| 1 | 1 | | 24 LC 47 2977 |
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| 2 | 2 | | House Bill 1472 |
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| 3 | 3 | | By: Representative Gambill of the 15 |
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| 4 | 4 | | th |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To provide for the creation of one or more community improvement districts in Bartow |
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| 9 | 9 | | 1 |
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| 10 | 10 | | County; to provide for a short title; to provide for the purposes of said districts; to provide2 |
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| 11 | 11 | | for definitions; to provide for boards to administer said districts; to provide for appointment3 |
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| 12 | 12 | | or election of members of said boards; to provide for taxes, fees, and assessments; to provide4 |
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| 13 | 13 | | for the boundaries of said districts; to provide for the debt of said districts; to provide for5 |
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| 14 | 14 | | cooperation with local governments; to provide for powers of said boards; to provide for6 |
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| 15 | 15 | | general obligation bonds, notes, and other obligations of said districts; to provide for the form7 |
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| 16 | 16 | | of bonds, provisions for exchange and transfer, certificates of validation, specification of8 |
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| 17 | 17 | | interest rates in notice to the district attorney or the Attorney General, and in notice of9 |
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| 18 | 18 | | validation hearing, etc., and definition of terms "cost of the project" or "cost of any project"10 |
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| 19 | 19 | | as used in bond resolutions, etc.; to provide for authorized contents of agreements and11 |
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| 20 | 20 | | instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., and12 |
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| 21 | 21 | | subsequent issue of bonds, notes, etc.; to provide for construction; to provide that Chapter 513 |
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| 22 | 22 | | of Title 10 of the O.C.G.A. shall not apply to the offer, sale, or issuance of the boards' bonds,14 |
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| 23 | 23 | | notes, or other obligations; to provide that no notice, proceeding, publication, or referendum15 |
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| 24 | 24 | | shall be required; to provide for dissolutions; to provide for procedures connected with all16 |
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| 25 | 25 | | of the foregoing; to provide for related matters; to repeal conflicting laws; and for other17 |
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| 26 | 26 | | purposes.18 |
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| 27 | 27 | | H. B. 1472 |
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| 28 | 28 | | - 1 - 24 LC 47 2977 |
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| 29 | 29 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: |
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| 30 | 30 | | 19 |
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| 31 | 31 | | SECTION 1.20 |
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| 32 | 32 | | Short title.21 |
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| 33 | 33 | | This Act shall be known and may be cited as the "Bartow County Community Improvement22 |
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| 34 | 34 | | Districts Act."23 |
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| 35 | 35 | | SECTION 2.24 |
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| 36 | 36 | | Purpose.25 |
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| 37 | 37 | | The purpose of this Act shall be to provide for the creation of one or more community26 |
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| 38 | 38 | | improvement districts within Bartow County and within each municipality therein, and such27 |
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| 39 | 39 | | districts shall be created for the provision of such of the following governmental services and28 |
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| 40 | 40 | | facilities as may be provided for in the resolution activating each district created by this Act29 |
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| 41 | 41 | | or any supplemental resolution amending same:30 |
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| 42 | 42 | | (1) Street and road construction and maintenance, including curbs, sidewalks, street31 |
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| 43 | 43 | | lights, and devices to control the flow of traffic on streets and roads;32 |
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| 44 | 44 | | (2) Parks and recreational areas and facilities;33 |
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| 45 | 45 | | (3) Storm-water and sewage collection and disposal systems;34 |
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| 46 | 46 | | (4) Development, storage, treatment, purification, and distribution of water;35 |
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| 47 | 47 | | (5) Public transportation, including, but not limited to, services intended to reduce the36 |
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| 48 | 48 | | volume of traffic or to transport two or more persons in common vehicles or37 |
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| 49 | 49 | | conveyances;38 |
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| 50 | 50 | | (6) Terminal and dock facilities and parking facilities; and39 |
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| 51 | 51 | | (7) Such other services and facilities as may be provided for by general law.40 |
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| 52 | 52 | | H. B. 1472 |
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| 53 | 53 | | - 2 - 24 LC 47 2977 |
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| 54 | 54 | | SECTION 3. |
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| 55 | 55 | | 41 |
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| 56 | 56 | | Definitions.42 |
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| 57 | 57 | | As used herein, the term:43 |
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| 58 | 58 | | (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or44 |
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| 59 | 59 | | use, including the growing of field crops, fruit or nut trees, the raising of livestock or45 |
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| 60 | 60 | | poultry, and the operation of dairies, horse-boarding facilities, and riding stables.46 |
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| 61 | 61 | | (2) "Board" means the governing body created for the governance of each community47 |
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| 62 | 62 | | improvement district herein authorized.48 |
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| 63 | 63 | | (3) "Bonds" or "general obligation bonds" means any bonds of a district which are49 |
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| 64 | 64 | | authorized to be issued under the Constitution and laws of Georgia, including refunding50 |
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| 65 | 65 | | bonds but not including notes or other obligations of a district.51 |
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| 66 | 66 | | (4) "Caucus of electors" means for each district the meeting of electors hereinafter52 |
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| 67 | 67 | | provided for at which the elected board members of the district are elected. A quorum53 |
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| 68 | 68 | | at such caucus shall consist of those electors present, and a majority of those present and54 |
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| 69 | 69 | | voting is necessary to elect board members. No proxy votes may be cast.55 |
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| 70 | 70 | | (5) "Cost of the project" or "cost of any project" means and includes:56 |
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| 71 | 71 | | (A) All costs of acquisition (by purchase or otherwise), construction, assembly,57 |
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| 72 | 72 | | installation, modification, renovation, or rehabilitation incurred in connection with any58 |
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| 73 | 73 | | project or any part of any project;59 |
