Title 31, Chapter 7, Section 35
( 31-7-35)
(a)(1) The authority is authorized to fix and to revise from time
to time fees, rentals, and other charges for the use of each
project and for the services and facilities furnished by the same
and to charge and collect such charges and to lease and to make
contracts with any agency or department of the state with respect
to the use of any project or part thereof. Such rentals and other
charges shall be so fixed and adjusted in respect to the aggregate
thereof from the project or projects for which a single issue of
revenue bonds is issued, as to provide a fund sufficient with
other revenues of such project or projects, if any, to pay (A) the
cost of maintaining, repairing, and operating the project or
projects, including reserves for extraordinary repairs and
insurance and other reserves required by the resolution or trust
indenture, unless such cost shall be otherwise provided for, which
cost shall be deemed to include the expenses incurred by the
authority on account of the project or projects for water, light,
sewer, and other services furnished by other facilities at such
institution, and (B) the principal of the revenue bonds and the
interest thereon as they shall become due. (2) The rentals contracted to be paid by the Department of Human
Resources or other contracting or leasing department, agency, or
institution of the state to the authority under leases entered
upon pursuant to this article shall constitute obligations of the
state for the payment of which the good faith of the state is
pledged. Such rentals shall be paid as provided in the lease
contracts from funds appropriated for such purposes by the terms
of the Constitution of Georgia. It shall be the duty of the
Department of Human Resources or other contracting or leasing
department, agency, or institution of the state to see to the
punctual payment of all such rentals. (3) In the event of any failure or refusal on the part of lessees
punctually to perform any covenant or obligation contained in any
lease entered upon pursuant to this article, the authority may
enforce performance by any legal or equitable process against
lessees; and consent is given for the institution of any such
action. (4) The authority shall be permitted to assign any rental due it
by the lessees to a trustee or paying agent as may be required by
the terms of any trust indenture entered into by the authority. (b) The revenues and earnings derived from the project or projects
for which a single issue of bonds is issued, except such part
thereof as may be required to pay the cost of maintaining,
repairing, and operating the project or projects and to provide such
reserves therefor as may be provided for in the resolution
authorizing the issuance of the revenue bonds or in the trust
indenture, shall be set aside at such regular intervals as may be
provided in such resolution or trust indenture in a sinking fund
which is pledged to and charged with the payment of (1) the interest
upon such revenue bonds as such interest shall fall due, (2) the
principal of the bonds as the same shall fall due, (3) the necessary
charges of paying agents for paying principal and interest, and (4)
any premium upon bonds retired by call or purchase as provided in
this article. The use and disposition of such sinking fund shall be
subject to such regulations as may be provided in the resolution
authorizing the issuance of the revenue bonds or in the trust
indenture, but, except as may otherwise be provided in such
resolution or trust indenture, such sinking fund shall be a fund for
the benefit of all revenue bonds without distinction or priority.
Subject to the provisions of the resolution authorizing the issuance
of the revenue bonds of the trust indenture, any moneys in such
sinking fund in excess of an amount equal to one year's interest on
all revenue bonds then outstanding may be applied to the purchase or
redemption of bonds. All revenue bonds so purchased or redeemed
shall forthwith be canceled and shall not again be issued. (c) It shall be the duty of the authority (1) to prescribe rules and
regulations for the operation of each project constructed under this
article, including rules and regulations to ensure maximum occupancy
of each such project; (2) to impose rentals and other charges for
the use of the facilities furnished by such project; and (3) to
collect such charges from all persons served thereby or from those
responsible for their support or their guardians, trustees, or other
legal representatives. |