Georgia 2023-2024 Regular Session

Georgia House Bill HB1414 Compare Versions

OldNewDifferences
1-24 LC 47 2895/AP
2-House Bill 1414 (AS PASSED HOUSE AND SENATE)
1+24 LC 47 2895
2+House Bill 1414
33 By: Representatives Hilton of the 48
44 th
5-, Romman of the 97
6-th
7-, and Marin of the 96
5+ and Romman of the 97
86 th
97
108 A BILL TO BE ENTITLED
119 AN ACT
1210 To provide for the creation of one or more community improvement districts to be wholly
1311 1
1412 located within the City of Peachtree Corners; to provide for a short title; to provide for the2
1513 purposes of said districts; to provide for definitions; to provide for boards to administer said3
1614 districts; to provide for the appointment and election of members of said boards; to provide4
1715 for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for5
1816 debt of said districts other than bonded indebtedness; to provide for cooperation with local6
1917 governments; to provide for powers of said boards; to provide for construction; to provide7
2018 that no notice, proceeding, publication, or referendum shall be required; to provide for8
2119 dissolutions; to provide the procedures connected with all of the foregoing; to provide for9
2220 related matters; to repeal conflicting laws; and for other purposes.10
2321 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
2422 SECTION 1.12
2523 Short title.13
2624 This Act shall be known and may be cited as the "City of Peachtree Corners Community14
2725 Improvement Districts Act."15
2826 H. B. 1414
29-- 1 - 24 LC 47 2895/AP
27+- 1 - 24 LC 47 2895
3028 SECTION 2.
3129 16
3230 Purpose.17
3331 The purpose of this Act shall be to provide for the creation of one or more community18
3432 improvement districts within the City of Peachtree Corners, and such district or districts may19
3533 be created for the provision of some or all of the following governmental services and20
3634 facilities as provided and authorized by Article IX, Section VII of the Constitution of the21
3735 State of Georgia and the resolution activating each district created hereby, or as may be22
3836 adopted by resolutions of the majority of the electors and the majority of the equity electors23
3937 present and voting at a meeting of electors and equity electors. A quorum shall consist of24
4038 those electors and equity electors present. No proxy votes may be cast. Notice of said25
4139 meeting shall be given to said electors and equity electors by publishing notice thereof in the26
4240 legal organ of Gwinnett County at least once each week for four weeks prior to such meeting.27
4341 Such governmental services and facilities include, but are not limited to:28
4442 (1) Street and road construction and maintenance, including curbs, sidewalks, street lights,29
4543 and devices to control the flow of traffic on streets and roads in connection therewith;30
4644 (2) Parks and recreational areas and facilities and services;31
4745 (3) Storm water and sewage collection and disposal systems;32
4846 (4) Public transportation, including, but not limited to, services intended to reduce the33
4947 volume of automobile traffic, to transport two or more persons in conveyances, to improve34
5048 air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic35
5149 management association or similar entity and services;36
5250 (5) Terminal and dock facilities and parking facilities and services; and37
5351 (6) Such other services and facilities as may be provided for by general law or as the38
