| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To provide for the creation of one or more community improvement districts within the City |
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| 8 | 8 | | 1 |
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| 9 | 9 | | of Conyers, Georgia; to provide for a short title; to provide for the purpose of such districts;2 |
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| 10 | 10 | | to provide for definitions; to provide for boards to administer such districts; to provide for3 |
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| 11 | 11 | | appointment and election of members of such boards; to provide for taxes, fees, and4 |
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| 12 | 12 | | assessments; to provide for the boundaries of such districts; to provide procedures for5 |
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| 13 | 13 | | determining the specifications for projects to be undertaken by districts and the manner of6 |
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| 14 | 14 | | levying taxes, fees, and assessments with respect thereto; to provide for the debt of such7 |
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| 15 | 15 | | districts; to provide for cooperation with local governments; to provide for powers of such8 |
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| 16 | 16 | | boards; to provide for general obligation bonds, notes, and other obligations of such districts;9 |
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| 17 | 17 | | to provide for the form of bonds, provisions for exchange and transfer, certificates of10 |
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| 18 | 18 | | validation, and specification of interest rates; to provide for definition of the terms "cost of11 |
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| 19 | 19 | | the project" and "cost of any project" as used in bond resolutions and elsewhere; to provide12 |
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| 20 | 20 | | for authorized contents of agreements and instruments of the boards generally; to provide for13 |
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| 21 | 21 | | use of proceeds of sale of bonds, notes, and other obligations; to provide for subsequent14 |
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| 22 | 22 | | issues thereof; to provide for construction; to provide that no notice, proceeding, publication,15 |
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| 23 | 23 | | or referendum shall be required; to provide for procedures connected with all of the16 |
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| 24 | 24 | | foregoing; to provide for the dissolution and reactivation of districts under certain conditions;17 |
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| 25 | 25 | | to provide for related matters; to repeal conflicting laws; and for other purposes.18 |
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| 26 | 26 | | S. B. 70 |
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| 27 | 27 | | - 1 - 25 LC 44 2889 |
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| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: |
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| 29 | 29 | | 19 |
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| 30 | 30 | | SECTION 1.20 |
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| 31 | 31 | | Short title.21 |
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| 32 | 32 | | This Act shall be known and may be cited as the "Conyers Community Improvement22 |
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| 33 | 33 | | Districts Act."23 |
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| 34 | 34 | | SECTION 2.24 |
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| 35 | 35 | | Purpose.25 |
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| 36 | 36 | | The purpose of this Act shall be to provide for the creation of one or more community26 |
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| 37 | 37 | | improvement districts within the City of Conyers, Georgia, and each such district shall be27 |
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| 38 | 38 | | created for the provision of such of the following governmental services and facilities as may28 |
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| 39 | 39 | | be provided for in the resolution activating each district created hereby. Such services and29 |
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| 40 | 40 | | facilities shall be one or more of:30 |
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| 41 | 41 | | (1) Street and road construction and maintenance, including curbs, sidewalks, streetlights,31 |
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| 42 | 42 | | and devices to control the flow of traffic on streets and roads;32 |
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| 43 | 43 | | (2) Parks and recreational areas and facilities;33 |
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| 44 | 44 | | (3) Stormwater and sewage collection and disposal systems;34 |
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| 45 | 45 | | (4) Development, storage, treatment, purification, and distribution of water;35 |
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| 46 | 46 | | (5) Public transportation;36 |
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| 47 | 47 | | (6) Terminal and dock facilities and parking facilities; and37 |
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| 48 | 48 | | (7) Such other services and facilities as may be provided for by general law.38 |
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| 49 | 49 | | S. B. 70 |
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| 50 | 50 | | - 2 - 25 LC 44 2889 |
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| 51 | 51 | | SECTION 3. |
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| 52 | 52 | | 39 |
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| 53 | 53 | | Definitions.40 |
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| 54 | 54 | | As used in this Act, the term:41 |
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| 55 | 55 | | (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use,42 |
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| 56 | 56 | | including the growing of field crops, fruit or nut trees, the raising of livestock or poultry,43 |
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| 57 | 57 | | and the operation of dairies, horse boarding facilities, and riding stables.44 |
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| 58 | 58 | | (2) "Board" means the governing authority created for the governance of each community45 |
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| 59 | 59 | | improvement district authorized by this Act.46 |
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| 60 | 60 | | (3) "Bonds" or "general obligation bonds" means any bonds of a district that are authorized47 |
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| 61 | 61 | | to be issued under the Constitution and laws of Georgia, including refunding bonds, but not48 |
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| 62 | 62 | | including notes or other obligations of a district.49 |
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| 63 | 63 | | (4) "Caucus of electors" means for each district, the meeting of electors provided for in50 |
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| 64 | 64 | | this Act at which the elected board members of the district are elected.51 |
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| 65 | 65 | | (5) "Cost of the project" or "cost of any project" means and includes:52 |