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| 74 | 74 | | (B) All costs of real property, fixtures, or personal property used in or in connection60 |
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| 75 | 75 | | with or necessary for any project or for any facilities related thereto, including, but not61 |
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| 76 | 76 | | limited to, the cost of all land, estates for years, easements, rights, improvements, water62 |
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| 77 | 77 | | rights, connections for utility services, fees, franchises, permits, approvals, licenses, and63 |
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| 78 | 78 | | certificates; the cost of securing any such franchises, permits, approvals, licenses, or64 |
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| 79 | 79 | | certificates; and the cost of preparation of any application therefor and the cost of all65 |
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| 80 | 80 | | fixtures, machinery, equipment (including all transportation equipment and rolling66 |
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| 81 | 81 | | H. B. 1472 |
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| 82 | 82 | | - 3 - 24 LC 47 2977 |
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| 83 | 83 | | stock), furniture, and other property used in or in connection with or necessary for any |
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| 84 | 84 | | 67 |
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| 85 | 85 | | project;68 |
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| 86 | 86 | | (C) All financing charges and loan fees and all interest on bonds, notes, or other69 |
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| 87 | 87 | | obligations of a district which accrue or are paid prior to and during the period of70 |
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| 88 | 88 | | construction of a project and during such additional period as the board may reasonably71 |
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| 89 | 89 | | determine to be necessary to place such project in operation;72 |
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| 90 | 90 | | (D) All costs of engineering, surveying, and architectural and legal services and all73 |
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| 91 | 91 | | expenses incurred by engineers, surveyors, architects, accountants, consultants, and74 |
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| 92 | 92 | | attorneys in connection with any project;75 |
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| 93 | 93 | | (E) All expenses for inspection of any project;76 |
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| 94 | 94 | | (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust77 |
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| 95 | 95 | | agreement, indenture of trust, or similar instrument or agreement; all expenses incurred78 |
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| 96 | 96 | | by any such fiscal agents, paying agents, and trustees; and all other costs and expenses79 |
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| 97 | 97 | | incurred relative to the issuance of any bonds, notes, or other obligations for any80 |
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| 98 | 98 | | projects;81 |
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| 99 | 99 | | (G) All expenses of or incidental to determining the feasibility or practicability of any82 |
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| 100 | 100 | | project;83 |
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| 101 | 101 | | (H) All costs of plans and specifications for any project;84 |
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| 102 | 102 | | (I) All costs of title insurance and examinations of title with respect to any project;85 |
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| 103 | 103 | | (J) Repayment of any loans made for the advance payment of any part of any of the86 |
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| 104 | 104 | | foregoing costs, including interest thereon and any other expenses of such loans;87 |
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| 105 | 105 | | (K) Administrative expenses of the board and such other expenses as may be necessary88 |
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| 106 | 106 | | or incidental to any project or the financing thereof or the placing of any project in89 |
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| 107 | 107 | | operation; and90 |
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| 108 | 108 | | (L) The establishment of a fund or funds for the creation of a debt service reserve, a91 |
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| 109 | 109 | | renewal and replacement reserve or such other funds or reserves as the board may92 |
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| 110 | 110 | | approve with respect to the financing and operation of any project and as may be93 |
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| 111 | 111 | | H. B. 1472 |
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| 112 | 112 | | - 4 - 24 LC 47 2977 |
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| 113 | 113 | | authorized by any bond resolution, trust agreement, indenture of trust, or similar |
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| 114 | 114 | | 94 |
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| 115 | 115 | | instrument or agreement pursuant to the provisions of which the issuance of any bonds,95 |
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| 116 | 116 | | notes, or other obligations of the district may be authorized.96 |
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| 117 | 117 | | Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part97 |
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| 118 | 118 | | of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds,98 |
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| 119 | 119 | | notes, or other obligations issued by the district.99 |
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| 120 | 120 | | (6) "District" means the geographical area designated as such by the resolution of the100 |
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| 121 | 121 | | governing body or consenting to the creation of the community improvement district or101 |
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| 122 | 122 | | as thereafter modified by any subsequent resolution of the governing body or bodies102 |
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| 123 | 123 | | within which the district is or is to be located, or a body corporate and politic being a103 |
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| 124 | 124 | | community improvement district created and activated pursuant thereto, as the context104 |
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| 125 | 125 | | requires or permits.105 |
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| 126 | 126 | | (7) "Electors" means the owners of real property within the district which is then subject106 |
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| 127 | 127 | | to taxes, fees, and assessments levied by the board, as they appear on the most recent ad107 |
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| 128 | 128 | | valorem real property tax return records of Bartow County, or one officer or director of108 |
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| 129 | 129 | | a corporate elector, one trustee of a trust which is an elector, one partner of a partnership109 |
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| 130 | 130 | | elector, or one designated representative of an elector whose designation is made in110 |
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| 131 | 131 | | writing. An owner of property subject to taxes, fees, or assessments levied by the board111 |
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| 132 | 132 | | shall have one vote for an election based on numerical majority, and one vote for each112 |
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| 133 | 133 | | $1,000.00 (or fraction thereof) in assessed value of the owner's property for an election113 |
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| 134 | 134 | | based on value majority. An owner of multiple parcels has one vote, not one vote per114 |
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| 135 | 135 | | parcel, for an election based on numerical majority, and one vote for each $1,000.00 (or115 |
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| 136 | 136 | | fraction thereof) in assessed value of the aggregate of the owner's properties subject to116 |
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| 137 | 137 | | taxes, fees, or assessments levied by the board, for an election based on value majority. 117 |
