8 | 6 | | th |
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9 | 7 | | |
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10 | 8 | | A BILL TO BE ENTITLED |
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11 | 9 | | AN ACT |
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12 | 10 | | To provide for the creation of one or more community improvement districts to be wholly |
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13 | 11 | | 1 |
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14 | 12 | | located within the City of Peachtree Corners; to provide for a short title; to provide for the2 |
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15 | 13 | | purposes of said districts; to provide for definitions; to provide for boards to administer said3 |
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16 | 14 | | districts; to provide for the appointment and election of members of said boards; to provide4 |
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17 | 15 | | for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for5 |
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18 | 16 | | debt of said districts other than bonded indebtedness; to provide for cooperation with local6 |
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19 | 17 | | governments; to provide for powers of said boards; to provide for construction; to provide7 |
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20 | 18 | | that no notice, proceeding, publication, or referendum shall be required; to provide for8 |
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21 | 19 | | dissolutions; to provide the procedures connected with all of the foregoing; to provide for9 |
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22 | 20 | | related matters; to repeal conflicting laws; and for other purposes.10 |
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23 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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24 | 22 | | SECTION 1.12 |
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25 | 23 | | Short title.13 |
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26 | 24 | | This Act shall be known and may be cited as the "City of Peachtree Corners Community14 |
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27 | 25 | | Improvement Districts Act."15 |
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28 | 26 | | H. B. 1414 |
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30 | 28 | | SECTION 2. |
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31 | 29 | | 16 |
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32 | 30 | | Purpose.17 |
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33 | 31 | | The purpose of this Act shall be to provide for the creation of one or more community18 |
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34 | 32 | | improvement districts within the City of Peachtree Corners, and such district or districts may19 |
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35 | 33 | | be created for the provision of some or all of the following governmental services and20 |
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36 | 34 | | facilities as provided and authorized by Article IX, Section VII of the Constitution of the21 |
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37 | 35 | | State of Georgia and the resolution activating each district created hereby, or as may be22 |
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38 | 36 | | adopted by resolutions of the majority of the electors and the majority of the equity electors23 |
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39 | 37 | | present and voting at a meeting of electors and equity electors. A quorum shall consist of24 |
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40 | 38 | | those electors and equity electors present. No proxy votes may be cast. Notice of said25 |
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41 | 39 | | meeting shall be given to said electors and equity electors by publishing notice thereof in the26 |
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42 | 40 | | legal organ of Gwinnett County at least once each week for four weeks prior to such meeting.27 |
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43 | 41 | | Such governmental services and facilities include, but are not limited to:28 |
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44 | 42 | | (1) Street and road construction and maintenance, including curbs, sidewalks, street lights,29 |
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45 | 43 | | and devices to control the flow of traffic on streets and roads in connection therewith;30 |
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46 | 44 | | (2) Parks and recreational areas and facilities and services;31 |
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47 | 45 | | (3) Storm water and sewage collection and disposal systems;32 |
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48 | 46 | | (4) Public transportation, including, but not limited to, services intended to reduce the33 |
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49 | 47 | | volume of automobile traffic, to transport two or more persons in conveyances, to improve34 |
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50 | 48 | | air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic35 |
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51 | 49 | | management association or similar entity and services;36 |
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52 | 50 | | (5) Terminal and dock facilities and parking facilities and services; and37 |
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53 | 51 | | (6) Such other services and facilities as may be provided for by general law or as the38 |
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54 | 52 | | Georgia Constitution may authorize or provide now or hereafter.39 |
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55 | 53 | | H. B. 1414 |
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57 | 55 | | SECTION 3. |
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58 | 56 | | 40 |
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59 | 57 | | Definitions.41 |
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60 | 58 | | As used in this Act, the term:42 |
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61 | 59 | | (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale43 |
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62 | 60 | | or use, including the growing of field crops, fruit or nut trees, the raising of livestock or44 |
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63 | 61 | | poultry, and the operation of dairies, horse boarding facilities, and riding stables.45 |
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64 | 62 | | (2) "Board" means the governing body created for the governance of each community46 |
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65 | 63 | | improvement district herein authorized.47 |
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66 | 64 | | (3) "Caucus of electors" means for each district the meeting of electors hereinafter48 |
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67 | 65 | | provided for at which the elected board members of the district are elected. A quorum at49 |
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68 | 66 | | such caucus shall consist of those electors present, and a majority of those present and50 |
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69 | 67 | | voting is necessary to elect board members. No proxy votes may be cast.51 |
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70 | 68 | | (4) "Cost of the project" or "cost of any project" means and includes:52 |
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71 | 69 | | (A) All costs of acquisition (by purchase or otherwise), construction, assembly,53 |
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72 | 70 | | installation, modification, renovation, or rehabilitation incurred in connection with any54 |
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73 | 71 | | project or any part of any project;55 |
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74 | 72 | | (B) All costs of real property, fixtures, or personal property used in or in connection with56 |
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75 | 73 | | or necessary for any project or for any facilities related thereto, including, but not limited57 |
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76 | 74 | | to, the cost of all land, estates for years, easements, rights, improvements, water rights,58 |
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77 | 75 | | connections for utility services, fees, franchises, permits, approvals, licenses, and59 |
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78 | 76 | | certificates; the cost of securing any such franchises, permits, approvals, licenses, or60 |
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79 | 77 | | certificates; the cost of preparation of any application therefor; and the cost of all fixtures,61 |