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| 66 | 66 | | (A) All costs of acquisition by purchase or otherwise, construction, assembly,53 |
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| 67 | 67 | | installation, modification, renovation or rehabilitation incurred in connection with any54 |
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| 68 | 68 | | project or any part of any project;55 |
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| 69 | 69 | | (B) All costs of real property, fixtures, or personal property used in or in connection with56 |
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| 70 | 70 | | or necessary for any project or for any facilities related thereto, including, but not limited57 |
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| 71 | 71 | | to, the cost of all land, estates for years, easements, rights, improvements, water rights,58 |
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| 72 | 72 | | connections for utility services, fees, franchises, permits, approvals, licenses, and59 |
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| 73 | 73 | | certificates; the cost of securing any such franchises, permits, approvals, licenses, or60 |
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| 74 | 74 | | certificates; and the cost of preparation of any application therefor and the cost of all61 |
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| 75 | 75 | | fixtures, machinery, equipment (including all transportation equipment and rolling stock),62 |
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| 76 | 76 | | furniture, and other property used in or in connection with or necessary for any project;63 |
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| 77 | 77 | | S. B. 70 |
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| 78 | 78 | | - 3 - 25 LC 44 2889 |
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| 79 | 79 | | (C) All interest and other financing charges and loan fees and all interest on bonds, notes, |
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| 80 | 80 | | 64 |
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| 81 | 81 | | or other obligations of a district which accrue or are paid prior to and during the period65 |
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| 82 | 82 | | of construction of a project and during such additional period as the board may66 |
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| 83 | 83 | | reasonably determine to be necessary to place such project in operation;67 |
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| 84 | 84 | | (D) All costs of engineering, surveying, and architectural and legal services and all68 |
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| 85 | 85 | | expenses incurred by engineers, surveyors, architects, and attorneys in connection with69 |
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| 86 | 86 | | any project;70 |
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| 87 | 87 | | (E) All expenses for inspection of any project;71 |
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| 88 | 88 | | (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust72 |
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| 89 | 89 | | agreement, indenture of trust, or similar instrument or agreement; all expenses incurred73 |
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| 90 | 90 | | by any such fiscal agents, paying agents, and trustees; and all other costs and expenses74 |
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| 91 | 91 | | incurred relative to the issuance of any bonds, notes, or other obligations for any project;75 |
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| 92 | 92 | | (G) All expenses of or incidental to determining the feasibility of practicability of any76 |
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| 93 | 93 | | project;77 |
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| 94 | 94 | | (H) All costs of plans and specifications for any project;78 |
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| 95 | 95 | | (I) All costs of title insurance and examinations of title with respect to any project;79 |
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| 96 | 96 | | (J) Repayment of any loans made for the advance payment of any part of any of the80 |
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| 97 | 97 | | foregoing costs, including interest thereon and any other expenses of such loans;81 |
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| 98 | 98 | | (K) Administrative expenses of the board and such other expenses as may be necessary82 |
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| 99 | 99 | | for or incidental to any project or the financing thereof or the placing of any project in83 |
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| 100 | 100 | | operation; 84 |
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| 101 | 101 | | (L) The establishment of a fund or funds for the creation of a debt service reserve, a85 |
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| 102 | 102 | | renewal and replacement reserve, or such other funds or reserves as the board may86 |
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| 103 | 103 | | approve with respect to the financing and operation of any project and as may be87 |
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| 104 | 104 | | authorized by any bond resolution, trust agreement, indenture of trust, or similar88 |
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| 105 | 105 | | instrument or agreement pursuant to the provisions of which the issuance of any bonds,89 |
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| 106 | 106 | | notes, or other obligations of the district may be authorized; and90 |
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| 107 | 107 | | S. B. 70 |
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| 108 | 108 | | - 4 - 25 LC 44 2889 |
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| 109 | 109 | | (M) Any cost, obligation, or expense incurred for any of the foregoing purposes. |
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| 110 | 110 | | 91 |
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| 111 | 111 | | (6) "District" means the geographical area designated as such by the resolution of the92 |
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| 112 | 112 | | governing body of the City of Conyers consenting to the creation of the community93 |
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| 113 | 113 | | improvement district or as thereafter modified pursuant to subsection (b) of Section 7 of94 |
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| 114 | 114 | | this Act.95 |
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| 115 | 115 | | (7) "Electors" means the owners of real property used nonresidentially within the district96 |
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| 116 | 116 | | which is then subject to taxes, fees, and assessments levied by the board, as they appear on97 |
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| 117 | 117 | | the most recent ad valorem real property tax return records of Rockdale County, or one98 |
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| 118 | 118 | | officer or director of a corporate elector, one trustee of a trust which is an elector, one99 |
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| 119 | 119 | | partner of a partnership elector, or one designated representative of an elector whose100 |
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| 120 | 120 | | designation is made in writing. An owner of property subject to taxes, fees, or assessments101 |
