Title 36, Chapter 42, Section 3
( 36-42-3)
As used in this chapter, the term: (1) "Authority" means each public body corporate and politic
created pursuant to this chapter. (2) "Cost of the project" or "cost of any project" means and
includes: (A) All costs of acquisition (by purchase or otherwise),
construction, assembly, installation, modification, renovation,
or rehabilitation incurred in connection with any project or any
part of any project; (B) All costs of real property, fixtures, or personal property
used in or in connection with or necessary for any project or
for any facilities related thereto, including, but not limited
to, the cost of all land, estates for years, easements, rights,
improvements, water rights, connections for utility services,
fees, franchises, permits, approvals, licenses, and
certificates; the cost of securing any such franchises, permits,
approvals, licenses, or certificates; and the cost of
preparation of any application therefor and the cost of all
fixtures, machinery, equipment, furniture, and other property
used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on
revenue bonds, notes, or other obligations of an authority which
accrues or is paid prior to and during the period of
construction of a project and during such additional period as
the authority may reasonably determine to be necessary to place
such project in operation; (D) All costs of engineering, surveying, and architectural and
legal services and all expenses incurred by engineers,
surveyors, architects, and attorneys in connection with any
project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for
bondholders under any trust agreement, indenture of trust, or
similar instrument or agreement; all expenses incurred by any
such fiscal agents, paying agents, and trustees; and all other
costs and expenses incurred relative to the issuance of any
revenue bonds, notes, or other obligations for any project; (G) All fees of any type charged by an authority in connection
with any project; (H) All expenses of or incidental to determining the feasibility
or practicability of any project; (I) All costs of plans and specifications for any project; (J) All costs of title insurance and examinations of title with
respect to any project; (K) Repayment of any loans made for the advance payment of any
part of any of the foregoing costs, including interest thereon
and any other expenses of such loans; (L) Administrative expenses of the authority and such other
expenses as may be necessary or incidental to any project or the
financing thereof or the placing of any project in operation;
and (M) The establishment of a fund or funds for the creation of a
debt service reserve, a renewal and replacement reserve, or such
other funds or reserves as the authority may approve with
respect to the financing and operation of any project and as may
be authorized by any bond resolution, trust agreement, indenture
of trust, or similar instrument or agreement pursuant to the
provisions of which the issuance of any revenue bonds, notes, or
other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the foregoing
purposes shall be a part of the cost of the project and may be
paid or reimbursed as such out of proceeds of revenue bonds,
notes, or other obligations issued by the authority. (3) "Downtown development area" means the geographical area within
a municipal corporation designated as such by the resolution of
the governing body activating the authority for such municipal
corporation as modified by any subsequent resolution of the
governing body of such municipal corporation. (4) "Governing body" means the elected or duly appointed officials
constituting the governing body of any municipal corporation in
the State of Georgia. (5) "Municipal corporation" means any city or town in this state. (6) "Project" means the acquisition, construction, installation,
modification, renovation, or rehabilitation of land, interests in
land, buildings, structures, facilities, or other improvements
located or to be located within the downtown development area, and
the acquisition, installation, modification, renovation,
rehabilitation, or furnishing of fixtures, machinery, equipment,
furniture, or other property of any nature whatsoever used on, in,
or in connection with any such land, interest in land, building,
structure, facility, or other improvement, any undertaking
authorized by Chapter 36 of this title as part of a central
business improvement district, any undertaking authorized in
Chapter 44 of this title, the "Redevelopment Powers Law," when the
downtown development authority has been designated as a
redevelopment agency, or any undertaking authorized in Chapter 61
of this title, the "Urban Redevelopment Law," when the downtown
development authority has been designated as an urban
redevelopment agency, all for the essential public purpose of the
development of trade, commerce, industry, and employment
opportunities in its authorized area of operation. A project may
be for any industrial, commercial, business, office, parking,
public, or other use, provided that a majority of the members of
the authority determine, by a duly adopted resolution, that the
project and such use thereof would further the public purpose of
this chapter. Such term shall include any one or more buildings
or structures used or to be used as a not for profit hospital, not
for profit skilled nursing home, or not for profit intermediate
care home subject to regulation and licensure by the Department of
Human Resources and all necessary, convenient, or related
interests in land, machinery, apparatus, appliances, equipment,
furnishings, appurtenances, site preparation, landscaping, and
physical amenities. (7) "Revenue bonds" or "bonds" means any bonds of an authority
which are authorized to be issued under the Constitution and laws
of Georgia, including refunding bonds but not including notes or
other obligations of an authority. |