Title 50, Chapter 32, Section 31
( 50-32-31)
(a)(1) The authority shall have the power and is authorized at one
time or from time to time to provide by one or more authorizing
resolutions for the issuance of revenue bonds, but the authority
shall not have the power to incur indebtedness under this
subsection in excess of the cumulative principal sum of $1 billion
but excluding from such limit bonds issued for the purpose of
refunding bonds which have been previously issued. The authority
shall have the power to issue such revenue bonds and the proceeds
thereof for the purpose of paying all or part of the costs of any
project or undertaking which is for the purpose of exercising the
powers delegated to it by this chapter, and the construction and
provision of such installations and facilities as the authority
may from time to time deem advisable to construct or contract for
those purposes, as such undertakings and facilities shall be
designated in the resolution of the board of directors authorizing
the issuance of such bonds. (2) The revenue bonds and the interest payable thereon shall be
exempt from all taxation within the state imposed by the state or
any county, municipal corporation, or other political subdivision
of the state. (b) In addition, the authority shall have the power and is
authorized to issue bonds in such principal amounts as the authority
deems appropriate, such bonds to be primarily secured by a pool of
obligations issued by local governments when the proceeds of the
local government obligations are applied to projects of the
authority. (c) The authority shall have the power from time to time to refund
any bonds by the issuance of new bonds whether the bonds to be
refunded have or have not matured and may issue bonds partly to
refund bonds then outstanding and partly for any other corporate
purpose. (d) Bonds issued by the authority may be general or limited
obligations payable solely out of particular revenues or other
moneys of the authority as may be designated in the proceedings of
the authority under which the bonds shall be authorized to be
issued, subject to any agreements entered into between the authority
and state agencies, local government, or private parties and subject
to any agreements with the owners of outstanding bonds pledging any
particular revenues or moneys. (e)(1) The authority is authorized to obtain from any department,
agency, or corporation of the United States of America or
governmental insurer, including the state, any insurance or
guaranty, to the extent now or hereafter available, as to or for
the payment or repayment of interest or principal, or both, or any
part thereof on any bonds or notes issued by the authority or on
any obligations of federal, state, or local governments purchased
or held by the authority; and to enter into any agreement or
contract with respect to any such insurance or guaranty, except to
the extent that the same would in any way impair or interfere with
the ability of the authority to perform and fulfill the terms of
any agreement made with the owners of the bonds or notes of the
authority.
(2) Bonds issued by the authority shall be authorized by
resolution of the authority, be in such denominations, bear such
date or dates, and mature at such time or times as the authority
determines to be appropriate, except that bonds and any renewal
thereof shall mature within 25 years of the date of their original
issuance. Such bonds shall be subject to such terms of
redemption, bear interest at such rate or rates payable at such
times, be in registered form or book-entry form through a
securities depository, or both, as to principal or interest or
both principal and interest, carry such registration privileges,
be executed in such manner, be payable in such medium of payment
at such place or places, and be subject to such terms and
conditions as such resolution of the authority may provide;
provided, however, in lieu of specifying the rate or rates of
interest which the bonds to be issued by an authority are to bear,
the resolution of the authority may provide 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 as specified in the resolution
or may state that, in the event the bonds are to bear different
rates of interest for different maturity dates, none of such rates
will exceed the maximum rate, which rate may be fixed or may
fluctuate or otherwise change from time to time, as specified.