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| 121 | 121 | | levied by the board shall have one vote for an election based on numerical majority. An102 |
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| 122 | 122 | | owner of multiple parcels has one vote, not one vote per parcel, for an election based on103 |
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| 123 | 123 | | numerical majority. Multiple owners of one parcel have one vote for an election based on104 |
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| 124 | 124 | | numerical majority.105 |
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| 125 | 125 | | (8) "Equitably apportioned among the properties subject to such taxes, fees, and106 |
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| 126 | 126 | | assessments according to the need for governmental services and facilities created by the107 |
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| 127 | 127 | | degree of density of development of each such property," with reference to taxes, fees, and108 |
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| 128 | 128 | | assessments levied by the board, means that the burden of the taxes, fees, and assessments109 |
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| 129 | 129 | | shall be apportioned among the properties subject thereto based upon the values established110 |
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| 130 | 130 | | in the most recent ad valorem tax reassessment of such properties certified by the111 |
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| 131 | 131 | | chairperson of the Rockdale County Board of Tax Assessors or may be apportioned among112 |
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| 132 | 132 | | the properties subject thereto in direct or approximate proportion to the receipt of services113 |
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| 133 | 133 | | or benefits derived from the improvements or other activities for which the taxes, fees, or114 |
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| 134 | 134 | | assessments are to be expended or may be apportioned in any other manner or combination115 |
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| 135 | 135 | | of manners deemed equitable by the board, including, but not limited to, the recognition116 |
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| 136 | 136 | | of differential benefits which may reasonably be expected to accrue to new land117 |
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| 137 | 137 | | S. B. 70 |
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| 138 | 138 | | - 5 - 25 LC 44 2889 |
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| 139 | 139 | | development in contrast to lands and improvements already in existence at the time of |
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| 140 | 140 | | 118 |
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| 141 | 141 | | creation of the community improvement district.119 |
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| 142 | 142 | | (9) "Forestry" means the planting and growing of trees for sale in a program that includes120 |
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| 143 | 143 | | reforestation of harvested trees, regular underbrush and undesirable growth clearing,121 |
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| 144 | 144 | | fertilizing, pruning, thinning, cruising, and marking which indicate an active tree farming122 |
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| 145 | 145 | | operation; it does not include the casual growing of trees on land otherwise idle or held for123 |
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| 146 | 146 | | investment, even though some harvesting of trees may occur thereon.124 |
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| 147 | 147 | | (10) "Majority" means 50 percent or more of the total number of individuals composing125 |
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| 148 | 148 | | the group or classification at issue.126 |
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| 149 | 149 | | (11) "Project" means the acquisition, construction, installation, modification, renovation,127 |
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| 150 | 150 | | rehabilitation or operation of land; interests in land, buildings, structures, facilities, or other128 |
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| 151 | 151 | | improvements located or to be located within or otherwise providing service to the district,129 |
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| 152 | 152 | | and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of130 |
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| 153 | 153 | | fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used131 |
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| 154 | 154 | | on, in, or in connection with any such land, interest in land, building, structure, facility, or132 |
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| 155 | 155 | | other improvement, all for the essential public purposes set forth in Section 2 of this Act.133 |
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| 156 | 156 | | (12) "Property owner" or "owner of real property" means any entity or person shown as134 |
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| 157 | 157 | | a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records135 |
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| 158 | 158 | | of Rockdale County within the district. Ownership as shown by the most recent ad136 |
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| 159 | 159 | | valorem tax records of Rockdale County shall serve as prima-facie proof of ownership.137 |
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| 160 | 160 | | Multiple owners of one parcel shall constitute one property owner, and they shall designate138 |
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| 161 | 161 | | in writing one of their number to represent the whole.139 |
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| 162 | 162 | | (13) "Property used nonresidentially" means property or any portion thereof used for140 |
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| 163 | 163 | | neighborhood shopping, planned shopping centers, general commercial, transient lodging141 |
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| 164 | 164 | | facilities, tourist services, office or institutional, office services, light industry, heavy142 |
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| 165 | 165 | | industry, central business districts, parking, or other commercial or business use, as well143 |
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| 166 | 166 | | S. B. 70 |
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| 167 | 167 | | - 6 - 25 LC 44 2889 |
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| 168 | 168 | | as vacant land zoned or approved for any of the uses listed in this paragraph, which does |
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| 169 | 169 | | 144 |
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| 170 | 170 | | not include residential use.145 |
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| 171 | 171 | | (14) "Residential" means a specific work or improvement undertaken primarily to provide146 |
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| 172 | 172 | | single-family or multifamily dwelling accommodations for persons and families and such147 |
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| 173 | 173 | | community facilities as may be incidental or appurtenant thereto.148 |
