| 14 | 12 | | |
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| 15 | 13 | | A BILL TO BE ENTITLED |
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| 16 | 14 | | AN ACT |
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| 17 | 15 | | To amend an Act to provide for the creation of one or more community improvement |
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| 18 | 16 | | 1 |
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| 19 | 17 | | districts in Chatham County and in each municipality therein, approved April 5, 1994 (Ga.2 |
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| 20 | 18 | | L. 1994, p. 4931), so as to revise provisions relating to designation of electors for districts3 |
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| 21 | 19 | | wholly within municipalities; to authorize additional elected members of district boards; to4 |
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| 22 | 20 | | revise qualifications for board members; to update provisions relating to cooperation with5 |
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| 23 | 21 | | municipal governments; to provide for related matters; to repeal conflicting laws; and for6 |
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| 24 | 22 | | other purposes.7 |
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| 25 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 26 | 24 | | SECTION 1.9 |
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| 27 | 25 | | An Act to provide for the creation of one or more community improvement districts in10 |
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| 28 | 26 | | Chatham County and in each municipality therein, approved April 5, 1994 (Ga. L. 1994,11 |
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| 29 | 27 | | p. 4931), is amended by revising paragraph (7) of Section 3 as follows:12 |
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| 30 | 28 | | "(7) 'Electors' means the owners of real property within the district which is then subject13 |
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| 31 | 29 | | to taxes, fees, and assessments levied by the board as they appear on the most recent ad14 |
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| 32 | 30 | | valorem real property tax return records of Chatham County or one officer or director of15 |
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| 33 | 31 | | a corporate elector, one trustee of a trust which is an elector, or one designated16 |
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| 34 | 32 | | H. B. 3EX |
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| 36 | 34 | | representative of an elector whose designation is made in writing to the county attorney |
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| 37 | 35 | | 17 |
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| 38 | 36 | | and, if the district is wholly within any municipality, to the city attorney on a form18 |
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| 39 | 37 | | satisfactory to the county and city attorney at least eight days prior to an election. An19 |
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| 40 | 38 | | owner of multiple parcels has one vote, not one vote per parcel. Multiple owners of one20 |
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| 41 | 39 | | parcel have one vote which must be cast by one of their number who is designated in21 |
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| 42 | 40 | | writing by such multiple owners as their elector."22 |
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| 43 | 41 | | SECTION 2.23 |
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| 44 | 42 | | Said Act is further amended by revising subsections (a) and (d) of Section 5 as follows:24 |
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| 45 | 43 | | "(a) Each district created pursuant hereto shall be administered by a board composed of25 |
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| 46 | 44 | | at least five board members to be appointed and elected as hereinafter provided. Two26 |
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| 47 | 45 | | board members shall be appointed by the Chatham County Board of Commissioners if any27 |
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| 48 | 46 | | portion of the district lies within the unincorporated area of Chatham County; two board28 |
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| 49 | 47 | | members shall be appointed by the governing authority of each municipality within which29 |
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| 50 | 48 | | the district is now or hereafter partially located if any portion of the district lies within the30 |
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| 51 | 49 | | incorporated area of such municipality; and the remaining board members, which shall31 |
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| 52 | 50 | | number at least one more than the appointed members, shall be elected by the owners of32 |
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| 53 | 51 | | real property within the district subject to taxes, fees, and assessments levied by the board.33 |
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| 54 | 52 | | Elected board members shall serve for a term of four years, respectively. The appointed34 |
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| 55 | 53 | | board members shall serve at the pleasure of the governing body which appointed them,35 |
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| 56 | 54 | | respectively."36 |
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| 57 | 55 | | "(d)(1) Each board member elected pursuant to this Act shall be an elector, as defined37 |
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| 58 | 56 | | in paragraph (7) of Section 3 of this Act.38 |
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| 59 | 57 | | (2) In the event that any elected board member ceases to be an elector as required by this39 |
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| 60 | 58 | | subsection, such board member's position shall be declared vacant as of the date such40 |
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| 61 | 59 | | person ceases to qualify as an elector."41 |
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| 62 | 60 | | H. B. 3EX |
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| 64 | 62 | | SECTION 3. |
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| 65 | 63 | | 42 |
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| 66 | 64 | | Said Act is further amended by revising Section 9 as follows:43 |
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| 67 | 65 | | "SECTION 9.44 |
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| 68 | 66 | | Cooperation with local governments.45 |
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| 69 | 67 | | The services and facilities provided pursuant to this Act shall be provided for in a46 |
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| 70 | 68 | | cooperation agreement executed jointly by the board and the governing authority of47 |
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| 71 | 69 | | Chatham County or any municipalities within which the district is located. The provisions48 |
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| 72 | 70 | | of this section shall in no way limit the authority of Chatham County or any such49 |
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| 73 | 71 | | municipality to provide services or facilities within the district; and Chatham County or50 |
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| 74 | 72 | | such municipalities shall retain full and complete authority and control over any of its51 |
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| 75 | 73 | | facilities located within its respective areas of any district. Said control shall include but52 |
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| 76 | 74 | | not be limited to the modification of, access to, and degree and type of services provided53 |
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| 77 | 75 | | through or by facilities of the municipality or county. Nothing contained in this section54 |
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| 78 | 76 | | shall be construed to limit or preempt the application of any governmental laws,55 |
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| 79 | 77 | | ordinances, resolutions, or regulations to the district or the services or facilities provided56 |
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| 80 | 78 | | therein."57 |
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| 81 | 79 | | SECTION 4.58 |
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| 82 | 80 | | All laws and parts of laws in conflict with this Act are repealed.59 |
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| 83 | 81 | | H. B. 3EX |
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| 84 | 82 | | - 3 - |
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