| 5 | 5 | | By: Representatives Greene of the 154 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Sampson of the 153 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Yearta of the 152 |
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| 10 | 10 | | nd |
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| 11 | 11 | | , and |
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| 12 | 12 | | Cheokas of the 151 |
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| 13 | 13 | | st |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To provide for the creation of one or more community improvement districts in the City of |
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| 18 | 18 | | 1 |
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| 19 | 19 | | Albany; to provide for a short title; to provide for the purposes of such districts; to provide2 |
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| 20 | 20 | | for definitions; to provide for boards to administer such districts; to provide for appointment3 |
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| 21 | 21 | | or election of members of such boards; to provide for taxes, fees, and assessments; to provide4 |
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| 22 | 22 | | for the boundaries of such districts; to provide procedures for determining the specifications5 |
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| 23 | 23 | | for projects to be undertaken by the district and the manner of levying taxes, fees, and6 |
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| 24 | 24 | | assessments with respect thereto; to provide for the debt of such districts; to provide for7 |
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| 25 | 25 | | cooperation with local governments; to provide for powers of such boards; to provide for8 |
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| 26 | 26 | | general obligation bonds, notes, and other obligations of such districts; to provide for the9 |
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| 27 | 27 | | form of bonds, provisions for exchange and transfer, certificates of validation, and10 |
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| 28 | 28 | | specification of interest rates; to provide for definition of the terms "cost of the project" and11 |
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| 29 | 29 | | "cost of any project" as used in bond resolutions and elsewhere; to provide for authorized12 |
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| 30 | 30 | | contents of agreements and instruments of the boards generally; to provide for use of13 |
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| 31 | 31 | | proceeds of sale of bonds, notes, and other obligations; to provide for subsequent issues of14 |
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| 32 | 32 | | bonds, notes, and other obligations; to provide for construction; to provide that no notice,15 |
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| 33 | 33 | | proceeding, publication, or referendum shall be required; to provide the procedures16 |
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| 35 | 35 | | H. B. 160 |
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| 36 | 36 | | - 2 - |
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| 37 | 37 | | under certain conditions; to provide for related matters; to repeal conflicting laws; and for |
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| 38 | 38 | | 18 |
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| 39 | 39 | | other purposes.19 |
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| 40 | 40 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20 |
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| 41 | 41 | | SECTION 1.21 |
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| 42 | 42 | | Short title.22 |
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| 43 | 43 | | This Act shall be known and may be cited as the "City of Albany Community Improvement23 |
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| 44 | 44 | | Districts Act."24 |
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| 45 | 45 | | SECTION 2.25 |
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| 46 | 46 | | Purpose.26 |
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| 47 | 47 | | The purpose of this Act shall be to provide for the creation of one or more community27 |
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| 48 | 48 | | improvement districts within the City of Albany, and each such district shall be created for28 |
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| 49 | 49 | | the provision of the following governmental services and facilities as may be provided for29 |
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| 50 | 50 | | in the resolution activating such district created hereby. Such services and facilities shall be30 |
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| 51 | 51 | | one or more of:31 |
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| 52 | 52 | | (1) Street and road construction and maintenance, including curbs, sidewalks, street32 |
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| 53 | 53 | | lights, and devices to control the flow of traffic on streets and roads;33 |
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| 54 | 54 | | (2) Parks and recreational areas and facilities;34 |
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| 55 | 55 | | (3) Storm-water and sewage collection and disposal systems;35 |
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| 56 | 56 | | (4) Development, storage, treatment, purification, and distribution of water;36 |
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| 57 | 57 | | (5) Public transportation;37 |
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| 58 | 58 | | (6) Terminal and dock facilities and parking facilities; or38 |
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| 60 | 60 | | H. B. 160 |
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| 61 | 61 | | - 3 - |
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| 62 | 62 | | SECTION 3. |
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| 63 | 63 | | 40 |
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| 64 | 64 | | Definitions.41 |
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| 65 | 65 | | As used in this Act, the term:42 |
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| 66 | 66 | | (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or43 |
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| 67 | 67 | | use, including the growing of field crops and fruit or nut trees, the raising of livestock or44 |
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| 68 | 68 | | poultry, and the operation of dairies, horse boarding facilities, and riding stables.45 |
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| 69 | 69 | | (2) "Board" means the governing authority created for the governance of each46 |
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| 70 | 70 | | community improvement district authorized by this Act.47 |
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| 71 | 71 | | (3) "Bonds" or "general obligation bonds" means any bonds of a district which are48 |
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| 72 | 72 | | authorized to be issued under the Constitution and laws of Georgia, including refunding49 |
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| 73 | 73 | | bonds but not including notes or other obligations of a district.50 |
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| 74 | 74 | | (4) "Caucus of electors" means for the district, the meeting of electors provided for in51 |
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| 75 | 75 | | this Act at which board members of the district are elected.52 |
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| 76 | 76 | | (5) "Cost of the project" or "cost of any project" means and includes:53 |
