3 | 3 | | By: Representative Tran of the 80 |
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4 | 4 | | th |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | To create the City of Doraville Building and Public Facilities Authority; to provide that the |
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9 | 9 | | 1 |
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10 | 10 | | authority is a body corporate and politic and an instrumentality of the State of Georgia; to2 |
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11 | 11 | | authorize the authority to acquire, construct, equip, maintain, and operate certain projects,3 |
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12 | 12 | | including buildings and facilities for use by the City of Doraville for its governmental,4 |
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13 | 13 | | proprietary, and administrative functions; to provide for members of the authority and their5 |
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14 | 14 | | terms, organization, and reimbursement; to provide for vacancies; to provide for definitions;6 |
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15 | 15 | | to confer powers and impose duties on the authority; to provide for limitations to the7 |
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16 | 16 | | authority; to authorize the authority to enter into contracts and leases pertaining to uses of8 |
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17 | 17 | | such facilities, which contracts and leases may obligate the lessees to make payment for the9 |
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18 | 18 | | use of the facilities for the term thereof and to pledge for that purpose money derived from10 |
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19 | 19 | | taxation; to provide that no debt of the City of Doraville or the State of Georgia shall be11 |
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20 | 20 | | incurred by the exercise of any of the powers granted; to authorize the issuance of revenue12 |
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21 | 21 | | bonds of the authority payable from the revenues, rents, and earnings and other functions of13 |
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22 | 22 | | the authority; to authorize the collecting and pledging of such revenues, rents, and earnings14 |
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23 | 23 | | for the payment of such bonds; to authorize the adoption of resolutions and the execution of15 |
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24 | 24 | | trust agreements and indentures to secure the payment of such bonds and to define the rights16 |
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25 | 25 | | of the holders of such bonds; to provide for a sinking fund; to make the bonds of the17 |
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26 | 26 | | authority exempt from taxation; to authorize the issuance of refunding bonds; to provide for18 |
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27 | 27 | | H. B. 356 |
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29 | 29 | | the validation of such bonds and to fix the venue for jurisdiction of actions relating to any |
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30 | 30 | | 19 |
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31 | 31 | | provision of this Act; to provide for immunity and exemption from liability for torts and20 |
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32 | 32 | | negligence; to provide that the property of the authority shall not be subject to levy and sale;21 |
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33 | 33 | | to provide that certain moneys are trust funds; to provide that this Act shall be liberally22 |
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34 | 34 | | construed; to define the scope of the authority's operation; to provide for disposition of23 |
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35 | 35 | | property upon dissolution of the authority; to provide for severability; to provide for a short24 |
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36 | 36 | | title; to provide for related matters; to repeal conflicting laws; and for other purposes.25 |
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37 | 37 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26 |
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38 | 38 | | SECTION 1.27 |
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39 | 39 | | Short title.28 |
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40 | 40 | | This Act shall be known and may be cited as the "City of Doraville Building and Public29 |
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41 | 41 | | Facilities Authority Act."30 |
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42 | 42 | | SECTION 2.31 |
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43 | 43 | | City of Doraville Building and Public Facilities Authority.32 |
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44 | 44 | | There is created a public body corporate and politic to be known as the City of Doraville33 |
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45 | 45 | | Building and Public Facilities Authority, which shall be an instrumentality and a public34 |
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46 | 46 | | corporation of the State of Georgia, the purpose of which shall be to acquire, construct,35 |
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47 | 47 | | equip, maintain, and operate certain projects for use by the City of Doraville for its36 |
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48 | 48 | | governmental, proprietary, public, and administrative functions. The authority shall not be37 |
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49 | 49 | | a state institution or a department or agency of the state, but shall be an instrumentality of the38 |
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50 | 50 | | state, a mere creation of the state, being a distinct corporate entity and exempt from the39 |
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51 | 51 | | provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State40 |
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52 | 52 | | H. B. 356 |
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54 | 54 | | Financing and Investment Commission Act." The authority shall have its principal office in |
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55 | 55 | | 41 |
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56 | 56 | | the City of Doraville, and its legal situs or residence for the purposes of this Act shall be the42 |
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57 | 57 | | City of Doraville.43 |
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58 | 58 | | SECTION 3.44 |
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59 | 59 | | Membership.45 |