5452 Georgia Constitution may authorize or provide now or hereafter.39
5553 H. B. 1414
56-- 2 - 24 LC 47 2895/AP
54+- 2 - 24 LC 47 2895
5755 SECTION 3.
5856 40
5957 Definitions.41
6058 As used in this Act, the term:42
6159 (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale43
6260 or use, including the growing of field crops, fruit or nut trees, the raising of livestock or44
6361 poultry, and the operation of dairies, horse boarding facilities, and riding stables.45
6462 (2) "Board" means the governing body created for the governance of each community46
6563 improvement district herein authorized.47
6664 (3) "Caucus of electors" means for each district the meeting of electors hereinafter48
6765 provided for at which the elected board members of the district are elected. A quorum at49
6866 such caucus shall consist of those electors present, and a majority of those present and50
6967 voting is necessary to elect board members. No proxy votes may be cast.51
7068 (4) "Cost of the project" or "cost of any project" means and includes:52
7169 (A) All costs of acquisition (by purchase or otherwise), construction, assembly,53
7270 installation, modification, renovation, or rehabilitation incurred in connection with any54
7371 project or any part of any project;55
7472 (B) All costs of real property, fixtures, or personal property used in or in connection with56
7573 or necessary for any project or for any facilities related thereto, including, but not limited57
7674 to, the cost of all land, estates for years, easements, rights, improvements, water rights,58
7775 connections for utility services, fees, franchises, permits, approvals, licenses, and59
7876 certificates; the cost of securing any such franchises, permits, approvals, licenses, or60
7977 certificates; the cost of preparation of any application therefor; and the cost of all fixtures,61
8078 machinery, equipment (including all transportation equipment and rolling stock),62
8179 furniture, and other property used in or in connection with or necessary for any project;63
8280 (C) All financing charges and loan fees and all interest on notes or other obligations of64
8381 a district which accrue or are paid prior to and during the period of construction of a65
8482 H. B. 1414
85-- 3 - 24 LC 47 2895/AP
83+- 3 - 24 LC 47 2895
8684 project and during such additional period as the board may reasonably determine to be
8785 66
8886 necessary to place such project in operation;67
8987 (D) All costs of engineering, surveying, architectural, and legal services and all expenses68
9088 incurred by engineers, surveyors, architects, and attorneys in connection with any project;69
9189 (E) All expenses for inspection of any project;70
9290 (F) All expenses of or incidental to determining the feasibility or practicability of any71
9391 project;72
9492 (G) All costs of plans and specifications for any project;73
9593 (H) All costs of title insurance and examinations of title with respect to any project;74
9694 (I) Repayment of any loans made for the advance payment of any part of the foregoing75
9795 costs, including interest thereon and any other expenses of such loans; and76
9896 (J) Administrative expenses of the board and such other expenses as may be necessary77
9997 for or incidental to any project or the financing thereof or the placing of any project in78
10098 operation.79
10199 Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part80
102100 of the cost of the project and may be paid or reimbursed as such out of the proceeds of81
103101 notes or other obligations issued by the district.82
104102 (5) "District" means the geographical area designated as such by the resolution of the83
105103 governing body or bodies consenting to the creation of the community improvement84
106104 district or as thereafter modified by any subsequent resolution of the governing body or85
107105 bodies within which the district is or is to be located, or a body corporate and politic being86
108106 a community improvement district created and activated pursuant hereto, as the context87
109107 requires or permits.88
110108 (6) "Electors" means the owners of real property within the district which is subject to89
111109 taxes, fees, and assessments levied by the board, as they appear on the most recent ad90
112110 valorem real property tax return records of Gwinnett County, or one officer or director of91
113111 a corporate elector, one trustee of a trust which is an elector, one partner of a partnership92
114112 H. B. 1414
115-- 4 - 24 LC 47 2895/AP
113+- 4 - 24 LC 47 2895
116114 elector, or one designated representative of an elector whose designation is made in
117115 93
118116 writing. An owner of property that is subject to taxes, fees, or assessments levied by the94
119117 board shall have one vote for an election based on numerical majority. An owner of95
120118 multiple parcels has one vote, not one vote per parcel, for an election based on numerical96
121119 majority. Multiple owners of one parcel have one vote for an election based on numerical97
122120 majority which must be cast by one of their number who is designated in writing.98
123121 (7) "Equitably apportioned among the properties subject to such taxes, fees, and99
124122 assessments according to the need for governmental services and facilities created by the100
125123 degree of density of development of each such property," with reference to taxes, fees, and101
126124 assessments levied by the board, means that the burden of the taxes, fees, and assessments102
127125 shall be apportioned among the properties subject thereto based upon the values established103
128126 in the most recent ad valorem tax reassessment of such properties certified by the chairman104
129127 of the Gwinnett County Board of Tax Assessors, or may be apportioned among the105
130128 properties subject thereto in direct or approximate proportion to the receipt of services or106
131129 benefits derived from the improvements or other activities for which the taxes, fees, or107
132130 assessments are to be expended, or may be apportioned in any other manner or combination108
133131 of manners deemed equitable by the board, including, but not limited to, the recognition109
134132 of differential benefits which may reasonably be expected to accrue to new land110
135133 development in contrast to lands and improvements already in existence at the time of111
136134 creation of the community improvement district.112
137135 (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all113
138136 owned real property within the district which is then subject to taxes, fees, and assessments114
139137 levied by the board. Value of real property shall be the assessed value.115
140138 (9) "Forestry" means the planting and growing of trees for sale in a program which116