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| 77 | 77 | | (A) All costs of acquisition by purchase or otherwise, construction, assembly,54 |
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| 78 | 78 | | installation, modification, renovation, or rehabilitation incurred in connection with any55 |
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| 79 | 79 | | project or any part of any project;56 |
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| 80 | 80 | | (B) All costs of real property, fixtures, or personal property used in or in connection57 |
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| 81 | 81 | | with or necessary for any project or for any facilities related thereto, including, but not58 |
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| 82 | 82 | | limited to, the cost of all land, estates for years, easements, rights, improvements, water59 |
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| 83 | 83 | | rights, connections for utility services, fees, franchises, permits, approvals, licenses, and60 |
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| 84 | 84 | | certificates; the cost of securing any such franchises, permits, approvals, licenses, or61 |
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| 85 | 85 | | certificates; and the cost of preparation of any application therefor and the cost of all62 |
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| 86 | 86 | | fixtures; machinery; equipment, including all transportation equipment and rolling63 |
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| 87 | 87 | | stock; furniture; and other property used in or in connection with or necessary for any64 |
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| 89 | 89 | | H. B. 160 |
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| 90 | 90 | | - 4 - |
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| 91 | 91 | | (C) All interest and other financing charges and loan fees and all interest on bonds, |
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| 92 | 92 | | 66 |
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| 93 | 93 | | notes, or other obligations of a district which accrue or are paid prior to and during the67 |
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| 94 | 94 | | period of construction of a project and during such additional period as the board may68 |
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| 95 | 95 | | reasonably determine to be necessary to place such project in operation;69 |
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| 96 | 96 | | (D) All costs of engineering, surveying, and architectural and legal services and all70 |
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| 97 | 97 | | expenses incurred by engineers, surveyors, architects, and attorneys in connection with71 |
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| 98 | 98 | | any project;72 |
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| 99 | 99 | | (E) All expenses for inspection of any project;73 |
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| 100 | 100 | | (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust74 |
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| 101 | 101 | | agreement, indenture of trust, or similar instrument or agreement; all expenses incurred75 |
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| 102 | 102 | | by any such fiscal agents, paying agents, and trustees; and all other costs and expenses76 |
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| 103 | 103 | | incurred relative to the issuance of any bonds, notes, or other obligations for any77 |
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| 104 | 104 | | projects;78 |
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| 105 | 105 | | (G) All expenses of or incidental to determining the feasibility or practicability of any79 |
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| 106 | 106 | | project;80 |
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| 107 | 107 | | (H) All costs of plans and specifications for any project;81 |
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| 108 | 108 | | (I) All costs of title insurance and examinations of title with respect to any project;82 |
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| 109 | 109 | | (J) Repayment of any loans made for the advance payment of any part of any of the83 |
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| 110 | 110 | | foregoing costs, including interest thereon and any other expenses of such loans;84 |
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| 111 | 111 | | (K) Administrative expenses of the board and such other expenses as may be necessary85 |
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| 112 | 112 | | for or incidental to any project or the financing thereof or the placing of any project in86 |
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| 113 | 113 | | operation;87 |
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| 114 | 114 | | (L) The establishment of a fund or funds for the creation of a debt service reserve, a88 |
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| 115 | 115 | | renewal and replacement reserve, or such other funds or reserves as the board may89 |
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| 116 | 116 | | approve with respect to the financing and operation of any project and as may be90 |
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| 118 | 118 | | H. B. 160 |
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| 119 | 119 | | - 5 - |
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| 120 | 120 | | instrument or agreement pursuant to the provisions of which the issuance of any bonds, |
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| 121 | 121 | | 92 |
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| 122 | 122 | | notes, or other obligations of the district may be authorized; and93 |
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| 123 | 123 | | (M) Any cost, obligation, or expense incurred for any of the foregoing purposes.94 |
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| 124 | 124 | | (6) "District" means the geographical area designated as such by the resolution of the95 |
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| 125 | 125 | | governing authority consenting to the creation of the community improvement district or96 |
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| 126 | 126 | | as thereafter modified pursuant to subsection (b) of Section 7 of this Act.97 |
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| 127 | 127 | | (7) "Electors" means the owners of real property used nonresidentially within the district98 |
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| 128 | 128 | | which is then subject to taxes, fees, and assessments levied by the board, as they appear99 |
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| 129 | 129 | | on the most recent ad valorem real property tax return records of Dougherty County, or100 |
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| 130 | 130 | | one officer or director of a corporate elector, one trustee of a trust which is an elector, one101 |
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| 131 | 131 | | partner of a partnership elector, or one designated representative of an elector whose102 |
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| 132 | 132 | | designation is made in writing. An owner of property subject to taxes, fees, or103 |
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| 133 | 133 | | assessments levied by the board shall have one vote for an election based on numerical104 |
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| 134 | 134 | | majority. An owner of multiple parcels has one vote, not one vote per parcel, for an105 |
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| 135 | 135 | | election based on numerical majority. Multiple owners of one parcel have one vote for106 |
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| 136 | 136 | | elections based on numerical majority.107 |