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60 | 60 | | The authority shall consist of five members who shall be eligible to succeed themselves and46 |
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61 | 61 | | who shall be appointed by the City Council of the City of Doraville. No more than two47 |
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62 | 62 | | members of the authority may be members of said city council. Any member of the authority48 |
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63 | 63 | | who is a member of said city council shall serve for a term of office concurrent with such49 |
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64 | 64 | | person's term of office as a member of said city council. Each member of the authority who50 |
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65 | 65 | | is not a member of said city council shall serve for a term of office of three years, except that51 |
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66 | 66 | | the initial terms of office of those members first appointed to the authority shall be specified52 |
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67 | 67 | | at the time of appointment to be one, two, and, if no such member is a member of the city53 |
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68 | 68 | | council, three years. After such initial terms, those members who are not members of said54 |
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69 | 69 | | city council shall serve for terms of office of three years each. Members of the authority55 |
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70 | 70 | | shall serve for the terms of office so specified and until the appointment and qualification of56 |
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71 | 71 | | their respective successors. Vacancies on the authority shall be filled by said city council for57 |
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72 | 72 | | the remainder of the unexpired term and until the appointment and qualification of a58 |
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73 | 73 | | successor. Immediately after their appointment, the members of the authority shall enter59 |
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74 | 74 | | upon their duties. The authority shall elect one of its members as chairperson and one as vice60 |
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75 | 75 | | chairperson. The secretary-treasurer of the authority shall be appointed by the authority and61 |
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76 | 76 | | need not be a member of the authority. Two members of the authority shall constitute a62 |
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77 | 77 | | quorum and no vacancy on the authority shall impair the right of the quorum to exercise all63 |
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78 | 78 | | the rights and perform all the duties of the authority and, in every instance, a majority vote64 |
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79 | 79 | | of a quorum shall authorize any legal act of the authority, including all things necessary to65 |
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80 | 80 | | H. B. 356 |
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82 | 82 | | authorize and issue revenue bonds. The members of the authority shall receive no |
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83 | 83 | | 66 |
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84 | 84 | | compensation for their services but may be reimbursed by the authority for the actual67 |
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85 | 85 | | expenses necessarily incurred in the performance of their duties. The authority shall make68 |
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86 | 86 | | rules and regulations for its own government and shall have perpetual existence.69 |
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87 | 87 | | SECTION 4.70 |
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88 | 88 | | Definitions.71 |
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89 | 89 | | As used in this Act, the following words and terms shall have the following meanings unless72 |
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90 | 90 | | a different meaning clearly appears from the context:73 |
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91 | 91 | | (1) "Authority" shall mean the City of Doraville Building and Public Facilities Authority74 |
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92 | 92 | | created by this Act.75 |
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93 | 93 | | (2) "Project" shall mean and include real and personal property acquired or held by the76 |
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94 | 94 | | authority, including all land, buildings, structures, sanitary and surface water sewers, and77 |
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95 | 95 | | other public property determined by the authority to be desirable for the efficient78 |
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96 | 96 | | operation of any department, board, office, commission, or agency of the City of79 |
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97 | 97 | | Doraville, or of the State of Georgia, in the performance of its governmental, proprietary,80 |
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98 | 98 | | and administrative functions.81 |
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99 | 99 | | (3) "Cost of project" shall include the cost of lands, buildings, improvements, machinery,82 |
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100 | 100 | | equipment, property, easements, rights, franchises, material, labor, services acquired or83 |
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101 | 101 | | contracted for, plans and specification, and financing charges; construction costs; interest84 |
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102 | 102 | | prior to and during construction; architectural, accounting, engineering, inspection,85 |
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103 | 103 | | administrative, fiscal, and legal expenses; expenses incident to determining the feasibility86 |
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104 | 104 | | or practicability of the project; and expenses incident to the acquiring, constructing,87 |
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105 | 105 | | equipping, and operating of any project or any part thereof and to the placing of the same88 |
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106 | 106 | | in operation.89 |
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107 | 107 | | H. B. 356 |
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109 | 109 | | (4) "Revenue bonds" shall mean revenue bonds issued under the provisions of Article 3 |
