Title 20, Chapter 3, Section 344
( 20-3-344)
(a) The authority is authorized to provide for the issuance of bonds
of the authority not to exceed $50 million aggregate principal
amount outstanding at any one time excluding bonds issued to refund
outstanding bonds of the authority to carry out and effectuate its
purposes and powers under this subpart. In anticipation of the
issuance of such bonds, the authority also is authorized to provide
for the issuance of notes. Such bonds or notes may be issued at one
time or from time to time, provided the aggregate principal amount
of such bonds and notes outstanding at any one time shall not exceed
the amount authorized by this subsection, excluding bonds or notes
issued to refund outstanding bonds or notes of the authority. The
principal of, premium, if any, and the interest on such bonds or
notes shall be payable solely from the funds provided for in this
subpart for such payment. Any such notes may be made payable from
the proceeds of bonds or renewal notes, or in the event bond or
renewal note proceeds are not available, such notes may be paid from
revenues or assets available to the authority for this purpose under
this subpart in accordance with resolutions or other agreements with
holders of any outstanding bonds or other obligations of the
authority. The bonds or notes of each issue shall be dated, shall
bear interest at such rates, may be redeemable before maturity at
the option of the authority at such price or prices as may be
determined by the authority, and shall be under such other terms and
conditions as may be determined by the authority. Notes shall mature
at such time or times, not exceeding five years from their date or
dates, and bonds shall mature at such time or times, not exceeding
40 years from their date or dates, as may be determined by the
authority. The authority shall determine the form of such bonds or
notes, including coupon form, registered form, registration as to
principal only, or all of the foregoing forms, and shall determine
the right of reconversion or interchange into other forms. The
authority shall fix the denomination or denominations and the place
or places of payment of principal and interest, which may be any
bank or trust company within or outside the state. All such bonds
shall be executed in the name of the authority by the chairman and
the secretary of authority and shall be sealed with the official
seal of the authority or a facsimile thereof. Coupons shall be
executed in the name of the authority by the chairman of the
authority. The facsimile signature of either the chairman or the
secretary of the authority may be imprinted in lieu of the manual
signature if the authority so directs and the facsimile of the
chairman's signature shall be used on coupons. In case any officer
whose signature or a facsimile of whose signature shall appear on
any bonds or notes or coupons attached thereto shall cease to be
such officer before the delivery thereof, his signature or facsimile
signature shall nevertheless be valid and sufficient for all
purposes as if he had remained in office until such delivery. The
authority may also provide for the authentication of the bonds or
notes by a trustee or fiscal agent. Prior to the preparation of
definitive bonds, the board of directors may issue interim receipts,
interim certificates, or temporary bonds exchangeable for definitive
bonds upon the issuance of the latter. The authority may also
provide for the replacement of any bond which shall become mutilated
or be destroyed or lost. Such revenue bonds may be issued without
any other proceedings or the happening of any other conditions or
things than those proceedings, conditions, and things which are
specified or required by this part. Upon the approval of a
resolution of the authority authorizing the sale of its bonds or
notes, such bonds or notes may be sold in such manner, either at
public or private sale, and for such price as the authority shall
determine to be in the best interests of the authority and to
effectuate best its purposes under this subpart. (b) The proceeds of any bonds or notes issued by the authority shall be used solely for the purpose for which issued and shall be disbursed in such manner and under such restrictions, if any, as the authority may provide in a resolution authorizing the issuance of such bonds or notes or in a trust agreement securing such bonds or notes. No such bond proceeds may be expended for the making or the purchase of any loan unless such loan is an educational loan as defined in paragraph (13) of Code Section 20-3-312. (c) All revenue bonds issued by the authority under this part shall
be executed, confirmed, and validated under and in accordance with
Article 3 of Chapter 82 of Title 36, except as otherwise provided in
this part. The venue for all bond validation proceedings pursuant to
this part shall be Fulton County, and the Superior Court of Fulton
County shall have exclusive trial court jurisdiction over such
proceedings. Bonds issued shall have a certificate of validation
bearing the facsimile signature of the clerk of the Superior Court
of Fulton County, 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. The authority shall reimburse the district attorney for
his actual costs associated with the bond validation proceedings, if
any. The fees payable to the clerk of the Superior Court of Fulton
County for validation and confirmation shall be as follows for each
bond, regardless of the denomination of such bond: $1.00 each for
the first 100 bonds; 25¢ for each of the next 400 bonds; and 10¢ for
each such bond over 500. |