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| 137 | 137 | | (8) "Equitably apportioned among the properties subject to such taxes, fees, and108 |
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| 138 | 138 | | assessments according to the need for governmental services and facilities created by the109 |
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| 139 | 139 | | degree of density of development of each such property," with reference to taxes, fees,110 |
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| 140 | 140 | | and assessments levied by the board, means that the burden of the taxes, fees, and111 |
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| 141 | 141 | | assessments shall be apportioned among the properties subject thereto based upon the112 |
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| 142 | 142 | | values established in the most recent ad valorem tax reassessment of such properties113 |
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| 143 | 143 | | certified by the chairperson of the Dougherty County Board of Tax Assessors or may be114 |
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| 144 | 144 | | apportioned among the properties subject thereto in direct or approximate proportion to115 |
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| 145 | 145 | | the receipt of services or benefits derived from the improvements or other activities for116 |
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| 146 | 146 | | which the taxes, fees, or assessments are to be expended or may be apportioned in any117 |
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| 148 | 148 | | H. B. 160 |
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| 149 | 149 | | - 6 - |
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| 150 | 150 | | not limited to, the recognition of differential benefits which may reasonably be expected |
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| 151 | 151 | | 119 |
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| 152 | 152 | | to accrue to new land development in contrast to lands and improvements already in120 |
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| 153 | 153 | | existence at the time of creation of the community improvement district.121 |
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| 154 | 154 | | (9) "Forestry" means the planting and growing of trees for sale in a program that includes122 |
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| 155 | 155 | | reforestation of harvested trees, regular underbrush and undesirable growth clearing,123 |
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| 156 | 156 | | fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming124 |
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| 157 | 157 | | operation; it does not include the casual growing of trees on land otherwise idle or held125 |
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| 158 | 158 | | for investment, even though some harvesting of trees may occur thereon.126 |
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| 159 | 159 | | (10) "Project" means the acquisition, construction, installation, modification, renovation,127 |
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| 160 | 160 | | rehabilitation, or operation of land; interests in land, buildings, structures, facilities, or128 |
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| 161 | 161 | | other improvements located or to be located within or otherwise providing service to the129 |
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| 162 | 162 | | district; and the acquisition, installation, modification, renovation, rehabilitation, or130 |
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| 163 | 163 | | furnishing of fixtures, machinery, equipment, furniture, or other property of any nature131 |
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| 164 | 164 | | whatsoever used on, in, or in connection with any such land, interest in land, building,132 |
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| 165 | 165 | | structure, facility, or other improvement, for all the essential public purposes set forth in133 |
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| 166 | 166 | | Section 2 of this Act.134 |
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| 167 | 167 | | (11) "Property owner" or "owner of real property" means any entity or person shown as135 |
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| 168 | 168 | | a taxpayer for one or more parcels of real estate on the most recent ad valorem tax136 |
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| 169 | 169 | | records of Dougherty County within the district. Ownership as shown by the most recent137 |
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| 170 | 170 | | ad valorem tax records of Dougherty County shall serve as prima-facie proof of138 |
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| 171 | 171 | | ownership. Multiple owners of one parcel shall constitute one property owner and shall139 |
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| 172 | 172 | | designate in writing one of their number to represent the whole.140 |
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| 173 | 173 | | (12) "Property used nonresidentially" means property or any portion thereof used for141 |
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| 174 | 174 | | neighborhood shopping, planned shopping centers, general commercial, transient lodging142 |
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| 175 | 175 | | facilities, tourist services, office or institutional, office services, light industry, heavy143 |
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| 177 | 177 | | H. B. 160 |
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| 178 | 178 | | - 7 - |
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| 179 | 179 | | as vacant land zoned or approved for any of the uses listed in this paragraph which does |
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| 180 | 180 | | 145 |
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| 181 | 181 | | not include residential.146 |
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| 182 | 182 | | (13) "Residential" means a specific work or improvement undertaken primarily to147 |
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| 183 | 183 | | provide single-family or multifamily dwelling accommodations for persons and families148 |
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| 184 | 184 | | and such community facilities as may be incidental or appurtenant thereto.149 |
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| 185 | 185 | | (14) "Taxpayer" means any entity or person paying ad valorem taxes on real property,150 |
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| 186 | 186 | | whether on one or more parcels of property within the district. Multiple owners of one151 |
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| 187 | 187 | | parcel shall constitute one taxpayer and shall designate in writing one of their number to152 |
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| 188 | 188 | | represent the whole.153 |
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| 189 | 189 | | SECTION 4.154 |
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| 190 | 190 | | Creation.155 |
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| 191 | 191 | | (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there are156 |
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| 192 | 192 | | created one or more community improvement districts to be located in the City of Albany,157 |
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| 193 | 193 | | wholly within the incorporated area thereof, each of which shall be activated upon158 |
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| 194 | 194 | | compliance with the conditions provided in this Act and which shall be governed by a board159 |