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110 | 110 | | 90 |
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111 | 111 | | of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or under the91 |
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112 | 112 | | provisions of this Act. The obligations authorized under this Act may be issued by the92 |
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113 | 113 | | authority in the manner authorized under the Revenue Bond Law.93 |
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114 | 114 | | SECTION 5.94 |
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115 | 115 | | Powers.95 |
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116 | 116 | | The authority shall have all the powers necessary or convenient to carry out and effectuate96 |
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117 | 117 | | the purposes and provisions of this Act, including, but without limiting the generality of the97 |
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118 | 118 | | foregoing, the power:98 |
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119 | 119 | | (1) To sue and be sued;99 |
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120 | 120 | | (2) To adopt and alter a corporate seal;100 |
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121 | 121 | | (3) To make and execute with public and private persons and corporations contracts,101 |
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122 | 122 | | trusts, leases, rental agreements, and other instruments relating to its projects and in102 |
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123 | 123 | | furtherance of the purposes of the authority, including contracts for the constructing,103 |
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124 | 124 | | renting, and leasing of its projects for the use of any county or municipality in this state;104 |
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125 | 125 | | (4) To acquire in its own name by purchase on such terms and conditions and in such105 |
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126 | 126 | | manner as it may deem proper or by gift, grant, lease, or otherwise, real and personal106 |
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127 | 127 | | property necessary or convenient for its corporate purposes, or rights and easements107 |
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128 | 128 | | therein, and to use the same so long as its corporate existence shall continue and to lease108 |
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129 | 129 | | or make contracts with respect to the use of or disposition of the same in any manner it109 |
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130 | 130 | | deems to the best advantage of the authority. Title to any such property shall be held by110 |
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131 | 131 | | the authority exclusively for the benefit of the public.111 |
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132 | 132 | | (5) To improve, extend, add to, reconstruct, renovate, or remodel any project or part112 |
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133 | 133 | | thereof already acquired;113 |
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134 | 134 | | H. B. 356 |
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136 | 136 | | (6) To pledge or assign any revenues, income, rent, charges, and fees received by the |
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137 | 137 | | 114 |
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138 | 138 | | authority;115 |
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139 | 139 | | (7) To appoint and select agents, engineers, architects, attorneys, fiscal agents,116 |
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140 | 140 | | accountants, and employees and to provide for their compensation and duties;117 |
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141 | 141 | | (8) To construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend,118 |
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142 | 142 | | improve, operate, manage, and equip projects located on land owned or leased by the119 |
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143 | 143 | | authority;120 |
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144 | 144 | | (9) To receive, accept, and use any contributions, loans, or grants by persons, firms, or121 |
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145 | 145 | | corporations, including the State of Georgia and the United States of America, and any122 |
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146 | 146 | | other contributions;123 |
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147 | 147 | | (10) To pay all or part of the costs of any project from the proceeds of revenue bonds of124 |
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148 | 148 | | the authority or from other lawful sources available to it;125 |
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149 | 149 | | (11) To prescribe rules and regulations for the operation of and to exercise police powers126 |
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150 | 150 | | over the projects managed or operated by the authority;127 |
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151 | 151 | | (12) To accept, receive, and administer gifts, grants, loans and devises of money,128 |
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152 | 152 | | material, and property of any kind, including loans and grants from the State of Georgia129 |
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153 | 153 | | or the United States of America or any agency or instrumentality thereof, upon such130 |
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154 | 154 | | terms and conditions as the State of Georgia or the United States of America or such131 |
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155 | 155 | | agency or instrumentality may impose;132 |
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156 | 156 | | (13) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, grant in133 |
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157 | 157 | | trust, or grant options for any real or personal property or interest therein in furtherance134 |
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158 | 158 | | of the purposes of the authority;135 |
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159 | 159 | | (14) As security for repayment of authority obligations, to pledge, mortgage, convey,136 |
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160 | 160 | | assign, hypothecate, or otherwise encumber any property, real or personal, of such137 |
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161 | 161 | | authority and to execute any trust agreement, indenture, or security agreement containing138 |
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162 | 162 | | any provisions not in conflict with law, which trust agreement, indenture, or security139 |
