reglab/housing_qa huggingface dataset:
GA Code § 36-82-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 1 - General Provisions|§ 36-82-6. Notice, Hearing, Order of Court, and Affidavit of Two Disinterested Witnesses as to Destruction of Bonds; Compensation of Witnesses; Payment of Costs of Proceedings

  The governing authorities of the county, municipal corporation, or political subdivision shall publish a notice, once a week for four consecutive weeks, in the newspaper in which county advertisements are usually published in the county or in the county in which the municipal corporation or political subdivision is located. The notice shall indicate that the unsold bonds will be destroyed at the time and at the place in the county, municipal corporation, or political subdivision stated in the notice.   If no objection is filed by a taxpayer of the county, municipal corporation, or political subdivision with the clerk of the superior court of the county or of the county in which the municipal corporation or political division is located, at least five days before the date stated in the notice, or if such objection is filed and the judge of the superior court, after hearing, determines the objection to be without merit, the judge of the superior court shall order the unsold bonds destroyed by fire at the time and place stated in the notice or at the time and place stated in the order of the court.   The judge shall also name two disinterested witnesses, who are neither officers nor employees of the county, municipal corporation, or political subdivision, to attend the destruction of the bonds, whose affidavits, filed with the clerk of the superior court, shall be prima-facie evidence that the bonds have been destroyed. The affidavits of the witnesses shall be preserved as records of the office of the clerk of the superior court. The witnesses shall be compensated for their services in the amount of $5.00 each.   All costs of such proceedings shall be paid by the county, municipal corporation, or political subdivision, except where an objection filed is determined to be without merit, in which case costs of the pleadings, hearings, and judgment on the objection shall be taxed against the person objecting.    (Ga. L. 1941, p. 426, § 2.)
GA Code § 36-82-7.1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 1 - General Provisions|§ 36-82-7.1. Assessment and Collection of Tax to Pay Refunding Bonds

 Any county, municipality, or other political subdivision of this state shall at or before the issuance and delivery of any general obligation refunding bonds provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest on such refunding bonds as same become due and payable, all as is provided in Article IX, Section V, Paragraph VI of the Constitution of Georgia.    (Code 1981, §36-82-7.1, enacted by Ga. L. 1984, p. 1362, § 4.)   Editor's notes.   - Ga. L. 1984, p. 1362, § 8, not codified by the General Assembly, provided as follows: "The provisions of this Act [which enacted this Code section] shall be liberally construed to effect the purposes hereof, and insofar as the provisions of this Act may be inconsistent with the provisions of the Georgia Constitution under circumstances where the General Assembly has been granted the power by law to enlarge or restrict such provisions of the Constitution or the provisions of any law, including any general, local, or special Act of the General Assembly creating or activating any municipality, this Act shall control."
GA Code § 36-82-8 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 1 - General Provisions|§ 36-82-8. Deduction of Sinking Fund in Computing Bonded Indebtedness

 All amounts collected and held in a sinking fund pursuant to Article IX, Section V, Paragraph VI of the Constitution of Georgia, irrevocably pledged and appropriated to the retirement of the outstanding bonded indebtedness for which they are collected, which can be legally used for no other purpose, shall be deductible from total bonded debt in computing the constitutional limitation on the bonded indebtedness of a political subdivision of this state under Article IX, Section VII of the Constitution of Georgia.   (Ga. L. 1958, p. 203, § 1; Ga. L. 1983, p. 3, § 57.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, §§ 5, 6.   C.J.S.   - 64A C.J.S., Municipal Corporations, § 2184 et seq.   ALR.    - Liability of officer for loss of sinking fund through failure of bank, 25 A.L.R. 1358.    Constitutional provisions against impairment of obligations of contract as applied to sinking funds for retirement of municipal or other public bonds, 115 A.L.R. 220.
GA Code § 36-82-9 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 1 - General Provisions|§ 36-82-9. Certification Requirement for Pension Obligation Bonds; Requirement for Reserve Fund