141139 includes reforestation of harvested trees, regular underbrush and undesirable growth117
142140 clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active118
143141 H. B. 1414
144-- 5 - 24 LC 47 2895/AP
142+- 5 - 24 LC 47 2895
145143 tree-farming operation. It does not include the casual growing of trees on land otherwise
146144 119
147145 idle or held for investment, even though some harvesting of trees may occur thereon.120
148146 (10) "Hereby," "herein," "hereinunder," and "herewith" mean under this Act.121
149147 (11) "Project" means the acquisition, construction, installation, modification, renovation,122
150148 or rehabilitation of land, interests in land, buildings, structures, facilities, or other123
151149 improvements, including operation of facilities or other improvements, located or to be124
152150 located within or otherwise providing service to the district and the acquisition, installation,125
153151 modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment,126
154152 furniture, or other property of any nature whatsoever used on, in, or in connection with any127
155153 such land, interest in land, building, structure, facility, or other improvement; the creation,128
156154 provision, enhancement, or supplementing of public services (such as fire, police, and other129
157155 services), provided that same do not conflict with or duplicate existing public services; and130
158156 all for the essential public purposes set forth in Section 2 of this Act.131
159157 (12) "Property owner" or "owner of real property" means any entity or person shown as132
160158 a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records133
161159 of Gwinnett County within the district as certified by the Gwinnett County Tax134
162160 Commissioner.135
163161 (13) "Property used nonresidentially" means property or any portion thereof used for136
164162 neighborhood shopping, planned shopping center, general commercial, transient lodging137
165163 facilities, tourist services, office or institutional, office services, light industry, heavy138
166164 industry, central business district, parking, or other commercial or business use or vacant139
167165 land zoned or approved for any of the aforementioned uses which do not include140
168166 residential.141
169167 (14) "Residential" means a specific work or improvement undertaken primarily to provide142
170168 single-family or multifamily dwelling accommodations for persons and families and such143
171169 community facilities as may be incidental or appurtenant thereto.144
172170 H. B. 1414
173-- 6 - 24 LC 47 2895/AP
171+- 6 - 24 LC 47 2895
174172 (15) "Taxpayer" means an entity or person paying ad valorem taxes on real property,
175173 145
176174 whether on one or more parcels of property within the district. Multiple owners of one146
177175 parcel shall constitute one taxpayer and shall designate in writing one of their number to147
178176 represent the whole.148
179177 (16) "Value" or "assessed value" of property means the values established in the most149
180178 recent ad valorem tax reassessment of such properties certified by the chairperson of the150
181179 Gwinnett County Board of Tax Assessors.151
182180 SECTION 4.152
183181 Creation.153
184182 (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is154
185183 created one or more community improvement districts to be located in the City of Peachtree155
186184 Corners, Georgia, either wholly within the incorporated area thereof, or partly within the156
187185 unincorporated area of a county, or one or more municipalities thereof, each of which shall157
188186 be activated upon compliance with the conditions set forth in this section. Each district shall158
189187 be governed by a board constituted by this Act. The conditions for such activation shall be:159
190188 (1) The adoption of a resolution consenting to the creation of the community improvement160
191189 district or districts by the governing authority for the City of Peachtree Corners and161
192190 imposing such conditions on the projects and activities which may be undertaken as will162
193191 ensure their compatibility with adopted city policies and planning for the area; and 163
194192 (2) The written consent to the creation of the community improvement district by:164
195193 (A) A majority of the owners of real property within the district which will be subject165
196194 to taxes, fees, and assessments levied by the board of the district; and166
197195 (B) The owners of real property within the district which constitutes at least 75 percent167
198196 by value of all real property within the district which will be subject to taxes, fees, and168
199197 H. B. 1414
200-- 7 - 24 LC 47 2895/AP
198+- 7 - 24 LC 47 2895
201199 assessments levied by the board. For this purpose, value shall be determined by the most
202200 169
203201 recent approved county ad valorem tax digest.170
204202 The written consent provided for in this paragraph shall be submitted to the Gwinnett171
205203 County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this172
206204 paragraph have been satisfied with respect to each such proposed district.173
207205 (b) No district or board created under this Act shall transact any business or exercise any174
208206 powers under this Act until the foregoing conditions are met. A copy of such resolutions175
209207 shall be filed with the Secretary of State and with the city clerk of the City of Peachtree176
210208 Corners, who shall each maintain a record of all districts activated under this Act. 177
211209 (c) Nothing contained herein shall limit:178
212210 (1) The ability of the governing authority of the City of Peachtree Corners to implement179
213211 more than one community improvement district; or180
214212 (2) Any district created pursuant to this act from being expanded into the unincorporated181
215213 area of the county, or into one or more other municipalities;182
216214 so long as the requirements of this Act and of the Georgia Constitution are satisfied.183
217215 (d) The provisions of this Act shall be construed so as to provide for the independent184
218216 application and exercise of all powers for each district contained herein including the ability185
219217 to levy taxes as outlined herein as separately and independently authorizing and empowering186
220218 such separate community improvement districts created hereby. Nothing contained herein187
221219 shall require the governing authority of the City of Peachtree Corners to create more than one188
222220 community improvement district, or to require the creation of a new district if the district189
223221 boundaries of an existing district are changed, added to, supplemented, or modified. 190