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163 | 163 | | agreement may provide for foreclosure or forced sale of any property of the authority140 |
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164 | 164 | | H. B. 356 |
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166 | 166 | | upon default, on such obligations, either in payment of principal or interest or in the |
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167 | 167 | | 141 |
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168 | 168 | | performance of any term or condition, as are contained in such agreement or indenture;142 |
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169 | 169 | | (15) To borrow money for any of its corporate purposes, to issue revenue bonds payable143 |
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170 | 170 | | solely from funds pledged for that purpose, and to provide for the payment of the same144 |
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171 | 171 | | and for the rights of the holders thereof;145 |
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172 | 172 | | (16) To exercise all powers usually possessed by private corporations performing similar146 |
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173 | 173 | | functions which are not in conflict with the Constitution and laws of this state; and147 |
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174 | 174 | | (17) Pursuant to proper resolution of the authority, to issue revenue bonds payable from148 |
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175 | 175 | | the rents and revenues of the authority and its projects, which bonds may be issued in149 |
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176 | 176 | | either fully negotiable coupon form, in which event they shall have all the qualities and150 |
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177 | 177 | | incidents of negotiable instruments under the laws of the State of Georgia, or which151 |
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178 | 178 | | bonds may be issued in whole or in part in nonnegotiable fully registered form without152 |
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179 | 179 | | coupons, payable to a designated payee or to the registered assigns of the payee with such153 |
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180 | 180 | | conversion privileges as the authority may provide, for the purpose of paying all or any154 |
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181 | 181 | | part of the cost associated with the projects authorized by the authority, including the cost155 |
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182 | 182 | | of constructing, reconstructing, equipping, extending, adding to, or improving such156 |
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183 | 183 | | projects or for the purpose of refunding, as provided in this Act, any such bonds of the157 |
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184 | 184 | | authority theretofore issued. If the proceeds of the bonds of any issue shall exceed the158 |
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185 | 185 | | amount required for the purpose for which such bonds were issued, the surplus shall be159 |
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186 | 186 | | paid into the fund provided for the payment of principal and interest on such bonds. All160 |
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187 | 187 | | such revenue bonds shall be issued and validated under and in accordance with the161 |
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188 | 188 | | procedures of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond162 |
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189 | 189 | | Law, and in accordance with all terms and provisions thereof not in conflict with this Act,163 |
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190 | 190 | | and in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of164 |
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191 | 191 | | facsimile signatures on public securities, and, as security for the payment of any revenue165 |
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192 | 192 | | bonds so authorized, any rents and revenue of the authority may be pledged and assigned. 166 |
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193 | 193 | | Such bonds shall be declared to be issued for an essential public and governmental167 |
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194 | 194 | | H. B. 356 |
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196 | 196 | | purpose, and such bonds and all income therefrom shall be exempt from all taxation |
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197 | 197 | | 168 |
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198 | 198 | | within the State of Georgia. For the purpose of the exemption from taxation of such169 |
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199 | 199 | | bonds and the income therefrom, the authority shall be deemed to be a political170 |
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200 | 200 | | subdivision of the State of Georgia.171 |
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201 | 201 | | SECTION 6.172 |
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202 | 202 | | Credit not pledged and debt not created by bonds.173 |
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203 | 203 | | Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge174 |
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204 | 204 | | of the faith and credit of the State of Georgia or the City of Doraville, but such bonds shall175 |
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205 | 205 | | be payable from the rentals, revenue, earnings, and funds of the authority as provided in the176 |
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206 | 206 | | resolution or trust agreement or indenture authorizing the issuance and securing the payment177 |
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207 | 207 | | of such bonds. The issuance of such bonds shall not directly, indirectly, or contingently178 |
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208 | 208 | | obligate the state or said city to levy or pledge any form of taxation for the payment thereof. 179 |
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209 | 209 | | No holder of any bond or receiver or trustee in connection therewith shall have the right to180 |
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210 | 210 | | enforce the payment thereof against any property of the state or of said city, nor shall any181 |
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211 | 211 | | such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such182 |
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212 | 212 | | property. All such bonds shall contain on their face a recital setting forth substantially the183 |
