Title 46, Chapter 3, Section 131
( 46-3-131)
(a) When the authority desires to issue revenue bonds as permitted by this article, the authority shall, prior to the adoption of a resolution authorizing the issuance of such bonds, enter into one or more contracts with no less than five political subdivisions which are authorized to contract with the authority in accordance with Code Section 46-3-130. All such contracts shall be in accordance with Code Section 46-3-129. (b) The acquisition, construction, reconstruction, improvement, equipment, alteration, repair, or extension of any project, and the issuance, in anticipation of the collection of the revenues from such project, of bonds to provide funds to pay the cost thereof, may be authorized under this article by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be laid over or published or posted. The authority, in determining such cost, may include all costs and estimated costs of the issuance of the bonds; all engineering, inspection, fiscal, and legal expenses; the interest which it is estimated will accrue during the construction period and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation on money borrowed, or which it is estimated will be borrowed pursuant to this article; and all costs included in the definition of "cost of project" as defined in Code Section 46-3-111. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligation of any nature owed by the authority, whether or not such bonds or other obligations shall then be subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (c) Revenue bonds may be issued under this article in one or more
series; may bear such date or dates; may mature at such time or
times, not exceeding 50 years from their respective dates; may bear
interest at such rate or rates, payable at such time or times; may
be payable in such medium of payment at such place or places; may be
in such denomination or denominations; may be in such form, either
coupon or fully registered without coupons; may be issued in any
specific amounts; may carry such registration, conversion, and
exchangeability privileges; may be declared or become due before the
maturity date thereof; may provide such call or redemption
privileges; may have such rank or priority; and may contain such
other terms, covenants, assignments, and conditions as the bond
resolution authorizing the issuance of such bonds or any indenture
or trust agreement may provide. The authority may sell such bonds
in such manner, at such price or prices, and upon such terms and
conditions as shall be determined by the authority. (d) The bonds shall be signed by the chairman of the authority; the
corporate seal of the authority shall be impressed, imprinted, or
otherwise reproduced on the bonds; and the bonds shall be attested
by the signature of the secretary-treasurer of the authority. The
coupons shall be signed in such manner as may be directed by the
authority. The signatures of the officers of the authority and the
seal of the authority upon any bond, note, or other debt security
issued by the authority may be by facsimile if the instrument is
authenticated or countersigned by a trustee other than the authority
itself or an officer or employee of the authority. All bonds or
notes issued under authority of this article bearing signatures or
facsimiles of the signatures of officers of the authority in office
on the date of the signing thereof shall be valid and binding,
notwithstanding that before the delivery thereof and payment
therefor such officers whose signatures appear thereon shall have
ceased to be officers of the authority. Pending the preparation of
the definitive bonds, interim receipts, in such form and with such
provisions as the authority may determine, may be issued to the
purchasers of bonds to be issued under this article. (e) Any bond resolution authorizing the issuance of bonds and any
indenture or trust agreement entered into under this article to
finance in whole or in part the acquisition, construction,
reconstruction, improvement, equipment, alteration, repair, or
extension of any project may contain covenants as to: (1) The rates, fees, tolls, or charges to be charged for the
services, facilities, and commodities of the project; (2) The use and disposition of the revenue to be derived from the
project; (3) The creation and maintenance of reserves or sinking funds and
the regulation, use, and disposition thereof, including debt
service reserve; renewal and replacement or other capital
improvement reserve, including reserves for the provision of fuel;
and such other reserves as may be reasonably required by the
authority for the operation of its projects and as may be
authorized by the bond resolution or trust agreement or indenture
pursuant to which the issuance of such bonds may be authorized; (4) The purposes to which the proceeds of the sale of said bonds
may be applied, and the use and disposition of such proceeds; (5) Events of default and the rights and liabilities arising
thereupon, the terms and conditions upon which bonds issued under
this article shall become or may be declared due before maturity,
and the terms and conditions upon which such declaration and its
consequences may be waived; (6) The issuance of other additional bonds or instruments payable
from or a charge against the revenue of such project; (7) The insurance to be carried thereon and the use and
disposition of insurance proceeds; (8) Books of account and the inspection and audit thereof; (9) Limitations or restrictions on the power to lease or otherwise
dispose of the project while any of the bonds or interest thereon
remains outstanding and unpaid; and (10) The operation and maintenance of the project and of the
authority. (f) The provisions of this article and of any bond resolution,
indenture, or trust agreement entered into pursuant to this article
shall be a contract with every holder of the bonds; and the duties