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| 195 | 195 | | as constituted pursuant to this Act. The conditions for such activation shall be:160 |
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| 196 | 196 | | (1) The adoption of a resolution consenting to the creation of each community161 |
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| 197 | 197 | | improvement district by the governing authority of the City of Albany; and162 |
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| 198 | 198 | | (2) Written consent to the creation of the community improvement district by:163 |
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| 199 | 199 | | (A) A majority of the owners of real property within the district which will be subject164 |
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| 200 | 200 | | to taxes, fees, and assessments levied by the board of the district; and165 |
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| 201 | 201 | | (B) The owners of real property within the district which constitutes at least 75 percent166 |
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| 202 | 202 | | by value of all real property within the district which will be subject to taxes, fees, and167 |
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| 203 | 203 | | assessments levied by the board and for this purpose, value shall be determined by the168 |
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| 205 | 205 | | H. B. 160 |
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| 206 | 206 | | - 8 - |
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| 207 | 207 | | (b) The written consents provided for in paragraph (2) of subsection (a) of this section shall |
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| 208 | 208 | | 170 |
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| 209 | 209 | | be submitted to the Dougherty County tax commissioner, who shall certify whether171 |
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| 210 | 210 | | paragraph (2) of subsection (a) of this section has been satisfied with respect to each such172 |
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| 211 | 211 | | proposed district.173 |
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| 212 | 212 | | (c) No district or board created under this Act shall transact any business or exercise any174 |
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| 213 | 213 | | powers under this Act until the foregoing conditions of this section are met. A copy of such175 |
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| 214 | 214 | | resolutions shall be filed with the Secretary of State, who shall maintain a record of all176 |
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| 215 | 215 | | districts activated under this Act, and a second copy shall be filed with the Department of177 |
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| 216 | 216 | | Community Affairs.178 |
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| 217 | 217 | | SECTION 5.179 |
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| 218 | 218 | | Administration, appointment, and election of board members.180 |
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| 219 | 219 | | (a)(1) Each district created pursuant to this Act shall be administered by a board181 |
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| 220 | 220 | | composed of five members as follows:182 |
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| 221 | 221 | | (A) The mayor of the City of Albany, or a person appointed by said mayor, who shall183 |
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| 222 | 222 | | serve on Post 1;184 |
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| 223 | 223 | | (B) A member of city council of the City of Albany, other than the mayor, or a person185 |
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| 224 | 224 | | appointed by a majority vote of said city council members, who shall serve on Post 2;186 |
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| 225 | 225 | | and187 |
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| 226 | 226 | | (C) Three persons elected by a majority vote of the electors, who shall serve on Posts188 |
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| 227 | 227 | | 3, 4, and 5. The initial term of office for the member serving on Post 3 shall be one189 |
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| 228 | 228 | | year, and the initial terms of office of the members serving on Posts 4 and 5 shall be190 |
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| 229 | 229 | | two years. Thereafter, the terms of the members serving on Posts 3, 4, and 5 shall be191 |
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| 230 | 230 | | two years.192 |
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| 231 | 231 | | (2) Members appointed by elected officials to Posts 1 or 2 shall serve at the pleasure of193 |
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| 233 | 233 | | H. B. 160 |
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| 234 | 234 | | - 9 - |
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| 235 | 235 | | (b) The initial board members to be elected by the electors as provided in subsection (a) of |
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| 236 | 236 | | 195 |
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| 237 | 237 | | this section shall be elected in a caucus of electors, which shall be held within 90 days after196 |
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| 238 | 238 | | the adoption of the resolutions and obtaining of the written consents provided for in this Act197 |
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| 239 | 239 | | at such time and place within the district as the governing authority of the City of Albany198 |
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| 240 | 240 | | shall designate after notice thereof shall have been given to said electors by publishing notice199 |
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| 241 | 241 | | in the legal organ of Dougherty County at least once each week for four weeks prior to such200 |
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| 242 | 242 | | meeting. A quorum at such caucus shall consist of those electors present, and a majority of201 |
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| 243 | 243 | | those present and voting is necessary to elect board members. No proxy votes may be cast.202 |
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| 244 | 244 | | The mayor of the City of Albany or the mayor's designee shall convene the initial caucus of203 |
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| 245 | 245 | | electors. Thereafter, there shall be conducted annually, not later than 60 days following the204 |
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| 246 | 246 | | last day for filing ad valorem real property tax returns in Dougherty County, a caucus of such205 |
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| 247 | 247 | | electors, as appropriate, at such time and place within the district as the board shall designate206 |
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| 248 | 248 | | in such notice for the purpose of electing board members to Posts 3, 4, and 5, for those207 |
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| 249 | 249 | | positions which have terms expiring or are vacant, as appropriate. If a vacancy occurs in an208 |
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| 250 | 250 | | elected position on the board, the board shall, within 60 days thereafter, call a special election209 |
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| 251 | 251 | | to fill the same to be held within 60 days of the call unless such vacancy occurs within 180210 |
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| 252 | 252 | | days of the next regularly scheduled election, in which case a special election may, but need211 |
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| 253 | 253 | | not, be called.212 |
