Title 50, Chapter 10, Section 5
( 50-10-5)
(a)(1) In addition to, and not in limitation of, the powers
granted in this chapter, the Georgia Development Authority shall
have and may exercise the power and authority to: (A) Guarantee or insure loans made for rural rehabilitation
purposes or for agricultural and industrial development,
provided that, with respect to any such guarantee or contract of
insurance made by the authority involving an asset provided to
the authority under Public Law 499, Eighty-first Congress,
Second Session, the authority shall maintain a reserve or
insurance fund out of such assets in an amount not less than 15
percent of the contingent liability existing by reason of any
such contracts of insurance or guarantee. The reserve or
insurance fund of the authority may be invested; and (B) Borrow money from funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to 33 U.S.C.A. Section 1381, et seq., and administered by the Georgia Environmental Facilities Authority pursuant to paragraph (30) of subsection (b) of Code Section 50-23-5 and to use the same to make loans to finance eligible water pollution control projects which are designed to mitigate pollution from agricultural operations. The borrowing of such moneys and administration of such loans made by the Georgia Development Authority shall be in accordance with federal requirements. (2) Any funds or assets of the authority obtained under the
provisions of Public Law 499, Eighty-first Congress, Second
Session, or funds derived from such funds or assets, shall not be
liable for any deficit, default, or failure of any environmental
facility project and the authority shall not be obligated on,
responsible for, or liable on any obligation of any kind entered
into relating to environmental facility projects. The authority
shall only be responsible for those obligations related to the
funds or assets of the authority received under Public Law 499,
Eighty-first Congress, Second Session and funds or assets derived
therefrom. (b) In addition to the powers granted in Code Section 50-10-4 and subsection (a) of this Code section, the authority shall have the power: (1) To bring and defend an action in all courts, the original
jurisdiction and venue of such actions against the authority being
in the Superior Court of Fulton County; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other
instruments necessary or convenient to exercise the powers of the
authority or to further the public purpose for which the authority
is created, and to make loans, to provide security for loans, or
to guarantee loans for the purpose of developing agriculture or
industry; provided, however, that the authority shall not make any
such loan or guarantee or provide any such security or issue any
bonds, notes, or other obligations in connection therewith, unless
the authority shall adopt a resolution finding that the project
for which such loan or guarantee is to be made or for which such
security is to be provided will promote the development of
agriculture or industry; (4) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real or personal property of every kind and
character, or any interest therein, in furtherance of the public
purpose of the authority; (5) To appoint officers, agents, and employees, prescribe their
duties and qualifications, and fix their compensation; (6) To borrow money to further or carry out its public purpose and
to issue revenue bonds, notes, or other obligations to evidence
such loans and to execute leases, trust indentures, trust
agreements for the sale of its revenue bonds, notes, or other
obligations, loan agreements, mortgages, deeds to secure debt,
trust deeds, security agreements, assignments, and such other
agreements or instruments as may be necessary or desirable in the
judgment of the authority, and to evidence and to provide security
for such loans; (7) To collect fees and charges in connection with its loans,
commitments, and servicing including, but not limited to,
reimbursements of costs of financing, as the authority shall
determine to be reasonable and as shall be approved by the
authority; (8) To invest, subject to any agreement with bondholders, moneys
of the authority not required for immediate use to carry out the
purposes of this chapter, including the proceeds from the sale of
any bonds and any moneys held in reserve funds, in obligations
which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other
obligations, the principal and interest of which are guaranteed
by the state; (B) Bonds or other obligations of the United States or of
subsidiary corporations of the United States government fully
guaranteed by such government; (C) Obligations of agencies of the United States government
issued by the Federal Land Bank, the Federal Home Loan Bank, the
Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing
agency or municipality in the United States, which bonds or
obligations are fully secured as to the payment of both
principal and interest by a pledge of annual contributions under
an annual contributions contract or contracts with the United
States government, or project notes issued by any public housing
agency, urban renewal agency, or municipality in the United
States and fully secured as to payment of both principal and
interest by a requisition, loan, or payment agreement with the
United States government; (E) Certificates of deposit of national or state banks located
within the state which have deposits insured by the Federal
Deposit Insurance Corporation or any Georgia deposit insurance
corporation and certificates of deposit of federal savings and