of the authority under this article and under any such bond
resolution, indenture, or trust agreement shall be enforceable by
any bondholder by mandamus or other appropriate action or proceeding
at law or in equity. (g) The authority shall give notice to the district attorney of the
Atlanta Judicial Circuit of its intention to issue its revenue
bonds, setting forth the fact of service of such notice, the
principal amount of bonds to be issued, the purpose for which the
same are to be issued, whether the bonds are to be issued in
separate series or installments from time to time, the interest rate
or rates which such bonds are to bear, the amount of principal to be
paid in each year during the life of the bonds or the method or
formula by which such amounts shall be determined, the date by which
all bonds are to be paid in full, and the security to be pledged to
the payment of the bonds; provided, however, that such notice, in
the discretion of the authority, in lieu of specifying the rate or
rates of interest which the bonds are to bear, may state that the
bonds when issued will bear interest at a rate not exceeding a
maximum per annum rate of interest specified in the notice, or, in
the event the bonds, or any series or installment thereof, are to
bear different rates of interest for different maturity dates, may
state that none of such rates will exceed the maximum rate specified
in the notice; provided, further, that nothing in this subsection
shall be construed as prohibiting or restricting the right of the
authority to sell the bonds at a discount, even if in so doing the
effective interest cost resulting therefrom would exceed the maximum
per annum interest rate specified in the notice to the district
attorney. Such notice shall be signed by the chairman,
vice-chairman, or secretary-treasurer. (h) Within 20 days after the date of service of the required notice,
the district attorney shall prepare and file in the office of the
clerk of the Superior Court of Fulton County a complaint directed to
the Superior Court of Fulton County in the name of the state and
against the authority, setting forth the fact of service of such
notice, the amount of the bonds to be issued, for what purpose they
are to be issued, whether the bonds are to be issued in separate
series or installments from time to time, the interest rate or rates
they are to bear or the maximum rate or rates of interest, the
amount of principal and interest to be paid annually or the method
or formula by which the amount of such payments shall be determined,
and the date by which all bonds are to be paid in full. In
addition, the district attorney shall obtain from the judge of the
court an order requiring the authority by its proper officers to
appear at such time and place as the judge may direct, either during
a session of court or in chambers, within 20 days after the filing
of the complaint, and show cause, if any, why the bonds should not
be confirmed and validated. Such complaint and order shall be
served upon the authority in the manner provided by law; and to such
complaint the authority shall make sworn answer at or before the
date set in the order for the hearing. (i) Prior to the hearing of the cause, the clerk of the Superior
Court of Fulton County shall publish in the official organ of Fulton
County once during each of the two weeks immediately preceding the
week in which the hearing is to be held a notice to the public that,
on the day specified in the order providing for the hearing of the
cause, the same will be heard. (j) Within the time prescribed in the order or at such other time as
he may fix, the judge of the superior court shall proceed to hear
and determine all questions of law and of fact in the cause,
including the question of whether the contractual obligations which
are made a condition precedent to the issuance of such bonds by
subsection (a) of this Code section have been properly incurred; and
the judge shall render judgment on the cause. Any citizen of this
state may become a party to the proceedings at or before the time
set for the hearing. Any party who is dissatisfied with the
judgment of the court confirming and validating the issuance of the
bonds and the security therefor or refusing to confirm and validate
the issuance of the bonds and the security therefor may appeal from
the judgment under the procedure provided by Article 2 of Chapter 6
of Title 5. No appeal may be taken by any person who was not a
party at the time the judgment appealed from was rendered. (k) In the event no appeal is filed within 30 days after the date of
the judgment of validation, or, if an appeal is filed, in the event
the judgment is affirmed on appeal, the judgment of the superior
court so confirming and validating the issuance of the bonds and the
security therefor shall be forever conclusive upon the validity of
the bonds and the security therefor. (l) Bonds issued under this article shall bear a certificate of
validation signed with the facsimile or manually executed signature
of the clerk of the Superior Court of Fulton County stating the date
on which the bonds were validated as provided in this Code section;
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. (m) The authority shall reimburse the district attorney for his
actual costs of the case, if any. For every $5,000.00 in principal
amount of bonds or portion thereof, there shall be payable to the
clerk of the Superior Court of Fulton County the following fees for
validation and confirmation: First $500,000.00.............................................$ 1.00 $501,000.00 -- $2,500,000.00.................................. .25 All over $2,500,000.00........................................ .10 (n) Any other law to the contrary notwithstanding, this article
shall govern all civil claims, proceedings, and actions respecting
debt of the authority evidenced by revenue bonds. |