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| 138 | 138 | | Multiple owners of one parcel have one vote for elections based on numerical majority,118 |
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| 139 | 139 | | and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owner's119 |
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| 140 | 140 | | H. B. 1472 |
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| 141 | 141 | | - 5 - 24 LC 47 2977 |
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| 142 | 142 | | property for elections based on value majority, which must be cast by one of their number |
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| 143 | 143 | | 120 |
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| 144 | 144 | | who is designated in writing.121 |
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| 145 | 145 | | (8) "Equitably apportioned among the properties subject to such taxes, fees, and122 |
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| 146 | 146 | | assessments according to the need for governmental services and facilities created by the123 |
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| 147 | 147 | | degree of density of development of each such property," with reference to taxes, fees,124 |
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| 148 | 148 | | and assessments levied by the board, means that the burden of the taxes, fees, and125 |
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| 149 | 149 | | assessments shall be apportioned among the properties subject thereto based upon the126 |
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| 150 | 150 | | values established in the most recent ad valorem tax reassessment of such properties127 |
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| 151 | 151 | | certified by the chairperson of the Bartow County Board of Tax Assessors or may be128 |
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| 152 | 152 | | apportioned among the properties subject thereto in direct or approximate proportion to129 |
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| 153 | 153 | | the receipt of services or benefit derived from the improvements or other activities for130 |
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| 154 | 154 | | which the taxes, fees, or assessments are to be expended or may be apportioned in any131 |
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| 155 | 155 | | other manner or combination of manners deemed equitable by the board, including, but132 |
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| 156 | 156 | | not limited to, the recognition of differential benefit which may reasonably be expected133 |
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| 157 | 157 | | to accrue to new land development in contrast to lands and improvement already in134 |
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| 158 | 158 | | existence at the time of creation of the community improvement district.135 |
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| 159 | 159 | | (9) "Forestry" means the planting and growing of trees for sale in a program which136 |
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| 160 | 160 | | includes reforestation of harvested trees, regular underbrush and undesirable growth137 |
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| 161 | 161 | | cleaning, fertilizing, pruning, thinning, cruising, and marking which indicate an active138 |
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| 162 | 162 | | tree-farming operation; it does not include the casual growing of trees on land otherwise139 |
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| 163 | 163 | | idle or held for investment, even though some harvesting of trees may occur thereon.140 |
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| 164 | 164 | | (10) "Hereby," "herein," "hereinafter," and "herewith" have the meanings generally141 |
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| 165 | 165 | | ascribed to these words.142 |
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| 166 | 166 | | (11) "Project" means the acquisition, construction, installation, modification, renovation,143 |
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| 167 | 167 | | or rehabilitation of land, interests in land, buildings, structures, facilities, or other144 |
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| 168 | 168 | | improvements located or to be located within the district or in another community145 |
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| 169 | 169 | | improvement district immediately adjoining the district as to directly benefit the district,146 |
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| 170 | 170 | | H. B. 1472 |
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| 171 | 171 | | - 6 - 24 LC 47 2977 |
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| 172 | 172 | | or in another community improvement district immediately adjoining the district or in |
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| 173 | 173 | | 147 |
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| 174 | 174 | | another community improvement district contiguous to a community improvement148 |
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| 175 | 175 | | district adjoining the district, such benefit to be determined by the board, and the149 |
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| 176 | 176 | | acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures,150 |
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| 177 | 177 | | machinery, equipment, furniture, or other property of any nature whatsoever used on, in,151 |
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| 178 | 178 | | or in connection with any such land, interest in land, building, structure, facility, or other152 |
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| 179 | 179 | | improvement, for all the essential public purposes set forth in Section 2 of this Act.153 |
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| 180 | 180 | | (12) "Property owner" or "owner of real property" means any entity or person shown as154 |
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| 181 | 181 | | a taxpayer for one or more parcels of real estate on the most recent ad valorem tax155 |
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| 182 | 182 | | records of Bartow County within the district as certified by the Bartow County Tax156 |
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| 183 | 183 | | Commissioner. Multiple owners of one parcel shall constitute one property owner and157 |
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| 184 | 184 | | shall designate in writing one of their number to represent the whole.158 |
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| 185 | 185 | | (13) "Property used nonresidentially" means property or any portion thereof used for159 |
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| 186 | 186 | | neighborhood shopping, planned shopping center, general commercial, transient lodging160 |
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| 187 | 187 | | facilities, tourist services, office or institutional, office services, light industry, heavy161 |
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| 188 | 188 | | industry, central business district, parking, or other commercial or business use, as well162 |
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| 189 | 189 | | as vacant land zoned or approved for any of the uses listed in this paragraph.163 |
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| 190 | 190 | | (14) "Taxpayer" means any entity or person paying ad valorem taxes on real property,164 |
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| 191 | 191 | | whether one or more parcels of property within the district. Multiple owners of one165 |
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| 192 | 192 | | parcel shall constitute one taxpayer and shall designate in writing one of their number to166 |
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| 193 | 193 | | represent the whole.167 |
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| 194 | 194 | | SECTION 4.168 |
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| 195 | 195 | | Creation.169 |
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| 196 | 196 | | Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is170 |
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| 197 | 197 | | created one or more community improvement districts to be located in Bartow County,171 |
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| 198 | 198 | | H. B. 1472 |
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| 199 | 199 | | - 7 - 24 LC 47 2977 |
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| 200 | 200 | | Georgia, either wholly within the unincorporated area thereof, or wholly within any |
