Title 50, Chapter 26, Section 10
( 50-26-10)
(a) The offer, sale, or issuance of bonds, notes, or other
obligations by the authority shall not be subject to regulation
under Chapter 5 of Title 10, the "Georgia Securities Act of 1973."
No notice, proceeding, or publication except those required in this
chapter is necessary to the performance of any act authorized in
this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for loans
and for use of its services and facilities as is sufficient in the
aggregate (when added to any other grants or funds available to the
authority) to provide funds for the payment of the interest on and
principal of all bonds payable from said revenues and to meet all
other encumbrances upon such revenues as provided by any agreement
executed by the authority in connection with the exercise of its
powers under this chapter and for the payment of all operating costs
and expenses which shall be incurred by the authority, including
provisions for appropriate reserves, except for funds appropriated
to the State of Georgia Guaranteed Revenue Debt Common Reserve Fund
with respect to any bonds issued by the authority as guaranteed
revenue debt; provided, however, that such costs and expenses shall
include any reimbursement to the State of Georgia Guaranteed Revenue
Debt Common Reserve Fund because of any payments made from such fund
for any guaranteed revenue debt issued by the authority. (c) The use and disposition of the authority's revenue is subject to
the provisions of the resolutions authorizing the issuance of any
bonds payable therefrom or of the trust agreement or indenture, if
any, securing the same. The authority may designate any of its bonds
as general obligations or may limit the source of repayment pursuant
to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in
anticipation of the collection of the revenues from such loan or
loans, of bonds to provide funds therefor, may be authorized under
this chapter by resolution of the authority. Unless otherwise
provided therein, such resolution shall take effect immediately and
need not be published or posted. The authority, in determining the
amount of such bonds, may include all costs and estimated costs of
the issuance of the bonds; all fiscal, legal, and trustee expenses;
and all costs of the project. Such bonds may also be issued to pay
off, refund, or refinance any outstanding bonds or other obligations
of any nature, whether or not such bonds or other obligations are
then 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. (e) Bonds may be issued under this chapter in one or more series;
may bear such date or dates; may mature at such time or times, not
exceeding 40 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
registered or book entry; may be issued in such 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; may be the subject of a put or agreement to
repurchase by the authority or others; may be resold by the
authority, once acquired, without the acquisition being considered
the extinguishment of the bonds; may be issued for a project or for
more than one project, whether or not such project is identified at
the time of bond issuance; 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 on such terms and conditions as
the authority determines. (f) The bonds must be signed by the chair or vice chair of the
authority; the corporate seal of the authority must be impressed,
imprinted, or otherwise reproduced on the bonds; and the bonds must
be attested by the signature of the secretary or assistant secretary
of the authority. The signatures of the officers of the authority
and the seal of the authority on any bond issued by the authority
may be 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 issued under authority of this
chapter bearing signatures or facsimiles of signatures of officers
of the authority in office on the date of the signing thereof are
valid and binding, notwithstanding that before the delivery thereof
and payment therefor such officers whose signatures appear thereon
have ceased to be officers of the authority. Pending the
preparation of the definitive bonds, interim certificates, 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 chapter. (g) The provisions of this chapter and of any bond resolution,
indenture, or trust agreement entered into pursuant to this chapter
are a contract with every holder of the bonds; and the duties of the
authority under this chapter and under any such bond resolution,
indenture, or trust agreement are enforceable by any bondholder by
mandamus or other appropriate action or proceeding at law or in
equity. (h) The authority may provide for the replacement of any bond which
becomes mutilated, lost, or destroyed in the manner provided by the
resolution, indenture, or trust agreement. (i)(1) The authority shall not have outstanding at any one time
bonds and notes for its single-family residential housing program
in an aggregate amount exceeding $1.3 billion, excluding bonds and
notes issued to refund outstanding bonds and notes. (2) The authority shall not have outstanding at any one time bonds
and notes for financing of enterprises, other than enterprises
contained in a health facility and other than housing, exceeding
$140 million and shall not issue any such bonds or notes after
June 30, 1995; provided, however, that such limitations shall not
apply with respect to bonds and notes issued to refund outstanding
bonds and notes. (3) The authority shall not have outstanding at any one time bonds
and notes for the financing of health care services exceeding $30
million; provided, however, that such limitations shall not apply
with respect to bonds and notes issued to refinance outstanding
bonds and notes.
(4) Any limitations with respect to interest rates or any maximum
interest rate or rates found in Article 3 of Chapter 82 of Title
36, the "Revenue Bond Law," the usury laws of this state, or any
other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the "Revenue Bond Law," as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the
clerk of the Superior Court of Fulton County, Georgia. Such
signature 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 is original evidence of the
fact of judgment and shall be received as original evidence in any
court in this state. (l) The authority shall reimburse the district attorney for his or
her actual costs, if any, associated with the bond validation
proceedings. The fees payable to the clerk of the Superior Court of
Fulton County for validation and confirmation shall be as follows
for each bond, regardless of the denomination of such bond: $1.00
for each bond for the first 100 bonds; 25¢ for each of the next 400
bonds; and 10¢ for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds
to be issued by the authority are to bear, the notice to the
district attorney or the 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
the petition and complaint or may state that, if the bonds are to
bear different rates of interest for different maturity dates, none
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 in this Code section 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. (n) Prior to issuance, all bonds shall be subject to the approval of
the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter
shall govern all civil claims, proceedings, and actions respecting
debt of the authority evidenced by bonds. |