Title 50, Chapter 34, Section 7
( 50-34-7)
(a) The authority may issue bonds for the purpose of facilitating
economic development; for the improvement of public health, safety,
and welfare; and for other public purposes through the provision of
financing and financial assistance for projects, either directly or
indirectly through a financial institution; a lender; the state; any
institution, department, agency, fund, or authority of the state or
created under any state law; any political subdivision of the state;
or any other public agency, public or private business, enterprise,
agency, corporation, authority, or any other entity. (b) The authority shall have the power to borrow money and to issue
bonds, regardless of whether the interest payable by the authority
incident to such loans or bonds or income derived by the holders of
the evidence of such indebtedness or bonds is, for purposes of
federal taxation, includable in the taxable income of the recipients
of such payments or is otherwise not exempt from the imposition of
such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness
incurred by, the authority shall constitute an indebtedness or
obligation or a pledge of the faith and credit of the State of
Georgia or its agencies; nor shall any act of the authority in any
manner constitute or result in the creation of an indebtedness of
the state or its agencies or a cause of action against the state or
its agencies; provided, however, that the state, to the extent
permitted by its Constitution, may guarantee payment of such bonds,
notes, or other obligations as guaranteed revenue debt. (d) It is found, determined, and declared that the creation of the
authority and the carrying out of its corporate purpose are in all
respects for the benefit of the people of this state and are a
public purpose and the authority will be performing an essential
government function in the exercise of the powers conferred upon it
by this chapter. The state covenants with the holders of the bonds
that the authority shall not be required to pay any taxes or
assessments upon any of the property acquired or leased by the
authority or under the jurisdiction, control, possession, or
supervision of the authority or upon the activities of the authority
in the financing of the activities financed by the authority or upon
any principal, interest, premium, fees, charges, or other income
received by the authority and that the bonds of the authority, their
transfer, and the income therefrom shall at all times be exempt from
taxation within the state. The exemption from taxation is declared
to specifically extend to any subsidiary corporation created by the
board of directors of the authority but shall not extend to tenants
or lessees of the authority unless otherwise exempt from taxation.
The exemption from taxation shall include exemptions from sales and
use taxes on property purchased by the authority or for use by the
authority. (e) The state does pledge to and agree with the holders of any bonds
issued by the authority pursuant to this chapter that the state will
not alter or limit the rights vested in the authority to fulfill the
terms of any agreement made with or for the benefit of the holders
of bonds or in any way impair the rights and remedies of bondholders
until the bonds, together with the interest thereon, with interest
on any unpaid installments of interest, and all costs and expenses
in connection with any action or proceeding by or on behalf of such
holders are fully met and discharged or funds for the payment of
such are fully provided. The authority is authorized to include
this pledge and agreement of the state in any agreement with
bondholders. |