Title 31, Chapter 7, Section 114
( 31-7-114)
(a) Each authority shall have all of the powers necessary or
convenient to carry out and effectuate the purposes and provisions
of this article, including, but without limiting the generality of
the foregoing, the power: (1) To bring and defend an action; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary
to exercise the powers of the authority, any of which contracts
may be made with the county in which the authority is located or
with any one or more municipal corporations in such county; and
each such county and all municipal corporations therein are
authorized to enter into contracts with each authority; (4) To receive and administer gifts, grants, and devises of any
property and to administer trusts; (5) To acquire by purchase, gift, or construction any real or
personal property desired to be acquired by the authorities as
part of any project or for the purpose of improving, extending,
adding to, reconstructing, renovating, or remodeling any project
or part thereof already acquired, or for the purpose of demolition
to make room for such project or any part thereof; (6) To purchase, sell, lease, exchange, transfer, assign, pledge,
mortgage, or dispose of, or grant options for any such purposes,
any real or personal property or interest therein; (7) To mortgage, convey, pledge, or assign any properties,
revenues, income, tolls, charges, or fees owned, received, or to
be received by the authority; (7.1) To invest and reinvest the funds of the authority in any
investment which a domestic insurer may lawfully invest in, to
determine the allocation of funds among investments, and to
purchase, hold, sell, assign, transfer, and dispose of any
securities and other investments in which funds of the authority
have been invested, any proceeds of any investments, and any money
belonging to the authority; (7.2) To provide grants, scholarships, loans, or other assistance
to students pursuing a course of study relating to gerontology
with particular emphasis on residential care and housing
facilities for the elderly, subject to such bylaws and regulations
as may be made by the authority; (8) To appoint officers and retain agents, engineers, attorneys,
fiscal agents, accountants, and employees and to provide for their
compensation and duties; (9) To extend credit or make loans to any qualified sponsor for
the planning, design, construction, acquisition, or carrying out
of any project, which credit or loans shall be secured by loan
agreements, mortgages, security agreements, contracts, and all
other instruments or fees or charges, upon such terms and
conditions as the authority shall determine to be reasonable,
including provision for the establishment and maintenance of
reserves and insurance funds; and, in the exercise of powers
granted by this Code section in connection with a project for a
qualified sponsor, to require the inclusion in any contract, loan
agreement, security agreement, or other instrument such provisions
for guaranty, insurance, construction, use, operation,
maintenance, and financing of the project as the authority may
deem necessary or desirable; (10) To acquire, accept, or retain equitable interests, security
interests, or other interest in any property, real or personal, by
mortgage, assignment, security agreement, pledge, conveyance,
contract, lien, loan agreement, or other consensual transfer in
order to secure the repayment of any moneys loaned or credit
extended by the authority; (11) To construct, acquire, own, repair, remodel, maintain,
extend, improve, and equip projects located on land owned or
leased by the authority or land owned or leased by others and to
pay all or part of the cost of any such project from the proceeds
of revenue bonds of the authority or from any contribution or
loans by a qualified sponsor, all of which the authority is
authorized to receive, accept, and use; (12) To borrow money and to issue its revenue bonds and bond anticipation notes from time to time and use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project or for the purpose of refunding or refinancing any such bonds of the authority theretofore issued or any other outstanding obligations of the authority; and otherwise to carry out the purposes of this article and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the provision of moneys to be paid into any fund or funds to secure such bonds and notes; provided, however, that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in subsections (a) through (h) of Code Section 31-7-116; (13) To pledge, mortgage, convey, assign, hypothecate, or
otherwise encumber any property, real or personal, of the
authority as security for repayment of authority obligations and
to execute any trust agreement, indenture, or security agreement
containing any provisions not in conflict with law, which trust
agreement, indenture, or security agreement may provide for
foreclosure or forced sale of any property of the authority upon
default on such obligations either in payment of principal or
interest or in the performance of any term or condition contained
in the agreement or indenture. The state on behalf of itself and
each county, municipal corporation, political subdivision, or
taxing district therein waives any right that it or such county,
municipal corporation, political subdivision, or taxing district
may have to prevent the forced sale or foreclosure of any property
of the authority so mortgaged or encumbered; and any such mortgage
or encumbrance may be foreclosed in accordance with law and the
terms thereof; and (14) To do all things necessary or convenient to carry out the
powers expressly conferred by this article.
(b) The authority shall adopt and promulgate rules and regulations
which establish and prescribe criteria for determining eligible
persons and qualified sponsors for the purposes of this article. |