Alexander v. MacOn-bibb County Urban Development Authority & Urban Properties 47

357 S.E.2d 62, 257 Ga. 181, 1987 Ga. LEXIS 785
CourtSupreme Court of Georgia
DecidedJune 19, 1987
Docket44495, 44525, 44526
StatusPublished
Cited by10 cases

This text of 357 S.E.2d 62 (Alexander v. MacOn-bibb County Urban Development Authority & Urban Properties 47) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. MacOn-bibb County Urban Development Authority & Urban Properties 47, 357 S.E.2d 62, 257 Ga. 181, 1987 Ga. LEXIS 785 (Ga. 1987).

Opinions

Gregory, Justice.

These three cases are appeals from the judgments of validation of certain revenue bonds issued to build a motel, a hotel, and a conference center in Bibb County. The appellant, Thomas Alexander, was permitted to intervene in the validation proceedings of each case. The cases were consolidated on appeal for review by this court.

Case No. 44495

The Development Authority of Bibb County (Authority) was created by resolution adopted in April 1973, by the Board of Commis[182]*182sioners of Bibb County pursuant to the authority of 1976 Georgia Constitution, Art. IX, Sec. VIII, Par. II (1983 Georgia Constitution, Art. IX, Sec. VI, Par. Ill), and OCGA § 36-62-1 et seq., The Development Authorities Law. The stated purpose of the Authority is to promote the development of trade, commerce, industry and employment opportunities in Bibb County. In November 1985, after considering the application of appellee, Macon Ventures, the Authority adopted a preliminary resolution to issue four million dollars in revenue bonds for the construction of a “motel, convention and trade show facility,” to be known as “Shoney’s Inn.” During the following year the Authority met with representatives of Macon Ventures to discuss the proposed project. On December 1, 1986, the Authority finalized the resolution to issue bonds for this project, and thereafter the State of Georgia initiated a bond validation proceeding in accordance with OCGA §§ 36-62-8 (g); 36-82-60 et seq. Appellant, a taxpayer, was permitted to intervene in this proceeding. OCGA § 36-82-77. The trial court entered judgment determining that all requirements of the Constitution and laws of Georgia relating to the issuance of the bonds had been met, and validating the bonds and security. The taxpayer filed this appeal enumerating five errors.

1. The appellant argues the project is not a “convention facility” within the meaning of OCGA § 36-62-2 (6) (H) (ii) and (vi). The appellant points out that the evidence shows the proposed project is for a 120-room motel with a meeting room which can accommodate 150 people. The appellant argues that as a matter of law a “meeting room” cannot transform a motel into a “convention facility.”

The statute does not define “convention facilities.” OCGA § 36-62-2 (6) (H) (ii). “In all interpretations of statutes, the ordinary significance shall be applied to all words. . . .” OCGA § 1-3-1 (b). We hold that the legislature intended for the word “convention” to be given its ordinary meaning which is, “a formal assembly or meeting of members, representatives or delegates of a group, such as a political party or fraternal society.” The American Heritage Dictionary of the English Language, (1973). “Facilities” are “the means used to facilitate an action or process; convenience; [as] the facilities of a library. ...” Id.

A “convention facility” is therefore a means used to facilitate the assembly of members of a particular group. The evidence supports a finding that the purpose of this project is to attract groups of up to 150 persons meeting for a particular purpose, by offering lodging and a meeting room which will accommodate the group. We hold that the project is a “convention facility” within the meaning of OCGA § 36-62-2 (6) (H) (ii) and (vi), and therefore is a permissible project under the Development Authorities Law.

2. OCGA § 36-62-9 provides, in part, “The purposes of [the De[183]*183velopment Authorities Law] are to develop and promote trade, commerce and industry, and employment opportunities, for the public good and the general welfare, and to promote the general welfare of the state. No bonds . . . shall be issued by an authority under this chapter unless its board of directors adopts a resolution finding that the project for which such bonds . . . are to be issued will promote the foregoing objectives and will increase or maintain employment in the territorial area of such authority.” The Authority here adopted such a resolution. The appellant challenged the sufficiency of this resolution at the validation proceeding, asserting that there was no evidence upon which the Authority could have based a determination that the project would further trade and commerce and maintain employment in Bibb County. At the validation hearing the appellant presented evidence, in the form of expert testimony and feasibility studies, tending to show that the project would impact negatively on these objectives. The Authority presented evidence, in the form of expert testimony and feasibility studies, tending to show that the project would further the stated objectives. The trial court concluded the project promoted the statutory objectives.

We hold that on appeal this court will not set aside a trial court’s decision as to an issue of fact in a bond validation hearing if there is any evidence to support it. Because there is evidence to support the trial court’s decision, we find no error.

3. Relying on Miller v. State of Ga., 83 Ga. App. 135 (62 SE2d 921) (1951), appellant argues that the bonds should not have been validated because the resolution adopted by the Authority does not reasonably describe and define the proposed project. However, that case states “[it] is not absolutely necessary that an intricate and detailed set of plans be incorporated in the resolution but enough facts concerning the proposed project or improvement must appear to afford a key from which the full picture of the project or improvement may be ascertained, such as, for example, a reference to reasonably specific plans, maps and specifications or their equivalent.” Miller at 141. We have studied the resolution in this case and find this requirement has been met. The fact that all final blueprints and specifications were not incorporated into the resolution does not require invalidation of the bonds.

4. OCGA § 36-82-75 requires the State to file a petition against the governmental body desiring to issue the bonds which states, inter alia, “the interest [the bonds] are to bear, how much principal and interest is to be paid annually . . . and the security to be pledged to the payment of the bonds.” Appellant maintains that these technical requirements have not been complied with. Specifically, appellant argues that because the petition states the interest rate “will not exceed 10%%,” the amount of interest due and annual interest payments [184]*184cannot be calculated. There was testimony at the validation hearing that the interest rate will be set at the time of closing. Therefore the petition sets forth the interest rate with reasonable specificity under the circumstances.

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Bluebook (online)
357 S.E.2d 62, 257 Ga. 181, 1987 Ga. LEXIS 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-macon-bibb-county-urban-development-authority-urban-ga-1987.