24 LC 47 2895/AP
House Bill 1414 (AS PASSED HOUSE AND SENATE)
By: Representatives Hilton of the 48
th
, Romman of the 97
th
, and Marin of the 96
th
A BILL TO BE ENTITLED
AN ACT
To provide for the creation of one or more community improvement districts to be wholly
1
located within the City of Peachtree Corners; to provide for a short title; to provide for the2
purposes of said districts; to provide for definitions; to provide for boards to administer said3
districts; to provide for the appointment and election of members of said boards; to provide4
for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for5
debt of said districts other than bonded indebtedness; to provide for cooperation with local6
governments; to provide for powers of said boards; to provide for construction; to provide7
that no notice, proceeding, publication, or referendum shall be required; to provide for8
dissolutions; to provide the procedures connected with all of the foregoing; to provide for9
related matters; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Short title.13
This Act shall be known and may be cited as the "City of Peachtree Corners Community14
Improvement Districts Act."15
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SECTION 2.
16
Purpose.17
The purpose of this Act shall be to provide for the creation of one or more community18
improvement districts within the City of Peachtree Corners, and such district or districts may19
be created for the provision of some or all of the following governmental services and20
facilities as provided and authorized by Article IX, Section VII of the Constitution of the21
State of Georgia and the resolution activating each district created hereby, or as may be22
adopted by resolutions of the majority of the electors and the majority of the equity electors23
present and voting at a meeting of electors and equity electors. A quorum shall consist of24
those electors and equity electors present. No proxy votes may be cast. Notice of said25
meeting shall be given to said electors and equity electors by publishing notice thereof in the26
legal organ of Gwinnett County at least once each week for four weeks prior to such meeting.27
Such governmental services and facilities include, but are not limited to:28
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights,29
and devices to control the flow of traffic on streets and roads in connection therewith;30
(2) Parks and recreational areas and facilities and services;31
(3) Storm water and sewage collection and disposal systems;32
(4) Public transportation, including, but not limited to, services intended to reduce the33
volume of automobile traffic, to transport two or more persons in conveyances, to improve34
air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic35
management association or similar entity and services;36
(5) Terminal and dock facilities and parking facilities and services; and37
(6) Such other services and facilities as may be provided for by general law or as the38
Georgia Constitution may authorize or provide now or hereafter.39
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SECTION 3.
40
Definitions.41
As used in this Act, the term:42
(1) "Agricultural" means the growing of crops for sale or the raising of animals for sale43
or use, including the growing of field crops, fruit or nut trees, the raising of livestock or44
poultry, and the operation of dairies, horse boarding facilities, and riding stables.45
(2) "Board" means the governing body created for the governance of each community46
improvement district herein authorized.47
(3) "Caucus of electors" means for each district the meeting of electors hereinafter48
provided for at which the elected board members of the district are elected. A quorum at49
such caucus shall consist of those electors present, and a majority of those present and50
voting is necessary to elect board members. No proxy votes may be cast.51
(4) "Cost of the project" or "cost of any project" means and includes:52
(A) All costs of acquisition (by purchase or otherwise), construction, assembly,53
installation, modification, renovation, or rehabilitation incurred in connection with any54
project or any part of any project;55
(B) All costs of real property, fixtures, or personal property used in or in connection with56
or necessary for any project or for any facilities related thereto, including, but not limited57
to, the cost of all land, estates for years, easements, rights, improvements, water rights,58
connections for utility services, fees, franchises, permits, approvals, licenses, and59
certificates; the cost of securing any such franchises, permits, approvals, licenses, or60
certificates; the cost of preparation of any application therefor; and the cost of all fixtures,61
machinery, equipment (including all transportation equipment and rolling stock),62
furniture, and other property used in or in connection with or necessary for any project;63
(C) All financing charges and loan fees and all interest on notes or other obligations of64
a district which accrue or are paid prior to and during the period of construction of a65
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project and during such additional period as the board may reasonably determine to be
66
necessary to place such project in operation;67
(D) All costs of engineering, surveying, architectural, and legal services and all expenses68
incurred by engineers, surveyors, architects, and attorneys in connection with any project;69