  As used in this Code section, the term:   "Annual savings" means the difference between the annual debt service payments on pension obligation bonds and the annual required contribution to fund the unfunded actuarial accrued liability of the pension fund.   "Level debt structure" means the establishment of a bond repayment schedule that requires equal annual debt service payments, including both principal and interest, over the life of the debt issue.   "Pension obligation bond" means a bond issued as a general obligation bond in accordance with the provisions of this chapter, the proceeds of which are deposited with the government's retirement system administrator to liquidate, in whole or in part, the government's unfunded accrued actuarial liability to the government's retirement plan.     No political subdivision shall issue any pension obligation bond unless the state auditor has certified that such bonds comply fully with the provisions of this Code section.   All pension obligation bonds shall:   Be general obligation bonds subject to the provisions of the Constitution of the State of Georgia and this chapter relating to general obligation bonds;   Be included as a component of the total debt of the political subdivision subject to the debt limits provided in Article IX, Section V of the Constitution of the State of Georgia;   Be issued on a competitive basis;   Specify a level debt structure; and   Specify a maturity not longer than 20 years.     An amount not less than 5 percent of the annual savings shall be deposited into a reserve fund as protection against changes that might impact the future financial condition of the pension system.   Neither the political subdivision issuing pension obligation bonds nor any department, agency, authority, retirement system, or pension fund of such political subdivision shall purchase the pension obligation bonds so issued.     (Code 1981, §36-82-9, enacted by Ga. L. 2001, p. 810, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2001, Code Section 36-82-9, as enacted by Ga. L. 2001, p. 1033, § 1, was redesignated as Code Section 36-82-10.   Law reviews.   - For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For note on the 2001 enactment of this Code section, see 18 Ga. St. U. L. Rev. 193 (2001).
GA Code § 36-82-10 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 1 - General Provisions|§ 36-82-10. Reporting Requirements

  As used in this Code section, the term "political subdivision" means any municipality, county, local government authority, board, or commission empowered to enter into debt. Such term shall not include any state agency or state authority.   A political subdivision which issues general obligation bonds, revenue bonds, or any other bonds, notes, certificates of participation, or other such obligations of that political subdivision in an amount exceeding $1 million shall file a report with the Department of Community Affairs which contains the following:   Name of issuer;   Whether the issue is a new issue or a refinancing or refunding;   Total amount issued;   Term of issue;   Detailed description of purpose or purposes;  (5.1) Whether the issue is a general obligation bond, revenue bond, or other bond, note, certificate of participation, or other obligation;    Name of underwriter;   Proceeds used for bond issuance costs, including underwriters' discount as reported on Line 24 of the United States Department of Treasury's Internal Revenue Service Form 8038-G;   Name of bond counsel;   Interest rate; and   True or net interest costs.  Such information shall be reported to the Department of Community Affairs in accordance with Code Section 36-81-8.        (Code 1981, §36-82-10, enacted by Ga. L. 2001, p. 1033, § 1; Ga. L. 2006, p. 1021, § 1/HB 1012; Ga. L. 2012, p. 775, § 36/HB 942.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2001, Code Section 36-82-9, as enacted by Ga. L. 2001, p. 1033, § 1, was redesignated as Code Section 36-82-10.
GA Code § 36-82-63 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-63. Adoption of Resolution Authorizing Undertaking and Issuance of Revenue Bonds

 The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance, in anticipation of the collection of the revenues of such undertaking, of bonds to provide funds to pay the cost thereof, may be authorized under this article by resolution or resolutions of the governing body, which may be adopted at a regular or special meeting by a majority of the members of the governing body. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The governing body, in determining such cost, may include all costs and estimated costs of the issuance of the bonds; all engineering, inspection, fiscal, and legal expenses; interest estimated to accrue during the construction period and for six months thereafter on money borrowed or which it is estimated will be borrowed pursuant to this article; and moneys not in excess of an amount equal to 15 percent of the total principal amount of each such bond issue, to establish a debt service reserve with respect to principal and interest requirements on the bonds.   (Ga. L. 1937, p. 761, § 4; Ga. L. 1978, p. 2062, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 117.   C.J.S.   - 64A C.J.S., Municipal Corporations, §§ 2135, 2136.   ALR.    - Power and discretion of officer or board authorized to issue bonds of governmental unit as regards terms or conditions to be included therein, 119 A.L.R. 190.
GA Code § 36-82-67 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-67. Right of Bondholder or Trustee to Apply for Receivership Upon Default in Payment on Bond; Procedure for Appointment

 In the event that the governmental body defaults in the payment of the principal or interest on any of the revenue bonds after the same becomes due, whether at maturity or upon call for redemption, and that such default continues for a period of 30 days or in the event that the governmental body or the governing body or the officers, agents, or employees thereof fail or refuse to comply with the essential provisions of this article or default in any material respect in any agreement made with the holders of the revenue bonds, any holders of revenue bonds or any trustee therefor shall have the right to apply in an appropriate judicial proceeding to the superior court of the county in which the governmental body is located or to any court of competent jurisdiction for the appointment of a receiver of the undertaking, whether or not all revenue bonds have been declared due and payable and whether or not such holder or trustee therefor is seeking or has sought to enforce any other right or to exercise any remedy in connection with such revenue bonds. Upon such application, the superior court, if it deems such action necessary for the protection of the bondholders, may appoint and, if the application is made by the holders of 25 percent in principal amount of such revenue bonds then outstanding or by any trustee for holders of such revenue bonds in such principal amount, shall appoint a receiver of the undertaking.   (Ga. L. 1937, p. 761, § 8.)   RESEARCH REFERENCES   C.J.S.   - 75 C.J.S., Receivers, § 1 et seq.
GA Code § 36-82-68 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-68. Powers and Duties of Receiver Generally