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| 201 | 201 | | 172 |
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| 202 | 202 | | municipality therein, or partly within one or more municipalities and partly within the173 |
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| 203 | 203 | | unincorporated area thereof, each of which shall be activated upon compliance with the174 |
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| 204 | 204 | | conditions provided in this Act and which shall be governed by a board as constituted175 |
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| 205 | 205 | | pursuant to this Act. The conditions for such activation shall be:176 |
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| 206 | 206 | | (1) The adoption of a resolution consenting to the creation of each community177 |
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| 207 | 207 | | improvement district by:178 |
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| 208 | 208 | | (A) The governing authority of Bartow County if the district is located wholly within179 |
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| 209 | 209 | | the unincorporated area of Bartow County, which resolution shall impose such180 |
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| 210 | 210 | | conditions on the projects and activities which may be undertaken as will ensure their181 |
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| 211 | 211 | | compatibility with adopted county policies and planning for the area;182 |
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| 212 | 212 | | (B) The governing authority of the municipality if the district is located wholly within183 |
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| 213 | 213 | | the incorporated area of a municipality; or184 |
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| 214 | 214 | | (C) The governing authorities of Bartow County and any municipality in which the185 |
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| 215 | 215 | | district is partially located if it is partially located within the unincorporated area of186 |
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| 216 | 216 | | Bartow County and partly within the incorporated area of any municipality; and187 |
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| 217 | 217 | | (2) Written consent to the creation of the community improvement district by:188 |
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| 218 | 218 | | (A) A majority of the owners of real property within the district which will be subject189 |
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| 219 | 219 | | to taxes, fees, and assessments levied by the board of the district;190 |
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| 220 | 220 | | (B) The owners of real property within the district which constitutes at least 75 percent191 |
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| 221 | 221 | | by value of all real property within the district which will be subject to taxes, fees, and192 |
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| 222 | 222 | | assessments levied by the board and for this purpose value shall be determined by the193 |
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| 223 | 223 | | most recent approved county ad valorem tax digest; and194 |
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| 224 | 224 | | (C) The written consent provided for in this paragraph shall be submitted to the Bartow195 |
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| 225 | 225 | | County Tax Commissioner who shall certify whether subparagraphs (A) and (B) of this196 |
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| 226 | 226 | | paragraph have been satisfied with respect to each such proposed district.197 |
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| 227 | 227 | | H. B. 1472 |
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| 228 | 228 | | - 8 - 24 LC 47 2977 |
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| 229 | 229 | | No district or board created under this Act shall transact any business or exercise any |
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| 230 | 230 | | 198 |
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| 231 | 231 | | powers under this Act until the conditions of this section are met. A copy of such199 |
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| 232 | 232 | | resolutions shall be filed with the Secretary of State who shall maintain a record of all200 |
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| 233 | 233 | | districts activated under this Act and a second copy shall be filed with the Department of201 |
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| 234 | 234 | | Community Affairs.202 |
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| 235 | 235 | | SECTION 5.203 |
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| 236 | 236 | | Administration, appointment, and election of board members.204 |
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| 237 | 237 | | (a) Each district created pursuant to this Act shall be administered by a board composed of205 |
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| 238 | 238 | | a minimum of seven members to be appointed and elected as provided in this section. Two206 |
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| 239 | 239 | | board members shall be appointed by the governing authority of Bartow County, and one207 |
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| 240 | 240 | | board member shall be appointed by the governing authority of each municipality within208 |
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| 241 | 241 | | which any portion of the district lies; provided, however, that in the event the district lies209 |
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| 242 | 242 | | entirely within a municipality, two board members shall be appointed by the governing210 |
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| 243 | 243 | | authority of such municipality and the governing authority of Bartow County shall have no211 |
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| 244 | 244 | | appointees. The remaining board members shall be elected by the owners of real property212 |
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| 245 | 245 | | within the district subject to taxes, fees, and assessments levied by the board. The board213 |
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| 246 | 246 | | shall be seven in number plus one or two members appointed by the governing authority of214 |
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| 247 | 247 | | each municipality as provided above. The appointed board members shall serve at the215 |
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| 248 | 248 | | pleasure of the governing body which appointed same, respectively. The initial elected board216 |
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| 249 | 249 | | members shall serve for terms of office as follows: two shall serve for two years, and the217 |
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| 250 | 250 | | remaining board members shall serve for four years. Thereafter, all terms of office shall be218 |
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| 251 | 251 | | for four years and until a successor is elected and qualified, except the appointed members219 |
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| 252 | 252 | | who serve at the pleasure of the governing body which appointed them.220 |
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| 253 | 253 | | (b) The initial board members to be elected as provided in this Act shall be elected in a221 |
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| 254 | 254 | | caucus of electors, which shall be held within 60 days after the adoption of the resolutions222 |
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| 255 | 255 | | H. B. 1472 |
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| 256 | 256 | | - 9 - 24 LC 47 2977 |
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| 257 | 257 | | and obtaining the written consents provided for in this Act at such time and place within the |
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| 258 | 258 | | 223 |
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| 259 | 259 | | district as the governing authority of Bartow County shall designate after notice thereof shall224 |
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| 260 | 260 | | have been given to said electors by publishing notice thereof in the legal organ of Bartow225 |
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| 261 | 261 | | County once a week for four weeks prior to such caucus. Thereafter, there shall be226 |
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| 262 | 262 | | conducted biennially, not later than 60 days following the last day for filing ad valorem227 |