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80 | 78 | | machinery, equipment (including all transportation equipment and rolling stock),62 |
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81 | 79 | | furniture, and other property used in or in connection with or necessary for any project;63 |
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82 | 80 | | (C) All financing charges and loan fees and all interest on notes or other obligations of64 |
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83 | 81 | | a district which accrue or are paid prior to and during the period of construction of a65 |
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84 | 82 | | H. B. 1414 |
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86 | 84 | | project and during such additional period as the board may reasonably determine to be |
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87 | 85 | | 66 |
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88 | 86 | | necessary to place such project in operation;67 |
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89 | 87 | | (D) All costs of engineering, surveying, architectural, and legal services and all expenses68 |
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90 | 88 | | incurred by engineers, surveyors, architects, and attorneys in connection with any project;69 |
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91 | 89 | | (E) All expenses for inspection of any project;70 |
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92 | 90 | | (F) All expenses of or incidental to determining the feasibility or practicability of any71 |
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93 | 91 | | project;72 |
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94 | 92 | | (G) All costs of plans and specifications for any project;73 |
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95 | 93 | | (H) All costs of title insurance and examinations of title with respect to any project;74 |
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96 | 94 | | (I) Repayment of any loans made for the advance payment of any part of the foregoing75 |
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97 | 95 | | costs, including interest thereon and any other expenses of such loans; and76 |
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98 | 96 | | (J) Administrative expenses of the board and such other expenses as may be necessary77 |
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99 | 97 | | for or incidental to any project or the financing thereof or the placing of any project in78 |
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100 | 98 | | operation.79 |
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101 | 99 | | Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part80 |
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102 | 100 | | of the cost of the project and may be paid or reimbursed as such out of the proceeds of81 |
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103 | 101 | | notes or other obligations issued by the district.82 |
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104 | 102 | | (5) "District" means the geographical area designated as such by the resolution of the83 |
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105 | 103 | | governing body or bodies consenting to the creation of the community improvement84 |
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106 | 104 | | district or as thereafter modified by any subsequent resolution of the governing body or85 |
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107 | 105 | | bodies within which the district is or is to be located, or a body corporate and politic being86 |
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108 | 106 | | a community improvement district created and activated pursuant hereto, as the context87 |
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109 | 107 | | requires or permits.88 |
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110 | 108 | | (6) "Electors" means the owners of real property within the district which is subject to89 |
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111 | 109 | | taxes, fees, and assessments levied by the board, as they appear on the most recent ad90 |
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112 | 110 | | valorem real property tax return records of Gwinnett County, or one officer or director of91 |
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113 | 111 | | a corporate elector, one trustee of a trust which is an elector, one partner of a partnership92 |
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114 | 112 | | H. B. 1414 |
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116 | 114 | | elector, or one designated representative of an elector whose designation is made in |
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117 | 115 | | 93 |
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118 | 116 | | writing. An owner of property that is subject to taxes, fees, or assessments levied by the94 |
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119 | 117 | | board shall have one vote for an election based on numerical majority. An owner of95 |
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120 | 118 | | multiple parcels has one vote, not one vote per parcel, for an election based on numerical96 |
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121 | 119 | | majority. Multiple owners of one parcel have one vote for an election based on numerical97 |
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122 | 120 | | majority which must be cast by one of their number who is designated in writing.98 |
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123 | 121 | | (7) "Equitably apportioned among the properties subject to such taxes, fees, and99 |
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124 | 122 | | assessments according to the need for governmental services and facilities created by the100 |
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125 | 123 | | degree of density of development of each such property," with reference to taxes, fees, and101 |
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126 | 124 | | assessments levied by the board, means that the burden of the taxes, fees, and assessments102 |
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127 | 125 | | shall be apportioned among the properties subject thereto based upon the values established103 |
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128 | 126 | | in the most recent ad valorem tax reassessment of such properties certified by the chairman104 |
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129 | 127 | | of the Gwinnett County Board of Tax Assessors, or may be apportioned among the105 |
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130 | 128 | | properties subject thereto in direct or approximate proportion to the receipt of services or106 |
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131 | 129 | | benefits derived from the improvements or other activities for which the taxes, fees, or107 |
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132 | 130 | | assessments are to be expended, or may be apportioned in any other manner or combination108 |
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133 | 131 | | of manners deemed equitable by the board, including, but not limited to, the recognition109 |
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134 | 132 | | of differential benefits which may reasonably be expected to accrue to new land110 |
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135 | 133 | | development in contrast to lands and improvements already in existence at the time of111 |
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136 | 134 | | creation of the community improvement district.112 |
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137 | 135 | | (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all113 |
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138 | 136 | | owned real property within the district which is then subject to taxes, fees, and assessments114 |
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139 | 137 | | levied by the board. Value of real property shall be the assessed value.115 |
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140 | 138 | | (9) "Forestry" means the planting and growing of trees for sale in a program which116 |
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141 | 139 | | includes reforestation of harvested trees, regular underbrush and undesirable growth117 |
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142 | 140 | | clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active118 |
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143 | 141 | | H. B. 1414 |
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145 | 143 | | tree-farming operation. It does not include the casual growing of trees on land otherwise |
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146 | 144 | | 119 |