Bonds may be sold at public or private sale for such price or
prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue
of bonds may contain provisions which may be a part of the
contract with the owners of the bonds thereby authorized as to: (A) Pledging all or part of its revenues, together with any
other moneys, securities, contracts, or property, to secure the
payment of the bonds, subject to such agreements with bond
owners as may then exist; (B) Setting aside of reserves and the creation of sinking funds
and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of
bonds may be applied; (D) Limiting the right of the authority to restrict and regulate
the use of any project or part thereof in connection with which
bonds are issued; (E) Limiting the issuance of additional bonds, the terms upon
which additional bonds may be issued and secured, and the
refunding of outstanding or other bonds; (F) Setting the procedure, if any, by which the terms of any
contract with bond owners may be amended or abrogated, including
the proportion of bond owners which must consent thereto and the
manner in which such consent may be given; (G) Creating special funds into which any revenues or other
moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or
indenture or other agreement under which the bonds may be
issued;
(I) Vesting in a trustee or trustees such properties, rights,
powers, and duties in trust as the authority may determine; (J) Defining the acts or omissions to act which may constitute a
default in the obligations and duties of the authority to the
bond owners and providing for the rights and remedies of the
bond owners in the event of such default, including as a matter
of right the appointment of a receiver; provided, however, that
such rights and remedies shall not be inconsistent with the
general laws of the state and other provisions of this chapter; (K) Limiting the power of the authority to sell or otherwise
dispose of any environmental facility or any part thereof or
other property, including municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be
expended for operating, administrative, or other expenses of the
authority; (M) Providing for the payment of the proceeds of bonds,
obligations, revenues, and other moneys to a trustee or other
depository and for the method of disbursement thereof with such
safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different
character which in any way affect the security for the bonds or
the rights and remedies of bond owners. (4) In addition to the powers conferred upon the authority to
secure its bonds, the authority shall have power in connection
with the issuance of bonds to enter into such agreements as the
authority may deem necessary, consistent, or desirable concerning
the use or disposition of its revenues or other moneys or
property, including the mortgaging of any property and the
entrusting, pledging, or creation of any other security interest
in any such revenues, moneys, or property and the doing of any
act, including refraining from doing any act, which the authority
would have the right to do in the absence of such agreements. The
authority shall have power to enter into amendments of any such
agreements within the powers granted to the authority by this
chapter and to perform such agreements. The provisions of any
such agreements may be made a part of the contract with the owners
of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys,
accounts, contract rights, general intangibles, or other personal
property made or created by the authority shall be valid, binding,
and perfected from the time when such pledge is made or other
security interest attaches without any physical delivery of the
collateral or further act, and the lien of any such pledge or
other security interest shall be valid, binding, and perfected
against all parties having claims of any kind in tort, contract,
or otherwise against the authority irrespective of whether or not
such parties have notice thereof. No instrument by which such a
pledge or security interest is created nor any financing statement
need be recorded or filed. (6) All bonds issued by the authority shall be executed in the
name of the authority by the chairperson and secretary of the
authority and shall be sealed with the official seal or a
facsimile thereof. The facsimile signature of the chairperson and
the secretary of the authority may be imprinted in lieu of the
manual signature if the authority so directs. Bonds bearing the
manual or facsimile signature of a person in office at the time
such signature was signed or imprinted shall be fully valid,
notwithstanding the fact that before or after delivery thereof
such person ceased to hold such office. (7) Prior to the preparation of definitive bonds, the authority
may issue interim receipts, interim certificates, or temporary
bonds exchangeable for definitive bonds upon the issuance of the
latter; the authority may provide for the replacement of any bond
which shall become mutilated or be destroyed or lost. (8) All bonds issued by the authority under this chapter may be
executed, confirmed, and validated under and in accordance with
Article 3 of Chapter 82 of Title 36, except as otherwise provided
in this chapter. (9) The venue for all bond validation proceedings pursuant to this
chapter shall be Fulton County, and the Superior Court of Fulton
County shall have exclusive final court jurisdiction over such
proceedings. (10) Bonds issued by the authority shall have a certificate of
validation bearing the facsimile signature of the clerk of the
Superior Court of Fulton County and shall state the date on which
said 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 of this state. (11) 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 shall be as follows for each bond,
regardless of the denomination of such bond: (A) Fifty cents each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form
and character as to be negotiable instruments, the bonds are made
negotiable instruments within the meaning of and for all the
purposes of Georgia law subject only to the provisions of the
bonds for registration. (13) Neither the members of the authority nor any person executing
bonds shall be liable personally thereon or be subject to any
personal liability or accountability solely by reason of the
issuance thereof. (14) The authority, subject to such agreements with bond owners as
then may exist, shall have power out of any moneys available
therefor to purchase bonds of the authority, which shall thereupon
be canceled, at a price not in excess of the following: (A) If the bonds are then redeemable, the redemption price then
applicable plus accrued interest to the next interest payment
date; or (B) If the bonds are not then redeemable, the redemption price
applicable on the first date after such purchase upon which the
bonds become subject to redemption, plus accrued interest to the
next interest payment date. (15) 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 rate may be fixed or may
fluctuate or otherwise change from time to time, specified in such
notices and petition and complaint or may state that, in the event
the bonds are to bear different rates of interest for different
maturity dates, none of such rates will exceed the maximum rate,
which rate 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. |