Title 36. LOCAL GOVERNMENT

Chapter 82. BONDS

101 sections · 36-82-1 to 36-82-256

TitleChapterArticle

Article 1. GENERAL PROVISIONS

36-82-1Election for bonded debt; right to sell bonds at discount; advertisements as binding statements of intention; use of surpluses; meetings open to public; refunding.
36-82-2Voting in election for bonded debt; returns and declaration of election result.
36-82-3Issuance of bonds upon favorable election vote; ordinance or resolution authorizing refunding bonds; issuance, content, and form of refunding bonds.
36-82-4Action for collection of bonds by holders.
36-82-4.1Advertisement of bond elections in certain counties; use of bond funds.
36-82-4.2Expenditure of bond funds for purposes other than stated in public bond notice.
36-82-5Destruction of unsold bonds authorized.
36-82-6Procedure for destruction of unsold bonds.
36-82-7Authorized investments for bond proceeds.
36-82-7.1Assessment and collection of tax to pay refunding bonds.
36-82-8Deduction of sinking fund in computing bonded indebtedness.
36-82-9Certification requirement for pension obligation bonds; requirement for reserve fund.
36-82-10Reporting requirements.

Article 2. VALIDATION OF BONDS · Part 1. GENERAL PROVISIONS

36-82-20Notice of election or resolution favoring issuance of bonds or refunding bonds.
36-82-21Petition to superior court to show cause; service of petition and order; answers.
36-82-22Notice of superior court hearing on show cause order.
36-82-23Hearing and judgment on show cause order; parties to proceedings; appeal.
36-82-24Effect of judgment of validation.
36-82-25Entry of reference to judgment of validation on bonds; use of entry as evidence.
36-82-26Payment of costs of judicial validation proceedings.
36-82-27Procedure upon failure of district attorney or Attorney General to file petition with superior court generally.
36-82-28Effect of judgment of validation upon failure to file petition.

Article 2. VALIDATION OF BONDS · Part 2. VALIDATION BY HOLDER OF BONDS ISSUED BY COUNTIES OR MUNICIPALITIES SUBSEQUENT TO ADOPTION OF CONSTITUTION OF 1877

36-82-40Authorization and procedure generally.
36-82-41Furnishing of indemnity bond by holder.
36-82-42Petition by holder to district attorney or Attorney General.
36-82-43Petition by district attorney or Attorney General to superior court; order to show cause; service of petition and order; answer.
36-82-44Hearing and judgment; parties to proceedings; appeal.
36-82-45Effect of judgment of validation.
36-82-46Applicability of Code Sections 36-82-22 and 36-82-25.
36-82-47Payment of costs of proceedings.

Article 3. REVENUE BONDS

36-82-60Short title.
36-82-61Definitions.
36-82-62Powers as to undertakings and revenue bonds generally.
36-82-63Adoption of resolution authorizing undertaking and issuance of revenue bonds.
36-82-64Issuance of revenue bonds generally; form; terms; signatures; interim receipts; negotiability; nontaxability.
36-82-65Covenants in resolution authorizing issuance of bonds; article and resolution as enforceable contract with bondholders.
36-82-66Governmental liability for payment of bonds; recitation on bond.
36-82-67Right of bondholder or trustee to apply for receivership upon default in payment on bond; procedure for appointment.
36-82-68Powers and duties of receiver generally.
36-82-69Limitations on authority of receiver and supervising court.
36-82-70Supervision of receiver by court.
36-82-71Surrender of receivership upon cure of default.
36-82-72Construction of Code Sections 36-82-67 through 36-82-71 and this Code section.
36-82-73Proceedings for validation of revenue bonds generally.
36-82-74Notice to district attorney or Attorney General of resolution authorizing revenue bonds.
36-82-75Duty of district attorney or Attorney General to file petition; order to show cause; service of petition and order; answer.
36-82-76Notice of hearing on validation.
36-82-77Hearing and judgment on validation; parties to proceedings; right of appeal; review of valuation of existing undertakings.
36-82-78Effect of judgment of validation.
36-82-79Entry of reference to judgment on validated bonds; use of entry as evidence; clerk’s fee.
36-82-80Payment of costs of proceedings.
36-82-81Procedure when district attorney or Attorney General fails to file petition.
36-82-82Effect of judgment of validation upon failure to file petition.
36-82-83Validation of revenue bonds of certain hospital authorities.
36-82-84Applicability of article to common carriers of passengers for hire.
36-82-85Construction of article generally; applicability of certain other provisions of law.