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147 | 145 | | idle or held for investment, even though some harvesting of trees may occur thereon.120 |
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148 | 146 | | (10) "Hereby," "herein," "hereinunder," and "herewith" mean under this Act.121 |
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149 | 147 | | (11) "Project" means the acquisition, construction, installation, modification, renovation,122 |
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150 | 148 | | or rehabilitation of land, interests in land, buildings, structures, facilities, or other123 |
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151 | 149 | | improvements, including operation of facilities or other improvements, located or to be124 |
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152 | 150 | | located within or otherwise providing service to the district and the acquisition, installation,125 |
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153 | 151 | | modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment,126 |
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154 | 152 | | furniture, or other property of any nature whatsoever used on, in, or in connection with any127 |
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155 | 153 | | such land, interest in land, building, structure, facility, or other improvement; the creation,128 |
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156 | 154 | | provision, enhancement, or supplementing of public services (such as fire, police, and other129 |
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157 | 155 | | services), provided that same do not conflict with or duplicate existing public services; and130 |
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158 | 156 | | all for the essential public purposes set forth in Section 2 of this Act.131 |
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159 | 157 | | (12) "Property owner" or "owner of real property" means any entity or person shown as132 |
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160 | 158 | | a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records133 |
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161 | 159 | | of Gwinnett County within the district as certified by the Gwinnett County Tax134 |
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162 | 160 | | Commissioner.135 |
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163 | 161 | | (13) "Property used nonresidentially" means property or any portion thereof used for136 |
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164 | 162 | | neighborhood shopping, planned shopping center, general commercial, transient lodging137 |
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165 | 163 | | facilities, tourist services, office or institutional, office services, light industry, heavy138 |
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166 | 164 | | industry, central business district, parking, or other commercial or business use or vacant139 |
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167 | 165 | | land zoned or approved for any of the aforementioned uses which do not include140 |
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168 | 166 | | residential.141 |
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169 | 167 | | (14) "Residential" means a specific work or improvement undertaken primarily to provide142 |
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170 | 168 | | single-family or multifamily dwelling accommodations for persons and families and such143 |
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171 | 169 | | community facilities as may be incidental or appurtenant thereto.144 |
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172 | 170 | | H. B. 1414 |
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174 | 172 | | (15) "Taxpayer" means an entity or person paying ad valorem taxes on real property, |
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175 | 173 | | 145 |
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176 | 174 | | whether on one or more parcels of property within the district. Multiple owners of one146 |
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177 | 175 | | parcel shall constitute one taxpayer and shall designate in writing one of their number to147 |
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178 | 176 | | represent the whole.148 |
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179 | 177 | | (16) "Value" or "assessed value" of property means the values established in the most149 |
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180 | 178 | | recent ad valorem tax reassessment of such properties certified by the chairperson of the150 |
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181 | 179 | | Gwinnett County Board of Tax Assessors.151 |
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182 | 180 | | SECTION 4.152 |
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183 | 181 | | Creation.153 |
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184 | 182 | | (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is154 |
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185 | 183 | | created one or more community improvement districts to be located in the City of Peachtree155 |
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186 | 184 | | Corners, Georgia, either wholly within the incorporated area thereof, or partly within the156 |
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187 | 185 | | unincorporated area of a county, or one or more municipalities thereof, each of which shall157 |
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188 | 186 | | be activated upon compliance with the conditions set forth in this section. Each district shall158 |
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189 | 187 | | be governed by a board constituted by this Act. The conditions for such activation shall be:159 |
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190 | 188 | | (1) The adoption of a resolution consenting to the creation of the community improvement160 |
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191 | 189 | | district or districts by the governing authority for the City of Peachtree Corners and161 |
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192 | 190 | | imposing such conditions on the projects and activities which may be undertaken as will162 |
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193 | 191 | | ensure their compatibility with adopted city policies and planning for the area; and 163 |
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194 | 192 | | (2) The written consent to the creation of the community improvement district by:164 |
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195 | 193 | | (A) A majority of the owners of real property within the district which will be subject165 |
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196 | 194 | | to taxes, fees, and assessments levied by the board of the district; and166 |
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197 | 195 | | (B) The owners of real property within the district which constitutes at least 75 percent167 |
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198 | 196 | | by value of all real property within the district which will be subject to taxes, fees, and168 |
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199 | 197 | | H. B. 1414 |
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201 | 199 | | assessments levied by the board. For this purpose, value shall be determined by the most |
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202 | 200 | | 169 |
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203 | 201 | | recent approved county ad valorem tax digest.170 |
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204 | 202 | | The written consent provided for in this paragraph shall be submitted to the Gwinnett171 |
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205 | 203 | | County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this172 |
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206 | 204 | | paragraph have been satisfied with respect to each such proposed district.173 |
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207 | 205 | | (b) No district or board created under this Act shall transact any business or exercise any174 |
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208 | 206 | | powers under this Act until the foregoing conditions are met. A copy of such resolutions175 |
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209 | 207 | | shall be filed with the Secretary of State and with the city clerk of the City of Peachtree176 |
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210 | 208 | | Corners, who shall each maintain a record of all districts activated under this Act. 177 |
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211 | 209 | | (c) Nothing contained herein shall limit:178 |
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212 | 210 | | (1) The ability of the governing authority of the City of Peachtree Corners to implement179 |