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| 174 | 174 | | (15) "Taxpayer" means any entity or person paying ad valorem taxes on real property,149 |
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| 175 | 175 | | whether on one or more parcels of property within the district. Multiple owners of one150 |
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| 176 | 176 | | parcel shall constitute one taxpayer, and they shall designate in writing one of their number151 |
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| 177 | 177 | | to represent the whole.152 |
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| 178 | 178 | | SECTION 4.153 |
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| 179 | 179 | | Creation.154 |
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| 180 | 180 | | (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there are155 |
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| 181 | 181 | | hereby created one or more community improvement districts to be located in the City of156 |
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| 182 | 182 | | Conyers, Georgia, wholly within the incorporated area thereof. Each community157 |
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| 183 | 183 | | improvement district shall be activated upon compliance with the conditions provided in this158 |
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| 184 | 184 | | Act. Each district shall be governed by a board as constituted pursuant to this Act. The159 |
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| 185 | 185 | | conditions for such activation shall be:160 |
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| 186 | 186 | | (1) The adoption of a resolution consenting to the creation of each community161 |
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| 187 | 187 | | improvement district by the Mayor and City Council of the City of Conyers; and162 |
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| 188 | 188 | | (2) Written consent to the creation of the community improvement district by:163 |
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| 189 | 189 | | (A) A majority of the owners of real property within the district which will be subject164 |
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| 190 | 190 | | to taxes, fees, and assessments levied by the board of the district; and165 |
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| 191 | 191 | | (B) The owners of real property within the district which constitutes at least 75 percent166 |
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| 192 | 192 | | by value of all real property within the district which will be subject to taxes, fees, and167 |
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| 193 | 193 | | S. B. 70 |
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| 194 | 194 | | - 7 - 25 LC 44 2889 |
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| 195 | 195 | | assessments levied by the board and for this purpose value shall be determined by the |
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| 196 | 196 | | 168 |
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| 197 | 197 | | most recent approved county ad valorem tax digest.169 |
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| 198 | 198 | | (b) The written consents provided for in paragraph (2) of subsection (a) of this section shall170 |
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| 199 | 199 | | be submitted to the Rockdale County Tax Commissioner, who shall certify whether171 |
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| 200 | 200 | | paragraph (2) of subsection (a) of this section has been satisfied with respect to each such172 |
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| 201 | 201 | | proposed district.173 |
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| 202 | 202 | | (c) No district or board created under this Act shall transact any business or exercise any174 |
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| 203 | 203 | | powers under this Act until the foregoing conditions of this section are met. A copy of such175 |
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| 204 | 204 | | resolutions shall be filed with the Georgia Secretary of State, who shall maintain a record of176 |
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| 205 | 205 | | all districts activated under this Act, and a second copy shall be filed with the Georgia177 |
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| 206 | 206 | | Department of Community Affairs.178 |
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| 207 | 207 | | SECTION 5.179 |
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| 208 | 208 | | Administration, appointment and election of board members.180 |
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| 209 | 209 | | (a) Each district created pursuant hereto shall be administered by a board composed of a181 |
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| 210 | 210 | | minimum of five board members as follows: one board member shall be appointed by the182 |
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| 211 | 211 | | Mayor and City Council of the City of Conyers and four board members shall be elected by183 |
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| 212 | 212 | | the vote of electors. The members representing the electors shall be elected to serve in post184 |
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| 213 | 213 | | positions 2 through 5, respectively. Each elected board member must receive a majority of185 |
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| 214 | 214 | | the votes cast for the post for which he or she is a candidate. The initial term of office for186 |
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| 215 | 215 | | the member representing Post 2 shall be one year, and the initial terms of office of the187 |
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| 216 | 216 | | members serving on Posts 3 and 4 shall be two years. The initial term of office of the188 |
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| 217 | 217 | | member representing Post 5 shall be three years. Thereafter, all terms of office shall be for189 |
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| 218 | 218 | | two years, except the appointed board member for Post 1, who serve at the pleasure of the190 |
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| 219 | 219 | | governing body who appointed him or her. Should a member cease to be an elector, such191 |
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| 220 | 220 | | member's position on the board shall immediately become vacant and shall be filled for the192 |
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| 221 | 221 | | S. B. 70 |
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| 222 | 222 | | - 8 - 25 LC 44 2889 |
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| 223 | 223 | | remainder of the respective term as provided for by the initial appointment or election in this |
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| 224 | 224 | | 193 |
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| 225 | 225 | | subsection.194 |
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| 226 | 226 | | (b) The initial board members to be elected as provided in subsection (a) of this section shall195 |
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| 227 | 227 | | be elected in a caucus of electors, which shall be held within 90 days after the adoption of196 |
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| 228 | 228 | | the resolutions and obtaining the written consents provided herein. The caucus shall be held197 |
