Title 31, Chapter 7, Section 116
( 31-7-116)
(a) 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. Such
instruments may provide for the pledging of all or any part of the
revenues of the authority 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.
Undertakings of an authority may prescribe the procedure by which
bondholders and noteholders may enforce rights against the authority
and may 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 any bonds or 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 article, all or part of the cost of any project or for the
purpose of refunding any bond anticipation notes issued in
accordance with this article 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,
moneys, or other property. (d) Issuance by any authority of one or more series of bonds or bond
anticipation notes for one or more purposes shall not preclude the
authority from issuing other bonds or notes in connection with the
same project or in connection with any other projects; provided,
however, that 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 shall have been validated as provided
in this article, 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, an authority may sell such notes
at public or private sale. Any resolution or resolutions authorizing
notes of an authority or any issue thereof may contain any
provisions which an authority is authorized to include in any
resolution or resolutions authorizing bonds of an authority or any
issue thereof, and an 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 such 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 obligations issued by the authority shall be fixed by the board
of directors of the authority and 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 article. (g) All revenue bonds issued by an authority under this article
shall be issued and validated under and in accordance with the
procedure therefor set forth in Article 3 of Chapter 82 of Title 36,
as heretofore and hereafter amended, except as specifically set
forth in this subsection: (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) The signature of the clerk of the superior court in which any
bonds are validated on the certificate of validation of such bonds
may be affixed by facsimile or by manual execution; such entry
shall be original evidence of the fact of the validation of any
bond and shall be received as original evidence in any court in
this state; (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.
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; and (4) The term "cost of project" shall have the meaning prescribed in paragraph (2) of Code Section 31-7-112 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. (h) Before issuing any bonds to finance any project, the authority
shall obtain from the qualified sponsor of the project an
undertaking that only eligible persons will be permitted to use or
acquire any of the facilities constituting a part of the project or
to enjoy or benefit from any of the services to be rendered in
connection with any such project. (i) No bonds or bond anticipation notes except refunding bonds shall be issued by an authority under this article unless its board of directors shall adopt a resolution finding that the project for which such bonds or notes are to be issued will promote the objectives stated in subsection (b) of Code Section 31-7-111 and will increase or maintain employment in the territorial area of such authority. Nothing contained in this Code section shall be construed as permitting any authority created under this article or any qualified sponsor to finance, construct, or operate any project without obtaining any certificate of need or other approval, permit, or license which, under the laws of this state, is required in connection therewith. |