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213 | 211 | | more than one community improvement district; or180 |
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214 | 212 | | (2) Any district created pursuant to this act from being expanded into the unincorporated181 |
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215 | 213 | | area of the county, or into one or more other municipalities;182 |
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216 | 214 | | so long as the requirements of this Act and of the Georgia Constitution are satisfied.183 |
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217 | 215 | | (d) The provisions of this Act shall be construed so as to provide for the independent184 |
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218 | 216 | | application and exercise of all powers for each district contained herein including the ability185 |
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219 | 217 | | to levy taxes as outlined herein as separately and independently authorizing and empowering186 |
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220 | 218 | | such separate community improvement districts created hereby. Nothing contained herein187 |
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221 | 219 | | shall require the governing authority of the City of Peachtree Corners to create more than one188 |
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222 | 220 | | community improvement district, or to require the creation of a new district if the district189 |
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223 | 221 | | boundaries of an existing district are changed, added to, supplemented, or modified. 190 |
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224 | 222 | | H. B. 1414 |
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226 | 224 | | SECTION 5. |
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227 | 225 | | 191 |
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228 | 226 | | Administration, appointment, and election of board members.192 |
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229 | 227 | | (a)(1) Each district created pursuant hereto shall be administered either by the governing193 |
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230 | 228 | | authority or by a board as prescribed under this Act. In the event that a district is to be194 |
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231 | 229 | | governed by such a board, the board shall be composed of a minimum of seven board195 |
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232 | 230 | | members to be appointed and elected as hereinafter provided:196 |
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233 | 231 | | (2) Three board members shall be appointed by the governing authority of the City of197 |
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234 | 232 | | Peachtree Corners, one of whom shall be a member of the City Council, to serve in Posts 5,198 |
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235 | 233 | | 6, and 7. Two board members shall be elected by the vote of electors, and two members199 |
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236 | 234 | | shall be elected by the vote of equity electors. The board shall be seven in number. The200 |
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237 | 235 | | members representing the electors and equity electors shall be elected to serve in post201 |
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238 | 236 | | positions 1 through 4, respectively. Each elected board member must receive a majority202 |
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239 | 237 | | of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2203 |
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240 | 238 | | shall be cast by electors and votes for Posts 3 and 4 shall be cast by equity electors. The204 |
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241 | 239 | | initial term of office for the members representing Posts 1 and 3 shall be two years. The205 |
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242 | 240 | | initial term of office for the members representing Posts 2 and 4 shall be three years.206 |
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243 | 241 | | Thereafter, all terms of office shall be for three years, except the appointed board members207 |
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244 | 242 | | who serve at the pleasure of the governing body which appointed them.208 |
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245 | 243 | | (b) The initial board members to be elected as provided above shall be elected in a caucus209 |
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246 | 244 | | of electors which shall be held within 90 days after the adoption of the resolution by the City210 |
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247 | 245 | | of Peachtree Corners consenting to the creation of the district, and obtaining the written211 |
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248 | 246 | | consents herein provided at such time and place within the district as the City of Peachtree212 |
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249 | 247 | | Corners shall designate after notice thereof shall have been given to said electors by213 |
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250 | 248 | | publishing same in the legal organ of Gwinnett County as hereinafter provided. Thereafter,214 |
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251 | 249 | | there shall be conducted, not later than 90 days following the last day for filing ad valorem215 |
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252 | 250 | | real property tax returns in Gwinnett County, a caucus of said electors at such time and place216 |
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253 | 251 | | H. B. 1414 |
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255 | 253 | | within the district as the board shall designate in such notice for the purpose of electing board |
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256 | 254 | | 217 |
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257 | 255 | | members to those board member positions whose terms expire or are vacant. If a vacancy218 |
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258 | 256 | | occurs in an elected position on the board, the board shall, within 60 days thereof, call a219 |
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259 | 257 | | special election to fill the same to be held within 60 days of the call unless such vacancy220 |
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260 | 258 | | occurs within 180 days of the next regularly scheduled election, in which case a special221 |
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261 | 259 | | election may, but need not, be called. For any election held hereunder, notice thereof shall222 |
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262 | 260 | | be given to said electors by publishing notice thereof in the legal organ of Gwinnett County223 |
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263 | 261 | | at least once each week for four weeks prior to such election.224 |
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264 | 262 | | (c) Board members shall be subject to recall as follows:225 |
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265 | 263 | | (1) By election, called by a resolution of the city council for the City of Peachtree Corners;226 |
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266 | 264 | | (2) By election, called by a resolution of the administrative board of the district;227 |
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267 | 265 | | (3) By election, called by a petition of 20 percent of the electors or a petition by holders228 |
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268 | 266 | | of 20 percent of eligible votes represented by equity electors;229 |
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269 | 267 | | (4) Upon petition of either a majority of the electors within the district or a majority of the230 |
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270 | 268 | | equity electors within the district, provided that, if the petition is for recall of an elected231 |
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271 | 269 | | board member, the petition shall be from the category of voters who elected the board232 |
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272 | 270 | | member; or233 |
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273 | 271 | | (5) Upon the termination of an agreement of cooperation. Termination is in the event such234 |
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274 | 272 | | agreement of cooperation shall lapse (including failure to reenact by the following235 |
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275 | 273 | | December 31 after an existing agreement of cooperation shall expire on its own terms) or236 |