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| 263 | 263 | | property tax returns in Bartow County, a caucus of said electors at such time and place within228 |
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| 264 | 264 | | the district as the board shall designate in such notice for the purpose of electing board229 |
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| 265 | 265 | | members to those positions which have terms expiring or are vacant. If a vacancy occurs in230 |
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| 266 | 266 | | an elected position on the board, the board shall, within 60 days thereafter, call a special231 |
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| 267 | 267 | | election to fill the same to be held within 60 days of the call unless such vacancy occurs232 |
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| 268 | 268 | | within 180 days of the next regularly scheduled election, in which case a special election233 |
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| 269 | 269 | | may, but need not, be called. For any election held under the provisions of this Act, notice234 |
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| 270 | 270 | | of said election shall be given the electors by publishing notice thereof in the legal organ of235 |
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| 271 | 271 | | Bartow County once a week for four weeks prior to such caucus.236 |
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| 272 | 272 | | (c) One board member shall be elected by majority vote of the electors present and voting237 |
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| 273 | 273 | | at the caucus on the basis of one vote for each elector. Said board member shall be elected238 |
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| 274 | 274 | | to a term of office of two years at the initial caucus of electors when the board is first formed239 |
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| 275 | 275 | | and to terms of office of four years thereafter. Four board members shall be elected by240 |
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| 276 | 276 | | majority of the votes cast by the electors present and voting at the caucus, with each elector241 |
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| 277 | 277 | | having one vote for each $1,000.00 or fraction thereof in assessed value of the property242 |
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| 278 | 278 | | owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies243 |
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| 279 | 279 | | to be filled through election shall be filled by majority vote in the same manner as the board244 |
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| 280 | 280 | | member previously holding the seat.245 |
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| 281 | 281 | | (d) Elected board members shall be subject to recall by the vote of a caucus of electors, said246 |
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| 282 | 282 | | caucus being called by the board pursuant to a petition of 20 percent of the electors within247 |
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| 283 | 283 | | the district or by a petition of holders of 20 percent of the eligible voters represented by248 |
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| 284 | 284 | | H. B. 1472 |
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| 285 | 285 | | - 10 - 24 LC 47 2977 |
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| 286 | 286 | | equity electors, provided that the petition shall be from the category of voters who elected |
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| 287 | 287 | | 249 |
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| 288 | 288 | | the board member to be subject to the recall election.250 |
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| 289 | 289 | | (e) Board members, including appointed board members, shall be electors within the district. 251 |
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| 290 | 290 | | If a board member ceases to be an elector, such board member's position shall be declared252 |
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| 291 | 291 | | vacant as of the date of the event terminating such status.253 |
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| 292 | 292 | | (f) The board members shall receive no compensation for their services but shall be254 |
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| 293 | 293 | | reimbursed for actual expenses incurred in the performance of their duties. They shall elect255 |
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| 294 | 294 | | one of their members as chairperson and another as vice chairperson and shall also elect a256 |
|---|
| 295 | 295 | | secretary and a treasurer or a secretary-treasurer, either of whom may, but need not, be a257 |
|---|
| 296 | 296 | | member of the board.258 |
|---|
| 297 | 297 | | SECTION 6.259 |
|---|
| 298 | 298 | | Taxes, fees, and assessments.260 |
|---|
| 299 | 299 | | (a) The board may levy taxes, fees, and assessments within the district only on real property,261 |
|---|
| 300 | 300 | | specifically excluding all property exempt from ad valorem taxation under the Constitution262 |
|---|
| 301 | 301 | | or laws of the State of Georgia and all property used for residential, agricultural, or forestry263 |
|---|
| 302 | 302 | | purposes and specifically excluding tangible personal property and intangible property. Any264 |
|---|
| 303 | 303 | | tax, fee, or assessment so levied shall not exceed 5 mills of the aggregate assessed value of265 |
|---|
| 304 | 304 | | all such real property. The taxes, fees, and assessments levied by the board upon the266 |
|---|
| 305 | 305 | | properties shall be equitably apportioned among the properties according to the need for267 |
|---|
| 306 | 306 | | governmental services and facilities created by the degree of density of development within268 |
|---|
| 307 | 307 | | the district and not for the purpose of providing those governmental services and facilities269 |
|---|
| 308 | 308 | | provided to the county or municipality as a whole. Any tax, fee, or assessment so levied270 |
|---|
| 309 | 309 | | shall be collected by Bartow County in the same manner as taxes, fees, and assessments are271 |
|---|
| 310 | 310 | | levied by the county. Delinquent taxes shall bear the same interest and penalties as Bartow272 |
|---|
| 311 | 311 | | County ad valorem taxes and may be enforced and collected in the same manner. The273 |
|---|
| 312 | 312 | | H. B. 1472 |
|---|
| 313 | 313 | | - 11 - 24 LC 47 2977 |
|---|
| 314 | 314 | | proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection |
|---|
| 315 | 315 | | 274 |
|---|
| 316 | 316 | | of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be275 |
|---|
| 317 | 317 | | transmitted by Bartow County to the board and shall be expended by the board only for the276 |
|---|
| 318 | 318 | | purposes authorized hereby.277 |
|---|
| 319 | 319 | | (b) The board shall levy the above-provided taxes and notify in writing the collecting278 |
|---|
| 320 | 320 | | governing body so it may include the levy on its regular ad valorem tax bills.279 |
|---|
| 321 | 321 | | (c) If a parcel of real property is removed from a district or otherwise would become280 |
|---|
| 322 | 322 | | nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded281 |
|---|
| 323 | 323 | | indebtedness of the district then outstanding until said bonded indebtedness then outstanding282 |
|---|
| 324 | 324 | | is paid or refunded.283 |
|---|
| 325 | 325 | | SECTION 7.284 |
|---|
| 326 | 326 | | Boundaries of the districts.285 |
|---|
| 327 | 327 | | (a) The boundaries of each district shall be as designated as such by the governing authority286 |
|---|
| 328 | 328 | | of Bartow County if wholly within the unincorporated area of Bartow County and such287 |
|---|
| 329 | 329 | | municipalities within which the district may be partially located if partially within the288 |
|---|
| 330 | 330 | | unincorporated area of Bartow County and partially within one or more municipalities, or by289 |
|---|
| 331 | 331 | | the governing authority of a municipality if wholly within the incorporated area thereof, as290 |
|---|
| 332 | 332 | | set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as291 |
|---|
| 333 | 333 | | provided in this Act.292 |
|---|
| 334 | 334 | | (b) The boundaries of a district may be increased after the initial creation of a district293 |
|---|
| 335 | 335 | | pursuant to the following:294 |
|---|
| 336 | 336 | | (1) Written consent of a majority of the owners of real property within the area sought295 |
|---|
| 337 | 337 | | to be annexed and which will be subject to taxes, fees, and assessments levied by the296 |
|---|
| 338 | 338 | | board of the district is first obtained;297 |
|---|
| 339 | 339 | | H. B. 1472 |
|---|
| 340 | 340 | | - 12 - 24 LC 47 2977 |
|---|
