Title 31, Chapter 7, Section 112
( 31-7-112)
As used in this article, the term: (1) "Authority" means each public corporation created pursuant to
this article. (2) "Cost of project" includes: (A) All costs of construction, purchase, or other form of
acquisition; (B) All costs of real or personal property required for the
purposes of the project and of all facilities related thereto
and the cost of extinguishing any liens or security interests
related to the property so acquired, including land and any
rights or undivided interest therein; easements, franchises,
water rights, fees, permits, approvals, licenses, and
certificates; the securing of such franchises, permits,
approvals, licenses, and certificates; and the preparation of
applications therefor; (C) Costs of all machinery, equipment, initial fuel, and other
supplies required for the project; (D) Financing charges, interest prior to and during construction
and for six months thereafter; (E) Costs of engineering, architectural, and legal services; (F) Fees paid to fiscal agents for financial and other advice or
supervision; (G) Costs of plans and specifications and all expenses necessary
or incidental to the construction, purchase, or acquisition of
the project or to determining the feasibility or practicability
of the project; and (H) Administrative expenses and such other expenses as may be
necessary or incidental to the financing authorized in this
article. There may also be included, as part of the cost of a project, the
repayment of any loans made for the advance payment of any part of
such cost, including interest thereon at rates to be determined by
the authority, which loans are authorized if made payable solely
from the proceeds of the authority's bonds or notes or revenues to
be received in connection with the leasing, sale, or financing of
the project. The cost of a project may also include a fund or
funds for the creation of a debt service reserve, a renewal and
replacement reserve, and such other reserves as may be reasonably
required by the authority with respect to the financing and
operation of any project and as may be authorized by any bond
resolution or trust agreement or indenture pursuant to the
provisions of which the issuance of any such bonds may be
authorized. Any obligation or expense incurred for any of the
foregoing purposes shall be paid or reimbursed as a part of the
cost of the project out of the proceeds of revenue bonds or notes
issued under this article.
(3) "County" means any county of this state. (4) "Eligible persons" means persons who have reached the age of 62 years and who have need for housing which provides the special facilities and services required by elderly persons and who meet the criteria for eligibility set forth in rules and regulations which are from time to time promulgated by the authority pursuant to the grant of authority so to do which is contained in subsection (b) of Code Section 31-7-114. (5) "Governing body" means the elected or duly appointed officials
constituting the governing body of each municipal corporation and
county in this state. (6) "Municipal corporation" means each city and town in this
state. (7) "Project" or "residential care facility for the elderly"
means: (A) Any one or more buildings or structures to be used in
providing at a single location the comprehensive services
required by the elderly, including, without limitation,
residential care and the types of services provided in skilled
nursing homes, intermediate care homes, and personal care homes
supplied with all necessary or useful furnishings, machinery,
equipment, parking facilities, landscaping, and facilities for
outdoor storage, all as determined by the authority, which
determination shall be final and not subject to review;
provided, however, that no single project or residential care
facility shall be required to render all types of services and
levels of care referred to above. There may be included as part
of any such project all improvements necessary to the full
utilization thereof, including, without limitation, site
preparation; roads and streets; sidewalks; water supply; outdoor
lighting; belt line railroad; railroad sidings and lead tracks;
bridges; causeways; terminals for railroad, automotive, and air
transportation; transportation facilities incidental to the
project; and the dredging and improving of harbors and
waterways. However, none of the aforementioned improvements
shall be the primary purpose of any project; (B) The acquisition, construction, leasing, or equipping of new
residential care facilities for the elderly or the improvement,
modification, acquisition, expansion, modernization, leasing,
equipping, or remodeling of existing residential care facilities
for the elderly located or to be located within the area of
operation of the authority; and (C) The acquisition, construction, improvement, or modification
of any property, real or personal, which any qualified sponsor
might desire to use, acquire, or lease in connection with the
operation of any project located or to be located within the
area of operation of the authority. (8) "Qualified sponsor" means any nonprofit corporation which has
met criteria established by the authority and which has undertaken
to provide residential care facilities for the elderly which will
be available for sale or rent to eligible persons. |