(E) All expenses for inspection of any project;70
(F) All expenses of or incidental to determining the feasibility or practicability of any71
project;72
(G) All costs of plans and specifications for any project;73
(H) All costs of title insurance and examinations of title with respect to any project;74
(I) Repayment of any loans made for the advance payment of any part of the foregoing75
costs, including interest thereon and any other expenses of such loans; and76
(J) Administrative expenses of the board and such other expenses as may be necessary77
for or incidental to any project or the financing thereof or the placing of any project in78
operation.79
Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part80
of the cost of the project and may be paid or reimbursed as such out of the proceeds of81
notes or other obligations issued by the district.82
(5) "District" means the geographical area designated as such by the resolution of the83
governing body or bodies consenting to the creation of the community improvement84
district or as thereafter modified by any subsequent resolution of the governing body or85
bodies within which the district is or is to be located, or a body corporate and politic being86
a community improvement district created and activated pursuant hereto, as the context87
requires or permits.88
(6) "Electors" means the owners of real property within the district which is subject to89
taxes, fees, and assessments levied by the board, as they appear on the most recent ad90
valorem real property tax return records of Gwinnett County, or one officer or director of91
a corporate elector, one trustee of a trust which is an elector, one partner of a partnership92
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elector, or one designated representative of an elector whose designation is made in
93
writing. An owner of property that is subject to taxes, fees, or assessments levied by the94
board shall have one vote for an election based on numerical majority. An owner of95
multiple parcels has one vote, not one vote per parcel, for an election based on numerical96
majority. Multiple owners of one parcel have one vote for an election based on numerical97
majority which must be cast by one of their number who is designated in writing.98
(7) "Equitably apportioned among the properties subject to such taxes, fees, and99
assessments according to the need for governmental services and facilities created by the100
degree of density of development of each such property," with reference to taxes, fees, and101
assessments levied by the board, means that the burden of the taxes, fees, and assessments102
shall be apportioned among the properties subject thereto based upon the values established103
in the most recent ad valorem tax reassessment of such properties certified by the chairman104
of the Gwinnett County Board of Tax Assessors, or may be apportioned among the105
properties subject thereto in direct or approximate proportion to the receipt of services or106
benefits derived from the improvements or other activities for which the taxes, fees, or107
assessments are to be expended, or may be apportioned in any other manner or combination108
of manners deemed equitable by the board, including, but not limited to, the recognition109
of differential benefits which may reasonably be expected to accrue to new land110
development in contrast to lands and improvements already in existence at the time of111
creation of the community improvement district.112
(8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all113
owned real property within the district which is then subject to taxes, fees, and assessments114
levied by the board. Value of real property shall be the assessed value.115
(9) "Forestry" means the planting and growing of trees for sale in a program which116
includes reforestation of harvested trees, regular underbrush and undesirable growth117
clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active118
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tree-farming operation. It does not include the casual growing of trees on land otherwise
119
idle or held for investment, even though some harvesting of trees may occur thereon.120
(10) "Hereby," "herein," "hereinunder," and "herewith" mean under this Act.121
(11) "Project" means the acquisition, construction, installation, modification, renovation,122
or rehabilitation of land, interests in land, buildings, structures, facilities, or other123
improvements, including operation of facilities or other improvements, located or to be124
located within or otherwise providing service to the district and the acquisition, installation,125
modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment,126
furniture, or other property of any nature whatsoever used on, in, or in connection with any127
such land, interest in land, building, structure, facility, or other improvement; the creation,128
provision, enhancement, or supplementing of public services (such as fire, police, and other129
services), provided that same do not conflict with or duplicate existing public services; and130
all for the essential public purposes set forth in Section 2 of this Act.131
(12) "Property owner" or "owner of real property" means any entity or person shown as132
a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records133
of Gwinnett County within the district as certified by the Gwinnett County Tax134
Commissioner.135
(13) "Property used nonresidentially" means property or any portion thereof used for136