Article 4. BONDS

36-82-100Expenditure of bond proceeds; auditing.

Article 5. REGULATION OF INTEREST RATES FOR BONDS AND OBLIGATIONS OTHER THAN GENERAL OBLIGATION BONDS

36-82-120Purpose of article.
36-82-121Definitions.
36-82-122Exemption of bonds from Constitution and laws of Georgia regulating interest rates; fixing of rates of interest by resolution or ordinance.
36-82-123Repeal of regulations as to interest rates contained in other laws.
36-82-124Construction of article.

Article 6. FORM AND SERVICES CONNECTED WITH CREATION OF REPAYMENT OBLIGATIONS

36-82-140Use of facsimile signatures and seals; contracts with financial institutions to perform certain repayment functions; evidence of repayment obligations.
36-82-141Records of ownership, registration, transfer, and exchange of repayment obligations not public records.
36-82-142Construction of article.

Article 7. REGULATION OF BONDS AND OBLIGATIONS ISSUED BY DEVELOPMENT AUTHORITIES

36-82-160Requirements for filing; forms; exemptions.Reserved

Article 8. GEORGIA ALLOCATION SYSTEM

36-82-180Short title.
36-82-181Legislative purpose.
36-82-182Definitions.
36-82-183Powers of department.
36-82-184Determination of state ceiling; records required.
36-82-185Application for notice of allocation; receipt of application; issue of notice; confirmation of bond issue; certificates under Federal Code.
36-82-186Economic development share.
36-82-187Application for economic development share and competitive pool allocation; priority of and approval of application; carrying over; time and amount limitation.
36-82-188Employment test.
36-82-189Housing share.
36-82-190Reservations from housing share.
36-82-191Applications for single-family bond projects; issue of notice; confirmation; exploration.
36-82-192Requirements for applications for qualified residential rental projects; periods for notices of allocation; expiration dates for notices; confirmation of issuance required.
36-82-193Flexible share for 1990.
36-82-194Application for flexible pool allocation; issue of notice; confirmation; expiration.
36-82-195Policy guidelines for making allocations.
36-82-196Factors to consider in applying policy guidelines.
36-82-197Transfer of fund from economic development share or applicable reservation component of housing share to the flexible share.
36-82-198Flexible share carryforward funds.
36-82-199Carryforward applications.
36-82-200Mortgage credit certificate carryforward election.
36-82-201State ceiling deemed allocated and assigned.
36-82-202Applicability.

Article 9. TRUSTS

36-82-220Definitions.
36-82-221Sponsoring governmental unit requirement.
36-82-222Construction.

Article 10. COMMERCIAL PAPER NOTES FROM GOVERNMENT

36-82-240Definitions.
36-82-241Governed by general provisions on commercial paper; issuance of security by governmental entity; requirements of governing body renewal and reissuance of commercial paper.

Article 11. INTEREST RATE MANAGEMENT AGREEMENTS

36-82-250Definitions.
36-82-251Qualified interest rate management agreements authorized.
36-82-252Plan required; annual review of plan and report.
36-82-253Requirements for plans; renewal or termination; provisions and limitations regarding obligation for payment; credit enhancement and liquidity agreements.
36-82-254Required information in annual financial statements.
36-82-255Applicability of Georgia law; jurisdiction.
36-82-256Applicability to prior contracts.