Title 36, Chapter 82, Section 140
( 36-82-140)
Notwithstanding the provisions of other laws to the contrary, the following revisions of relevant laws shall apply to any municipality, as defined in paragraph (3) of Code Section 36-82-121, which incurs bonded indebtedness: (1) If a bond is to be issued to evidence the repayment obligation
for borrowed money, the signatures of all officers of the
municipality required by law or by the proceedings related to such
borrowed money to sign such bond may be facsimile signatures and
any seal required to be affixed thereon may be a facsimile seal if
provision is also made for a manual authenticating signature on
the bond by or on behalf of a designated financial institution or
other person or other municipality with whom the municipality has
a contract as provided in subparagraph (A) of paragraph (2) of
this Code section with respect to such bond. In addition, any
officer may adopt as a facsimile signature the signature or
facsimile signature of a predecessor in office in the event the
signature or facsimile signature of such predecessor appears on
such bond; (2)(A) Any municipality borrowing money may contract for the
services of a financial institution or other person within or
without the state or another municipality to perform any of the
following functions with respect to repayment obligations for
borrowed money: (i) Issuance, authentication, transfer, registration,
exchange, and related mechanical and clerical functions; (ii) Record or bookkeeping or book entry functions; (iii) Preparation, signing, and issuance of checks or warrants
in payment of repayment obligations for borrowed money; (iv) Preparation and maintenance of reports and accounts; and (v) Performance of any other duties related to repayment
obligations for borrowed money. (B) The cost of performing the aforesaid functions, whether
incurred under a contract or through direct performance by the
municipality, may be paid from the borrowed moneys or from other
funds lawfully available for the purpose; and (3)(A) Whenever any municipality shall borrow money any
repayment obligation with respect thereto may be evidenced: (i) By bonds issued in such form either coupon or fully
registered or both coupon and fully registered in such
denominations and with such provisions for registration,
exchangeability, and transferability as the resolution
authorizing the borrowing of money or any loan agreement,
trust agreement, or other contract or agreement to be entered
into in connection with the borrowing of money may provide; (ii) By book entries under which the right to receive payments
of principal, redemption premium, if any, and interest shall
be established and transferred only through subsequent book
entries; or (iii) In such other manner as may be provided for in the
resolution authorizing the borrowing of money or any loan
agreement, trust agreement, or other contract or agreement to
be entered into in connection with the borrowing of money. (B) If any municipality elects to evidence any repayment
obligation for borrowed money in a manner permitted by division
(ii) or (iii) of subparagraph (A) of this paragraph: (i) No bond shall be issued to evidence such repayment
obligation, and the adoption by the municipality of the
resolution authorizing the borrowing of such money and the
execution and delivery by the municipality of the loan
agreement, trust agreement, or other contract or agreement to
be entered into in connection with the borrowing of such money
and the receipt by the municipality or by an agent acting on
behalf of the municipality of the money borrowed shall be the
only requirement to establish lawfully the repayment
obligation with respect to such borrowed money; and (ii) The municipality shall provide for the sending of written
statements which provide a record of certain rights with
respect to such repayment obligation as of the time of
issuance of the statements. Such statements shall be sent each
person acquiring rights by registration in such repayment
obligation but shall, in and of themselves, confer no rights
on the recipient and shall be neither a negotiable instrument
nor a security. (C) In the event any municipality elects to evidence any such
repayment obligation in a manner permitted by division (ii) or
(iii) of subparagraph (A) of this paragraph, the provisions of
any other law of this state to the contrary notwithstanding, the
interest of any person in such repayment obligation may be
accepted, to the extent of such interest, as a deposit of the
repayment obligation to which it relates, provided that the
municipality has provided by contract for the pledge of such
interest. |