224222 H. B. 1414
225-- 8 - 24 LC 47 2895/AP
223+- 8 - 24 LC 47 2895
226224 SECTION 5.
227225 191
228226 Administration, appointment, and election of board members.192
229227 (a)(1) Each district created pursuant hereto shall be administered either by the governing193
230228 authority or by a board as prescribed under this Act. In the event that a district is to be194
231229 governed by such a board, the board shall be composed of a minimum of seven board195
232230 members to be appointed and elected as hereinafter provided:196
233231 (2) Three board members shall be appointed by the governing authority of the City of197
234232 Peachtree Corners, one of whom shall be a member of the City Council, to serve in Posts 5,198
235233 6, and 7. Two board members shall be elected by the vote of electors, and two members199
236234 shall be elected by the vote of equity electors. The board shall be seven in number. The200
237235 members representing the electors and equity electors shall be elected to serve in post201
238236 positions 1 through 4, respectively. Each elected board member must receive a majority202
239237 of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2203
240238 shall be cast by electors and votes for Posts 3 and 4 shall be cast by equity electors. The204
241239 initial term of office for the members representing Posts 1 and 3 shall be two years. The205
242240 initial term of office for the members representing Posts 2 and 4 shall be three years.206
243241 Thereafter, all terms of office shall be for three years, except the appointed board members207
244242 who serve at the pleasure of the governing body which appointed them.208
245243 (b) The initial board members to be elected as provided above shall be elected in a caucus209
246244 of electors which shall be held within 90 days after the adoption of the resolution by the City210
247245 of Peachtree Corners consenting to the creation of the district, and obtaining the written211
248246 consents herein provided at such time and place within the district as the City of Peachtree212
249247 Corners shall designate after notice thereof shall have been given to said electors by213
250248 publishing same in the legal organ of Gwinnett County as hereinafter provided. Thereafter,214
251249 there shall be conducted, not later than 90 days following the last day for filing ad valorem215
252250 real property tax returns in Gwinnett County, a caucus of said electors at such time and place216
253251 H. B. 1414
254-- 9 - 24 LC 47 2895/AP
252+- 9 - 24 LC 47 2895
255253 within the district as the board shall designate in such notice for the purpose of electing board
256254 217
257255 members to those board member positions whose terms expire or are vacant. If a vacancy218
258256 occurs in an elected position on the board, the board shall, within 60 days thereof, call a219
259257 special election to fill the same to be held within 60 days of the call unless such vacancy220
260258 occurs within 180 days of the next regularly scheduled election, in which case a special221
261259 election may, but need not, be called. For any election held hereunder, notice thereof shall222
262260 be given to said electors by publishing notice thereof in the legal organ of Gwinnett County223
263261 at least once each week for four weeks prior to such election.224
264262 (c) Board members shall be subject to recall as follows:225
265263 (1) By election, called by a resolution of the city council for the City of Peachtree Corners;226
266264 (2) By election, called by a resolution of the administrative board of the district;227
267265 (3) By election, called by a petition of 20 percent of the electors or a petition by holders228
268266 of 20 percent of eligible votes represented by equity electors;229
269267 (4) Upon petition of either a majority of the electors within the district or a majority of the230
270268 equity electors within the district, provided that, if the petition is for recall of an elected231
271269 board member, the petition shall be from the category of voters who elected the board232
272270 member; or233
273271 (5) Upon the termination of an agreement of cooperation. Termination is in the event such234
274272 agreement of cooperation shall lapse (including failure to reenact by the following235
275273 December 31 after an existing agreement of cooperation shall expire on its own terms) or236
276274 an affirmative resolution of rejection of an agreement or reenactment of an agreement of237
277275 cooperation by any one of the necessary parties so that no agreement of cooperation is in238
278276 force.239
279277 (d) Board members, including appointed board members, shall be electors within the district.240
280278 If a board member ceases to be an elector, such board member's position shall be declared241
281279 vacant as of the date of the event terminating such status.242
282280 H. B. 1414
283-- 10 - 24 LC 47 2895/AP
281+- 10 - 24 LC 47 2895
284282 (e) Board members shall receive no compensation for their services, but shall be reimbursed
285283 243
286284 for actual expenses incurred in the performance of their duties. They shall elect one of their244
287285 number as chairperson and another as vice chairperson. They shall also elect a secretary and245
288286 a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the246
289287 board or an elector.247
290288 (f) If the boundaries of a district are subsequently changed after creation of the district to248
291289 include land within a municipality which was not a party to the creation of the district, or if249
292290 a municipality's boundaries are changed to include land within an existing district, the250