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| 229 | 229 | | at such time and place within the district as the governing body of the City of Conyers shall198 |
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| 230 | 230 | | designate after notice is given to said electors by publishing notice in the legal organ of199 |
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| 231 | 231 | | Rockdale County at least once each week for four weeks prior to such meeting. A quorum200 |
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| 232 | 232 | | at such caucus shall consist of those electors present, and a majority of those present and201 |
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| 233 | 233 | | voting is necessary to elect board members. No proxy votes may be cast. The Mayor of the202 |
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| 234 | 234 | | City of Conyers or the Mayor's designee shall convene the initial caucus of electors.203 |
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| 235 | 235 | | Thereafter, there shall be conducted annually, not later than 60 days following the last day204 |
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| 236 | 236 | | for filing ad valorem real property tax returns in Rockdale County, a caucus of said electors205 |
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| 237 | 237 | | at such time and place within the district as the board shall designate in such notice for the206 |
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| 238 | 238 | | purpose of electing board members to Posts 2 through 5 for those positions which have terms207 |
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| 239 | 239 | | expiring, or are vacant, as appropriate. If a vacancy occurs in an elected position on the208 |
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| 240 | 240 | | board, the board shall, within 60 days thereafter, call a special election to fill the same. Said209 |
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| 241 | 241 | | special election shall be held within 60 days of the call, unless such vacancy occurs within210 |
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| 242 | 242 | | 180 days of the next regularly scheduled election, in which case a special election may, but211 |
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| 243 | 243 | | need not, be called.212 |
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| 244 | 244 | | (c) Board members shall be subject to recall by the electors as any other elected public213 |
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| 245 | 245 | | official.214 |
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| 246 | 246 | | (d) Board members shall receive no compensation for their services, but they shall be215 |
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| 247 | 247 | | reimbursed for actual expenses incurred in the performance of their duties. They shall elect216 |
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| 248 | 248 | | one of their members as chairperson, and another member as vice chairperson. They shall217 |
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| 249 | 249 | | also elect either a secretary and a treasurer, or they shall elect a secretary-treasurer, either of218 |
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| 250 | 250 | | whom may, but need not, be a member of the board.219 |
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| 251 | 251 | | S. B. 70 |
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| 252 | 252 | | - 9 - 25 LC 44 2889 |
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| 253 | 253 | | (e) Chapter 2 of Title 21 of the O.C.G.A. (O.C.G.A. § 21-2-1, et seq.), the Election Code of |
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| 254 | 254 | | 220 |
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| 255 | 255 | | Georgia, shall not apply to the election of district board members. The district board may221 |
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| 256 | 256 | | adopt such bylaws not inconsistent herewith to provide for any matter concerning such222 |
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| 257 | 257 | | elections.223 |
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| 258 | 258 | | SECTION 6.224 |
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| 259 | 259 | | Taxes, fees, and assessments.225 |
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| 260 | 260 | | (a) The board may levy taxes, fees, and assessments within the district only on real property226 |
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| 261 | 261 | | used nonresidentially, specifically excluding all property exempt from ad valorem taxation227 |
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| 262 | 262 | | under the Constitution or laws of the State of Georgia and all property used for residential,228 |
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| 263 | 263 | | agricultural, or forestry purposes and specifically excluding tangible personal property and229 |
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| 264 | 264 | | intangible property. Any tax, fee, or assessment so levied shall not exceed five mills of the230 |
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| 265 | 265 | | aggregate assessed value of all such real property. The taxes, fees, and assessments levied231 |
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| 266 | 266 | | by the board shall be equitably apportioned among the properties subject to such taxes, fees,232 |
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| 267 | 267 | | and assessments according to the need for governmental services and facilities created by the233 |
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| 268 | 268 | | degree of density of development of each such property. The proceeds of taxes, fees, and234 |
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| 269 | 269 | | assessments levied by the board shall be used only for the purpose of providing governmental235 |
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| 270 | 270 | | services and facilities that are specially required by the degree of density of development236 |
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| 271 | 271 | | within the applicable district and not for the purpose of providing those governmental237 |
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| 272 | 272 | | services and facilities provided to the municipality as a whole. Any tax, fee, or assessment238 |
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| 273 | 273 | | so levied shall be collected by the City of Conyers in the same manner as taxes, fees, and239 |
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| 274 | 274 | | assessments are levied by the City of Conyers. Delinquent taxes shall bear the same interest240 |
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| 275 | 275 | | and penalties as City of Conyers ad valorem taxes, and may be enforced and collected in the241 |
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| 276 | 276 | | same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the242 |
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| 277 | 277 | | costs of collection of one percent thereof, but not more than $25,000.00 in any one calendar243 |
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| 278 | 278 | | S. B. 70 |
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| 279 | 279 | | - 10 - 25 LC 44 2889 |
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| 280 | 280 | | year, shall be transmitted by the City of Conyers to the board of said district and shall be |
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| 281 | 281 | | 244 |