  The receiver appointed under Code Section 36-82-67, directly or by his agents and attorneys, shall forthwith enter into and upon and take possession of the undertaking and each and every part thereof. If the court so directs, the receiver may exclude the governmental body, its governing body, officers, agents, and employees, and all persons claiming under them wholly therefrom. The receiver shall have, hold, use, operate, manage, and control the same and each and every part thereof, in the name of the governmental body or otherwise, as the receiver may deem best. He shall exercise all the rights and powers of the governmental body with respect to the undertaking as the governmental body itself might do. The receiver shall maintain, restore, insure, and keep insured the undertaking and from time to time shall make all such necessary or proper repairs as to the receiver may seem expedient. He shall establish, levy, maintain, and collect such fees, tolls, rentals, and other charges in connection with the undertaking as he deems necessary or proper and reasonable. He shall collect and receive all revenues and shall deposit the same in a separate account and apply the revenues so collected and received in such manner as the court shall direct.   If the undertaking involves parking meters, the control and operation thereof shall remain in the governmental body and the authority of the receiver appointed under Code Section 36-82-67 shall be limited to the right of receiving only the receipts from the parking meters.    (Ga. L. 1937, p. 761, § 8; Ga. L. 1953, Jan.-Feb. Sess., p. 489, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Receivers, §§ 133, 134, 136.   C.J.S.   - 75 C.J.S., Receivers, §§ 126 et seq., 168.
GA Code § 36-82-69 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-69. Limitations on Authority of Receiver and Supervising Court

 Notwithstanding anything in Code Sections 36-82-67 and 36-82-68, this Code section, and Code Sections 36-82-70 through 36-82-72 to the contrary, the receiver appointed under Code Section 36-82-67 shall have no power to sell, assign, mortgage, or otherwise dispose of any assets of whatever kind or character belonging to the governmental body and useful for the undertaking. The authority of any such receiver shall be limited to the operation and maintenance of the undertaking. No court shall have jurisdiction to enter any order or decree requiring or permitting the receiver to sell, assign, mortgage, or otherwise dispose of any such assets.   (Ga. L. 1937, p. 761, § 8; Ga. L. 1993, p. 91, § 36.)
GA Code § 36-82-70 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-70. Supervision of Receiver by Court

 The receiver appointed under Code Section 36-82-67 shall, in the performance of the powers conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing contained in Code Sections 36-82-67 through 36-82-69, this Code section, and Code Sections 36-82-71 and 36-82-72 shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth in Code Sections 36-82-67 through 36-82-69, this Code section, and Code Sections 36-82-71 and 36-82-72.   (Ga. L. 1937, p. 761, § 8; Ga. L. 1993, p. 91, § 36.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Receivers, § 135.   C.J.S.   - 75 C.J.S., Receivers, § 46.
GA Code § 36-82-71 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-71. Surrender of Receivership Upon Cure of Default

 Whenever all that is due upon the revenue bonds and interest thereon and upon any other notes, bonds, or other obligations and interest thereon having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with holders of revenue bonds has been paid or deposited as provided therein and all defaults have been cured and made good and it appears to the court that no default is imminent, the court shall direct the receiver to surrender possession of the undertaking to the governmental body. The same right of the holders of the revenue bonds to secure the appointment of a receiver shall exist upon any subsequent default as is provided in Code Section 36-82-67.   (Ga. L. 1937, p. 761, § 8.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Receivers, § 145 et seq.
GA Code § 36-82-72 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-72. Construction of Code Sections 36-82-67 Through 36-82-71 and This Code Section

 If any part or portion of Code Sections 36-82-67 through 36-82-71 and this Code section is held by any court of competent jurisdiction to create a debt of a governmental body or to be unenforceable or ineffective, the remaining parts and portions thereof shall not be affected thereby in any way, but the part or portion so held unenforceable and ineffective shall be severed and rescinded from this article. The intention of the General Assembly not to permit any governmental body to be deprived of its property or to be susceptible or liable to forfeiture shall be controlling.   (Ga. L. 1937, p. 761, § 8; Ga. L. 1984, p. 22, § 36.)
GA Code § 36-82-73 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-73. Proceedings for Validation of Revenue Bonds Generally

