06 LC 28
3005S
The
Senate Economic Development Committee offered the following substitute to SR
682:
A
RESOLUTION
Proposing
an amendment to the Constitution so as to authorize the General Assembly to
provide by general law for the creation and comprehensive regulation of
residential community improvement districts; to provide for the submission of
this amendment for ratification or rejection; and for other
purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
IX of the Constitution is amended by adding a new article at the end thereof, to
be designated Section VIII, to read as follows:
"SECTION
VIII.
RESIDENTIAL COMMUNITY IMPROVEMENT DISTRICTS
RESIDENTIAL COMMUNITY IMPROVEMENT DISTRICTS
Paragraph
I.
Creation.
The General Assembly may by general law provide for the creation of and
comprehensive regulation of residential community improvement
districts.
Paragraph
II.
Purposes.
The purpose of a residential community improvement district shall be the
creation, provision, and expansion of such infrastructure services and
facilities as may be provided for by general law.
Paragraph
III.
Administration.
(a) Any general law providing for the creation of residential community
improvement districts shall provide for the establishment of an administrative
or governing body for the residential community improvement district and the
appointment or election, terms, and qualifications of the members of such
body.
(b)
The administrative or governing body of each residential community improvement
district may be authorized to levy, impose, and collect such taxes, fees, and
assessments within the district, or portion or portions of such district, under
such conditions as shall be specified by general law.
Paragraph
IV.
Debt.
The administrative or governing body of a
residential community improvement district may incur debt, as authorized by
general law, without regard to any of the provisions of Section V of this
article, which debt may be backed by the full faith, credit, and taxing power of
the residential community improvement district but shall not be an obligation of
the State of Georgia or any other unit of government of the State of
Georgia.
Paragraph
V.
Cooperation
with local governments. The provisions of
this section shall in no way limit the authority of any county or municipality
to provide services or facilities within any residential community improvement
district; and any county or municipality shall retain full and complete
authority and control over any of its facilities located within an residential
community improvement district. Said control shall include but not be limited to
the modification of, access to, and degree and type of services provided through
or by facilities of the municipality or county. Nothing contained in this
section shall be construed to limit or preempt the application of any
governmental laws, ordinances, resolutions, or regulations to any residential
community improvement district or the services or facilities provided therein.
No residential community improvement district shall have or exercise the power
of condemnation or eminent domain, nor shall the state or any local government
delegate such power to or exercise such power through any residential community
improvement district.
Paragraph
VI.
Regulation
by general law.
The General Assembly by general law shall
provide for the powers, duties, and authority of residential community
improvement districts and may regulate, restrict, and limit the creation of
residential community improvement districts and the exercise of the powers of
administrative or governing bodies of residential community improvement
districts."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted
as provided in Article X, Section I, Paragraph II of the Constitution. The
ballot submitting the above proposed amendment shall have written or printed
thereon the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to authorize the General Assembly
to provide by general law for the creation and comprehensive regulation of
residential community improvement districts for the purpose of building
community projects consistent with local government comprehensive
plans?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.