293291 governing authority of the municipality shall acquire the right to appoint a member to the251
294292 board of the district upon entering into the cooperation agreement provided for in Section 9252
295293 hereof. If the boundaries of a district or municipality are subsequently changed after creation253
296294 of a district to include land within the unincorporated area of Gwinnett County and the254
297295 district originally had no land within the unincorporated area of Gwinnett County, the Board255
298296 of Commissioners of Gwinnett County shall acquire the right to appoint a member to the256
299297 board of the district upon entering into the cooperation agreement provided for in Section 9257
300298 hereof. If, by municipal annexation or by deannexation of land from a district, the district258
301299 no longer includes land within the unincorporated area of Gwinnett County or within a259
302300 municipality, respectively, then the board member of the district appointed by such260
303301 governing authority in which the district is no longer located shall cease to be a board261
304302 member.262
305303 (g) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to263
306304 the election of district board members. The district board may adopt such bylaws not264
307305 inconsistent herewith to provide for any matter concerning such elections.265
308306 H. B. 1414
309-- 11 - 24 LC 47 2895/AP
307+- 11 - 24 LC 47 2895
310308 SECTION 6.
311309 266
312310 Taxes, fees, and assessments.267
313311 (a) The board may levy taxes, fees, and assessments within the district only on real property268
314312 used nonresidentially, specifically excluding all property exempt from ad valorem taxation269
315313 under the Constitution or laws of the State of Georgia, all property used for residential,270
316314 agricultural, or forestry purposes, and all tangible personal property and intangible property.271
317315 Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed272
318316 value of all such real property. The taxes, fees, and assessments levied by the board shall be273
319317 equitably apportioned among the properties subject to such taxes, fees, and assessments274
320318 according to the need for governmental services and facilities created by the degree of275
321319 density of development of each such property. The proceeds of taxes, fees, and assessments276
322320 levied by the board shall be used only for the purpose of providing governmental services277
323321 and facilities which are specially required by the degree of density of development within the278
324322 district and not for the purpose of providing those governmental services and facilities279
325323 provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be280
326324 collected by either the Gwinnett County tax commissioner or the City of Peachtree Corners281
327325 in the same manner as taxes, fees, and assessments are levied by either Gwinnett County or282
328326 the City of Peachtree Corners. Delinquent taxes shall bear the same interest and penalties283
329327 as either Gwinnett County or the City of Peachtree Corners ad valorem taxes and may be284
330328 enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so285
331329 levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than286
332330 $25,000.00 in any one calendar year, shall be transmitted by either the Gwinnett County tax287
333331 commissioner or the City of Peachtree Corners to the board and shall be expended by the288
334332 board only for the purposes authorized hereby.289
335333 (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent290
336334 to the report of the assessed taxable values for the current calendar year and notify in writing291
337335 H. B. 1414
338-- 12 - 24 LC 47 2895/AP
336+- 12 - 24 LC 47 2895
339337 the collecting governing bodies so they may include the levy on their regular ad valorem tax
340338 292
341339 bills, if possible.293
342340 (c) If, but for this provision, a parcel of real property is removed from a district or otherwise294
343341 would become nontaxable, it shall continue to bear its tax millage then extant upon such295
344342 event for bonded indebtedness of the district then outstanding until said bonded indebtedness296
345343 then outstanding is paid or refunded.297
346344 SECTION 7.298
347345 Boundaries of the districts.299
348346 (a) The boundaries of each district shall be as designated as such by the City of Peachtree300
349347 Corners as set forth in the resolutions required in Section 4 hereof, or as may thereafter be301
350348 added as hereinafter provided.302
351349 (b) The boundaries of a district may be increased after the initial creation of a district303
352350 pursuant to the following:304
353351 (1) Written consent of a majority of the owners of real property within the area sought to305
354352 be annexed and which will be subject to taxes, fees, and assessments levied by the board306
355353 of the district;307
356354 (2) Written consent of owners of real property within the area sought to be annexed which308
357355 constitutes at least 75 percent by value of the property which will be subject to taxes, fees,309
358356 and assessments levied by the board. For this purpose, value shall be determined by the310
359357 most recent approved county ad valorem tax digest;311
360358 (3) The adoption of a resolution consenting to the annexation by the board of the district;312
361359 and313
362360 (4) The adoption of a resolution consenting to the annexation by the governing authorities314
363361 of Gwinnett County, if any portion of the district is or is to be in the unincorporated area315