neighborhood shopping, planned shopping center, general commercial, transient lodging137
facilities, tourist services, office or institutional, office services, light industry, heavy138
industry, central business district, parking, or other commercial or business use or vacant139
land zoned or approved for any of the aforementioned uses which do not include140
residential.141
(14) "Residential" means a specific work or improvement undertaken primarily to provide142
single-family or multifamily dwelling accommodations for persons and families and such143
community facilities as may be incidental or appurtenant thereto.144
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(15) "Taxpayer" means an entity or person paying ad valorem taxes on real property,
145
whether on one or more parcels of property within the district. Multiple owners of one146
parcel shall constitute one taxpayer and shall designate in writing one of their number to147
represent the whole.148
(16) "Value" or "assessed value" of property means the values established in the most149
recent ad valorem tax reassessment of such properties certified by the chairperson of the150
Gwinnett County Board of Tax Assessors.151
SECTION 4.152
Creation.153
(a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is154
created one or more community improvement districts to be located in the City of Peachtree155
Corners, Georgia, either wholly within the incorporated area thereof, or partly within the156
unincorporated area of a county, or one or more municipalities thereof, each of which shall157
be activated upon compliance with the conditions set forth in this section. Each district shall158
be governed by a board constituted by this Act. The conditions for such activation shall be:159
(1) The adoption of a resolution consenting to the creation of the community improvement160
district or districts by the governing authority for the City of Peachtree Corners and161
imposing such conditions on the projects and activities which may be undertaken as will162
ensure their compatibility with adopted city policies and planning for the area; and 163
(2) The written consent to the creation of the community improvement district by:164
(A) A majority of the owners of real property within the district which will be subject165
to taxes, fees, and assessments levied by the board of the district; and166
(B) The owners of real property within the district which constitutes at least 75 percent167
by value of all real property within the district which will be subject to taxes, fees, and168
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assessments levied by the board. For this purpose, value shall be determined by the most
169
recent approved county ad valorem tax digest.170
The written consent provided for in this paragraph shall be submitted to the Gwinnett171
County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this172
paragraph have been satisfied with respect to each such proposed district.173
(b) No district or board created under this Act shall transact any business or exercise any174
powers under this Act until the foregoing conditions are met. A copy of such resolutions175
shall be filed with the Secretary of State and with the city clerk of the City of Peachtree176
Corners, who shall each maintain a record of all districts activated under this Act. 177
(c) Nothing contained herein shall limit:178
(1) The ability of the governing authority of the City of Peachtree Corners to implement179
more than one community improvement district; or180
(2) Any district created pursuant to this act from being expanded into the unincorporated181
area of the county, or into one or more other municipalities;182
so long as the requirements of this Act and of the Georgia Constitution are satisfied.183
(d) The provisions of this Act shall be construed so as to provide for the independent184
application and exercise of all powers for each district contained herein including the ability185
to levy taxes as outlined herein as separately and independently authorizing and empowering186
such separate community improvement districts created hereby. Nothing contained herein187
shall require the governing authority of the City of Peachtree Corners to create more than one188
community improvement district, or to require the creation of a new district if the district189
boundaries of an existing district are changed, added to, supplemented, or modified. 190
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SECTION 5.
191
Administration, appointment, and election of board members.192
(a)(1) Each district created pursuant hereto shall be administered either by the governing193
authority or by a board as prescribed under this Act. In the event that a district is to be194
governed by such a board, the board shall be composed of a minimum of seven board195
members to be appointed and elected as hereinafter provided:196
(2) Three board members shall be appointed by the governing authority of the City of197
Peachtree Corners, one of whom shall be a member of the City Council, to serve in Posts 5,198
6, and 7. Two board members shall be elected by the vote of electors, and two members199
shall be elected by the vote of equity electors. The board shall be seven in number. The200
members representing the electors and equity electors shall be elected to serve in post201
positions 1 through 4, respectively. Each elected board member must receive a majority202
