§ 2-279. Bond validation  


Latest version.
  • (a) All bonds of the [coliseum] authority shall be confirmed and validated in the Bibb County Superior Court in accordance with the procedure of the Revenue Bond Law of Georgia (O.C.G.A. § 36-82-60 et seq.). The petition for validation shall be brought against said authority and, in the event the payments to be made by any city, town, municipality, or county under a contract entered into between the authority and such political subdivision are pledged as security for the payment of the revenue bonds sought to be validated, such political subdivision or subdivisions shall also be made parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such subdivision or subdivisions. It shall be incumbent upon such subdivision or subdivisions to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Bibb County in which court such validation proceeding shall be initiated. Any resident of the State of Georgia may intervene in the validation proceedings at or before the time set for the validation hearing and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or contracts on his own behalf and on behalf of all citizens and residents of the State of Georgia. In the event no bill of exceptions shall be filed within 20 days from the date of the judgment of validation or, if filed and the judgment shall be affirmed by the proper appellate court of this state, the judgment of the Bibb County Superior Court so confirming and validating the validity and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive upon the issue of the validity and binding effect of such contracts and bonds and the security therefor and upon the issue of the validity and constitutionality of this and any other act pertaining to such contracts and bonds and the security therefor against the authority issuing the same and against the parties to such contracts and against all residents of the State of Georgia.

    (b) Any action or proceeding to contest the validity or binding effect of any such revenue bonds or resolution or trust instrument pertinent thereto or any contracts made for the purpose of providing the payment of such bond as aforesaid must be commenced and filed prior to the conclusion of the validation hearing notice of which shall have been given as provided by law. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolution, trust instrument, or contracts shall be asserted nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to question or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the conclusion of such validation hearing.

(1963 Ga. Laws (Act No. 86), page 2250, § 17)