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| 254 | 254 | | (c) The elected board members shall be subject to recall as any other elected public official213 |
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| 255 | 255 | | by the electors.214 |
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| 256 | 256 | | (d) The board members shall receive no compensation for their services but shall be215 |
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| 257 | 257 | | reimbursed for actual expenses incurred in the performance of their duties. They shall elect216 |
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| 258 | 258 | | one of their members as chairperson and another as vice chairperson and shall also elect a217 |
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| 259 | 259 | | secretary and a treasurer or a secretary-treasurer, either of whom may, but need not, be a218 |
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| 261 | 261 | | H. B. 160 |
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| 262 | 262 | | - 10 - |
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| 263 | 263 | | (e) Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' shall not apply to the |
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| 264 | 264 | | 220 |
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| 265 | 265 | | election of district board members. Any district board may adopt such bylaws not221 |
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| 266 | 266 | | inconsistent herewith to provide for any matter concerning such elections.222 |
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| 267 | 267 | | SECTION 6.223 |
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| 268 | 268 | | Taxes, fees, and assessments.224 |
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| 269 | 269 | | (a) The board may levy taxes, fees, and assessments within the district only on real property225 |
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| 270 | 270 | | used nonresidentially, specifically excluding all property exempt from ad valorem taxation226 |
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| 271 | 271 | | under the Constitution or laws of the State of Georgia; all property used for residential,227 |
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| 272 | 272 | | agricultural, or forestry purposes; and all tangible personal property and intangible property.228 |
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| 273 | 273 | | Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the aggregate assessed229 |
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| 274 | 274 | | value of all such real property. The taxes, fees, and assessments levied by the board shall be230 |
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| 275 | 275 | | equitably apportioned among the properties subject to such taxes, fees, and assessments,231 |
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| 276 | 276 | | according to the need for governmental services and facilities created by the degree of232 |
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| 277 | 277 | | density of development of each such property. The proceeds of taxes, fees, and assessments233 |
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| 278 | 278 | | levied by the board shall be used only for the purpose of providing governmental services234 |
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| 279 | 279 | | and facilities which are specially required by the degree of density of development within the235 |
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| 280 | 280 | | applicable district and not for the purpose of providing those governmental services and236 |
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| 281 | 281 | | facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so237 |
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| 282 | 282 | | levied shall be collected by Dougherty County in the same manner as taxes, fees, and238 |
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| 283 | 283 | | assessments are levied by the county. Delinquent taxes shall bear the same interest and239 |
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| 284 | 284 | | penalties as Dougherty County ad valorem taxes and may be enforced and collected in the240 |
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| 285 | 285 | | same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the241 |
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| 286 | 286 | | costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar242 |
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| 287 | 287 | | year, shall be transmitted by Dougherty County to the board and shall be expended by the243 |
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| 289 | 289 | | H. B. 160 |
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| 290 | 290 | | - 11 - |
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| 291 | 291 | | (b) The board shall levy the taxes, fees, and assessments provided for in subsection (a) of |
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| 292 | 292 | | 245 |
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| 293 | 293 | | this section subsequent to the report of the assessed taxable values for the current calendar246 |
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| 294 | 294 | | year and shall notify in writing the collecting governing authority so it may include the levy247 |
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| 295 | 295 | | on its regular ad valorem tax bills. The proceeds of taxes, fees, and assessments so levied,248 |
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| 296 | 296 | | less the fee to cover the costs of collection as specified in subsection (a) of this section, shall249 |
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| 297 | 297 | | be transmitted by the collecting governing authority to the board and shall be expended by250 |
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| 298 | 298 | | the board only for the purposes authorized by this Act.251 |
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| 299 | 299 | | (c) If, but for this provision, a parcel of real property is removed from a district or otherwise252 |
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| 300 | 300 | | would become nontaxable, it shall continue to bear its tax millage, then extant upon such253 |
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| 301 | 301 | | event for bonded indebtedness of the district then outstanding, until the bonded indebtedness254 |
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| 302 | 302 | | then outstanding is paid or refunded.255 |
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| 303 | 303 | | (d) Each property owner paying taxes, fees, or assessments levied by the board for any256 |
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| 304 | 304 | | public facility as set forth in Section 2 of this Act may receive a credit equal to the present257 |
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| 305 | 305 | | value of all such taxes, fees, and assessments toward any impact fee as may be levied by the258 |
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| 306 | 306 | | City of Albany against such property for system improvements which are in the same259 |
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| 307 | 307 | | category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A.,260 |
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| 308 | 308 | | the 'Georgia Development Impact Fee Act.' Application for such development impact fee261 |
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| 309 | 309 | | credit may be granted by legislative action of the governing authority of the City of Albany262 |
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| 310 | 310 | | in its discretion.263 |
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| 311 | 311 | | SECTION 7.264 |