364362 H. B. 1414
365-- 13 - 24 LC 47 2895/AP
363+- 13 - 24 LC 47 2895
366364 of Gwinnett County, and such municipalities as may have area within the district before
367365 316
368366 or after the annexation.317
369367 (c) The boundaries of a district may also be increased after the initial creation of a district318
370368 if:319
371369 (1) Written consent of the owners of any real property sought to be annexed and which320
372370 will not be subject to taxes, fees, and assessments levied by the board of the district is first321
373371 obtained;322
374372 (2) The board of the district adopts a resolution consenting to the annexation; and323
375373 (3) A resolution is adopted which grants consent to the annexation by the governing324
376374 authorities of Gwinnett County, if any portion of the district is in the unincorporated area325
377375 of Gwinnett County, and such municipalities as may have area within the district before326
378376 or after the annexation.327
379377 (d) Property which is not subject to taxes, fees, and assessments levied by the board of the328
380378 district and which is adjacent to, contiguous to, or abutting property within the district may329
381379 be annexed by:330
382380 (1) The adoption of a resolution approving the annexation by the board of the district; and331
383381 (2) The adoption of a resolution granting consent to the annexation by the governing332
384382 authorities of Gwinnett County, if any portion of the district is in the unincorporated area333
385383 of Gwinnett County, and such municipalities as may have area within the district before334
386384 or after the annexation.335
387385 SECTION 8.336
388386 Debt.337
389387 Except as otherwise provided in this section, each district may incur debt without regard to338
390388 the requirements of Article IX, Section V of the Constitution of Georgia, or any other339
391389 provision of law, prohibiting or restricting the borrowing of money or the creation of debt340
392390 H. B. 1414
393-- 14 - 24 LC 47 2895/AP
391+- 14 - 24 LC 47 2895
394392 by political subdivisions of the State of Georgia, which debt shall be backed by the full faith
395393 341
396394 and credit and taxing power of the district but shall not be an obligation of the State of342
397395 Georgia or any other unit of government of the State of Georgia other than the district,343
398396 provided, however, that the board and the district may not issue bonds validated under or in344
399397 accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue345
400398 Bond Law," or in accordance with such other successor provisions governing bond validation346
401399 generally or as may be provided by law. 347
402400 SECTION 9.348
403401 Cooperation with local governments.349
404402 The services and facilities provided pursuant hereto shall be provided for in a cooperation350
405403 agreement executed jointly by the board, the governing body of the City of Peachtree351
406404 Corners, and any other governmental authorities or agencies within which the district is352
407405 partially located. The provisions of this section shall in no way limit the authority of the City353
408406 of Peachtree Corners or any such governmental authority or agency to provide services or354
409407 facilities within the district; and the City of Peachtree Corners or such governmental355
410408 authorities or agencies shall retain full and complete authority and control over any of its356
411409 facilities located within its respective areas of any district. Said control shall include but not357
412410 be limited to the modification of, access to, and degree and type of services provided through358
413411 or by facilities of the City of Peachtree Corners or any other governmental authorities or359
414412 agencies within the district. Nothing contained in this section shall be construed to limit or360
415413 preempt the application of any governmental laws, ordinances, resolutions, or regulations to361
416414 the district or the services or facilities provided therein. Any community improvement362
417415 district created pursuant to this Act shall indemnify and hold harmless the State of Georgia,363
418416 Gwinnett County, the City of Peachtree Corners, or any other county or municipality located364
419417 wholly or partially within such community improvement district, and any other unit of365
420418 H. B. 1414
421-- 15 - 24 LC 47 2895/AP
419+- 15 - 24 LC 47 2895
422420 government of the State of Georgia other than such community improvement district from
423421 366
424422 any claim or cause of action asserted against, or which is capable of assertion against, such367
425423 community improvement district arising from the acts or omissions of the community368
426424 improvement district. Neither the State of Georgia, Gwinnett County, the City of Peachtree369
427425 Corners, or any other county or municipality located wholly or partially within such district,370
428426 nor any other unit of government of the State of Georgia other than the district shall be371
429427 responsible or liable for payment of any sum arising from a claim or cause of action asserted,372
430428 or which might have been asserted, against such community improvement district arising373
431429 from the acts or omissions of the community improvement district.374
432430 SECTION 10.375
433431 Powers.376
434432 (a) Each district and its board created pursuant hereto shall have all of the powers necessary377
435433 or convenient to carry out and effectuate the purposes and provisions hereof, including,378
436434 without limiting the generality of the foregoing, the power:379