| 341 | 341 | | (2) Written consent of owners of real property within the area sought to be annexed |
|---|
| 342 | 342 | | 298 |
|---|
| 343 | 343 | | which constitutes at least 75 percent by value of the property which will be subject to299 |
|---|
| 344 | 344 | | taxes, fees, and assessments levied by the board and for this purpose value shall be300 |
|---|
| 345 | 345 | | determined by the most recent approved county ad valorem tax digest;301 |
|---|
| 346 | 346 | | (3) The adoption of a resolution consenting to the annexation by the board of the district;302 |
|---|
| 347 | 347 | | and303 |
|---|
| 348 | 348 | | (4) The adoption of a resolution consenting to the annexation by the governing304 |
|---|
| 349 | 349 | | authorities of Bartow County, if any portion of the district is or is to be in the305 |
|---|
| 350 | 350 | | unincorporated area of Bartow County, and such municipalities as may have area within306 |
|---|
| 351 | 351 | | the district before or after the annexation.307 |
|---|
| 352 | 352 | | SECTION 8.308 |
|---|
| 353 | 353 | | Debt.309 |
|---|
| 354 | 354 | | Each district may incur debt without regard to the requirements of Article IX, Section V of310 |
|---|
| 355 | 355 | | the Constitution of Georgia, or any other provision of law prohibiting or restricting the311 |
|---|
| 356 | 356 | | borrowing of money or the creation of debt by political subdivisions of the State of Georgia,312 |
|---|
| 357 | 357 | | which debt shall be backed by the full faith, credit, and taxing power of the district, but shall313 |
|---|
| 358 | 358 | | not be an obligation of the State of Georgia or any other unit of government of the State of314 |
|---|
| 359 | 359 | | Georgia other than the district.315 |
|---|
| 360 | 360 | | SECTION 9.316 |
|---|
| 361 | 361 | | Cooperation with local governments.317 |
|---|
| 362 | 362 | | The services and facilities provided pursuant to this Act shall be provided for in a318 |
|---|
| 363 | 363 | | cooperation agreement executed jointly by the board and the governing bodies of Bartow319 |
|---|
| 364 | 364 | | County and any municipalities within which the district is partially located. The provisions320 |
|---|
| 365 | 365 | | H. B. 1472 |
|---|
| 366 | 366 | | - 13 - 24 LC 47 2977 |
|---|
| 367 | 367 | | of this section shall in no way limit the authority of Bartow County or any such municipality |
|---|
| 368 | 368 | | 321 |
|---|
| 369 | 369 | | to provide services or facilities within the district; and Bartow County or such municipalities322 |
|---|
| 370 | 370 | | shall retain full and complete authority and control over any of their facilities located within323 |
|---|
| 371 | 371 | | their respective areas of any district. Said control shall include, but not be limited to, the324 |
|---|
| 372 | 372 | | modification of, access to, and degree and type of services provided through or by facilities325 |
|---|
| 373 | 373 | | of the municipality or county. Nothing contained in this section shall be construed to limit326 |
|---|
| 374 | 374 | | or preempt the application of any governmental laws, ordinances, resolutions, or regulations327 |
|---|
| 375 | 375 | | to the district or the services or facilities provided therein.328 |
|---|
| 376 | 376 | | SECTION 10.329 |
|---|
| 377 | 377 | | Board and district powers.330 |
|---|
| 378 | 378 | | (a) Each district and its board created pursuant hereto shall have all of the powers necessary331 |
|---|
| 379 | 379 | | or convenient to carry out and effectuate the purposes and provisions hereof, including,332 |
|---|
| 380 | 380 | | without limiting the generality of the foregoing, the power:333 |
|---|
| 381 | 381 | | (1) To bring and defend actions;334 |
|---|
| 382 | 382 | | (2) To adopt and amend a corporate seal;335 |
|---|
| 383 | 383 | | (3) To make and execute contracts, agreements, and other instruments necessary or336 |
|---|
| 384 | 384 | | convenient to exercise the powers of the board or to further the public purposes for which337 |
|---|
| 385 | 385 | | the district is created, including, but not limited to, contracts for construction of projects,338 |
|---|
| 386 | 386 | | leases of projects, contracts for sale of projects, agreements for loans to finance projects,339 |
|---|
| 387 | 387 | | contracts with respect to the use of projects, and agreements with other jurisdictions or340 |
|---|
| 388 | 388 | | community improvement districts regarding multijurisdictional projects or services or for341 |
|---|
| 389 | 389 | | other cooperative endeavors to further the public purposes of the district;342 |
|---|
| 390 | 390 | | (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and343 |
|---|
| 391 | 391 | | personal property of every kind and character, or any interest therein, in furtherance of344 |
|---|
| 392 | 392 | | the public purposes of the district;345 |
|---|
| 393 | 393 | | H. B. 1472 |
|---|
| 394 | 394 | | - 14 - 24 LC 47 2977 |
|---|
| 395 | 395 | | (5) To finance by loan, grant, lease, or otherwise and to construct, erect, assemble, |
|---|
| 396 | 396 | | 346 |
|---|
| 397 | 397 | | purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend,347 |
|---|
| 398 | 398 | | improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the348 |
|---|
| 399 | 399 | | cost of any project from the proceeds of bonds, notes, or other obligations of the district349 |
|---|
| 400 | 400 | | or any other funds of the district, or from any contributions or loans by persons,350 |
|---|
| 401 | 401 | | corporations, partnerships, whether limited or general, or other entities, all of which the351 |
|---|
| 402 | 402 | | board is authorized to receive, accept, and use;352 |
|---|
| 403 | 403 | | (6) To borrow money to further or carry out its public purposes and to execute bonds,353 |
|---|
| 404 | 404 | | notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale354 |
|---|
| 405 | 405 | | of its bonds, notes, or other obligations, loan agreements, security agreements,355 |
|---|
| 406 | 406 | | assignments, and such other agreements or instruments as may be necessary or desirable,356 |
|---|
| 407 | 407 | | in the judgment of the board, to evidence and to provide security for such borrowing;357 |
|---|
| 408 | 408 | | (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof358 |
|---|
| 409 | 409 | | for the purpose of paying all or any part of the cost of any project and otherwise to further359 |
|---|
| 410 | 410 | | or carry out the public purposes of the district and to pay all costs of the board incidental360 |
|---|
| 411 | 411 | | to, or necessary and appropriate to, furthering or carrying out such purposes;361 |
|---|
| 412 | 412 | | (8) To grant, mortgage, convey, assign, or pledge its property, revenues, taxes, fees, or362 |
|---|
| 413 | 413 | | assessments to be received as security for its notes or other indebtedness and obligations;363 |
|---|
| 414 | 414 | | (9) To invest its funds in such manner as it may deem prudent and appropriate, without364 |
|---|
| 415 | 415 | | further restriction;365 |
|---|
| 416 | 416 | | (10) To create, provide, and enhance public services as may be deemed necessary,366 |
|---|
| 417 | 417 | | provided that such services do not conflict with or duplicate existing Bartow County or367 |
|---|
| 418 | 418 | | municipal services;368 |
|---|
| 419 | 419 | | (11) To reimburse expenses for the creation and approval of a district;369 |
|---|
| 420 | 420 | | (12) To make application directly or indirectly to any federal, state, county, or municipal370 |
|---|
| 421 | 421 | | government or agency or to any other source, whether public or private, for loans, grants,371 |
|---|
| 422 | 422 | | guarantees, or other financial assistance in furtherance of the district's public purposes372 |
|---|
| 423 | 423 | | H. B. 1472 |
|---|
| 424 | 424 | | - 15 - 24 LC 47 2977 |
|---|
| 425 | 425 | | and to accept and use the same upon such terms and conditions as are prescribed by such |
|---|
| 426 | 426 | | 373 |
|---|
| 427 | 427 | | federal, state, county, or municipal government or agency or other source;374 |
|---|
| 428 | 428 | | (13) To enter into agreements with the federal government or any agency thereof to use375 |
|---|
| 429 | 429 | | the facilities or services of the federal government or any agency thereof in order to376 |
|---|
| 430 | 430 | | further or carry out the public purposes of the district;377 |
|---|
| 431 | 431 | | (14) To contract for any period, not exceeding 50 years, with the State of Georgia, state378 |
|---|
| 432 | 432 | | institutions, or a municipal corporation, county, or political subdivision of this state for379 |
|---|
| 433 | 433 | | the use by the district of any facilities or services of the state or any such state institution,380 |
|---|
| 434 | 434 | | municipal corporation, county, or political subdivision of this state, or for the use by any381 |
|---|
| 435 | 435 | | state institution or any municipal corporation, county, or political subdivision of the state382 |
|---|
| 436 | 436 | | of any facilities or services of the district, provided that such contracts shall deal with383 |
