36-75-11. Resolutions and referendums required prior to issuance of bonded indebtedness for new projects; exclusions.

On and after May 24, 2007, no public safety and judicial facilities authority created and activated by a single county pursuant to this chapter shall be authorized to issue bonds for new projects unless a resolution approving such projects is passed by a majority vote of the governing authority of the county that created and activated such authority.#

The proceeds of bonds issued by a public safety and judicial facilities authority created and activated by a single county pursuant to this chapter and any interest on such proceeds shall be used only for the projects set forth in the resolution approving the issuance of such bonds or for debt service on such bonds.#

Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3:#

1. (1)

   Which is authorized by general or local Act to operate and issue bonds in a single county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter; and#

2. (2)

   Which constructs or operates buildings or facilities for use by any department, agency, division, or commission of any county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter shall obtain approval by resolution as provided for in subsection (a) of this Code section prior to issuing bonds for any new buildings, facilities, or real property or improvements to existing buildings, facilities, or real property and shall be bound to such resolution as provided in subsection (b) of this Code section.#

Subsections (a), (b), and (c) of this Code section shall apply only to the issuance of bonds the principal and interest of which will be repaid, directly or indirectly, in whole or in part, through funds of the county by agreement between the county and:#

1. (1)

   A public safety and judicial facilities authority created and activated pursuant to this chapter; or#

2. (2)

   Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3 that meets the conditions set forth in paragraphs (1) and (2) of subsection (c) of this Code section.#

The provisions of this Code section shall not apply under any circumstances to the issuance of “recovery zone economic development bonds” and “recovery zone facility bonds” as such terms are defined in Section 1401 of the federal American Recovery and Reinvestment Act of 2009.#