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213 | 213 | | foregoing provisions of this section.184 |
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214 | 214 | | SECTION 7.185 |
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215 | 215 | | Trust agreement.186 |
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216 | 216 | | In the discretion of the authority, any issue of revenue bonds may be secured by an187 |
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217 | 217 | | agreement or indenture made by the authority with a corporate trustee, which may be any188 |
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218 | 218 | | trust company or bank having the powers of a trust company within or without the State of189 |
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219 | 219 | | Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges,190 |
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220 | 220 | | H. B. 356 |
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222 | 222 | | revenues, and earnings to be received by the authority. The resolution providing for the |
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223 | 223 | | 191 |
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224 | 224 | | issuance of revenue bonds and such trust agreement or indenture may contain provisions for192 |
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225 | 225 | | protecting and enforcing the rights and remedies of the bondholders, including the right of193 |
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226 | 226 | | appointment of a receiver upon default of the payment of any principal or interest obligation194 |
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227 | 227 | | and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or195 |
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228 | 228 | | revenues for use of the project or projects necessary to pay all costs of operation and all196 |
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229 | 229 | | reserves provided for, all principal and interest on all bonds of the issue, all costs of197 |
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230 | 230 | | collection, and all other costs reasonably necessary to accomplish the collection of such sums198 |
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231 | 231 | | in the event of any default of the authority. Such resolution and such trust agreement or199 |
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232 | 232 | | indenture may include covenants setting forth the duties of the authority in relation to the200 |
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233 | 233 | | acquisition of property for and the construction of the project and to the custody,201 |
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234 | 234 | | safeguarding, and application of all funds and covenants providing for the operation,202 |
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235 | 235 | | maintenance, repair, and insurance of the project or projects and may contain provisions203 |
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236 | 236 | | concerning the conditions, if any, upon which additional revenue bonds may be issued. Such204 |
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237 | 237 | | trust agreement or indenture may set forth the rights and remedies of the bondholders and of205 |
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238 | 238 | | the trustee and may restrict the individual right of action of bondholders as is customary in206 |
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239 | 239 | | securing bonds and debentures of corporations and may contain such other provisions as the207 |
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240 | 240 | | authority may deem reasonable and proper for the security of the bondholders. All expenses208 |
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241 | 241 | | incurred in carrying out such trust may be treated as a part of the cost of maintenance,209 |
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242 | 242 | | operation, and repair of the project affected by such trust.210 |
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243 | 243 | | SECTION 8.211 |
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244 | 244 | | Refunding bonds.212 |
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245 | 245 | | The authority is authorized to provide by resolution for the issuance of revenue bonds of the213 |
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246 | 246 | | authority for the purpose of calling, refunding, or refinancing any revenue bonds issued214 |
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247 | 247 | | under the provisions of this Act and then outstanding and to include in the amount of such215 |
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248 | 248 | | H. B. 356 |
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250 | 250 | | refunding bonds all interest and any call premiums that may be required for the redemption |
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251 | 251 | | 216 |
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252 | 252 | | and refunding of such outstanding bonds.217 |
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253 | 253 | | SECTION 9.218 |
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254 | 254 | | Venue of actions, jurisdiction.219 |
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255 | 255 | | Any action to protect or enforce any rights under the provisions of this Act or any action220 |
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256 | 256 | | against the authority brought in the courts of the State of Georgia shall be brought in the221 |
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257 | 257 | | Superior Court of DeKalb County, Georgia, and any action pertaining to validation of any222 |
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258 | 258 | | bonds issued under the provisions of this Act shall be brought in said court, which shall have223 |
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259 | 259 | | exclusive, original jurisdiction of such actions.224 |
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260 | 260 | | SECTION 10.225 |
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261 | 261 | | Revenue bond validation.226 |
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262 | 262 | | The petition for validation of all revenue bonds of the authority shall be brought against the227 |
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263 | 263 | | authority, and any contracting party whose obligation is pledged as security for the payment228 |
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264 | 264 | | of the bonds sought to be validated, as defendants, and the defendants shall be required to229 |