|---|
| 437 | 437 | | such activities and transactions as the district and any such political subdivision with384 |
|---|
| 438 | 438 | | which the district contracts are authorized by law to undertake;385 |
|---|
| 439 | 439 | | (15) To receive and use the proceeds of any tax levied by any county or any municipal386 |
|---|
| 440 | 440 | | corporation to pay the costs of any project or for any other purpose for which the board387 |
|---|
| 441 | 441 | | may use its own funds pursuant hereto;388 |
|---|
| 442 | 442 | | (16) To receive and administer gifts, grants, and devises of money and property of any389 |
|---|
| 443 | 443 | | kind and to administer trusts;390 |
|---|
| 444 | 444 | | (17) To use any real property, personal property, or fixtures or any interest therein or to391 |
|---|
| 445 | 445 | | rent or lease such property to or from others or make contracts with respect to the use392 |
|---|
| 446 | 446 | | thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or393 |
|---|
| 447 | 447 | | grant options for any such property in any manner as it deems to be to the best advantage394 |
|---|
| 448 | 448 | | of the district and the public purposes thereof;395 |
|---|
| 449 | 449 | | (18) To appoint, select, and employ engineers, surveyors, architects, urban or city396 |
|---|
| 450 | 450 | | planners, fiscal agents, attorneys, accountants, consultants, and others and to fix their397 |
|---|
| 451 | 451 | | compensation and pay their expenses;398 |
|---|
| 452 | 452 | | H. B. 1472 |
|---|
| 453 | 453 | | - 16 - 24 LC 47 2977 |
|---|
| 454 | 454 | | (19) To encourage and promote the improvement and development of the district and to |
|---|
| 455 | 455 | | 399 |
|---|
| 456 | 456 | | make, contract for, or otherwise cause to be made long-range plans or proposals for the400 |
|---|
| 457 | 457 | | district in cooperation with Bartow County and any municipal corporations in which the401 |
|---|
| 458 | 458 | | district is wholly or partially located;402 |
|---|
| 459 | 459 | | (20) To adopt bylaws governing the conduct of business by the board, the election and403 |
|---|
| 460 | 460 | | duties of officers of the board, and other matters which the board determines to deal with404 |
|---|
| 461 | 461 | | in its bylaws;405 |
|---|
| 462 | 462 | | (21) To exercise any power granted by the laws of this state to public or private406 |
|---|
| 463 | 463 | | corporations which is not in conflict with the public purposes of the district; and407 |
|---|
| 464 | 464 | | (22) To do all things necessary or convenient to carry out the powers conferred hereby.408 |
|---|
| 465 | 465 | | (b) The powers enumerated in each paragraph of this section are cumulative of and in409 |
|---|
| 466 | 466 | | addition to those powers enumerated herein and elsewhere in this Act; and no such power410 |
|---|
| 467 | 467 | | limits or restricts any other power of the board.411 |
|---|
| 468 | 468 | | SECTION 11.412 |
|---|
| 469 | 469 | | Bonds - generally.413 |
|---|
| 470 | 470 | | (a) Notes or other obligations issued by a district, other than general obligation bonds, shall414 |
|---|
| 471 | 471 | | be paid solely from the property pledged to pay such notes or other obligations. General415 |
|---|
| 472 | 472 | | obligation bonds issued by any district shall constitute a general obligation of the district to416 |
|---|
| 473 | 473 | | the repayment of which the full faith, credit, and taxing power of the district shall be pledged.417 |
|---|
| 474 | 474 | | (b) All bonds, notes, and other obligations of any district shall be authorized by resolution418 |
|---|
| 475 | 475 | | of its board.419 |
|---|
| 476 | 476 | | (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time420 |
|---|
| 477 | 477 | | or times but not more than 40 years from their respective dates, shall bear interest at such rate421 |
|---|
| 478 | 478 | | or rates which may be fixed or may fluctuate or otherwise change from time to time, shall422 |
|---|
| 479 | 479 | | be subject to redemption on such terms, and shall contain such other terms, provisions,423 |
|---|
| 480 | 480 | | H. B. 1472 |
|---|
| 481 | 481 | | - 17 - 24 LC 47 2977 |
|---|
| 482 | 482 | | covenants, assignments, and conditions as the resolution authorizing the issuance of such |
|---|
| 483 | 483 | | 424 |
|---|
| 484 | 484 | | bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants,425 |
|---|
| 485 | 485 | | assignments, and conditions contained in or provided or permitted by any resolution of the426 |
|---|
| 486 | 486 | | board authorizing the issuance of such bonds, notes, or other obligations shall bind the board427 |
|---|
| 487 | 487 | | members of the district then in office and their successors.428 |
|---|
| 488 | 488 | | (d) The board shall have power from time to time and whenever it deems it expedient to429 |
|---|
| 489 | 489 | | refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded430 |
|---|
| 490 | 490 | | have matured, and may issue bonds partly to refund bonds then outstanding and partly for431 |
|---|
| 491 | 491 | | any other purpose permitted hereunder. The refunding bonds may be exchanged for the432 |
|---|
| 492 | 492 | | bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and433 |
|---|
| 493 | 493 | | the proceeds applied to the purchase or redemption of the bonds to be refunded.434 |
|---|
| 494 | 494 | | (e) There shall be no limitation upon the interest rates of any maximum interest rate or rates435 |
|---|
| 495 | 495 | | on any bonds, notes, or other obligations of the district; and the usury laws of this state shall436 |
|---|
| 496 | 496 | | not apply to bonds, notes, or other obligations of these districts.437 |
|---|
| 497 | 497 | | (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both438 |
|---|
| 498 | 498 | | coupon and fully registered, and may be subject to such exchangeability and transferability439 |
|---|
| 499 | 499 | | provisions as the bond resolution authorizing the issuance of such bonds or any indenture or440 |
|---|
| 500 | 500 | | trust agreement may provide.441 |
|---|
| 501 | 501 | | (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior442 |
|---|
| 502 | 502 | | Court of Bartow County may be made on the certificate of validation of such bonds by443 |
|---|
| 503 | 503 | | facsimile or by manual execution, stating the date on which such bonds were validated; and444 |
|---|
| 504 | 504 | | such entry shall be original evidence in any court in this state.445 |
|---|
| 505 | 505 | | (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the446 |
|---|
| 506 | 506 | | principal amount and maturities of such said bonds, the notice to the district attorney or the447 |
|---|
| 507 | 507 | | Attorney General, the notice to the public of the time, place, and date of the validation448 |
|---|
| 508 | 508 | | hearing, and the petition and complaint for validation may state that the bonds when issued449 |
|---|
| 509 | 509 | | will bear interest at a rate not exceeding a maximum per annum rate of interest, which may450 |
|---|
| 510 | 510 | | H. B. 1472 |
|---|
| 511 | 511 | | - 18 - 24 LC 47 2977 |
|---|
| 512 | 512 | | be fixed or may fluctuate or otherwise change from time to time, and that the principal |
|---|
| 513 | 513 | | 451 |
|---|
| 514 | 514 | | amount will not exceed and the final maturity date will not be later than as specified in such452 |
|---|
| 515 | 515 | | notices and petition and complaint or may state that, in the event the bonds are to bear453 |
|---|
| 516 | 516 | | different rates of interest for different maturity dates, none of such rates will exceed the454 |
|---|
| 517 | 517 | | maximum rate, which may be fixed or may fluctuate or otherwise change from time to time,455 |
|---|
| 518 | 518 | | so specified; provided, however, that nothing in this section shall be construed as prohibiting456 |
|---|
| 519 | 519 | | or restricting the right of a board to sell such bonds at a discount, even if in doing so the457 |
|---|
| 520 | 520 | | effective interest cost resulting therefrom would exceed the maximum per annum interest rate458 |
|---|
| 521 | 521 | | specified in such notices and in the petition and complaint.459 |
|---|
| 522 | 522 | | (i) The terms "cost of the project" and "cost of any project" shall have the meaning460 |
|---|
| 523 | 523 | | prescribed herein whenever those terms are referred to in bond resolutions of a board, in461 |
|---|
| 524 | 524 | | bonds, notes, or other obligations of the districts, or in notices of proceedings to validate such462 |
|---|
| 525 | 525 | | bonds, notes, or other obligations of a district.463 |
|---|
| 526 | 526 | | SECTION 12.464 |
|---|
| 527 | 527 | | Authorized contents of agreements and instruments of the board generally; use of465 |
|---|
| 528 | 528 | | proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc.466 |
|---|
| 529 | 529 | | 467 |
|---|
| 530 | 530 | | (a) Subject to the limitations and procedures provided by this section and Section 11 of this468 |
|---|
| 531 | 531 | | Act, the agreements or instruments executed by a board may contain such provisions not469 |