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| 312 | 312 | | Boundaries of the districts.265 |
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| 313 | 313 | | (a) The boundaries of each district shall be as designated as such by the governing authority266 |
|---|
| 314 | 314 | | of the City of Albany and shall lie wholly within the incorporated area of the City of Albany267 |
|---|
| 315 | 315 | | as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added268 |
|---|
| 317 | 317 | | H. B. 160 |
|---|
| 318 | 318 | | - 12 - |
|---|
| 319 | 319 | | (b) The boundaries of a district may be increased after the initial creation of a district |
|---|
| 320 | 320 | | 270 |
|---|
| 321 | 321 | | pursuant to the following:271 |
|---|
| 322 | 322 | | (1) Written consent of a majority of the owners of real property within the area sought272 |
|---|
| 323 | 323 | | to be annexed into the district and which will be subject to taxes, fees, and assessments273 |
|---|
| 324 | 324 | | levied by the board of the district is first obtained;274 |
|---|
| 325 | 325 | | (2) Written consent of owners of real property within the area sought to be annexed into275 |
|---|
| 326 | 326 | | the district which constitutes at least 75 percent by value of all real property within the276 |
|---|
| 327 | 327 | | area sought to be annexed into the district which will be subject to taxes, fees, and277 |
|---|
| 328 | 328 | | assessments levied by the board and, for this purpose, value shall be determined by the278 |
|---|
| 329 | 329 | | most recent approved county ad valorem tax digest;279 |
|---|
| 330 | 330 | | (3) The adoption of a resolution consenting to the annexation by the board of the district;280 |
|---|
| 331 | 331 | | and281 |
|---|
| 332 | 332 | | (4) The adoption of a resolution consenting to the annexation by the governing authority282 |
|---|
| 333 | 333 | | of the City of Albany.283 |
|---|
| 334 | 334 | | SECTION 8.284 |
|---|
| 335 | 335 | | Debt.285 |
|---|
| 336 | 336 | | Each district may incur debt without regard to the requirements of Article IX, Section V, of286 |
|---|
| 337 | 337 | | the Constitution of Georgia, or any other provision of law prohibiting or restricting the287 |
|---|
| 338 | 338 | | borrowing of money or the creation of debt by political subdivisions of the State of Georgia,288 |
|---|
| 339 | 339 | | and the debt shall be backed by the full faith, credit, and taxing power of the district, but shall289 |
|---|
| 340 | 340 | | not be an obligation of the State of Georgia, the City of Albany, or any other unit of290 |
|---|
| 342 | 342 | | H. B. 160 |
|---|
| 343 | 343 | | - 13 - |
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| 344 | 344 | | SECTION 9. |
|---|
| 345 | 345 | | 292 |
|---|
| 346 | 346 | | Cooperation with local governments.293 |
|---|
| 347 | 347 | | The services and facilities provided pursuant to this Act shall be provided for in a294 |
|---|
| 348 | 348 | | cooperation agreement executed jointly by the board and the governing authority of the City295 |
|---|
| 349 | 349 | | of Albany. The provisions of this section shall in no way limit the authority of the City of296 |
|---|
| 350 | 350 | | Albany to provide services or facilities within the district; and the City of Albany shall retain297 |
|---|
| 351 | 351 | | full and complete authority and control over any of its facilities located within its respective298 |
|---|
| 352 | 352 | | areas of any district. Such control shall include, but not be limited to, the modification of,299 |
|---|
| 353 | 353 | | access to, and degree and type of services provided through or by facilities of the300 |
|---|
| 354 | 354 | | municipality. Nothing contained in this section shall be construed to limit or preempt the301 |
|---|
| 355 | 355 | | application of any governmental laws, ordinances, resolutions, or regulations to the district302 |
|---|
| 356 | 356 | | or the services or facilities provided within the district.303 |
|---|
| 357 | 357 | | SECTION 10.304 |
|---|
| 358 | 358 | | Powers.305 |
|---|
| 359 | 359 | | (a) Each district and its board created pursuant to this Act shall have all of the powers306 |
|---|
| 360 | 360 | | necessary or convenient to carry out and effectuate the purposes and provisions of this Act,307 |
|---|
| 361 | 361 | | including, without limiting the generality of the foregoing, the power:308 |
|---|
| 362 | 362 | | (1) To bring and defend actions;309 |
|---|
| 363 | 363 | | (2) To adopt and amend a corporate seal;310 |
|---|
| 364 | 364 | | (3) To make and execute contracts, agreements, and other instruments necessary or311 |
|---|
| 365 | 365 | | convenient to exercise the powers of the board or to further the public purposes for which312 |
|---|
| 366 | 366 | | the district is created, including, but not limited to, contracts for construction of projects,313 |
|---|
| 367 | 367 | | leases of projects, contracts for sale of projects, agreements for loans to finance projects,314 |
|---|
| 369 | 369 | | H. B. 160 |
|---|
| 370 | 370 | | - 14 - |
|---|
| 371 | 371 | | community improvement districts regarding multijurisdictional projects or services or for |
|---|
| 372 | 372 | | 316 |
|---|
| 373 | 373 | | other cooperative endeavors to further the public purposes of the district;317 |
|---|
| 374 | 374 | | (4) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real318 |
|---|
| 375 | 375 | | and personal property of every kind and character, or any interest therein, in furtherance319 |
|---|
| 376 | 376 | | of the public purposes of the district;320 |
|---|
| 377 | 377 | | (5) To finance by loan, grant, lease, or otherwise, and to construct, erect, assemble,321 |
|---|
| 378 | 378 | | purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend,322 |
|---|
| 379 | 379 | | improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the323 |
|---|
| 380 | 380 | | cost of any project from the proceeds of bonds, notes, or other obligations of the district324 |
|---|
| 381 | 381 | | or any other funds of the district, or from any contributions or loans by persons,325 |
|---|
| 382 | 382 | | corporations, partnerships, whether limited or general, or other entities, all of which the326 |
|---|
| 383 | 383 | | board is authorized to receive, accept, and use;327 |
|---|
| 384 | 384 | | (6) To borrow money to further or carry out its public purposes and to execute bonds,328 |
|---|
| 385 | 385 | | notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale329 |
|---|
| 386 | 386 | | of its bonds, notes, or other obligations, loan agreements, security agreements,330 |
|---|
| 387 | 387 | | assignments, and such other agreements or instruments as may be necessary or desirable,331 |
|---|
| 388 | 388 | | in the judgment of the board, to evidence and to provide security for such borrowing;332 |
|---|
| 389 | 389 | | (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof333 |
|---|
| 390 | 390 | | for the purpose of paying or reimbursing all or any part of the cost of any project and334 |
|---|
| 391 | 391 | | otherwise to further or carry out the public purposes of the district and to pay all costs of335 |
|---|
| 392 | 392 | | the board incidental to, or necessary and appropriate to, furthering or carrying out such336 |
|---|
| 393 | 393 | | purposes;337 |
|---|
| 394 | 394 | | (8) To make application directly or indirectly to any federal, state, county, or municipal338 |
|---|
| 395 | 395 | | government or agency or to any other source, whether public or private, for loans, grants,339 |
|---|
| 396 | 396 | | guarantees, or other financial assistance in furtherance of the district's public purposes340 |
|---|
| 397 | 397 | | and to accept and use the same upon such terms and conditions as are prescribed by such341 |
|---|
| 399 | 399 | | H. B. 160 |
|---|
| 400 | 400 | | - 15 - |
|---|
| 401 | 401 | | (9) To enter into agreements with the federal government or any agency thereof to use |
|---|
| 402 | 402 | | 343 |
|---|
| 403 | 403 | | the facilities or services of the federal government or any agency thereof in order to344 |
|---|
| 404 | 404 | | further or carry out the public purposes of the district;345 |