of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2203
shall be cast by electors and votes for Posts 3 and 4 shall be cast by equity electors. The204
initial term of office for the members representing Posts 1 and 3 shall be two years. The205
initial term of office for the members representing Posts 2 and 4 shall be three years.206
Thereafter, all terms of office shall be for three years, except the appointed board members207
who serve at the pleasure of the governing body which appointed them.208
(b) The initial board members to be elected as provided above shall be elected in a caucus209
of electors which shall be held within 90 days after the adoption of the resolution by the City210
of Peachtree Corners consenting to the creation of the district, and obtaining the written211
consents herein provided at such time and place within the district as the City of Peachtree212
Corners shall designate after notice thereof shall have been given to said electors by213
publishing same in the legal organ of Gwinnett County as hereinafter provided. Thereafter,214
there shall be conducted, not later than 90 days following the last day for filing ad valorem215
real property tax returns in Gwinnett County, a caucus of said electors at such time and place216
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within the district as the board shall designate in such notice for the purpose of electing board
217
members to those board member positions whose terms expire or are vacant. If a vacancy218
occurs in an elected position on the board, the board shall, within 60 days thereof, call a219
special election to fill the same to be held within 60 days of the call unless such vacancy220
occurs within 180 days of the next regularly scheduled election, in which case a special221
election may, but need not, be called. For any election held hereunder, notice thereof shall222
be given to said electors by publishing notice thereof in the legal organ of Gwinnett County223
at least once each week for four weeks prior to such election.224
(c) Board members shall be subject to recall as follows:225
(1) By election, called by a resolution of the city council for the City of Peachtree Corners;226
(2) By election, called by a resolution of the administrative board of the district;227
(3) By election, called by a petition of 20 percent of the electors or a petition by holders228
of 20 percent of eligible votes represented by equity electors;229
(4) Upon petition of either a majority of the electors within the district or a majority of the230
equity electors within the district, provided that, if the petition is for recall of an elected231
board member, the petition shall be from the category of voters who elected the board232
member; or233
(5) Upon the termination of an agreement of cooperation. Termination is in the event such234
agreement of cooperation shall lapse (including failure to reenact by the following235
December 31 after an existing agreement of cooperation shall expire on its own terms) or236
an affirmative resolution of rejection of an agreement or reenactment of an agreement of237
cooperation by any one of the necessary parties so that no agreement of cooperation is in238
force.239
(d) Board members, including appointed board members, shall be electors within the district.240
If a board member ceases to be an elector, such board member's position shall be declared241
vacant as of the date of the event terminating such status.242
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(e) Board members shall receive no compensation for their services, but shall be reimbursed
243
for actual expenses incurred in the performance of their duties. They shall elect one of their244
number as chairperson and another as vice chairperson. They shall also elect a secretary and245
a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the246
board or an elector.247
(f) If the boundaries of a district are subsequently changed after creation of the district to248
include land within a municipality which was not a party to the creation of the district, or if249
a municipality's boundaries are changed to include land within an existing district, the250
governing authority of the municipality shall acquire the right to appoint a member to the251
board of the district upon entering into the cooperation agreement provided for in Section 9252
hereof. If the boundaries of a district or municipality are subsequently changed after creation253
of a district to include land within the unincorporated area of Gwinnett County and the254
district originally had no land within the unincorporated area of Gwinnett County, the Board255
of Commissioners of Gwinnett County shall acquire the right to appoint a member to the256
board of the district upon entering into the cooperation agreement provided for in Section 9257
hereof. If, by municipal annexation or by deannexation of land from a district, the district258
no longer includes land within the unincorporated area of Gwinnett County or within a259
municipality, respectively, then the board member of the district appointed by such260
governing authority in which the district is no longer located shall cease to be a board261
member.262
(g) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to263
the election of district board members. The district board may adopt such bylaws not264
inconsistent herewith to provide for any matter concerning such elections.265
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SECTION 6.