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276 | 274 | | an affirmative resolution of rejection of an agreement or reenactment of an agreement of237 |
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277 | 275 | | cooperation by any one of the necessary parties so that no agreement of cooperation is in238 |
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278 | 276 | | force.239 |
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279 | 277 | | (d) Board members, including appointed board members, shall be electors within the district.240 |
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280 | 278 | | If a board member ceases to be an elector, such board member's position shall be declared241 |
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281 | 279 | | vacant as of the date of the event terminating such status.242 |
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282 | 280 | | H. B. 1414 |
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284 | 282 | | (e) Board members shall receive no compensation for their services, but shall be reimbursed |
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285 | 283 | | 243 |
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286 | 284 | | for actual expenses incurred in the performance of their duties. They shall elect one of their244 |
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287 | 285 | | number as chairperson and another as vice chairperson. They shall also elect a secretary and245 |
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288 | 286 | | a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the246 |
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289 | 287 | | board or an elector.247 |
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290 | 288 | | (f) If the boundaries of a district are subsequently changed after creation of the district to248 |
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291 | 289 | | include land within a municipality which was not a party to the creation of the district, or if249 |
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292 | 290 | | a municipality's boundaries are changed to include land within an existing district, the250 |
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293 | 291 | | governing authority of the municipality shall acquire the right to appoint a member to the251 |
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294 | 292 | | board of the district upon entering into the cooperation agreement provided for in Section 9252 |
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295 | 293 | | hereof. If the boundaries of a district or municipality are subsequently changed after creation253 |
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296 | 294 | | of a district to include land within the unincorporated area of Gwinnett County and the254 |
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297 | 295 | | district originally had no land within the unincorporated area of Gwinnett County, the Board255 |
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298 | 296 | | of Commissioners of Gwinnett County shall acquire the right to appoint a member to the256 |
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299 | 297 | | board of the district upon entering into the cooperation agreement provided for in Section 9257 |
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300 | 298 | | hereof. If, by municipal annexation or by deannexation of land from a district, the district258 |
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301 | 299 | | no longer includes land within the unincorporated area of Gwinnett County or within a259 |
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302 | 300 | | municipality, respectively, then the board member of the district appointed by such260 |
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303 | 301 | | governing authority in which the district is no longer located shall cease to be a board261 |
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304 | 302 | | member.262 |
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305 | 303 | | (g) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to263 |
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306 | 304 | | the election of district board members. The district board may adopt such bylaws not264 |
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307 | 305 | | inconsistent herewith to provide for any matter concerning such elections.265 |
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308 | 306 | | H. B. 1414 |
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310 | 308 | | SECTION 6. |
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311 | 309 | | 266 |
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312 | 310 | | Taxes, fees, and assessments.267 |
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313 | 311 | | (a) The board may levy taxes, fees, and assessments within the district only on real property268 |
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314 | 312 | | used nonresidentially, specifically excluding all property exempt from ad valorem taxation269 |
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315 | 313 | | under the Constitution or laws of the State of Georgia, all property used for residential,270 |
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316 | 314 | | agricultural, or forestry purposes, and all tangible personal property and intangible property.271 |
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317 | 315 | | Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed272 |
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318 | 316 | | value of all such real property. The taxes, fees, and assessments levied by the board shall be273 |
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319 | 317 | | equitably apportioned among the properties subject to such taxes, fees, and assessments274 |
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320 | 318 | | according to the need for governmental services and facilities created by the degree of275 |
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321 | 319 | | density of development of each such property. The proceeds of taxes, fees, and assessments276 |
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322 | 320 | | levied by the board shall be used only for the purpose of providing governmental services277 |
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323 | 321 | | and facilities which are specially required by the degree of density of development within the278 |
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324 | 322 | | district and not for the purpose of providing those governmental services and facilities279 |
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325 | 323 | | provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be280 |
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326 | 324 | | collected by either the Gwinnett County tax commissioner or the City of Peachtree Corners281 |
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327 | 325 | | in the same manner as taxes, fees, and assessments are levied by either Gwinnett County or282 |
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328 | 326 | | the City of Peachtree Corners. Delinquent taxes shall bear the same interest and penalties283 |
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329 | 327 | | as either Gwinnett County or the City of Peachtree Corners ad valorem taxes and may be284 |
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330 | 328 | | enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so285 |
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331 | 329 | | levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than286 |
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332 | 330 | | $25,000.00 in any one calendar year, shall be transmitted by either the Gwinnett County tax287 |
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333 | 331 | | commissioner or the City of Peachtree Corners to the board and shall be expended by the288 |
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334 | 332 | | board only for the purposes authorized hereby.289 |
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335 | 333 | | (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent290 |
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336 | 334 | | to the report of the assessed taxable values for the current calendar year and notify in writing291 |
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337 | 335 | | H. B. 1414 |
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339 | 337 | | the collecting governing bodies so they may include the levy on their regular ad valorem tax |
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340 | 338 | | 292 |
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341 | 339 | | bills, if possible.293 |
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342 | 340 | | (c) If, but for this provision, a parcel of real property is removed from a district or otherwise294 |