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| 282 | 282 | | expended by the board only for the purposes authorized by this Act.245 |
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| 283 | 283 | | (b) The board shall levy the taxes, fees and assessments provided for in subsection (a) of this246 |
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| 284 | 284 | | section subsequent to the report of the assessed taxable values for the current calendar year247 |
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| 285 | 285 | | and shall notify in writing the collecting governing bodies so they may include the levy on248 |
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| 286 | 286 | | their regular ad valorem tax bills. The proceeds of taxes, fees and assessments so levied, less249 |
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| 287 | 287 | | the fee to cover the costs of collection as specified in subsection (a) of this section, shall be250 |
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| 288 | 288 | | transmitted by the collecting governing authority to the board and shall be expended by the251 |
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| 289 | 289 | | board only for the purposes authorized by this Act.252 |
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| 290 | 290 | | (c) If, but for this provision, a parcel of real property is removed from a district or otherwise253 |
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| 291 | 291 | | would become nontaxable, it shall continue to bear its tax millage then extant upon such254 |
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| 292 | 292 | | event, for bonded indebtedness of the district then outstanding, until said bonded255 |
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| 293 | 293 | | indebtedness then outstanding is paid or refunded.256 |
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| 294 | 294 | | SECTION 7.257 |
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| 295 | 295 | | Boundaries of districts.258 |
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| 296 | 296 | | (a) The boundaries of each district shall be as designated by the Mayor and City Council of259 |
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| 297 | 297 | | the City of Conyers, as set forth in the resolution required by Section 4 of this Act, or as may260 |
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| 298 | 298 | | thereafter be added as provided in this Act.261 |
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| 299 | 299 | | (b) The boundaries of a district may be increased after the initial creation of a district if all262 |
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| 300 | 300 | | of the following requirements are met:263 |
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| 301 | 301 | | (1) Written consent of a majority of the owners of real property within the area sought to264 |
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| 302 | 302 | | be annexed who will be subject to taxes, fees, and assessments levied by the board of the265 |
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| 303 | 303 | | district is first obtained;266 |
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| 304 | 304 | | (2) Written consent of the owners of real property within the area sought to be annexed267 |
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| 305 | 305 | | into the district which constitutes at least 75 percent by value of all real property sought to268 |
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| 306 | 306 | | S. B. 70 |
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| 307 | 307 | | - 11 - 25 LC 44 2889 |
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| 308 | 308 | | be annexed into the district which will be subject to taxes, fees, and assessments levied by |
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| 309 | 309 | | 269 |
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| 310 | 310 | | the board. For this purpose, value shall be determined by the most recently approved270 |
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| 311 | 311 | | county ad valorem tax digest;271 |
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| 312 | 312 | | (3) The adoption of a resolution consenting to the annexation by the board of the district;272 |
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| 313 | 313 | | and273 |
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| 314 | 314 | | (4) The adoption of a resolution consenting to the annexation by the City of Conyers.274 |
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| 315 | 315 | | SECTION 8.275 |
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| 316 | 316 | | Debt.276 |
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| 317 | 317 | | Each community improvement district may incur debt without regard to the requirements of277 |
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| 318 | 318 | | Section V of Article IX of the Constitution of Georgia, or any other provision of law278 |
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| 319 | 319 | | prohibiting or restricting the borrowing of money or the creation of debt by political279 |
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| 320 | 320 | | subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and280 |
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| 321 | 321 | | taxing power of the community improvement district, but said debt shall not be an obligation281 |
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| 322 | 322 | | of the State of Georgia, the City of Conyers, or any other unit of government of the State of282 |
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| 323 | 323 | | Georgia other than the district.283 |
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| 324 | 324 | | SECTION 9.284 |
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| 325 | 325 | | Cooperation with local governments.285 |
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| 326 | 326 | | The services and facilities provided pursuant to this Act shall be provided for in a286 |
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| 327 | 327 | | cooperation agreement executed jointly by the board and the governing body of the City of287 |
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| 328 | 328 | | Conyers. The provisions of this section shall in no way limit the authority of the City of288 |
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| 329 | 329 | | Conyers to provide services or facilities within the district; and the City of Conyers shall289 |
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| 330 | 330 | | retain full and complete authority and control over any of its facilities located within its290 |
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| 331 | 331 | | respective areas of any district. Said control shall include but not be limited to the291 |
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| 332 | 332 | | S. B. 70 |
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| 333 | 333 | | - 12 - 25 LC 44 2889 |
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| 334 | 334 | | modification of, access to, and degree and type of services provided through or by facilities |
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| 335 | 335 | | 292 |
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| 336 | 336 | | of the municipality. Nothing contained in this section shall be construed to limit or preempt293 |
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| 337 | 337 | | the application of any governmental laws, ordinances, resolutions, or regulations to the294 |
