Title 46, Chapter 9, Section 327
( 46-9-327)
(a) Subject to the limitations and procedures provided by this Code
section, the agreements or instruments executed by the authority may
contain such provisions not inconsistent with law as shall be
determined by the members of the authority. (b) The proceeds derived from the sale of all bonds, notes, and
other obligations issued by the authority shall be held and used for
the ultimate purpose of paying, directly or indirectly as permitted
in this article, all or part of the cost of any project or for the
purpose of refunding any bonds, notes, or other obligations issued
in accordance with the provisions of this article. (c) Issuance by the authority of one or more series of bonds, notes,
or other obligations for one or more purposes shall not preclude it
from issuing other bonds, notes, or other obligations in connection
with the same project or with any other project, but the proceeding
wherein any subsequent bonds, notes, or other obligations shall be
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 authority to
issue subsequent bonds, notes, or other obligations on a parity with
such prior issue. (d) The authority shall have the power and is authorized, whenever
bonds of the authority shall have been validated as provided in this
article, 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 the notes to be renewed
have or have not matured. The authority 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 authority may sell such notes at
public or private sale. Any resolution or resolutions authorizing
notes of the authority or any issue thereof may contain any
provisions which the authority is authorized to include in any
resolution or resolutions authorizing bonds of the authority or any
issue thereof, and the authority may include in any notes any terms,
covenants, or conditions which the authority is authorized to
include in any bonds. Validations 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. (e) All bonds issued by the authority under this article shall be
issued and validated under and in accordance with Article 3 of
Chapter 82 of Title 36, the "Revenue Bond Law," as heretofore and
hereafter amended, except as provided in this article, provided that
notes and other obligations of the authority may be, but shall not
be required to be, so validated. (f) Bonds issued by the authority may be in such form, either coupon
or fully registered or both coupon and fully registered, and may be
subject to exchangeability and transferability provisions as the
bond resolution authorizing the issuance of such bonds or any
indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of
the clerk of the superior court of the judicial circuit in which the
issuing authority 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. (h) In lieu of specifying the rate or rates of interest which bonds
to be issued by an authority are to bear, the notice to the district
attorney or 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 may be fixed or may fluctuate or otherwise change
from time to time, specified in such notices and petition and
complaint or that, in the event the bonds are to bear different
rates of interest for different maturity dates, that note of such
rates will exceed the maximum rate which may be fixed or may
fluctuate or otherwise change from time to time so specified;
provided, however, that nothing contained herein shall be construed
as prohibiting or restricting the right of the authority to sell
such 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. (i) The terms "cost of the project" or "cost of any project" shall
have the meaning prescribed in this article whenever referred to in
bond resolutions of the authority; in bonds, notes, or other
obligations of the authority; or in notices or proceedings to
validate such bonds, notes, or other obligations of the authority. (j) The issuance of any bond, revenue bond, note, or other
obligation or the incurring of any debt by the authority must, prior
to such, be approved by the Georgia State Financing and Investment
Commission established by Article VII, Section IV, Paragraph VII of
the Constitution of the State of Georgia of 1983 or its successor. |