Title 36, Chapter 42, Section 8
( 36-42-8)
(a) Each authority shall have all of the powers necessary or
convenient to carry out and effectuate the purposes and provisions
of this chapter, including, without limiting the generality of the
foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other
instruments necessary or convenient to exercise the powers of the
authority or to further the public purpose for which the authority
is created, including, but not limited to, contracts for
construction of projects, leases of projects, contracts for sale
of projects, agreements for loans to finance projects, contracts
with respect to the use of projects, and agreements to join or
cooperate with an urban residential finance authority, created by
the municipal corporation within which the downtown development
area is located pursuant to the provisions of Chapter 41 of this
title, in the exercise, either jointly or otherwise, of any or all
of its powers for the purpose of financing, including the issuance
of revenue bonds, notes, or other obligations of the authorities,
planning, undertaking, owning, constructing, operating, or
contracting with respect to any projects located within the
downtown development area; (4) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real and personal property of every kind and
character, or any interest therein, in furtherance of the public
purpose of the authority; (5) To finance (by loan, grant, lease, or otherwise), refinance,
construct, erect, assemble, purchase, acquire, own, repair,
remodel, renovate, rehabilitate, modify, maintain, extend,
improve, install, sell, equip, expand, add to, operate, or manage
projects and to pay the cost of any project from the proceeds of
revenue bonds, notes, or other obligations of the authority or any
other funds of the authority, or from any contributions or loans
by persons, corporations, partnerships (whether limited or
general), or other entities, all of which the authority is
authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purpose and
to execute revenue bonds, notes, other obligations, leases, trust
indentures, trust agreements, agreements for the sale of its
revenue bonds, notes, or other obligations, loan agreements,
mortgages, deeds to secure debt, trust deeds, security agreements,
assignments, and such other agreements or instruments as may be
necessary or desirable, in the judgment of the authority, to
evidence and to provide security for such borrowing; (7) To issue revenue bonds, notes, or other obligations of the
authority and use the proceeds thereof for the purpose of paying,
or loaning the proceeds thereof to pay, all or any part of the
cost of any project and otherwise to further or carry out the
public purpose of the authority and to pay all costs of the
authority incidental to, or necessary and appropriate to,
furthering or carrying out such purpose;
(8) To make application directly or indirectly to any federal,
state, county, or municipal government or agency or to any other
source, whether public or private, for loans, grants, guarantees,
or other financial assistance in furtherance of the authority's
public purpose and to accept and use the same upon such terms and
conditions as are prescribed by such federal, state, county, or
municipal government or agency or other source; (9) To enter into agreements with the federal government or any
agency thereof to use the facilities or services of the federal
government or any agency thereof in order to further or carry out
the public purposes of the authority; (10) To contract for any period, not exceeding 50 years, with the
State of Georgia, state institutions, or any municipal corporation
or county of this state for the use by the authority of any
facilities or services of the state or any such state institution,
municipal corporation, or county, or for the use by any state
institution or any municipal corporation or county of any
facilities or services of the authority, provided that such
contracts shall deal with such activities and transactions as the
authority and any such political subdivision with which the
authority contracts are authorized by law to undertake; (11) To extend credit or make loans to any person, corporation,
partnership (whether limited or general), or other entity for the
costs of any project or any part of the costs of any project,
which credit or loans may be evidenced or secured by loan
agreements, notes, mortgages, deeds to secure debt, trust deeds,
security agreements, assignments, or such other instruments, or by
rentals, revenues, fees, or charges, upon such terms and
conditions as the authority shall determine to be reasonable in
connection with such extension of credit or loans, including
provision for the establishment and maintenance of reserve funds;
and, in the exercise of powers granted by this chapter in
connection with any project, the authority shall have the right
and power to require the inclusion in any such loan agreement,
note, mortgage, deed to secure debt, trust deed, security
agreement, assignment, or other instrument of such provisions or
requirements for guaranty of any obligations, insurance,
construction, use, operation, maintenance, and financing of a
project, and such other terms and conditions, as the authority may
deem necessary or desirable; (12) As security for repayment of any revenue bonds, notes, or
other obligations of the authority, to pledge, mortgage, convey,
assign, hypothecate, or otherwise encumber any property of the
authority (including, but not limited to, real property, fixtures,
personal property, and revenues or other funds) and to execute any
lease, trust indenture, trust agreement, agreement for the sale of
the authority's revenue bonds, notes, or other obligations, loan
agreement, mortgage, deed to secure debt, trust deed, security
agreement, assignment, or other agreement or instrument as may be
necessary or desirable, in the judgment of the authority, to
secure any such revenue bonds, notes, or other obligations, which
instruments or agreements may provide for foreclosure or forced
sale of any property of the authority upon default in any
obligation of the authority, either in payment of principal,
premium, if any, or interest or in the performance of any term or
condition contained in any such agreement or instrument. The State
of Georgia, on behalf of itself and each county, municipal
corporation, political subdivision, or taxing district therein,
waives any right 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 upon
such default and agrees that any agreement or instrument
encumbering such property may be foreclosed in accordance with law
and the terms thereof; (13) To receive and use the proceeds of any tax levied by a
municipal corporation to pay the costs of any project or for any
other purpose for which the authority may use its own funds
pursuant to this chapter; (14) To receive and administer gifts, grants, and devises of money
and property of any kind and to administer trusts; (15) To use any real property, personal property, or fixtures or
any interest therein or to rent or lease such property to or from
others or make contracts with respect to the use thereof, or to
sell, lease, exchange, transfer, assign, pledge, or otherwise
dispose of or grant options for any such property in any manner as
it deems to the best advantage of the authority and the public
purpose thereof; (16) To acquire, accept, or retain equitable interests, security
interests, or other interests in any real property, personal
property, or fixtures by loan agreement, note, mortgage, deed to
secure debt, trust deed, security agreement, assignment, 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; (17) To appoint, select, and employ engineers, surveyors,
architects, urban or city planners, fiscal agents, attorneys, and
others and to fix their compensation and pay their expenses; (18) To encourage and promote the improvement and revitalization
of the downtown development area and to make, contract for, or
otherwise cause to be made long-range plans or proposals for the
downtown development area in cooperation with the municipal
corporation within which the downtown development area is located; (19) To adopt bylaws governing the conduct of business by the
authority, the election and duties of officers of the authority,
and other matters which the authority determines to deal with in
its bylaws; (20) To exercise any power granted by the laws of this state to
public or private corporations which is not in conflict with the
public purpose of the authority; (21) To do all things necessary or convenient to carry out the
powers conferred by this chapter; (22) To serve as an urban redevelopment agency pursuant to Chapter
61 of this title; (23) To contract with a municipal corporation to carry out
supplemental services in a city business improvement district
established pursuant to Chapter 43 of this title; and (24) To serve as a redevelopment agency pursuant to Chapter 44 of
this title. (b) The powers enumerated in each paragraph of subsection (a) of
this Code section are cumulative of and in addition to those powers
enumerated in the other paragraphs of subsection (a) of this Code
section and elsewhere in this chapter; and no such power limits or
restricts any other power of the authority. |