| 3 | 3 | | By: Representative Hitchens of the 161 |
|---|
| 4 | 4 | | st |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | To amend an Act to provide for the creation of one or more community improvement |
|---|
| 9 | 9 | | 1 |
|---|
| 10 | 10 | | districts in the City of Rincon, approved April 25, 2022 (Ga. L. 2022, p. 5627), so as to2 |
|---|
| 11 | 11 | | revise provisions relating to the designation of electors; to revise the appointment and3 |
|---|
| 12 | 12 | | election of board members; to provide for related matters; to repeal conflicting laws; and for4 |
|---|
| 13 | 13 | | other purposes.5 |
|---|
| 14 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
|---|
| 15 | 15 | | SECTION 1.7 |
|---|
| 16 | 16 | | An Act to provide for the creation of one or more community improvement districts in the8 |
|---|
| 17 | 17 | | City of Rincon, approved April 25, 2022 (Ga. L. 2022, p. 5627), is amended in Section 3 by9 |
|---|
| 18 | 18 | | revising paragraph (7) as follows:10 |
|---|
| 19 | 19 | | "(7) 'Electors' means the owners of real property within the district which is then subject11 |
|---|
| 20 | 20 | | to taxes, fees, and assessments levied by the board as such owners appear on the most12 |
|---|
| 21 | 21 | | recent ad valorem real property tax return records of Effingham County or one officer or13 |
|---|
| 22 | 22 | | director of a corporate elector, one trustee of a trust which is an elector, or one designated14 |
|---|
| 23 | 23 | | representative of an elector whose designation is made in writing at least eight days prior15 |
|---|
| 24 | 24 | | to an election to the city attorney on a form satisfactory to the city attorney. An owner16 |
|---|
| 25 | 25 | | H. B. 714 |
|---|
| 27 | 27 | | of multiple parcels shall only have one vote, not one vote per parcel. Multiple owners of |
|---|
| 28 | 28 | | 17 |
|---|
| 29 | 29 | | one parcel shall have one vote which shall be cast by one of their number designated in18 |
|---|
| 30 | 30 | | writing by such multiple owners as their elector."19 |
|---|
| 31 | 31 | | SECTION 2.20 |
|---|
| 32 | 32 | | Said Act is further amended by revising Section 5 as follows:21 |
|---|
| 33 | 33 | | "SECTION 5.22 |
|---|
| 34 | 34 | | Administration, appointment, and election of board members23 |
|---|
| 35 | 35 | | (a)(1) Pursuant to Article IX, Section VII, Paragraph III of the Constitution of the State24 |
|---|
| 36 | 36 | | of Georgia, each district created pursuant to this Act shall be administered by a board25 |
|---|
| 37 | 37 | | composed of five board members to be appointed and elected as hereinafter provided. 26 |
|---|
| 38 | 38 | | One board member shall be appointed by the majority vote of a quorum of the city27 |
|---|
| 39 | 39 | | council of the City of Rincon, Georgia. One board member shall be appointed by the city28 |
|---|
| 40 | 40 | | manager of the City of Rincon, Georgia. The remaining three board members shall be29 |
|---|
| 41 | 41 | | elected by a caucus of electors representing the owners of real property within the district30 |
|---|
| 42 | 42 | | subject to taxes, fees, and assessments levied by the board. Elected board members shall31 |
|---|
| 43 | 43 | | each serve for a term of four years, respectively. The appointed board members shall32 |
|---|
| 44 | 44 | | serve at the pleasure of the governing body and city manager who appointed them,33 |
|---|
| 45 | 45 | | respectively. The city council of the City of Rincon may, after adoption of a resolution,34 |
|---|
| 46 | 46 | | provide for a district created pursuant to this Act to be administered by a board composed35 |
|---|
| 47 | 47 | | of seven board members, with the sixth and seventh board members shall be elected as36 |
|---|
| 48 | 48 | | provided for in this Act.37 |
|---|
| 49 | 49 | | (2) Each elected board member shall be an elector, as defined in paragraph (7) of38 |
|---|
| 50 | 50 | | Section 3 of this Act. In the event that an elected board member ceases to be an elector39 |
|---|
| 51 | 51 | | H. B. 714 |
|---|
| 53 | 53 | | as required by this subsection, such board member's position shall be declared vacant as |
|---|
| 54 | 54 | | 40 |
|---|
| 55 | 55 | | of the date such person ceases to qualify as an elector.41 |
|---|
| 56 | 56 | | (b) A board shall elect one of its number as chairperson, another as vice chairperson, and42 |
|---|
| 57 | 57 | | shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but43 |
|---|
| 58 | 58 | | need not, be a member of the board. Board members shall receive no compensation for44 |
|---|
| 59 | 59 | | their services but shall be reimbursed for actual expenses incurred in the performance of45 |
|---|
| 60 | 60 | | their duties.46 |
|---|
| 61 | 61 | | (c) Board members shall be subject to recall in an election called by either:47 |
|---|
| 62 | 62 | | (1) A resolution of the city council of the City of Rincon; or48 |
|---|
| 63 | 63 | | (2) A petition signed by one-third of the electors of the district.49 |
|---|
| 64 | 64 | | (d) The initial board members to be elected as provided in this Act shall be elected in a50 |
|---|
| 65 | 65 | | caucus of electors, which shall be held within 60 days after the adoption of a resolution of51 |
|---|
| 66 | 66 | | the city council of the City of Rincon setting the time and place within the district after52 |
|---|
| 67 | 67 | | notice thereof shall have been given to such electors by publishing notice thereof in the53 |
|---|
| 68 | 68 | | legal organ of Effingham County once a week for four weeks prior to such caucus. 54 |
|---|
| 69 | 69 | | Thereafter, there shall be conducted annually, not later than 60 days following the last day55 |
|---|
| 70 | 70 | | for filing ad valorem property tax returns in Effingham County, a caucus of such electors56 |
|---|
| 71 | 71 | | at such time and place within the district as the board shall designate in such notice for the57 |
|---|
| 72 | 72 | | purpose of electing board members to those positions which have terms expiring or are58 |
|---|
| 73 | 73 | | vacant. If a vacancy occurs in an elected position on the board, the board shall, within 6059 |
|---|
| 74 | 74 | | days thereafter, call a special election to fill such vacancy to be held within 60 days of the60 |
|---|
| 75 | 75 | | call unless the vacancy occurs within 180 days of the next regularly scheduled election, in61 |
|---|
| 76 | 76 | | which case a special election may, but need not, be called. For any election held under the62 |
|---|
| 77 | 77 | | provisions of this Act, notice of such election shall be given to the electors by publishing63 |
|---|
| 78 | 78 | | notice thereof in the legal organ of Effingham County once a week for four weeks prior to64 |
|---|
| 79 | 79 | | such caucus.65 |
|---|
| 80 | 80 | | H. B. 714 |
|---|