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343 | 341 | | would become nontaxable, it shall continue to bear its tax millage then extant upon such295 |
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344 | 342 | | event for bonded indebtedness of the district then outstanding until said bonded indebtedness296 |
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345 | 343 | | then outstanding is paid or refunded.297 |
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346 | 344 | | SECTION 7.298 |
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347 | 345 | | Boundaries of the districts.299 |
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348 | 346 | | (a) The boundaries of each district shall be as designated as such by the City of Peachtree300 |
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349 | 347 | | Corners as set forth in the resolutions required in Section 4 hereof, or as may thereafter be301 |
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350 | 348 | | added as hereinafter provided.302 |
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351 | 349 | | (b) The boundaries of a district may be increased after the initial creation of a district303 |
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352 | 350 | | pursuant to the following:304 |
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353 | 351 | | (1) Written consent of a majority of the owners of real property within the area sought to305 |
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354 | 352 | | be annexed and which will be subject to taxes, fees, and assessments levied by the board306 |
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355 | 353 | | of the district;307 |
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356 | 354 | | (2) Written consent of owners of real property within the area sought to be annexed which308 |
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357 | 355 | | constitutes at least 75 percent by value of the property which will be subject to taxes, fees,309 |
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358 | 356 | | and assessments levied by the board. For this purpose, value shall be determined by the310 |
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359 | 357 | | most recent approved county ad valorem tax digest;311 |
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360 | 358 | | (3) The adoption of a resolution consenting to the annexation by the board of the district;312 |
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361 | 359 | | and313 |
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362 | 360 | | (4) The adoption of a resolution consenting to the annexation by the governing authorities314 |
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363 | 361 | | of Gwinnett County, if any portion of the district is or is to be in the unincorporated area315 |
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364 | 362 | | H. B. 1414 |
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366 | 364 | | of Gwinnett County, and such municipalities as may have area within the district before |
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367 | 365 | | 316 |
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368 | 366 | | or after the annexation.317 |
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369 | 367 | | (c) The boundaries of a district may also be increased after the initial creation of a district318 |
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370 | 368 | | if:319 |
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371 | 369 | | (1) Written consent of the owners of any real property sought to be annexed and which320 |
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372 | 370 | | will not be subject to taxes, fees, and assessments levied by the board of the district is first321 |
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373 | 371 | | obtained;322 |
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374 | 372 | | (2) The board of the district adopts a resolution consenting to the annexation; and323 |
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375 | 373 | | (3) A resolution is adopted which grants consent to the annexation by the governing324 |
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376 | 374 | | authorities of Gwinnett County, if any portion of the district is in the unincorporated area325 |
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377 | 375 | | of Gwinnett County, and such municipalities as may have area within the district before326 |
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378 | 376 | | or after the annexation.327 |
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379 | 377 | | (d) Property which is not subject to taxes, fees, and assessments levied by the board of the328 |
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380 | 378 | | district and which is adjacent to, contiguous to, or abutting property within the district may329 |
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381 | 379 | | be annexed by:330 |
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382 | 380 | | (1) The adoption of a resolution approving the annexation by the board of the district; and331 |
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383 | 381 | | (2) The adoption of a resolution granting consent to the annexation by the governing332 |
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384 | 382 | | authorities of Gwinnett County, if any portion of the district is in the unincorporated area333 |
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385 | 383 | | of Gwinnett County, and such municipalities as may have area within the district before334 |
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386 | 384 | | or after the annexation.335 |
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387 | 385 | | SECTION 8.336 |
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388 | 386 | | Debt.337 |
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389 | 387 | | Except as otherwise provided in this section, each district may incur debt without regard to338 |
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390 | 388 | | the requirements of Article IX, Section V of the Constitution of Georgia, or any other339 |
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391 | 389 | | provision of law, prohibiting or restricting the borrowing of money or the creation of debt340 |
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392 | 390 | | H. B. 1414 |
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394 | 392 | | by political subdivisions of the State of Georgia, which debt shall be backed by the full faith |
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395 | 393 | | 341 |
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396 | 394 | | and credit and taxing power of the district but shall not be an obligation of the State of342 |
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397 | 395 | | Georgia or any other unit of government of the State of Georgia other than the district,343 |
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398 | 396 | | provided, however, that the board and the district may not issue bonds validated under or in344 |
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399 | 397 | | accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue345 |
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400 | 398 | | Bond Law," or in accordance with such other successor provisions governing bond validation346 |
---|
401 | 399 | | generally or as may be provided by law. 347 |
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402 | 400 | | SECTION 9.348 |
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403 | 401 | | Cooperation with local governments.349 |
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404 | 402 | | The services and facilities provided pursuant hereto shall be provided for in a cooperation350 |
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405 | 403 | | agreement executed jointly by the board, the governing body of the City of Peachtree351 |
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406 | 404 | | Corners, and any other governmental authorities or agencies within which the district is352 |
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407 | 405 | | partially located. The provisions of this section shall in no way limit the authority of the City353 |
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408 | 406 | | of Peachtree Corners or any such governmental authority or agency to provide services or354 |
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409 | 407 | | facilities within the district; and the City of Peachtree Corners or such governmental355 |
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410 | 408 | | authorities or agencies shall retain full and complete authority and control over any of its356 |
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411 | 409 | | facilities located within its respective areas of any district. Said control shall include but not357 |