437435 (1) To bring and defend actions;380
438436 (2) To adopt and amend a corporate seal;381
439437 (3) To make and execute contracts, agreements, and other instruments necessary or382
440438 convenient to exercise the powers of the board or to further the public purposes for which383
441439 the district is created, including, but not limited to, contracts for construction of projects,384
442440 leases of projects, contracts for sale of projects, agreements for loans to finance projects,385
443441 contracts with respect to the use of projects, and agreements with other jurisdictions or386
444442 community improvement districts regarding multi-jurisdictional projects or services or for387
445443 other cooperative endeavors to further the public purposes of the district;388
446444 H. B. 1414
447-- 16 - 24 LC 47 2895/AP
445+- 16 - 24 LC 47 2895
448446 (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and
449447 389
450448 personal property of every kind and character, or any interest therein, in furtherance of the390
451449 public purposes of the district;391
452450 (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase,392
453451 acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve,393
454452 install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any394
455453 project from the proceeds of the district or any other funds of the district, or from any395
456454 contributions or loans by persons, corporations, partnerships (whether limited or general),396
457455 or other entities, all of which the board is authorized to receive, accept, and use;397
458456 (6) To borrow money to further or carry out its public purposes and to execute bonds,398
459457 notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale399
460458 of its notes, or other obligations, loan agreements, security agreements, assignments, and400
461459 such other agreements or instruments as may be necessary or desirable, in the judgment of401
462460 the board, to evidence and to provide security for such borrowing;402
463461 (7) Issue notes or other obligations of the district and use the proceeds thereof for the403
464462 purpose of paying all or any part of the cost of any project and otherwise to further or carry404
465463 out the public purposes of the district and to pay all reasonably incurred costs of the board405
466464 incidental to, or necessary and appropriate to, furthering or carrying out such purposes;406
467465 provided, however, that the board and the district may not issue bonds validated under or407
468466 in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the408
469467 "Revenue Bond Law," or in accordance with such other successor provisions governing409
470468 bond validation generally or as my be provided by law;410
471469 (8) To make application directly or indirectly to any federal, state, county, or municipal411
472470 government or agency or to any other source, whether public or private, for loans, grants,412
473471 guarantees, or other financial assistance in furtherance of the district's public purposes and413
474472 to accept and use the same upon such terms and conditions as are prescribed by such414
475473 federal, state, county, or municipal government or agency or other source;415
476474 H. B. 1414
477-- 17 - 24 LC 47 2895/AP
475+- 17 - 24 LC 47 2895
478476 (9) To enter into agreements with the federal government or any agency thereof to use the
479477 416
480478 facilities or services of the federal government or any agency thereof in order to further or417
481479 carry out the public purposes of the district;418
482480 (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state419
483481 institutions, or any municipal corporation, county, or political subdivision of this state for420
484482 the use by the district of any facilities or services of the state or any such state institution,421
485483 municipal corporation, county, or political subdivision of this state, or for the use by any422
486484 state institution or any municipal corporation, county, or political subdivision of the state423
487485 of any facilities or services of the district, provided that such contracts shall deal with such424
488486 activities and transactions as the district and any such political subdivision with which the425
489487 district contracts are authorized by law to undertake;426
490488 (11) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees427
491489 or assessments to be received as security for its notes, or other indebtedness and428
492490 obligations;429
493491 (12) To receive and use the proceeds of any tax levied by any county or any municipal430
494492 corporation to pay the costs of any project or for any other purpose for which the board431
495493 may use its own funds pursuant hereto;432
496494 (13) To receive and administer gifts, grants, and devises of money and property of any433
497495 kind and to administer trusts;434
498496 (14) To use any real property, personal property, or fixtures or any interest therein or to435
499497 rent or lease such property to or from others or make contracts with respect to the use436
500498 thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant437
501499 options for any such property in any manner as it deems to be the best advantage of the438
502500 district and the public purposes thereof;439
503501 (15) To appoint, select, and employ engineers, surveyors, architects, urban or city440
504502 planners, fiscal agents, attorneys, and others and to fix their compensation and pay their441
505503 expenses;442
506504 H. B. 1414
507-- 18 - 24 LC 47 2895/AP
505+- 18 - 24 LC 47 2895