|---|
| 532 | 532 | | inconsistent with law as shall be determined by such board.470 |
|---|
| 533 | 533 | | (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by471 |
|---|
| 534 | 534 | | a district shall be held and used for the ultimate purpose of paying, directly or indirectly as472 |
|---|
| 535 | 535 | | permitted herein, all or part of the cost of any project, or for the purpose of refunding any473 |
|---|
| 536 | 536 | | bonds, notes, or other obligations issued in accordance hereunder.474 |
|---|
| 537 | 537 | | (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one475 |
|---|
| 538 | 538 | | or more purposes shall not preclude it from issuing other bonds, notes, or other obligations476 |
|---|
| 539 | 539 | | H. B. 1472 |
|---|
| 540 | 540 | | - 19 - 24 LC 47 2977 |
|---|
| 541 | 541 | | in connection with the same project or with any other project; but the proceeding wherein |
|---|
| 542 | 542 | | 477 |
|---|
| 543 | 543 | | any subsequent bonds, notes, or other obligations are issued shall recognize and protect any478 |
|---|
| 544 | 544 | | prior loan agreement, security agreement, or other agreement or instrument made for any479 |
|---|
| 545 | 545 | | prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such480 |
|---|
| 546 | 546 | | prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or481 |
|---|
| 547 | 547 | | other obligations on a parity with such prior issue.482 |
|---|
| 548 | 548 | | SECTION 13.483 |
|---|
| 549 | 549 | | Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia484 |
|---|
| 550 | 550 | | Securities Act of 1973"; notice, proceeding, publication, referendum.485 |
|---|
| 551 | 551 | | This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or486 |
|---|
| 552 | 552 | | issuance of bonds, notes, or other obligations by a district shall not be subject to regulation487 |
|---|
| 553 | 553 | | under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008." 488 |
|---|
| 554 | 554 | | No notice, proceeding, or publication, except those required hereby, shall be necessary to the489 |
|---|
| 555 | 555 | | performance of any act authorized hereby, nor shall any such act be subject to referendum.490 |
|---|
| 556 | 556 | | SECTION 14.491 |
|---|
| 557 | 557 | | Dissolution.492 |
|---|
| 558 | 558 | | (a) Any district activated under the provisions of this Act may be dissolved. The conditions493 |
|---|
| 559 | 559 | | for such dissolution shall be:494 |
|---|
| 560 | 560 | | (1) The adoption of a resolution approving of the dissolution of each community495 |
|---|
| 561 | 561 | | improvement district by the governing authority of Bartow County if wholly within the496 |
|---|
| 562 | 562 | | unincorporated area of Bartow County and such municipalities within which the district497 |
|---|
| 563 | 563 | | may be located if partially within the unincorporated area of Bartow County and partially498 |
|---|
| 564 | 564 | | H. B. 1472 |
|---|
| 565 | 565 | | - 20 - 24 LC 47 2977 |
|---|
| 566 | 566 | | within one or more municipalities, or by the governing authority of a municipality if |
|---|
| 567 | 567 | | 499 |
|---|
| 568 | 568 | | wholly within the incorporated area thereof; and500 |
|---|
| 569 | 569 | | (2) The written consent to the dissolution of the community improvement district by:501 |
|---|
| 570 | 570 | | (A) Two-thirds (67 percent) of the owners of real property within the district which are502 |
|---|
| 571 | 571 | | subject to taxes, fees, and assessments levied by the board of the district; and503 |
|---|
| 572 | 572 | | (B) The owners of real property constituting at least 75 percent by value of all real504 |
|---|
| 573 | 573 | | property within the district which are to be subject to taxes, fees, and assessments505 |
|---|
| 574 | 574 | | levied by the board and for this purpose value shall be determined by the most recent506 |
|---|
| 575 | 575 | | approved county ad valorem tax digest.507 |
|---|
| 576 | 576 | | The written consent provided for in this paragraph shall be submitted to the Bartow508 |
|---|
| 577 | 577 | | County Tax Commissioner, who shall certify whether subparagraphs (A) and (B) of this509 |
|---|
| 578 | 578 | | paragraph have been satisfied with respect to each proposed district dissolution.510 |
|---|
| 579 | 579 | | (b) At such time as the board determines appropriate within each six-year period following511 |
|---|
| 580 | 580 | | the creation of the district, the question shall be put before a caucus of electors as to whether512 |
|---|
| 581 | 581 | | or not to dissolve the district. Upon an affirmative vote of a majority of the electors present513 |
|---|
| 582 | 582 | | and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the514 |
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| 583 | 583 | | board shall send a ballot to each owner of property subject to taxes, fees, and assessments515 |
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| 584 | 584 | | levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the516 |
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| 585 | 585 | | dissolution from a majority of the property owners, who shall represent at least 75 percent517 |
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| 586 | 586 | | of the assessed value of said properties, the board shall request dissolution by the governing518 |
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| 587 | 587 | | authority and shall forward said ballots to the Bartow County Tax Commissioner for519 |
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| 588 | 588 | | certification.520 |
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| 589 | 589 | | (c) In the event that successful action is taken pursuant to this section to dissolve the district,521 |
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| 590 | 590 | | the dissolution shall become effective at such time as all debt obligations of the district have522 |
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| 591 | 591 | | been satisfied. Following a successful dissolution action and until the dissolution becomes523 |
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| 592 | 592 | | effective, no new projects may be undertaken, obligations or debts incurred, or property524 |
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| 593 | 593 | | acquired.525 |
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| 594 | 594 | | H. B. 1472 |
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| 595 | 595 | | - 21 - 24 LC 47 2977 |
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| 596 | 596 | | (d) Upon a successful dissolution action, all noncash assets of the district other than public |
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| 597 | 597 | | 526 |
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| 598 | 598 | | facilities or land or easements to be used for such public facilities, as described in Section 2527 |
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| 599 | 599 | | of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied528 |
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| 600 | 600 | | to the repayment of any debt or other obligations of the district. Any cash remaining after529 |
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| 601 | 601 | | all outstanding obligations are satisfied shall be refunded to each property owner in direct530 |
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| 602 | 602 | | proportion to the total amount in taxes, fees, or assessments paid by the property relative to531 |
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| 603 | 603 | | the total revenues paid by all properties in the district in the most recent tax year.532 |
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| 604 | 604 | | (e) When a dissolution becomes effective, the county governing authority, or the governing533 |
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| 605 | 605 | | authority of a municipality if wholly within the incorporated area thereof, shall take title to534 |
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| 606 | 606 | | all property previously in the ownership of the district and all taxes, fees, and assessments535 |
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| 607 | 607 | | of the district shall cease to be levied and collected.536 |
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| 608 | 608 | | (f) A district may be reactivated in the same manner as an original activation.537 |
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| 609 | 609 | | SECTION 15.538 |
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| 610 | 610 | | Repealer.539 |
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| 611 | 611 | | All laws and parts of laws in conflict with this Act are repealed.540 |
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| 612 | 612 | | H. B. 1472 |
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| 613 | 613 | | - 22 - |
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