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265 | 265 | | show cause, if any exists, why such contract or contracts and the terms and conditions thereof230 |
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266 | 266 | | shall not be adjudicated to be in all respects valid and binding upon such contracting parties.231 |
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267 | 267 | | It shall be incumbent upon such defendants to defend against adjudication of the validity and232 |
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268 | 268 | | binding effect of such contract or contracts or be forever bound thereby. Notice of such233 |
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269 | 269 | | proceedings shall be included in the notice of the validation hearing required to be issued and234 |
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270 | 270 | | published by the clerk of the Superior Court of DeKalb County in which court such235 |
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271 | 271 | | validation proceedings shall be initiated.236 |
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272 | 272 | | H. B. 356 |
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274 | 274 | | SECTION 11. |
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275 | 275 | | 237 |
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276 | 276 | | Interest of bondholders protected.238 |
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277 | 277 | | While any of the bonds issued by the authority remain outstanding, the powers, duties, or239 |
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278 | 278 | | existence of the authority or of its officers, employees, or agents shall not be diminished,240 |
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279 | 279 | | impaired, or affected in any manner that will affect adversely the interest and rights of the241 |
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280 | 280 | | holders of such bonds. The provisions of this Act shall be for the benefit of the authority and242 |
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281 | 281 | | the holders of any such bonds and, upon the issuance of bonds under the provisions of this243 |
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282 | 282 | | Act, shall constitute a contract with the holders of such bonds.244 |
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283 | 283 | | SECTION 12.245 |
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284 | 284 | | Revenues, earnings, rents, and charges; use.246 |
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285 | 285 | | (a) For the purpose of earning sufficient revenue to make possible the financing of the247 |
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286 | 286 | | construction of the project or projects of the authority with revenue bonds, the authority is248 |
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287 | 287 | | authorized and empowered to fix, revise, and collect rents, fees, and charges on each project249 |
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288 | 288 | | which it shall cause to be acquired or constructed. Such rents, fees, or charges to be paid for250 |
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289 | 289 | | the use of such project or projects shall be so fixed and adjusted so as to provide a fund251 |
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290 | 290 | | sufficient with other revenue, if any, of such project or projects or of the authority:252 |
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291 | 291 | | (1) To pay the cost of operating, maintaining, and repairing the project or projects,253 |
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292 | 292 | | including reserves for insurance and extraordinary repairs and other reserves required by254 |
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293 | 293 | | the resolution or trust agreement or indenture pertaining to such bonds and the issuance255 |
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294 | 294 | | thereof, unless such cost shall be otherwise provided for;256 |
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295 | 295 | | (2) To pay the principal of and interest on such revenue bonds as the same shall become257 |
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296 | 296 | | due, including call premiums, if any, the proceeds of which shall have been or shall be258 |
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297 | 297 | | used to pay the cost of such project or projects;259 |
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298 | 298 | | H. B. 356 |
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300 | 300 | | (3) To comply with any sinking fund requirements contained in the resolution or trust |
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301 | 301 | | 260 |
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302 | 302 | | agreement or indenture pertaining to the issuance of and security for such bonds;261 |
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303 | 303 | | (4) To perform fully all provisions of such resolution or trust agreement or indenture262 |
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304 | 304 | | relating to the issuance of or security for such bonds to the payment of which such rent263 |
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305 | 305 | | is pledged;264 |
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306 | 306 | | (5) To accumulate any excess income which may be required by the purchasers of such265 |
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307 | 307 | | bonds or may be dictated by the requirements of such resolution or trust agreement or266 |
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308 | 308 | | indenture, or which may be required for achieving ready marketability of and low interest267 |
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309 | 309 | | rates on such bonds; and268 |
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310 | 310 | | (6) To pay any expenses in connection with such bond issue or of such project,269 |
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311 | 311 | | including, but not limited to, trustees', attorney's, and fiscal agents' fees.270 |
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312 | 312 | | (b) Such rent shall be payable at such intervals as may be agreed upon and set forth in the271 |
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313 | 313 | | rental contract or lease providing therefor, and any such contract or lease may provide for the272 |
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314 | 314 | | commencement of rent payments to the authority prior to the completion of the project by273 |
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315 | 315 | | the authority and may provide for the payment of rent during such times as such project may274 |