 All revenue bonds issued under this article shall be validated in the superior court in the manner set forth in Code Sections 36-82-74 through 36-82-83.   (Ga. L. 1937, p. 761, § 9; Ga. L. 1982, p. 3, § 36.)   Law reviews.   - For note, "If You (Pay To) Build It, They Will Come: Rethinking Publicly-Financed Professional Sports Stadiums after the Atlanta Braves Deal with Cobb County," see 53 Ga. L. Rev. 409 (2018).   JUDICIAL DECISIONS   Constitutionality.    - See Lawson v. City of Moultrie, 194 Ga. 699, 22 S.E.2d 592 (1942).
GA Code § 36-82-74 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-74. Notice to District Attorney or Attorney General of Resolution Authorizing Revenue Bonds

 When any governmental body desires to issue revenue bonds under this article, the officer or officers of such governmental body, within six months after the passage of the resolution authorizing the bonds, shall, in writing, notify the district attorney of the judicial circuit in which the governmental body is located of the fact that such resolution has been passed by the governing body and of the intention of the governmental body to issue such bonds. The service of notice shall be personal upon the district attorney and shall be accompanied by a certified copy of the resolution of the governing body of the governmental body authorizing the bonds. If the district attorney is absent from the circuit, such notice shall be served in person upon the Attorney General.   (Ga. L. 1937, p. 761, § 10; Ga. L. 1987, p. 3, § 36.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, §§ 352, 353.   C.J.S.   - 64A C.J.S., Municipal Corporations, §§ 2135, 2136, 2139 et seq.
GA Code § 36-82-75 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-75. Duty of District Attorney or Attorney General to File Petition; Order to Show Cause; Service of Petition and Order; Answer

 Within 20 days from the date of service of the notice provided for in Code Section 36-82-74, the district attorney or the Attorney General shall prepare and file, in the office of the clerk of the superior court of the county issuing the bonds or of the county in which the governmental body is located, a petition directed to the superior court of such county in the name of the state and against the governmental body desiring to issue the revenue bonds. The petition shall set forth service of the notice, the name of the governmental body seeking to issue the bonds, the amount of bonds to be issued, for what purpose the bonds are to be issued, what interest they are to bear, how much principal and interest is to be paid annually, when the bonds are to be paid in full, and the security to be pledged to the payment of the bonds; provided, however, the petition may provide for a maximum interest rate and a maximum annual principal and interest payment. The district attorney or the Attorney General shall obtain from the judge of the court an order requiring the governmental body by its proper officers to show cause, at such time and place, either in term or chambers, within 20 days from the filing of the petition, as the judge may direct, why the bonds and the security for the payment thereof should not be confirmed and validated. The petition and order shall be served in the manner now provided by law for the service of petitions upon counties, governmental bodies, or political subdivisions. The officers of the governmental body shall make sworn answers to the petition within the time prescribed.   (Ga. L. 1937, p. 761, § 11; Ga. L. 1991, p. 1103, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 353 et seq.
GA Code § 36-82-76 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 3 - Revenue Bonds|§ 36-82-76. Notice of Hearing on Validation

 Prior to the hearing of the case, the clerk of the superior court of the county in which it is to be heard shall publish, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing of the case the same will be heard. Such publication shall be in the newspaper which is the official organ of the county in which the sheriff's advertisements appear.   (Ga. L. 1937, p. 761, § 12; Ga. L. 1966, p. 48, § 1.)   Law reviews.   - For note, "Procedural requirements for public approval of tax-exempt industrial development bonds under TEFRA", 19 Ga. St. B. J. 84 (1982).   JUDICIAL DECISIONS   Constitutionality.    - See Lawson v. City of Moultrie, 194 Ga. 699, 22 S.E.2d 592 (1942).   Notice sufficient.    - Although a scrivener's error stated that the hearing would regard the validation of a bond issued by the county industrial building authority, because the notice made clear that it was meant to refer to a case involving the airport authority, not the industrial building authority, the notice of the bond validation hearing was sufficient as the record supported a finding of substantial compliance. Avery v. State of Ga., 295 Ga. 630, 761 S.E.2d 56 (2014).    Cited in Darby v. City of Vidalia, 75 Ga. App. 804, 44 S.E.2d 454 (1947); Dade County v. State, 77 Ga. App. 139, 48 S.E.2d 144 (1948); Youngblood v. State, 259 Ga. 864, 388 S.E.2d 671 (1990).   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 357.   C.J.S.   - 64A C.J.S., Municipal Corporations, §§ 2135, 2136, 2139 et seq.