Title 36, Chapter 44, Section 14
( 36-44-14)
(a) Only for the purpose of paying redevelopment costs for a tax
allocation district created under this chapter, the local
legislative body may issue tax allocation bonds. Tax allocation
bonds are declared to be negotiable instruments. Tax allocation
bonds issued under the provisions of this chapter are declared to be
issued for an essential public and governmental purpose and,
together with interest thereon and income therefrom, shall be
exempted from all taxes. (b) All tax allocation bonds, notes, and other obligations shall be
authorized by resolution of the local legislative body, adopted by a
majority vote of the members thereof at a regular or special meeting
and without the necessity of a referendum or any electoral approval.
The resolution shall state the name of the tax allocation district
and the aggregate principal amount of the tax allocation bonds
authorized. (c) Tax allocation bonds, notes, or other obligations issued by a local legislative body under this chapter shall be payable solely from the property pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations, which property shall be limited to real or personal property acquired pursuant to this chapter and the proceeds from any source from which redevelopment costs may be paid under Code Section 36-44-13, but subject to the limitations of Code Sections 36-44-9 and 36-44-20. Each such bond, note, or other obligation shall contain recitals as are necessary to show that it is only so payable and that it does not otherwise constitute an indebtedness or a charge against the general taxing power of the political subdivision or county or independent board of education consenting to the use of property taxes as a basis for computing tax allocation increments or consenting to the use of general funds derived from the tax allocation district. (d) To increase the security and marketability of tax allocation
bonds, notes, or other obligations, a local legislative body may: (1) Create a lien for the benefit of the bondholders upon any
public improvements or public works financed thereby or the
revenues therefrom; and (2) Make covenants and do any and all acts not inconsistent with
the Constitution or this chapter as may be necessary or convenient
or desirable in order additionally to secure tax allocation bonds,
notes, or other obligations or tend to make them more marketable
according to the best judgment of the local legislative body. (e) Tax allocation bonds, notes, or other obligations shall bear
such date or dates, shall mature at such time or times not more than
30 years from their respective dates, shall bear interest at such
rate or rates which may be fixed or may fluctuate or otherwise
change from time to time, shall be subject to redemption on such
terms, and shall contain such other terms, provisions, covenants,
assignments, and conditions as the resolution authorizing the
issuance of such bonds, notes, or other obligations may permit or
provide. The terms, provisions, covenants, assignments, and
conditions contained in or provided or permitted by any resolution
of the local legislative body authorizing the issuance of such tax
allocation bonds, notes, or other obligations shall bind the members
of the local legislative body then in office and their successors. (f) The local legislative body shall have power from time to time
and whenever it deems it expedient to refund any tax allocation
bonds by the issuance of new tax allocation bonds, whether or not
the bonds to be refunded have matured, and may issue such bonds
partly to refund bonds then outstanding and partly for any other
purpose permitted under this chapter. The refunding bonds may be
exchanged for the bonds to be refunded, with such cash adjustments
as may be agreed upon, or may be sold at such price as the local
legislative body may determine and the proceeds applied to the
purchase or redemption of the bonds to be refunded. (g) Tax allocation bonds may not be issued in an amount exceeding
the estimated aggregated redevelopment costs for the tax allocation
district. Any limitations with respect to interest rates or any
maximum interest rate or rates found in Article 3 of Chapter 82 of
this title, the "Revenue Bond Law," the usury laws of this state, or
any other laws of this state shall not apply to tax allocation
bonds, notes, or other obligations of a local legislative body. (h) All tax allocation bonds issued by a local legislative body
under this chapter shall be issued and validated under and in
accordance with Article 3 of Chapter 82 of this title, the "Revenue
Bond Law," except as provided in this chapter. (i) Tax allocation bonds issued by a local legislative body may be
in such form 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. (j) Tax allocation bonds shall bear a certificate of validation.
The signature of the clerk of the superior court of the county in
which the issuing local legislative body is located may be made on
the certificate of validation of such bonds by facsimile or by
manual execution, stating the date on which such bonds were
validated; and such entry shall be original evidence of the fact of
judgment and shall be received as original evidence in any court in
this state. (k) In lieu of specifying the rate or rates of interest which tax
allocation bonds to be issued by a local legislative body are to
bear, the notice to the district attorney or the Attorney General,
the notice to the public of the time, place, and date of the
validation hearing, and the petition and complaint for validation
may state that the bonds when issued will bear interest at a rate
not exceeding a maximum per annum rate of interest, which rate may
be fixed or may fluctuate or otherwise change from time to time,
specified in such notices and petition and complaint or may state
that, in the event the bonds are to bear different rates of interest
for different maturity dates, none of such rates will exceed the
maximum rate so specified, which rate may be fixed or may fluctuate
or otherwise change from time to time; provided, however, that
nothing in this Code section shall be construed as prohibiting or
restricting the right of a local legislative body to sell such tax
allocation bonds at a discount, even if in doing so the effective
interest cost resulting therefrom would exceed the maximum per annum
interest rate specified in such notices and in the petition and
complaint. (l) The term "redevelopment costs" shall have the meaning prescribed
in this chapter whenever that term is referred to in tax allocation
bond resolutions of a local legislative body, in tax allocation
bonds, notes, or other obligations of a local legislative body, or
in notices or proceedings to validate such bonds, notes, or other
obligations of a local legislative body. (m) Subject to the limitations and procedures provided by this
chapter, the agreements or instruments executed by a local
legislative body may contain such provisions not inconsistent with
law as shall be determined by the local legislative body. (n) The proceeds derived from the sale of all tax allocation bonds,
notes, and other obligations issued by a local legislative body
shall be held and used for the ultimate purpose of paying, directly
or indirectly as permitted in this chapter, redevelopment costs or
for the purpose of refunding any tax allocation bonds, notes, or
other obligations issued in accordance with this chapter. (o) Issuance by a local legislative body of one or more series of
tax allocation bonds, notes, or other obligations for one or more
purposes shall not preclude it from issuing other tax allocation
bonds, notes, or other obligations in connection with the same
redevelopment plan or with any other redevelopment plan; but the
proceeding wherein any subsequent bonds, notes, or other obligations
are issued shall recognize and protect any prior loan agreement,
mortgage, deed to secure debt, trust deed, security agreement, or
other agreement or instrument made for any prior issue of bonds,
notes, or other obligations, unless in the resolution authorizing
such prior issue the right is expressly reserved to the local
legislative body to issue subsequent bonds, notes, or other
obligations on a parity with such prior issue. (p) A local legislative body shall have the power and is authorized,
whenever tax allocation bonds of the local legislative body shall
have been validated as provided in this chapter, to issue from time
to time its notes in anticipation of such bonds as validated and to
renew from time to time any such notes by the issuance of new notes,
whether or not the notes to be renewed have matured. The local
legislative body may issue such bond anticipation notes only to
provide funds which would otherwise be provided by the issuance of
the bonds as validated. Such notes may be authorized, sold,
executed, and delivered in the same manner as bonds. As with its
bonds, the local legislative body may sell such notes at public sale
or at private sale. Any resolution or resolutions authorizing such
notes of the local legislative body or any issue thereof may contain
any provisions which the local legislative body is authorized to
include in any resolution or resolutions authorizing bonds of the
local legislative body to any issue thereof; and the local
legislative body may include in any such notes any terms, covenants,
or conditions which the local legislative body 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. |