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316 | 316 | | be partially or wholly untenantable.275 |
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317 | 317 | | (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and276 |
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318 | 318 | | keep in good repair, including complete reconstruction, if necessary, the rented or leased277 |
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319 | 319 | | premises and projects, regardless of the cause of the necessity of such maintenance, repair,278 |
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320 | 320 | | or reconstruction.279 |
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321 | 321 | | (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save280 |
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322 | 322 | | harmless the authority from any and all damage to persons and property occurring on or by281 |
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323 | 323 | | reason of the leased property or improvements thereon and to undertake, at the expense of282 |
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324 | 324 | | the tenants or lessees, the defense of any action brought against the authority by reason of283 |
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325 | 325 | | injury or damages to persons or property occurring on or by reason of the leased premises.284 |
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326 | 326 | | (e) In the event of any failure or refusal on the part of the tenants or lessees to perform285 |
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327 | 327 | | punctually any covenant or obligation contained in any such rental contract or lease, the286 |
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328 | 328 | | H. B. 356 |
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330 | 330 | | authority may enforce performance by any legal or equitable process against the tenants or |
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331 | 331 | | 287 |
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332 | 332 | | lessees.288 |
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333 | 333 | | (f) The authority shall be permitted to assign any rent payable to it, pursuant to such rental289 |
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334 | 334 | | contract or lease, to a trustee or paying agent as may be required by the terms of the290 |
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335 | 335 | | resolution or trust agreement or indenture relating to the issuance of and security for such291 |
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336 | 336 | | bonds.292 |
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337 | 337 | | (g) The use and disposition of the authority's revenue shall be subject to the provisions of293 |
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338 | 338 | | the resolution authorizing the issuance of such bonds or of the trust agreement or indenture,294 |
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339 | 339 | | if any, securing the same.295 |
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340 | 340 | | SECTION 13.296 |
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341 | 341 | | Sinking fund.297 |
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342 | 342 | | The revenue, rents, and earnings derived from any particular project or projects and any and298 |
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343 | 343 | | all revenue, rents, and earnings received by the authority, regardless of whether such299 |
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344 | 344 | | revenue, rents, and earnings were produced by a particular project for which bonds have been300 |
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345 | 345 | | issued, unless otherwise pledged, may be pledged by the authority to payment of the301 |
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346 | 346 | | principal of and interest on revenue bonds of the authority as may be provided in any302 |
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347 | 347 | | resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such303 |
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348 | 348 | | bonds, and such funds so pledged, from whatever source received, may include funds304 |
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349 | 349 | | received from one or more or all sources and may be set aside at regular intervals into305 |
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350 | 350 | | sinking funds for which provision may be made in any such resolution or trust instrument306 |
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351 | 351 | | and which may be pledged to and charged with the payment of the interest upon such307 |
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352 | 352 | | revenue bonds as such interest shall become due, the principal of the bonds as the same shall308 |
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353 | 353 | | mature, the necessary charges of any trustee or paying agent for paying such principal and309 |
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354 | 354 | | interest, and any premium upon bonds retired by call or purchase, and the use and disposition310 |
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355 | 355 | | of any sinking fund may be subject to such regulation as may be provided for in the311 |
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356 | 356 | | H. B. 356 |
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358 | 358 | | resolution authorizing the issuance of the bonds or in the trust instrument securing the |
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359 | 359 | | 312 |
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360 | 360 | | payment of the same.313 |
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361 | 361 | | SECTION 14.314 |
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362 | 362 | | Taxation status.315 |
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363 | 363 | | The exercise of the powers conferred upon the authority under this Act shall constitute an316 |
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364 | 364 | | essential governmental function for a public purpose, and to the maximum extent permitted317 |
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365 | 365 | | by general law, the authority shall be required to pay no taxes or assessments upon any of the318 |
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366 | 366 | | property acquired by it or under its jurisdiction, control, possession, or supervision or upon319 |
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367 | 367 | | its activities in the operation and maintenance of property acquired by it or of buildings320 |
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368 | 368 | | erected or acquired by it or any fees, rents, or other charges for the use of such property or321 |