266
Taxes, fees, and assessments.267
(a) The board may levy taxes, fees, and assessments within the district only on real property268
used nonresidentially, specifically excluding all property exempt from ad valorem taxation269
under the Constitution or laws of the State of Georgia, all property used for residential,270
agricultural, or forestry purposes, and all tangible personal property and intangible property.271
Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed272
value of all such real property. The taxes, fees, and assessments levied by the board shall be273
equitably apportioned among the properties subject to such taxes, fees, and assessments274
according to the need for governmental services and facilities created by the degree of275
density of development of each such property. The proceeds of taxes, fees, and assessments276
levied by the board shall be used only for the purpose of providing governmental services277
and facilities which are specially required by the degree of density of development within the278
district and not for the purpose of providing those governmental services and facilities279
provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be280
collected by either the Gwinnett County tax commissioner or the City of Peachtree Corners281
in the same manner as taxes, fees, and assessments are levied by either Gwinnett County or282
the City of Peachtree Corners. Delinquent taxes shall bear the same interest and penalties283
as either Gwinnett County or the City of Peachtree Corners ad valorem taxes and may be284
enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so285
levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than286
$25,000.00 in any one calendar year, shall be transmitted by either the Gwinnett County tax287
commissioner or the City of Peachtree Corners to the board and shall be expended by the288
board only for the purposes authorized hereby.289
(b) The board shall levy the taxes provided for in subsection (a) of this section subsequent290
to the report of the assessed taxable values for the current calendar year and notify in writing291
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the collecting governing bodies so they may include the levy on their regular ad valorem tax
292
bills, if possible.293
(c) If, but for this provision, a parcel of real property is removed from a district or otherwise294
would become nontaxable, it shall continue to bear its tax millage then extant upon such295
event for bonded indebtedness of the district then outstanding until said bonded indebtedness296
then outstanding is paid or refunded.297
SECTION 7.298
Boundaries of the districts.299
(a) The boundaries of each district shall be as designated as such by the City of Peachtree300
Corners as set forth in the resolutions required in Section 4 hereof, or as may thereafter be301
added as hereinafter provided.302
(b) The boundaries of a district may be increased after the initial creation of a district303
pursuant to the following:304
(1) Written consent of a majority of the owners of real property within the area sought to305
be annexed and which will be subject to taxes, fees, and assessments levied by the board306
of the district;307
(2) Written consent of owners of real property within the area sought to be annexed which308
constitutes at least 75 percent by value of the property which will be subject to taxes, fees,309
and assessments levied by the board. For this purpose, value shall be determined by the310
most recent approved county ad valorem tax digest;311
(3) The adoption of a resolution consenting to the annexation by the board of the district;312
and313
(4) The adoption of a resolution consenting to the annexation by the governing authorities314
of Gwinnett County, if any portion of the district is or is to be in the unincorporated area315
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of Gwinnett County, and such municipalities as may have area within the district before
316
or after the annexation.317
(c) The boundaries of a district may also be increased after the initial creation of a district318
if:319
(1) Written consent of the owners of any real property sought to be annexed and which320
will not be subject to taxes, fees, and assessments levied by the board of the district is first321
obtained;322
(2) The board of the district adopts a resolution consenting to the annexation; and323
(3) A resolution is adopted which grants consent to the annexation by the governing324
authorities of Gwinnett County, if any portion of the district is in the unincorporated area325
of Gwinnett County, and such municipalities as may have area within the district before326
or after the annexation.327
(d) Property which is not subject to taxes, fees, and assessments levied by the board of the328
district and which is adjacent to, contiguous to, or abutting property within the district may329
be annexed by:330
(1) The adoption of a resolution approving the annexation by the board of the district; and331
(2) The adoption of a resolution granting consent to the annexation by the governing332
authorities of Gwinnett County, if any portion of the district is in the unincorporated area333
of Gwinnett County, and such municipalities as may have area within the district before334
or after the annexation.335
SECTION 8.336
Debt.337
Except as otherwise provided in this section, each district may incur debt without regard to338
the requirements of Article IX, Section V of the Constitution of Georgia, or any other339
provision of law, prohibiting or restricting the borrowing of money or the creation of debt340
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by political subdivisions of the State of Georgia, which debt shall be backed by the full faith
341
and credit and taxing power of the district but shall not be an obligation of the State of342
Georgia or any other unit of government of the State of Georgia other than the district,343
provided, however, that the board and the district may not issue bonds validated under or in344
accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue345
Bond Law," or in accordance with such other successor provisions governing bond validation346
generally or as may be provided by law. 347
SECTION 9.348
Cooperation with local governments.349
The services and facilities provided pursuant hereto shall be provided for in a cooperation350