508506 (16) To encourage and promote the improvement and development of the district and to
509507 443
510508 make, contract for, or otherwise cause to be made long-range plans or proposals for the444
511509 district in cooperation with the City of Peachtree Corners and any county or municipal445
512510 corporations in which the district is wholly or partially located;446
513511 (17) To invest its funds, whether derived from the issuance of its bonds or otherwise, in447
514512 such manner as it may deem prudent and appropriate, without further restriction;448
515513 (18) To adopt bylaws governing the conduct of business by the board, the election and449
516514 duties of officers of the board, and other matters which the board determines to deal within450
517515 its bylaws;451
518516 (19) To exercise any power granted by the laws of this state to public or private452
519517 corporations which is not in conflict with the public purposes of the district;453
520518 (20) To create, provide, enhance, or supplement public services such as fire, police, and454
521519 other such services as may be deemed necessary, provided that said public services do not455
522520 conflict with or duplicate the existing City of Peachtree Corners, county or other municipal456
523521 corporation services; and457
524522 (21) To do all things necessary or convenient to carry out the powers conferred hereby.458
525523 (b) The powers enumerated in each paragraph of subsection (a) of this section are459
526524 cumulative of and in addition to those powers enumerated herein and elsewhere in this Act460
527525 and no such power limits or restricts any other power of the board.461
528526 SECTION 11.462
529527 Construction, notice, proceeding, publication, referendum.463
530528 This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding,464
531529 or publication except those required hereby shall be necessary to the performance of any act465
532530 authorized hereby, nor shall any such act be subject to referendum.466
533531 H. B. 1414
534-- 19 - 24 LC 47 2895/AP
532+- 19 - 24 LC 47 2895
535533 SECTION 12.
536534 467
537535 Applicability of Chapter 5 of Title 10 of the O.C.G.A.,468
538536 the "Georgia Uniform Securities Act of 2008."469
539537 The offer, sale, or issuance of notes or other obligations by the district shall not be subject470
540538 to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities471
541539 Act of 2008."472
542540 SECTION 13.473
543541 Dissolution.474
544542 (a) Any district activated under the provisions of this Act may be dissolved. The conditions475
545543 for such dissolution shall be:476
546544 (1) The adoption of a resolution approving of the dissolution of each community477
547545 improvement district by the City of Peachtree Corners and any such county or478
548546 municipalities within which the district may be located if partially within the479
549547 unincorporated area of a county and partially within one or more municipalities; and480
550548 (2) The written consent to the dissolution of the community improvement district by:481
551549 (A) Two-thirds, 67 percent, of the owners of real property within the district which are482
552550 subject to taxes, fees, and assessments levied by the board of the district; and483
553551 (B) The owners of real property constituting at least 75 percent by value of all real484
554552 property within the district which are subject to taxes, fees, and assessments levied by the485
555553 board. For this purpose, value shall be determined by the most recent approved county486
556554 ad valorem tax digest.487
557555 The written consent provided for in this paragraph shall be submitted to the Gwinnett488
558556 County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this489
559557 paragraph have been satisfied with respect to each proposed district dissolution.490
560558 H. B. 1414
561-- 20 - 24 LC 47 2895/AP
559+- 20 - 24 LC 47 2895
562560 (c) In the event that successful action is taken pursuant to this section to dissolve the district,
563561 491
564562 the dissolution shall become effective at such time as all debt obligations of the district have492
565563 been satisfied. Following a successful dissolution action and until the dissolution becomes493
566564 effective, no new projects may be undertaken, obligations or debts incurred, or property494
567565 acquired.495
568566 (d) Upon a successful dissolution action, all noncash assets of the district other than public496
569567 facilities or land or easements to be used for such public facilities, as described in Section 2497
570568 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied498
571569 to the repayment of any debt obligation of the district. Any cash remaining after all499
572570 outstanding obligations are satisfied shall be refunded to each property owner in direct500
573571 proportion to the total amount in taxes, fees, or assessments paid by the property owner501
574572 relative to the total revenues paid by all properties in the district.502
575573 (e) When a dissolution becomes effective, the municipal governing authority, or the503
576574 governing authority of a county or municipality if wholly within the incorporated area504
577575 thereof, shall take title to all property previously in the ownership of the district and all taxes,505
578576 fees, and assessments of the district shall cease to be levied and collected.506
579577 (f) A district may be reactivated in the same manner as an original activation.507
580578 SECTION 14.508
581579 Repealer.509
582580 All laws and parts of laws in conflict with this Act are repealed.510
583581 H. B. 1414
584582 - 21 -