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412 | 410 | | be limited to the modification of, access to, and degree and type of services provided through358 |
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413 | 411 | | or by facilities of the City of Peachtree Corners or any other governmental authorities or359 |
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414 | 412 | | agencies within the district. Nothing contained in this section shall be construed to limit or360 |
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415 | 413 | | preempt the application of any governmental laws, ordinances, resolutions, or regulations to361 |
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416 | 414 | | the district or the services or facilities provided therein. Any community improvement362 |
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417 | 415 | | district created pursuant to this Act shall indemnify and hold harmless the State of Georgia,363 |
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418 | 416 | | Gwinnett County, the City of Peachtree Corners, or any other county or municipality located364 |
---|
419 | 417 | | wholly or partially within such community improvement district, and any other unit of365 |
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420 | 418 | | H. B. 1414 |
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422 | 420 | | government of the State of Georgia other than such community improvement district from |
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423 | 421 | | 366 |
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424 | 422 | | any claim or cause of action asserted against, or which is capable of assertion against, such367 |
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425 | 423 | | community improvement district arising from the acts or omissions of the community368 |
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426 | 424 | | improvement district. Neither the State of Georgia, Gwinnett County, the City of Peachtree369 |
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427 | 425 | | Corners, or any other county or municipality located wholly or partially within such district,370 |
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428 | 426 | | nor any other unit of government of the State of Georgia other than the district shall be371 |
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429 | 427 | | responsible or liable for payment of any sum arising from a claim or cause of action asserted,372 |
---|
430 | 428 | | or which might have been asserted, against such community improvement district arising373 |
---|
431 | 429 | | from the acts or omissions of the community improvement district.374 |
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432 | 430 | | SECTION 10.375 |
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433 | 431 | | Powers.376 |
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434 | 432 | | (a) Each district and its board created pursuant hereto shall have all of the powers necessary377 |
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435 | 433 | | or convenient to carry out and effectuate the purposes and provisions hereof, including,378 |
---|
436 | 434 | | without limiting the generality of the foregoing, the power:379 |
---|
437 | 435 | | (1) To bring and defend actions;380 |
---|
438 | 436 | | (2) To adopt and amend a corporate seal;381 |
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439 | 437 | | (3) To make and execute contracts, agreements, and other instruments necessary or382 |
---|
440 | 438 | | convenient to exercise the powers of the board or to further the public purposes for which383 |
---|
441 | 439 | | the district is created, including, but not limited to, contracts for construction of projects,384 |
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442 | 440 | | leases of projects, contracts for sale of projects, agreements for loans to finance projects,385 |
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443 | 441 | | contracts with respect to the use of projects, and agreements with other jurisdictions or386 |
---|
444 | 442 | | community improvement districts regarding multi-jurisdictional projects or services or for387 |
---|
445 | 443 | | other cooperative endeavors to further the public purposes of the district;388 |
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446 | 444 | | H. B. 1414 |
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448 | 446 | | (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and |
---|
449 | 447 | | 389 |
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450 | 448 | | personal property of every kind and character, or any interest therein, in furtherance of the390 |
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451 | 449 | | public purposes of the district;391 |
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452 | 450 | | (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase,392 |
---|
453 | 451 | | acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve,393 |
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454 | 452 | | install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any394 |
---|
455 | 453 | | project from the proceeds of the district or any other funds of the district, or from any395 |
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456 | 454 | | contributions or loans by persons, corporations, partnerships (whether limited or general),396 |
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457 | 455 | | or other entities, all of which the board is authorized to receive, accept, and use;397 |
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458 | 456 | | (6) To borrow money to further or carry out its public purposes and to execute bonds,398 |
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459 | 457 | | notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale399 |
---|
460 | 458 | | of its notes, or other obligations, loan agreements, security agreements, assignments, and400 |
---|
461 | 459 | | such other agreements or instruments as may be necessary or desirable, in the judgment of401 |
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462 | 460 | | the board, to evidence and to provide security for such borrowing;402 |
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463 | 461 | | (7) Issue notes or other obligations of the district and use the proceeds thereof for the403 |
---|
464 | 462 | | purpose of paying all or any part of the cost of any project and otherwise to further or carry404 |
---|
465 | 463 | | out the public purposes of the district and to pay all reasonably incurred costs of the board405 |
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466 | 464 | | incidental to, or necessary and appropriate to, furthering or carrying out such purposes;406 |
---|
467 | 465 | | provided, however, that the board and the district may not issue bonds validated under or407 |
---|
468 | 466 | | in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the408 |
---|
469 | 467 | | "Revenue Bond Law," or in accordance with such other successor provisions governing409 |
---|
470 | 468 | | bond validation generally or as my be provided by law;410 |
---|
471 | 469 | | (8) To make application directly or indirectly to any federal, state, county, or municipal411 |
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472 | 470 | | government or agency or to any other source, whether public or private, for loans, grants,412 |
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473 | 471 | | guarantees, or other financial assistance in furtherance of the district's public purposes and413 |
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474 | 472 | | to accept and use the same upon such terms and conditions as are prescribed by such414 |
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475 | 473 | | federal, state, county, or municipal government or agency or other source;415 |
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476 | 474 | | H. B. 1414 |
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478 | 476 | | (9) To enter into agreements with the federal government or any agency thereof to use the |
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479 | 477 | | 416 |
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480 | 478 | | facilities or services of the federal government or any agency thereof in order to further or417 |
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481 | 479 | | carry out the public purposes of the district;418 |
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482 | 480 | | (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state419 |
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483 | 481 | | institutions, or any municipal corporation, county, or political subdivision of this state for420 |
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484 | 482 | | the use by the district of any facilities or services of the state or any such state institution,421 |
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485 | 483 | | municipal corporation, county, or political subdivision of this state, or for the use by any422 |