loan associations and state building and loan associations
located within the state which have deposits insured by the
Federal Savings and Loan Insurance Corporation or any Georgia
deposit insurance corporation, including the certificates of
deposit of any bank, savings and loan association, or building
and loan association acting as depository, custodian, or trustee
for any such bond proceeds; provided, however, that the portion
of such certificates of deposit in excess of the amount insured
by the Federal Deposit Insurance Corporation or the Federal
Savings and Loan Insurance Corporation or any Georgia deposit
insurance corporation, if any such excess exists, shall be
secured by deposit with the Federal Reserve Bank of Atlanta,
Georgia, or with any national or state bank located within the
state, of one or more of the following securities in an
aggregate principal amount equal at least to the amount of such
excess: (i) Direct and general obligations of the state or of any
county or municipality in the state; (ii) Obligations of the United States or subsidiary
corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government
included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing
agencies, urban renewal agencies, or municipalities included
in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements,
reverse repurchase agreements, rate guarantee agreements, or
other similar banking arrangements with a bank or trust company
having capital and surplus aggregating at least $50 million or
with any government bond dealer reporting to, trading with, and
recognized as a primary dealer by the Federal Reserve Bank of
New York having capital aggregating at least $50 million or with
any corporation which is subject to registration with the Board
of Governors of the Federal Reserve System pursuant to the
requirements of the federal Bank Holding Company Act of 1956,
provided that each such interest-bearing time deposit,
repurchase agreement, reverse repurchase agreement, rate
guarantee agreement, or other similar banking arrangement shall
permit the moneys so placed to be available for use at the time
provided with respect to the investment or reinvestment of such
moneys and provided, further, that all moneys in each such
interest-bearing time deposit, repurchase agreement, reverse
repurchase agreement, rate guarantee agreement, or other similar
banking arrangement shall be continuously and fully secured by
obligations described in subparagraph (A), (B), (C), or (D) of
this paragraph, equal at all times to the amount of the
interest-bearing time deposit, repurchase agreement, reverse
repurchase agreement, rate guarantee agreement, or other similar
banking arrangements; (9) To acquire or contract to acquire from any person, firm,
corporation, local government, federal or state agency, or
corporation by grant, purchase, or otherwise, leaseholds, real or
personal property, or any interest therein; and to sell, assign,
exchange, transfer, convey, lease, mortgage, or otherwise dispose
of or encumber the same; and local government is authorized to
grant, sell, or otherwise alienate leaseholds, real and personal
property, or any interest therein to the authority; (10) To invest any moneys held in debt service funds or sinking
funds not restricted as to investment by the Constitution or laws
of this state or the federal government or by contract not
required for immediate use or disbursement in obligations of the
types specified in paragraph (8) of this subsection, provided
that, for the purposes of this paragraph, the amounts and
maturities of such obligations shall be based upon and correlated
to the debt service, which debt service shall be the principal
installments and interest payments schedule for which such moneys
are to be applied; (11) To apply for and to accept any gifts or grants or loan
guarantees or loans of funds or property or financial or other aid
in any form from the federal government or any agency or
instrumentality thereof, or from the state or any agency or
instrumentality thereof, or from any other source for all of the
purposes specified in this chapter and to comply, subject to the
provisions of this chapter, with the terms and conditions thereof; (12) To use income earned on any investment for such corporate
purposes of the authority as the authority in its discretion shall
determine; (13) To adopt bylaws governing the conduct of business by the
authority, the election of officers of the authority other than
the chairman, the duties of officers of the authority, and other
matters which the authority determines to deal with in its bylaws; (14) To exercise any power granted by the laws of this state to
public or private corporations which is not in conflict with the
public purpose of the authority; (15) To do all things necessary or convenient to carry out the
powers conferred by this chapter; and (16) To designate three or more of its number to constitute an
executive committee who, to the extent provided in such resolution
or in the bylaws of the authority, shall have and may exercise the
powers of the authority in the management of the affairs and
property of the authority and the exercise of its power. (c) The authority shall not have the power of eminent domain. (d) No person shall be eligible to receive a loan from the
first-time farmer tax-free note program of the authority, or any
similar loan program established by the authority after July 1,
1986, unless such person has demonstrated to the satisfaction of the
authority that such person has the ability to and intends to derive
at least 25 percent of his or her livelihood from agricultural
operations. |