or obligation of the authority.
Bonds, resolutions, trust indentures, mortgages, or deeds to secure
obligations executed by an authority and bond anticipation notes
executed by an authority may contain such provisions not otherwise
contrary to law as the authority shall deem necessary or desirable. (b) The proceeds derived from the sale of all bonds and bond
anticipation notes issued by an authority shall be held and used for
the ultimate purpose of paying, directly or indirectly as permitted
in this part, all or part of the cost of any project, including the
cost of extending, financing, adding to, or improving such project,
or for the purpose of refunding any bond anticipation notes issued
in accordance with this part or refunding any previously issued
bonds of the authority. (c) All bonds and bond anticipation notes issued by an authority
shall be revenue obligations of such authority and may be made
payable out of any revenues or other receipts, funds, or moneys of
the authority, subject only to any agreements with the holders of
other bonds or bond anticipation notes or to particular security
agreements pledging any particular revenues, receipts, funds, or
moneys. (d) Issuance by an authority of one or more series of bonds or bond
anticipation notes for one or more purposes shall not preclude it
from issuing other bonds or notes in connection with the same
project or with any other projects, but the proceeding wherein any
subsequent bonds or bond anticipation notes shall be issued shall
recognize and protect any prior pledge or mortgage made in any prior
security agreement or made for any prior issue of bonds or bond
anticipation notes, unless in the resolution authorizing such prior
issue the right is expressly reserved to the authority to issue
subsequent bonds or bond anticipation notes on a parity with such
prior issue. (e) An authority shall have the power and is authorized, whenever
revenue bonds of the authority have been validated as provided in
this part, to issue, from time to time, its notes in anticipation of
the issuance of such bonds as validated and to renew from time to
time any such notes by the issuance of new notes, whether the notes
to be renewed have or have not matured. The authority may issue
notes only to provide funds which would otherwise be provided by the
issuance of the bonds as validated. The notes may be authorized,
sold, executed, and delivered in the same manner as bonds. As with
its bonds, the authority may sell such notes at public or private
sale. Any resolution or resolutions authorizing notes of the
authority or any issue thereof may contain any provisions which the
authority is authorized to include in any such resolution or
resolutions; and the authority may include in any notes any terms,
covenants, or conditions which it is authorized to include in any
bonds. Validation of such bonds shall be a condition precedent to
the issuance of the notes, but it shall not be required that such
notes be judicially validated. Bond anticipation notes shall not be
issued in an amount exceeding the par value of the bonds in
anticipation of which they are to be issued. (f) The interest rate on or rates to be borne by any bonds, notes,
or other obligations issued by the authority shall be fixed by the
board of directors of the authority. Any limitations with respect
to interest rates found in Article 3 of Chapter 82 of Title 36 or in
the usury laws of this state shall not apply to obligations issued
under this part. (g) All revenue bonds issued by an authority under this part will be
issued and validated under and in accordance with Article 3 of
Chapter 82 of Title 36, except as provided in subsection (f) of this
Code section and except as specifically set forth below: (1) Revenue bonds issued by an authority may be in such form,
either coupon or fully registered, or both coupon and fully
registered, and may be subject to such exchangeability and
transferability provisions as the bond resolution authorizing the
issuance of such bonds or any indenture or trust agreement may
provide; (2) Revenue bonds shall bear a certificate of validation. The
signature of the clerk of the superior court of the judicial
circuit in which the issuing authority is located may be made on
the certificate of validation of such bonds by facsimile or by
manual execution, stating the date on which such bonds were
validated; and such entry shall be original evidence of the fact
of judgment and shall be received as original evidence in any
court in this state; and (3) In lieu of specifying the rate or rates of interest which
revenue bonds to be issued by an authority are to bear, the notice
to the district attorney or the Attorney General and the notice to
the public of the time, place, and date of the validation hearing
may state that the bonds, when issued, will bear interest at a
rate not exceeding a maximum per annum rate of interest specified
in such notices or, in the event the bonds are to bear different
rates of interest for different maturity dates, that none of such
rates will exceed the maximum rate specified in the notices;
provided, however, that nothing contained in this paragraph shall
be construed as prohibiting or restricting the right of the
authority to sell such bonds at a discount, even if in so doing
the effective interest cost resulting therefrom would exceed the
maximum per annum interest rate specified in such notices. (h) The term "cost of project" shall have the meaning prescribed in paragraph (3) of Code Section 12-8-52 whenever referred to in bond resolutions of an authority, bonds and bond anticipation notes issued by an authority, or notices and proceedings to validate such bonds. |