Title 46, Chapter 4, Section 101
( 46-4-101)
(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 46-4-100. All such contracts shall be in accordance with Code Section 46-4-99. (b) The acquisition, construction, reconstruction, improvement, equipping, 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 determine 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 46-4-81. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations 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. Such bonds may also be issued for the purpose of loaning the proceeds thereof to political subdivisions for use in their municipal gas systems and to finance any other corporate purposes of the authority. (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, that may be fixed or may vary in
accordance with a specified formula or method of determination,
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. The authority may arrange for
insurance contracts, surety bonds, letters of credit, lines of
credit, commitments to purchase, or other liquidity or credit
support mechanisms and may remarket bonds to provide security to
assure timely payment of bonds. The authority may by resolution
delegate to such officers, employees, or agents as the authority's
members may select the power to authorize the issuance and sale of
bonds and fix, within limits prescribed in the resolution, the time
and manner of their sale, maturities, date or rates of interest, and
other terms and conditions the officer, employee, or agent considers
appropriate. (d) The bonds shall be signed by the chairman or other authorized
officers 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 or assistant secretary-treasurer of the
authority. The coupons, if any, 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 or
other authenticating agent 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 or system; (2) The use and disposition of the revenue to be derived from the
project or system; (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 or system;
(7) The insurance to be carried thereon and the use and
disposition of insurance proceeds; (8) Books of account and 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 or system, 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 bond; 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 the maximum rate
permitted, at any time, by law, 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. (o) Nothing in this article shall prohibit the authority from
issuing bonds, the interest on which is includable in gross income
of the owners thereof for federal income tax purposes. |