agreement executed jointly by the board, the governing body of the City of Peachtree351
Corners, and any other governmental authorities or agencies within which the district is352
partially located. The provisions of this section shall in no way limit the authority of the City353
of Peachtree Corners or any such governmental authority or agency to provide services or354
facilities within the district; and the City of Peachtree Corners or such governmental355
authorities or agencies shall retain full and complete authority and control over any of its356
facilities located within its respective areas of any district. Said control shall include but not357
be limited to the modification of, access to, and degree and type of services provided through358
or by facilities of the City of Peachtree Corners or any other governmental authorities or359
agencies within the district. Nothing contained in this section shall be construed to limit or360
preempt the application of any governmental laws, ordinances, resolutions, or regulations to361
the district or the services or facilities provided therein. Any community improvement362
district created pursuant to this Act shall indemnify and hold harmless the State of Georgia,363
Gwinnett County, the City of Peachtree Corners, or any other county or municipality located364
wholly or partially within such community improvement district, and any other unit of365
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government of the State of Georgia other than such community improvement district from
366
any claim or cause of action asserted against, or which is capable of assertion against, such367
community improvement district arising from the acts or omissions of the community368
improvement district. Neither the State of Georgia, Gwinnett County, the City of Peachtree369
Corners, or any other county or municipality located wholly or partially within such district,370
nor any other unit of government of the State of Georgia other than the district shall be371
responsible or liable for payment of any sum arising from a claim or cause of action asserted,372
or which might have been asserted, against such community improvement district arising373
from the acts or omissions of the community improvement district.374
SECTION 10.375
Powers.376
(a) Each district and its board created pursuant hereto shall have all of the powers necessary377
or convenient to carry out and effectuate the purposes and provisions hereof, including,378
without limiting the generality of the foregoing, the power:379
(1) To bring and defend actions;380
(2) To adopt and amend a corporate seal;381
(3) To make and execute contracts, agreements, and other instruments necessary or382
convenient to exercise the powers of the board or to further the public purposes for which383
the district is created, including, but not limited to, contracts for construction of projects,384
leases of projects, contracts for sale of projects, agreements for loans to finance projects,385
contracts with respect to the use of projects, and agreements with other jurisdictions or386
community improvement districts regarding multi-jurisdictional projects or services or for387
other cooperative endeavors to further the public purposes of the district;388
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(4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and
389
personal property of every kind and character, or any interest therein, in furtherance of the390
public purposes of the district;391
(5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase,392
acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve,393
install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any394
project from the proceeds of the district or any other funds of the district, or from any395
contributions or loans by persons, corporations, partnerships (whether limited or general),396
or other entities, all of which the board is authorized to receive, accept, and use;397
(6) To borrow money to further or carry out its public purposes and to execute bonds,398
notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale399
of its notes, or other obligations, loan agreements, security agreements, assignments, and400
such other agreements or instruments as may be necessary or desirable, in the judgment of401
the board, to evidence and to provide security for such borrowing;402
(7) Issue notes or other obligations of the district and use the proceeds thereof for the403
purpose of paying all or any part of the cost of any project and otherwise to further or carry404
out the public purposes of the district and to pay all reasonably incurred costs of the board405
incidental to, or necessary and appropriate to, furthering or carrying out such purposes;406
provided, however, that the board and the district may not issue bonds validated under or407
in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the408
"Revenue Bond Law," or in accordance with such other successor provisions governing409
bond validation generally or as my be provided by law;410
(8) To make application directly or indirectly to any federal, state, county, or municipal411
government or agency or to any other source, whether public or private, for loans, grants,412
guarantees, or other financial assistance in furtherance of the district's public purposes and413
to accept and use the same upon such terms and conditions as are prescribed by such414
federal, state, county, or municipal government or agency or other source;415
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(9) To enter into agreements with the federal government or any agency thereof to use the
416
facilities or services of the federal government or any agency thereof in order to further or417
carry out the public purposes of the district;418
(10) To contract for any period, not exceeding 50 years, with the State of Georgia, state419
institutions, or any municipal corporation, county, or political subdivision of this state for420
the use by the district of any facilities or services of the state or any such state institution,421
municipal corporation, county, or political subdivision of this state, or for the use by any422
state institution or any municipal corporation, county, or political subdivision of the state423
of any facilities or services of the district, provided that such contracts shall deal with such424