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| 338 | 338 | | district or the services or facilities provided therein.295 |
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| 339 | 339 | | SECTION 10.296 |
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| 340 | 340 | | Powers of district and board.297 |
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| 341 | 341 | | (a) Each district and its board created pursuant to this Act shall have all of the powers298 |
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| 342 | 342 | | necessary or convenient to carry out and effectuate the purposes and provisions of this Act,299 |
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| 343 | 343 | | including, without limiting the generality of the foregoing, the power:300 |
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| 344 | 344 | | (1) To bring and defend actions;301 |
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| 345 | 345 | | (2) To adopt and amend a corporate seal;302 |
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| 346 | 346 | | (3) To make and execute contracts, agreements, and other instruments necessary or303 |
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| 347 | 347 | | convenient to exercise the powers of the board or to further the public purposes for which304 |
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| 348 | 348 | | the district is created, including, but not limited to, contracts for construction of projects,305 |
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| 349 | 349 | | leases of projects, contracts for sale of projects, agreements for loans to finance projects,306 |
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| 350 | 350 | | contracts with respect to the use of projects, and agreements with other jurisdictions or307 |
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| 351 | 351 | | community improvement districts regarding multijurisdictional projects or services or for308 |
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| 352 | 352 | | other cooperative endeavors to further the public purposes of the district;309 |
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| 353 | 353 | | (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and310 |
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| 354 | 354 | | personal property of every kind and character, or any interest therein, in furtherance of the311 |
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| 355 | 355 | | public purposes of the district;312 |
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| 356 | 356 | | (5) To finance (by loan, grant, lease, or otherwise) and to construct, erect, assemble,313 |
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| 357 | 357 | | purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend,314 |
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| 358 | 358 | | improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost315 |
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| 359 | 359 | | of any project from the proceeds of bonds, notes, or other obligations of the district or any316 |
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| 360 | 360 | | S. B. 70 |
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| 361 | 361 | | - 13 - 25 LC 44 2889 |
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| 362 | 362 | | other funds of the district, or from any contributions or loans by persons, corporations, |
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| 363 | 363 | | 317 |
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| 364 | 364 | | partnerships (whether limited or general), or other entities, all of which the board is318 |
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| 365 | 365 | | authorized to receive, accept, and use;319 |
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| 366 | 366 | | (6) To borrow money to further or carry out its public purposes and to execute bonds,320 |
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| 367 | 367 | | notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale321 |
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| 368 | 368 | | of its bonds, notes, or other obligations, loan agreements, security agreements, assignments,322 |
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| 369 | 369 | | and such other agreements or instruments as may be necessary or desirable, in the judgment323 |
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| 370 | 370 | | of the board, to evidence and to provide security for such borrowing;324 |
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| 371 | 371 | | (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof325 |
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| 372 | 372 | | for the purpose of paying or reimbursing all or any part of the cost of any project and to326 |
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| 373 | 373 | | otherwise further or carry out the public purposes of the district and to pay all costs of the327 |
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| 374 | 374 | | board incidental to, or necessary and appropriate to, furthering or carrying out such328 |
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| 375 | 375 | | purposes;329 |
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| 376 | 376 | | (8) To make application directly or indirectly to any federal, state, county, or municipal330 |
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| 377 | 377 | | government or agency or to any other source, whether public or private, for loans, grants,331 |
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| 378 | 378 | | guarantees, or other financial assistance in furtherance of the district's public purposes and332 |
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| 379 | 379 | | to accept and use the same upon such terms and conditions as are prescribed by such333 |
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| 380 | 380 | | federal, state, county, or municipal government or agency or other source;334 |
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| 381 | 381 | | (9) To enter into agreements with the federal government or any agency thereof to use the335 |
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| 382 | 382 | | facilities or services of the federal government or any agency thereof in order to further or336 |
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| 383 | 383 | | carry out the public purposes of the district;337 |
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| 384 | 384 | | (10) To contract for any period not exceeding 50 years with the State of Georgia, state338 |
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| 385 | 385 | | institutions, or any municipal corporation, county, or political subdivision of this State for339 |
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| 386 | 386 | | the use by the district of any facilities or services of the State or any such State institution,340 |
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| 387 | 387 | | municipal corporation, county, or political subdivision of this state, or for the use by any341 |
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| 388 | 388 | | State institution or any municipal corporation, county, or political subdivision of the State342 |
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| 389 | 389 | | of any facilities or services of the district, provided that such contracts shall deal with such343 |
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| 390 | 390 | | S. B. 70 |
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| 391 | 391 | | - 14 - 25 LC 44 2889 |
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| 392 | 392 | | activities and transactions as the district and any such political subdivision with which the |