|---|
| 405 | 405 | | (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state346 |
|---|
| 406 | 406 | | institutions, or any municipal corporation, county, or political subdivision of this state for347 |
|---|
| 407 | 407 | | the use by the district of any facilities or services of the state or any such state institution,348 |
|---|
| 408 | 408 | | municipal corporation, county, or political subdivision of this state, or for the use by any349 |
|---|
| 409 | 409 | | state institution or any municipal corporation, county, or political subdivision of the state350 |
|---|
| 410 | 410 | | of any facilities or services of the district, provided that such contracts shall deal with351 |
|---|
| 411 | 411 | | such activities and transactions as the district and any such political subdivision with352 |
|---|
| 412 | 412 | | which the district contracts are authorized by law to undertake;353 |
|---|
| 413 | 413 | | (11) To receive and use the proceeds of any tax levied by any county or any municipal354 |
|---|
| 414 | 414 | | corporation to pay the costs of any project or for any other purpose for which the board355 |
|---|
| 415 | 415 | | may use its own funds pursuant to this Act;356 |
|---|
| 416 | 416 | | (12) To receive and administer gifts, grants, and devises of money and property of any357 |
|---|
| 417 | 417 | | kind and to administer trusts;358 |
|---|
| 418 | 418 | | (13) To use any real property, personal property, or fixtures, or any interest therein, or359 |
|---|
| 419 | 419 | | to rent or lease such property to or from others or make contracts with respect to the use360 |
|---|
| 420 | 420 | | thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or361 |
|---|
| 421 | 421 | | grant options for any such property in any manner for the advantage of the district and362 |
|---|
| 422 | 422 | | the public purposes thereof;363 |
|---|
| 423 | 423 | | (14) To appoint, select, and employ engineers, surveyors, architects, urban or city364 |
|---|
| 424 | 424 | | planners, fiscal agents, attorneys, and others, and to fix their compensation and pay their365 |
|---|
| 425 | 425 | | expenses;366 |
|---|
| 426 | 426 | | (15) To encourage and promote the improvement and development of the district and to367 |
|---|
| 427 | 427 | | make, contract for, or otherwise cause to be made long-range plans or proposals for the368 |
|---|
| 429 | 429 | | H. B. 160 |
|---|
| 430 | 430 | | - 16 - |
|---|
| 431 | 431 | | (16) To adopt bylaws governing the conduct of business by the board, the election and |
|---|
| 432 | 432 | | 370 |
|---|
| 433 | 433 | | duties of officers of the board, and other matters as the board considers appropriate for371 |
|---|
| 434 | 434 | | the bylaws;372 |
|---|
| 435 | 435 | | (17) To invest its funds, whether derived from the issuance of bonds or otherwise, in373 |
|---|
| 436 | 436 | | such manner as it may deem prudent and appropriate;374 |
|---|
| 437 | 437 | | (18) To exercise any power granted by the laws of this state to public or private375 |
|---|
| 438 | 438 | | corporations which is not in conflict with the public purposes of the district; and376 |
|---|
| 439 | 439 | | (19) To do all things necessary or convenient to carry out the powers conferred by this377 |
|---|
| 440 | 440 | | Act.378 |
|---|
| 441 | 441 | | (b) The powers enumerated in this section are cumulative of and in addition to those powers379 |
|---|
| 442 | 442 | | enumerated elsewhere in this Act; and no such power shall limit or restrict any other power380 |
|---|
| 443 | 443 | | of the board.381 |
|---|
| 444 | 444 | | (c) The powers enumerated in this section are conferred for an essential governmental382 |
|---|
| 445 | 445 | | function for a public purpose, and the revenues and debt of any district are not subject to383 |
|---|
| 446 | 446 | | taxation.384 |
|---|
| 447 | 447 | | SECTION 11.385 |
|---|
| 448 | 448 | | Bonds - generally.386 |
|---|
| 449 | 449 | | (a) Notes or other obligations issued by a district, other than general obligation bonds, shall387 |
|---|
| 450 | 450 | | be paid solely from the property pledged to pay such notes or other obligations. General388 |
|---|
| 451 | 451 | | obligation bonds issued by any district shall constitute a general obligation of the district to389 |
|---|
| 452 | 452 | | the repayment of which the full faith, credit, and taxing power of the district shall be pledged.390 |
|---|
| 453 | 453 | | (b) All bonds, notes, and other obligations of any district shall be authorized by resolution391 |
|---|
| 454 | 454 | | of its board, adopted by a majority vote of the board members at a regular or special meeting.392 |
|---|
| 455 | 455 | | (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time393 |
|---|
| 457 | 457 | | H. B. 160 |
|---|
| 458 | 458 | | - 17 - |
|---|
| 459 | 459 | | or rates which may be fixed or may fluctuate or otherwise change from time to time, shall |
|---|
| 460 | 460 | | 395 |
|---|
| 461 | 461 | | be subject to redemption on such terms, and shall contain such other terms, provisions,396 |
|---|
| 462 | 462 | | covenants, assignments, and conditions as the resolution authorizing the issuance of such397 |
|---|
| 463 | 463 | | bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants,398 |
|---|
| 464 | 464 | | assignments, and conditions contained in or provided or permitted by any resolution of the399 |
|---|
| 465 | 465 | | board authorizing the issuance of such bonds, notes, or other obligations shall bind the board400 |
|---|
| 466 | 466 | | members of the district then in office and their successors.401 |
|---|
| 467 | 467 | | (d) The board shall have power from time to time, and whenever it deems it expedient, to402 |
|---|
| 468 | 468 | | refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded403 |
|---|
| 469 | 469 | | have matured, and may issue bonds partly to refund bonds then outstanding and partly for404 |
|---|
| 470 | 470 | | any other purpose permitted by this Act. The refunding bonds may be exchanged for the405 |
|---|
| 471 | 471 | | bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and406 |
|---|
| 472 | 472 | | the proceeds applied to the purchase or redemption of the bonds to be refunded.407 |
|---|
| 473 | 473 | | (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates408 |
|---|
| 474 | 474 | | on any bonds, notes, or other obligations of the district; and the usury laws of this state shall409 |
|---|
| 475 | 475 | | not apply to bonds, notes, or other obligations of these districts.410 |
|---|
| 476 | 476 | | (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both411 |
|---|
| 477 | 477 | | coupon and fully registered, and may be subject to such exchangeability and transferability412 |
|---|
| 478 | 478 | | provisions as the bond resolution authorizing the issuance of such bonds or any indenture or413 |
|---|
| 479 | 479 | | trust agreement may provide.414 |
|---|
| 480 | 480 | | (g) Bonds issued by a district shall be validated under and in accordance with Article 3 of415 |
|---|
| 481 | 481 | | Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance416 |
|---|
| 482 | 482 | | with such other successor provision governing bond validation generally as may be provided417 |
|---|
| 483 | 483 | | by law. The signature of the clerk of the Superior Court of Dougherty County shall be made418 |
|---|
| 484 | 484 | | on the certificate of validation of such bonds by facsimile or by manual execution, stating the419 |
|---|
| 485 | 485 | | date on which such bonds were validated, and such entry shall be original evidence of the420 |
|---|
| 487 | 487 | | H. B. 160 |
|---|
| 488 | 488 | | - 18 - |
|---|
| 489 | 489 | | (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the |
|---|
| 490 | 490 | | 422 |
|---|
| 491 | 491 | | principal amount and maturities of such bonds, the notice to the district attorney or the423 |
|---|
| 492 | 492 | | Attorney General, and the notice to the public of the time, place, and date of the validation424 |
|---|
| 493 | 493 | | hearing, and the petition and complaint for validation may state that the bonds when issued425 |
|---|
