Title 50, Chapter 35, Section 8
( 50-35-8)
(a) The authority shall have the power and is authorized from time
to time to issue bonds, in such principal amounts as it may
determine to be necessary to pay all or a portion of the cost of any
project or environmental facilities and to provide amounts necessary
for any corporate purposes, including incidental expenses in
connection with the issuance of the bonds. (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 local environmental
facility projects. (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 holders 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 holders 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 such form, either coupon or registered, 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. 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 holders 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
bondholders 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 bondholders may be amended or abrogated, including
the proportion of bondholders 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, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to Code Section 50-10-11 and limiting or abrogating the rights of the bondholders to appoint a trustee under such Code section or limiting the rights, duties, and powers of such trustee; (J) Defining the acts or omissions to act which may constitute a
default in the obligations and duties of the authority to the
bondholders and providing for the rights and remedies of the
bondholders 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 article; (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 bondholders. (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
article and to perform such agreements. The provisions of any
such agreements may be made a part of the contract with the
holders 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. Coupons, if any, shall be executed in the name
of the authority by the chairperson of the authority, 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; and the facsimile of the chairperson's
signature shall be used on coupons, if such are attached. Bonds
and interest coupons appurtenant thereto 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 article 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 article. (9) The venue for all bond validation proceedings pursuant to this
article 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) 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. (12) 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. (13) The authority, subject to such agreements with bondholders 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. (14) 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 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. (f) The authority shall not incur bonded indebtedness exceeding $1
million. |