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369 | 369 | | buildings or other income received by the authority. This section shall not include an322 |
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370 | 370 | | exemption from sales and use tax on property purchased by or for the use of the authority.323 |
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371 | 371 | | SECTION 15.324 |
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372 | 372 | | Immunity from tort actions.325 |
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373 | 373 | | The authority shall have the same immunity and exemption from liability for torts and326 |
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374 | 374 | | negligence as the City of Doraville, and the officers, agents, and employees of the authority,327 |
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375 | 375 | | when in performance of work of the authority, shall have the same immunity and exemption328 |
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376 | 376 | | from liability for torts and negligence as officers, agents, and employees of the City of329 |
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377 | 377 | | Doraville. The authority may be sued the same as private corporations on any contractual330 |
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378 | 378 | | obligation of the authority.331 |
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379 | 379 | | H. B. 356 |
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381 | 381 | | SECTION 16. |
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382 | 382 | | 332 |
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383 | 383 | | Property not subject to levy and sale.333 |
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384 | 384 | | The property of the authority shall not be subject to levy and sale under legal process.334 |
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385 | 385 | | SECTION 17.335 |
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386 | 386 | | Trust funds.336 |
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387 | 387 | | All funds received pursuant to the authority of Section 12 of this Act, whether as proceeds337 |
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388 | 388 | | from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as338 |
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389 | 389 | | grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied339 |
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390 | 390 | | by the authority, solely as provided in this Act. The bondholders entitled to receive the340 |
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391 | 391 | | benefits of such funds shall have a lien on all such funds until the same are applied as341 |
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392 | 392 | | provided for in any such resolution or trust instrument of the authority.342 |
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393 | 393 | | SECTION 18.343 |
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394 | 394 | | Construction.344 |
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395 | 395 | | This Act and any other law enacted with reference to the authority shall be liberally345 |
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396 | 396 | | construed for the accomplishment of the purposes of the authority.346 |
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397 | 397 | | SECTION 19.347 |
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398 | 398 | | Scope of operations.348 |
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399 | 399 | | The projects of the authority's operation shall be located in the territory embraced within the349 |
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400 | 400 | | jurisdictional limits of the City of Doraville as the same now or may hereafter exist.350 |
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401 | 401 | | H. B. 356 |
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403 | 403 | | SECTION 20. |
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404 | 404 | | 351 |
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405 | 405 | | Conveyance of property upon dissolution.352 |
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406 | 406 | | Should the authority for any reason be dissolved after full payment of all bonded353 |
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407 | 407 | | indebtedness incurred under this Act, both as to principal and interest, title to all property of354 |
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408 | 408 | | any kind and nature, real and personal, held by the authority at the time of such dissolution355 |
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409 | 409 | | shall be conveyed to the City of Doraville, or title to any such property may be conveyed356 |
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410 | 410 | | prior to such dissolution in accordance with provisions which may be made therefor in any357 |
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411 | 411 | | resolution or trust instrument relating to such property, subject to any liens, leases, or other358 |
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412 | 412 | | encumbrances outstanding against or in respect to said property at the time of such359 |
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413 | 413 | | conveyance.360 |
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414 | 414 | | SECTION 21.361 |
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415 | 415 | | Severability; effect of partial invalidity of Act.362 |
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416 | 416 | | Should any sentence, clause, phrase, or part of this Act be declared for any reason to be363 |
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417 | 417 | | unconstitutional or invalid, the same shall not affect such remainder of this Act or any part364 |
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418 | 418 | | hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall365 |
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419 | 419 | | remain in full force and effect, and it is the express intention of this Act to enact each366 |
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420 | 420 | | provision of this Act independently of any other provision hereof.367 |
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421 | 421 | | SECTION 22.368 |
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422 | 422 | | General repealer.369 |
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423 | 423 | | All laws and parts of laws in conflict with this Act are repealed.370 |
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424 | 424 | | H. B. 356 |
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425 | 425 | | - 16 - |
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