23 LC 47 2599/AP
House Bill 3EX (AS PASSED HOUSE AND SENATE)
By: Representatives Stephens of the 164
th
, Jackson of the 165
th
, Westbrook of the 163
rd
,
Hitchens of the 161
st
, and Gilliard of the 162
nd
A BILL TO BE ENTITLED
AN ACT
To amend an Act to provide for the creation of one or more community improvement
1
districts in Chatham County and in each municipality therein, approved April 5, 1994 (Ga.2
L. 1994, p. 4931), so as to revise provisions relating to designation of electors for districts3
wholly within municipalities; to authorize additional elected members of district boards; to4
revise qualifications for board members; to update provisions relating to cooperation with5
municipal governments; to provide for related matters; to repeal conflicting laws; and for6
other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
An Act to provide for the creation of one or more community improvement districts in10
Chatham County and in each municipality therein, approved April 5, 1994 (Ga. L. 1994,11
p. 4931), is amended by revising paragraph (7) of Section 3 as follows:12
"(7) 'Electors' means the owners of real property within the district which is then subject13
to taxes, fees, and assessments levied by the board as they appear on the most recent ad14
valorem real property tax return records of Chatham County or one officer or director of15
a corporate elector, one trustee of a trust which is an elector, or one designated16
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representative of an elector whose designation is made in writing to the county attorney
17
and, if the district is wholly within any municipality, to the city attorney on a form18
satisfactory to the county and city attorney at least eight days prior to an election. An19
owner of multiple parcels has one vote, not one vote per parcel. Multiple owners of one20
parcel have one vote which must be cast by one of their number who is designated in21
writing by such multiple owners as their elector."22
SECTION 2.23
Said Act is further amended by revising subsections (a) and (d) of Section 5 as follows:24
"(a) Each district created pursuant hereto shall be administered by a board composed of25
at least five board members to be appointed and elected as hereinafter provided. Two26
board members shall be appointed by the Chatham County Board of Commissioners if any27
portion of the district lies within the unincorporated area of Chatham County; two board28
members shall be appointed by the governing authority of each municipality within which29
the district is now or hereafter partially located if any portion of the district lies within the30
incorporated area of such municipality; and the remaining board members, which shall31
number at least one more than the appointed members, shall be elected by the owners of32
real property within the district subject to taxes, fees, and assessments levied by the board.33
Elected board members shall serve for a term of four years, respectively. The appointed34
board members shall serve at the pleasure of the governing body which appointed them,35
respectively."36
"(d)(1) Each board member elected pursuant to this Act shall be an elector, as defined37
in paragraph (7) of Section 3 of this Act.38
(2) In the event that any elected board member ceases to be an elector as required by this39
subsection, such board member's position shall be declared vacant as of the date such40
person ceases to qualify as an elector."41
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SECTION 3.
42
Said Act is further amended by revising Section 9 as follows:43
"SECTION 9.44
Cooperation with local governments.45
The services and facilities provided pursuant to this Act shall be provided for in a46
cooperation agreement executed jointly by the board and the governing authority of47
Chatham County or any municipalities within which the district is located. The provisions48
of this section shall in no way limit the authority of Chatham County or any such49
municipality to provide services or facilities within the district; and Chatham County or50
such municipalities shall retain full and complete authority and control over any of its51
facilities located within its respective areas of any district. Said control shall include but52
not be limited to the modification of, access to, and degree and type of services provided53
through or by facilities of the municipality or county. Nothing contained in this section54
shall be construed to limit or preempt the application of any governmental laws,55
ordinances, resolutions, or regulations to the district or the services or facilities provided56
therein."57
SECTION 4.58
All laws and parts of laws in conflict with this Act are repealed.59
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