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486 | 484 | | state institution or any municipal corporation, county, or political subdivision of the state423 |
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487 | 485 | | of any facilities or services of the district, provided that such contracts shall deal with such424 |
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488 | 486 | | activities and transactions as the district and any such political subdivision with which the425 |
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489 | 487 | | district contracts are authorized by law to undertake;426 |
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490 | 488 | | (11) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees427 |
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491 | 489 | | or assessments to be received as security for its notes, or other indebtedness and428 |
---|
492 | 490 | | obligations;429 |
---|
493 | 491 | | (12) To receive and use the proceeds of any tax levied by any county or any municipal430 |
---|
494 | 492 | | corporation to pay the costs of any project or for any other purpose for which the board431 |
---|
495 | 493 | | may use its own funds pursuant hereto;432 |
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496 | 494 | | (13) To receive and administer gifts, grants, and devises of money and property of any433 |
---|
497 | 495 | | kind and to administer trusts;434 |
---|
498 | 496 | | (14) To use any real property, personal property, or fixtures or any interest therein or to435 |
---|
499 | 497 | | rent or lease such property to or from others or make contracts with respect to the use436 |
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500 | 498 | | thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant437 |
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501 | 499 | | options for any such property in any manner as it deems to be the best advantage of the438 |
---|
502 | 500 | | district and the public purposes thereof;439 |
---|
503 | 501 | | (15) To appoint, select, and employ engineers, surveyors, architects, urban or city440 |
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504 | 502 | | planners, fiscal agents, attorneys, and others and to fix their compensation and pay their441 |
---|
505 | 503 | | expenses;442 |
---|
506 | 504 | | H. B. 1414 |
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508 | 506 | | (16) To encourage and promote the improvement and development of the district and to |
---|
509 | 507 | | 443 |
---|
510 | 508 | | make, contract for, or otherwise cause to be made long-range plans or proposals for the444 |
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511 | 509 | | district in cooperation with the City of Peachtree Corners and any county or municipal445 |
---|
512 | 510 | | corporations in which the district is wholly or partially located;446 |
---|
513 | 511 | | (17) To invest its funds, whether derived from the issuance of its bonds or otherwise, in447 |
---|
514 | 512 | | such manner as it may deem prudent and appropriate, without further restriction;448 |
---|
515 | 513 | | (18) To adopt bylaws governing the conduct of business by the board, the election and449 |
---|
516 | 514 | | duties of officers of the board, and other matters which the board determines to deal within450 |
---|
517 | 515 | | its bylaws;451 |
---|
518 | 516 | | (19) To exercise any power granted by the laws of this state to public or private452 |
---|
519 | 517 | | corporations which is not in conflict with the public purposes of the district;453 |
---|
520 | 518 | | (20) To create, provide, enhance, or supplement public services such as fire, police, and454 |
---|
521 | 519 | | other such services as may be deemed necessary, provided that said public services do not455 |
---|
522 | 520 | | conflict with or duplicate the existing City of Peachtree Corners, county or other municipal456 |
---|
523 | 521 | | corporation services; and457 |
---|
524 | 522 | | (21) To do all things necessary or convenient to carry out the powers conferred hereby.458 |
---|
525 | 523 | | (b) The powers enumerated in each paragraph of subsection (a) of this section are459 |
---|
526 | 524 | | cumulative of and in addition to those powers enumerated herein and elsewhere in this Act460 |
---|
527 | 525 | | and no such power limits or restricts any other power of the board.461 |
---|
528 | 526 | | SECTION 11.462 |
---|
529 | 527 | | Construction, notice, proceeding, publication, referendum.463 |
---|
530 | 528 | | This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding,464 |
---|
531 | 529 | | or publication except those required hereby shall be necessary to the performance of any act465 |
---|
532 | 530 | | authorized hereby, nor shall any such act be subject to referendum.466 |
---|
533 | 531 | | H. B. 1414 |
---|
535 | 533 | | SECTION 12. |
---|
536 | 534 | | 467 |
---|
537 | 535 | | Applicability of Chapter 5 of Title 10 of the O.C.G.A.,468 |
---|
538 | 536 | | the "Georgia Uniform Securities Act of 2008."469 |
---|
539 | 537 | | The offer, sale, or issuance of notes or other obligations by the district shall not be subject470 |
---|
540 | 538 | | to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities471 |
---|
541 | 539 | | Act of 2008."472 |
---|
542 | 540 | | SECTION 13.473 |
---|
543 | 541 | | Dissolution.474 |
---|
544 | 542 | | (a) Any district activated under the provisions of this Act may be dissolved. The conditions475 |
---|
545 | 543 | | for such dissolution shall be:476 |
---|
546 | 544 | | (1) The adoption of a resolution approving of the dissolution of each community477 |
---|
547 | 545 | | improvement district by the City of Peachtree Corners and any such county or478 |
---|
548 | 546 | | municipalities within which the district may be located if partially within the479 |
---|
549 | 547 | | unincorporated area of a county and partially within one or more municipalities; and480 |
---|
550 | 548 | | (2) The written consent to the dissolution of the community improvement district by:481 |
---|
551 | 549 | | (A) Two-thirds, 67 percent, of the owners of real property within the district which are482 |
---|
552 | 550 | | subject to taxes, fees, and assessments levied by the board of the district; and483 |
---|
553 | 551 | | (B) The owners of real property constituting at least 75 percent by value of all real484 |
---|
554 | 552 | | property within the district which are subject to taxes, fees, and assessments levied by the485 |
---|
555 | 553 | | board. For this purpose, value shall be determined by the most recent approved county486 |
---|
556 | 554 | | ad valorem tax digest.487 |
---|
557 | 555 | | The written consent provided for in this paragraph shall be submitted to the Gwinnett488 |
---|
558 | 556 | | County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this489 |
---|
559 | 557 | | paragraph have been satisfied with respect to each proposed district dissolution.490 |
---|
560 | 558 | | H. B. 1414 |
---|
562 | 560 | | (c) In the event that successful action is taken pursuant to this section to dissolve the district, |
---|
563 | 561 | | 491 |
---|
564 | 562 | | the dissolution shall become effective at such time as all debt obligations of the district have492 |
---|
565 | 563 | | been satisfied. Following a successful dissolution action and until the dissolution becomes493 |
---|
566 | 564 | | effective, no new projects may be undertaken, obligations or debts incurred, or property494 |
---|
567 | 565 | | acquired.495 |
---|
568 | 566 | | (d) Upon a successful dissolution action, all noncash assets of the district other than public496 |
---|
569 | 567 | | facilities or land or easements to be used for such public facilities, as described in Section 2497 |
---|
570 | 568 | | of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied498 |
---|
571 | 569 | | to the repayment of any debt obligation of the district. Any cash remaining after all499 |
---|
572 | 570 | | outstanding obligations are satisfied shall be refunded to each property owner in direct500 |
---|
573 | 571 | | proportion to the total amount in taxes, fees, or assessments paid by the property owner501 |
---|
574 | 572 | | relative to the total revenues paid by all properties in the district.502 |
---|
575 | 573 | | (e) When a dissolution becomes effective, the municipal governing authority, or the503 |
---|
576 | 574 | | governing authority of a county or municipality if wholly within the incorporated area504 |
---|
577 | 575 | | thereof, shall take title to all property previously in the ownership of the district and all taxes,505 |
---|
578 | 576 | | fees, and assessments of the district shall cease to be levied and collected.506 |
---|
579 | 577 | | (f) A district may be reactivated in the same manner as an original activation.507 |
---|
580 | 578 | | SECTION 14.508 |
---|
581 | 579 | | Repealer.509 |
---|
582 | 580 | | All laws and parts of laws in conflict with this Act are repealed.510 |
---|
583 | 581 | | H. B. 1414 |
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584 | 582 | | - 21 - |
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