| 494 | 494 | | will bear interest at a rate not exceeding a maximum per annum rate of interest, which may426 |
|---|
| 495 | 495 | | be fixed or may fluctuate or otherwise change from time to time, and that the principal427 |
|---|
| 496 | 496 | | amount will not exceed and the final maturity date will not be later than as specified in such428 |
|---|
| 497 | 497 | | notices and petition and complaint; or the notice or notices may state that, in the event the429 |
|---|
| 498 | 498 | | bonds are to bear different rates of interest for different maturity dates, none of such rates430 |
|---|
| 499 | 499 | | will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change431 |
|---|
| 500 | 500 | | from time to time, as so specified; provided, however, that nothing in this section shall be432 |
|---|
| 501 | 501 | | construed as prohibiting or restricting the right of a board to sell such bonds at a discount,433 |
|---|
| 502 | 502 | | even if in doing so, the effective interest cost resulting therefrom would exceed the maximum434 |
|---|
| 503 | 503 | | per annum interest rate specified in such notices and in the petition and complaint.435 |
|---|
| 504 | 504 | | (i) The terms "cost of the project" and "cost of any project" shall have the meaning436 |
|---|
| 505 | 505 | | prescribed by this Act whenever those terms are referred to in bond resolutions of a board;437 |
|---|
| 506 | 506 | | in bonds, notes, or other obligations of the districts; or in notices of proceedings to validate438 |
|---|
| 507 | 507 | | such bonds of a district.439 |
|---|
| 508 | 508 | | SECTION 12.440 |
|---|
| 509 | 509 | | Authorized contents of agreements and instruments of the board generally; use of441 |
|---|
| 510 | 510 | | proceeds of sale of bonds, notes, and other obligations; subsequent442 |
|---|
| 511 | 511 | | issues of bonds, notes, and other obligations.443 |
|---|
| 512 | 512 | | (a) Subject to the limitations and procedures provided by this section and Section 11 of this444 |
|---|
| 513 | 513 | | Act, the agreements or instruments executed by a board may contain such provisions not445 |
|---|
| 515 | 515 | | H. B. 160 |
|---|
| 516 | 516 | | - 19 - |
|---|
| 517 | 517 | | (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by |
|---|
| 518 | 518 | | 447 |
|---|
| 519 | 519 | | a district shall be held and used for the ultimate purpose of paying, directly or indirectly as448 |
|---|
| 520 | 520 | | permitted by this Act, all or part of the cost of any project, or for the purpose of refunding449 |
|---|
| 521 | 521 | | any bonds, notes, or other obligations issued in accordance with this Act.450 |
|---|
| 522 | 522 | | (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one451 |
|---|
| 523 | 523 | | or more purposes shall not preclude it from issuing other bonds, notes, or obligations in452 |
|---|
| 524 | 524 | | connection with the same project or with any other project; but the proceeding wherein any453 |
|---|
| 525 | 525 | | subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior454 |
|---|
| 526 | 526 | | loan agreement, security agreement, or other agreement or instrument made for any prior455 |
|---|
| 527 | 527 | | issue of bonds, notes, or other obligations, unless, in the resolution authorizing such prior456 |
|---|
| 528 | 528 | | issue, the right is expressly reserved to the board to issue subsequent bonds, notes, or other457 |
|---|
| 529 | 529 | | obligations on a parity with such prior issue.458 |
|---|
| 530 | 530 | | SECTION 13.459 |
|---|
| 531 | 531 | | Construction; notice, proceeding, publication, referendum.460 |
|---|
| 532 | 532 | | This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding,461 |
|---|
| 533 | 533 | | or publication, except those required by this Act, shall be necessary to the performance of462 |
|---|
| 534 | 534 | | any act authorized by this Act, nor shall any such act be subject to referendum.463 |
|---|
| 535 | 535 | | SECTION 14.464 |
|---|
| 536 | 536 | | Dissolution.465 |
|---|
| 537 | 537 | | (a)(1) Any district activated under the provisions of this Act may be dissolved.466 |
|---|
| 538 | 538 | | (2) The conditions for such dissolution shall be:467 |
|---|
| 539 | 539 | | (A) The adoption of a resolution approving of the dissolution of such community468 |
|---|
| 541 | 541 | | H. B. 160 |
|---|
| 542 | 542 | | - 20 - |
|---|
| 543 | 543 | | (B) The written consent to the dissolution of the community improvement district by: |
|---|
| 544 | 544 | | 470 |
|---|
| 545 | 545 | | (i) Two-thirds of the owners of real property within the district which are subject to471 |
|---|
| 546 | 546 | | taxes, fees, and assessments levied by the board of the district; and472 |
|---|
| 547 | 547 | | (ii) The owners of real property constituting at least 75 percent by value of all real473 |
|---|
| 548 | 548 | | property within the district which are subject to taxes, fees, and assessments levied474 |
|---|
| 549 | 549 | | by the board. For this purpose, value shall be determined by the most recent approved475 |
|---|
| 550 | 550 | | county ad valorem tax digest.476 |
|---|
| 551 | 551 | | (3) The written consent provided for in subparagraph (B) of paragraph (2) of this477 |
|---|
| 552 | 552 | | subsection shall be submitted to the Dougherty County tax commissioner, who shall478 |
|---|
| 553 | 553 | | certify whether subparagraph (B) of paragraph (2) of this subsection has been satisfied479 |
|---|
| 554 | 554 | | with respect to each proposed district dissolution.480 |
|---|
| 555 | 555 | | (b) In the event that successful action is taken pursuant to this section to dissolve the district,481 |
|---|
| 556 | 556 | | the dissolution shall become effective at such time as all debt obligations of the district have482 |
|---|
| 557 | 557 | | been satisfied. Following a successful dissolution action and until the dissolution becomes483 |
|---|
| 558 | 558 | | effective, no new projects may be undertaken, obligations or debts incurred, or property484 |
|---|
| 559 | 559 | | acquired.485 |
|---|
| 560 | 560 | | (c) Upon a successful dissolution action, all noncash assets of the district other than public486 |
|---|
| 561 | 561 | | facilities or land or easements to be used for such public facilities, as described in Section 2487 |
|---|
| 562 | 562 | | of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied488 |
|---|
| 563 | 563 | | to the repayment of any debt obligation of the district. Any cash remaining after all489 |
|---|
| 564 | 564 | | outstanding obligations are satisfied shall be remitted to the City of Albany.490 |
|---|
| 565 | 565 | | (d) When a dissolution becomes effective, the City of Albany shall take title to all property491 |
|---|
| 566 | 566 | | previously in the ownership of the district, and all taxes, fees, and assessments of the district492 |
|---|
| 567 | 567 | | shall cease to be levied and collected.493 |
|---|
| 568 | 568 | | (e) A district may be reactivated in the same manner as an original activation.494 |
|---|
| 569 | 569 | | (f) In the event that any district shall be dissolved in accordance with this section, the board495 |
|---|
| 571 | 571 | | H. B. 160 |
|---|
| 572 | 572 | | - 21 - |
|---|
| 573 | 573 | | of concluding any ongoing matters and projects. However, if such ongoing matters and |
|---|
| 574 | 574 | | 497 |
|---|
| 575 | 575 | | projects cannot be concluded by December 31 of such year, then the governing authority of498 |
|---|
| 576 | 576 | | the City of Albany shall assume the duties of the administrative board and shall be expressly499 |
|---|
| 577 | 577 | | authorized to exercise the authority of the administrative board. In the alternative, the500 |
|---|
| 578 | 578 | | governing authority of the City of Albany may, by resolution, assume all rights and501 |
|---|
| 579 | 579 | | obligations of the district, either bonds or otherwise, and the district shall cease to exist upon502 |
|---|
| 580 | 580 | | the adoption of such resolution.503 |
|---|
| 581 | 581 | | SECTION 15.504 |
|---|
| 582 | 582 | | Repealer.505 |
|---|
| 583 | 583 | | All laws and parts of laws in conflict with this Act are repealed.506 |
|---|