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| 393 | 393 | | 344 |
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| 394 | 394 | | district contracts are authorized by law to undertake;345 |
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| 395 | 395 | | (11) To receive and use the proceeds of any tax levied by any county or any municipal346 |
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| 396 | 396 | | corporation to pay the costs of any project or for any other purpose for which the board347 |
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| 397 | 397 | | may use its own funds pursuant to this Act;348 |
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| 398 | 398 | | (12) To receive and administer gifts, grants, and devises of money and property of any349 |
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| 399 | 399 | | kind and to administer trusts;350 |
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| 400 | 400 | | (13) To use any real property, personal property, fixtures or any interest therein or to rent351 |
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| 401 | 401 | | or lease such property to or from others or make contracts with respect to the use thereof352 |
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| 402 | 402 | | or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options353 |
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| 403 | 403 | | for any such property in any manner as it deems to be the best advantage of the district and354 |
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| 404 | 404 | | the public purposes thereof;355 |
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| 405 | 405 | | (14) To appoint, select, and employ engineers, surveyors, architects, urban or city356 |
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| 406 | 406 | | planners, fiscal agents, attorneys, and others and to fix their compensation and pay their357 |
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| 407 | 407 | | expenses;358 |
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| 408 | 408 | | (15) To encourage and promote the improvement and development of the district and to359 |
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| 409 | 409 | | make, contract for, or otherwise cause to be made long range plans or proposals for the360 |
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| 410 | 410 | | district in cooperation with the City of Conyers;361 |
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| 411 | 411 | | (16) To adopt bylaws governing the conduct of business by the board, the election and362 |
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| 412 | 412 | | duties of officers of the board, and other matters which the board considers appropriate for363 |
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| 413 | 413 | | the bylaws;364 |
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| 414 | 414 | | (17) To invest its funds, whether derived from the issuance of bonds or otherwise, in such365 |
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| 415 | 415 | | manner as it may deem prudent and appropriate;366 |
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| 416 | 416 | | (18) To exercise any power granted by the laws of this State to public or private367 |
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| 417 | 417 | | corporations which is not in conflict with the public purposes of the district; and368 |
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| 418 | 418 | | (19) To do all things necessary or convenient to carry out the powers conferred by this369 |
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| 419 | 419 | | Act.370 |
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| 420 | 420 | | S. B. 70 |
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| 421 | 421 | | - 15 - 25 LC 44 2889 |
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| 422 | 422 | | (b) The powers enumerated in this section are cumulative of and in addition to those powers |
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| 423 | 423 | | 371 |
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| 424 | 424 | | enumerated herein and elsewhere in this Act, and no such power shall limit or restrict any372 |
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| 425 | 425 | | other power of the board.373 |
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| 426 | 426 | | (c) The powers enumerated in this section are conferred for an essential governmental374 |
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| 427 | 427 | | function for a public purpose, and the revenues and debt of any district are not subject to375 |
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| 428 | 428 | | taxation.376 |
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| 429 | 429 | | SECTION 11.377 |
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| 430 | 430 | | Bonds generally.378 |
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| 431 | 431 | | (a) Notes or other obligations issued by a district other than general obligation bonds shall379 |
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| 432 | 432 | | be paid solely from the property pledged to pay such notes or other obligations. General380 |
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| 433 | 433 | | obligation bonds issued by any district shall constitute a general obligation of the district to381 |
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| 434 | 434 | | the repayment of which the full faith, credit and taxing power of the district shall be pledged.382 |
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| 435 | 435 | | (b) All bonds, notes, and other obligations of any district shall be authorized by resolution383 |
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| 436 | 436 | | of its board, adopted by a majority vote of the board members at a regular or special meeting.384 |
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| 437 | 437 | | (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time385 |
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| 438 | 438 | | or times (not more than 30 years from their respective dates), shall bear interest at such rate386 |
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| 439 | 439 | | or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall387 |
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| 440 | 440 | | be subject to redemption on such terms, and shall contain such other terms, provisions,388 |
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| 441 | 441 | | covenants, assignments, and conditions as the resolution authorizing the issuance of such389 |
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| 442 | 442 | | bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants,390 |
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| 443 | 443 | | assignments, and conditions contained in or provided or permitted by any resolution of the391 |
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| 444 | 444 | | board authorizing the issuance of such bonds, notes, or other obligations shall bind the board392 |
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| 445 | 445 | | members of the district then in office and their successors.393 |
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| 446 | 446 | | (d) The board shall have power from time to time and whenever it deems it expedient to394 |
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| 447 | 447 | | refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded395 |
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