Title 36, Chapter 61, Section 12
( 36-61-12)
(a) A municipality or county shall have power to issue bonds, in its
discretion, from time to time, to finance the undertaking of any
urban redevelopment project under this chapter, including, without
limiting the generality thereof, the payment of principal and
interest upon any advances for surveys and plans for urban
redevelopment projects and shall also have power to issue refunding
bonds for the payment of retirement of such bonds previously issued
by it. Such bonds shall be made payable, as to both principal and
interest, solely from the income, proceeds, revenues, and funds of
the municipality or county derived from or held in connection with
its undertaking and carrying out of urban redevelopment projects
under this chapter; provided, however, that payment of such bonds,
both as to principal and interest, may be further secured by a
pledge of any loan, grant, or contribution from the federal
government or other source, in aid of any urban redevelopment
projects of the municipality or county under this chapter, and by a
mortgage of any such urban redevelopment projects or any part
thereof, title to which is in the municipality or county. (b) Bonds issued under this Code section shall not constitute an
indebtedness within the meaning of any constitutional or statutory
debt limitation or restriction and shall not be subject to the
provisions of any other law or charter relating to the
authorization, issuance, or sale of bonds. Bonds issued under 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. (c) Bonds issued under this Code section shall be authorized by
resolution or ordinance of the local governing body. They may be
issued in one or more series and shall bear such date or dates, be
payable upon demand or mature at such time or times, bear interest
at such rate or rates, be in such denomination or denominations, be
in such form either coupon or registered, carry such conversion or
registration privileges, have such rank or priority, be executed in
such manner, be payable in such medium of payment, at such place or
places, be subject to such terms of redemption (with or without
premium), be secured in such manner, and have such other
characteristics as may be provided by the resolution of the local
governing body or by the trust indenture or mortgage issued pursuant
thereto. (d) Such bonds may be sold at not less than par at public sales held
after notice published prior to such sales in a newspaper having a
general circulation in the area of operation and in such other
medium of publication as the municipality or county may determine or
may be exchanged for other bonds on the basis of par. Such bonds
may be sold to the federal government or to an institution insured
by an agency of the federal government at private sale at not less
than par and, in the event that less than all of the authorized
principal amount of such bonds is sold to the federal government or
to an institution insured by an agency of the federal government,
the balance may be sold at private sale at not less than par at an
interest cost to the municipality or county, such cost not to exceed
the interest cost to the municipality or county of the portion of
the bonds sold to the federal government or to an institution
insured by an agency of the federal government.
(e) If any of the public officials of the municipality or county
whose signatures appear on any bonds or coupons issued under this
chapter cease to be such officials before the delivery of the bonds,
such signatures, nevertheless, shall be valid and sufficient for all
purposes, the same as if the officials had remained in office until
the delivery. Any provision of any law to the contrary
notwithstanding, any bonds issued pursuant to this chapter shall be
fully negotiable. (f) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefor, any such bond reciting in substance that it has been issued by the municipality or county in connection with an urban redevelopment project, as defined in paragraph (22) of Code Section 36-61-2, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with this chapter. (g) Any urban redevelopment agency or housing authority which a municipality or county has elected to exercise powers under Code Section 36-61-17 may also issue bonds, as provided in this Code section, in the same manner as a municipality or county, except that such bonds shall be authorized and the terms and conditions thereof shall be prescribed by the commissioners of such urban redevelopment agency or housing authority in lieu of the local governing body. |