activities and transactions as the district and any such political subdivision with which the425
district contracts are authorized by law to undertake;426
(11) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees427
or assessments to be received as security for its notes, or other indebtedness and428
obligations;429
(12) To receive and use the proceeds of any tax levied by any county or any municipal430
corporation to pay the costs of any project or for any other purpose for which the board431
may use its own funds pursuant hereto;432
(13) To receive and administer gifts, grants, and devises of money and property of any433
kind and to administer trusts;434
(14) To use any real property, personal property, or fixtures or any interest therein or to435
rent or lease such property to or from others or make contracts with respect to the use436
thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant437
options for any such property in any manner as it deems to be the best advantage of the438
district and the public purposes thereof;439
(15) To appoint, select, and employ engineers, surveyors, architects, urban or city440
planners, fiscal agents, attorneys, and others and to fix their compensation and pay their441
expenses;442
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(16) To encourage and promote the improvement and development of the district and to
443
make, contract for, or otherwise cause to be made long-range plans or proposals for the444
district in cooperation with the City of Peachtree Corners and any county or municipal445
corporations in which the district is wholly or partially located;446
(17) To invest its funds, whether derived from the issuance of its bonds or otherwise, in447
such manner as it may deem prudent and appropriate, without further restriction;448
(18) To adopt bylaws governing the conduct of business by the board, the election and449
duties of officers of the board, and other matters which the board determines to deal within450
its bylaws;451
(19) To exercise any power granted by the laws of this state to public or private452
corporations which is not in conflict with the public purposes of the district;453
(20) To create, provide, enhance, or supplement public services such as fire, police, and454
other such services as may be deemed necessary, provided that said public services do not455
conflict with or duplicate the existing City of Peachtree Corners, county or other municipal456
corporation services; and457
(21) To do all things necessary or convenient to carry out the powers conferred hereby.458
(b) The powers enumerated in each paragraph of subsection (a) of this section are459
cumulative of and in addition to those powers enumerated herein and elsewhere in this Act460
and no such power limits or restricts any other power of the board.461
SECTION 11.462
Construction, notice, proceeding, publication, referendum.463
This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding,464
or publication except those required hereby shall be necessary to the performance of any act465
authorized hereby, nor shall any such act be subject to referendum.466
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SECTION 12.
467
Applicability of Chapter 5 of Title 10 of the O.C.G.A.,468
the "Georgia Uniform Securities Act of 2008."469
The offer, sale, or issuance of notes or other obligations by the district shall not be subject470
to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities471
Act of 2008."472
SECTION 13.473
Dissolution.474
(a) Any district activated under the provisions of this Act may be dissolved. The conditions475
for such dissolution shall be:476
(1) The adoption of a resolution approving of the dissolution of each community477
improvement district by the City of Peachtree Corners and any such county or478
municipalities within which the district may be located if partially within the479
unincorporated area of a county and partially within one or more municipalities; and480
(2) The written consent to the dissolution of the community improvement district by:481
(A) Two-thirds, 67 percent, of the owners of real property within the district which are482
subject to taxes, fees, and assessments levied by the board of the district; and483
(B) The owners of real property constituting at least 75 percent by value of all real484
property within the district which are subject to taxes, fees, and assessments levied by the485
board. For this purpose, value shall be determined by the most recent approved county486
ad valorem tax digest.487
The written consent provided for in this paragraph shall be submitted to the Gwinnett488
County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this489
paragraph have been satisfied with respect to each proposed district dissolution.490
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(c) In the event that successful action is taken pursuant to this section to dissolve the district,
491
the dissolution shall become effective at such time as all debt obligations of the district have492
been satisfied. Following a successful dissolution action and until the dissolution becomes493
effective, no new projects may be undertaken, obligations or debts incurred, or property494
acquired.495
(d) Upon a successful dissolution action, all noncash assets of the district other than public496
facilities or land or easements to be used for such public facilities, as described in Section 2497
of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied498
to the repayment of any debt obligation of the district. Any cash remaining after all499
outstanding obligations are satisfied shall be refunded to each property owner in direct500
proportion to the total amount in taxes, fees, or assessments paid by the property owner501
relative to the total revenues paid by all properties in the district.502
(e) When a dissolution becomes effective, the municipal governing authority, or the503
governing authority of a county or municipality if wholly within the incorporated area504
thereof, shall take title to all property previously in the ownership of the district and all taxes,505
fees, and assessments of the district shall cease to be levied and collected.506
(f) A district may be reactivated in the same manner as an original activation.507
SECTION 14.508
Repealer.509
All laws and parts of laws in conflict with this Act are repealed.510
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