07 LC 28
3679ER
House
Bill 816
By:
Representatives Henson of the
87th,
Watson of the
91st,
Chambers of the
81st,
Drenner of the
86th,
Millar of the
79th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for the creation of one or more community improvement districts in
DeKalb County and in each municipality therein; to provide for a short title; to
provide for the purposes of such districts; to provide for definitions; to
provide for boards to administer said districts; to provide for the appointment
and election of members of such boards; to provide for taxes, fees, and
assessments; to provide for the boundaries of such districts; to provide for
debt of such districts other than bonded indebtedness; to provide for
cooperation with local governments; to provide for powers of such boards; to
provide for construction; to provide that no notice, proceeding, publication, or
referendum shall be required; to provide for dissolutions; to provide the
procedures connected with all of the foregoing; to provide for severability; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Short title.
Short title.
This
Act shall be known and may be cited as the "DeKalb County Community Improvement
Districts Act of 2007."
SECTION
2.
Purpose.
Purpose.
The
purpose of this Act shall be to provide for the creation of one or more
community improvement districts within DeKalb County and each municipality
therein, and such districts shall be created for the provision of such of the
following governmental services and facilities as may be provided for in the
resolution activating each district created hereby, or as may be adopted by
resolutions of the majority of the electors and the majority of the equity
electors present and voting at a meeting of electors and equity electors. A
quorum shall consist of those electors and equity electors present. No proxy
votes may be cast. Notice of said meeting shall be given to said electors and
equity electors by publishing notice thereof in the legal organ of DeKalb County
at least once each week for four weeks prior to such meeting:
(1)
Street and road construction and maintenance, including curbs, sidewalks, street
lights, and devices to control the flow of traffic on streets and
roads;
(2)
Parks and recreational areas and facilities;
(3)
Storm water and sewage collection and disposal systems;
(4)
Development, storage, treatment, purification, and distribution of
water;
(5)
Public transportation;
(6)
Terminal and dock facilities and parking facilities; and
(7)
Such other services and facilities as may be provided for by general
law.
SECTION
3.
Definitions.
Definitions.
As
used in this Act, the term:
(1)
"Agricultural" means the growing of crops for sale or the raising of animals for
sale or use, including the growing of field crops and fruit or nut trees, the
raising of livestock or poultry, and the operation of dairies, horse boarding
facilities, and riding stables.
(2)
"Board" means the governing body created for the governance of each community
improvement district authorized by this Act.
(3)
"Caucus of electors" means for each district the meeting of electors as provided
in this Act at which the elected board members of the district are elected. A
quorum at such caucus shall consist of those electors present and a majority of
those present and voting shall be necessary to elect board members. No proxy
votes may be cast.
(4)
"Cost of the project" or "cost of any project" means and includes:
(A)
All costs of acquisition by purchase or otherwise, construction, assembly,
installation, modification, renovation, or rehabilitation incurred in connection
with any project or any part of any project;
(B)
All costs of real property, fixtures, or personal property used in or in
connection with or necessary for any project or for any facilities related
thereto, including, but not limited to, the cost of all land, estates for years,
easements, rights, improvements, water rights, connections for utility services,
fees, franchises, permits, approvals, licenses, and certificates; the cost of
securing any such franchises, permits, approvals, licenses, or certificates; the
cost of preparation of any application therefor; and the cost of all fixtures,
machinery, equipment including all transportation equipment and rolling stock,
furniture, and other property used in or in connection with or necessary for any
project;
(C)
All financing charges and loan fees and all interest on bonds, notes, or other
obligations of a district which accrue or are paid prior to and during the
period of construction of a project and during such additional period as the
board may reasonably determine to be necessary to place such project in
operation;
(D)
All costs of engineering, surveying, architectural, and legal services and all
expenses incurred by engineers, surveyors, architects, and attorneys in
connection with any project;
(E)
All expenses for inspection of any project;
(F)
All fees of fiscal agents, paying agents, and trustees for bondholders under any
trust agreement, indenture of trust, or similar instrument or agreement; all
expenses incurred by any such fiscal agents, paying agents, and trustees; and
all other costs and expenses incurred relative to the issuances of any bonds,
notes, or other obligations for any project;
(G)
All expenses of or incidental to determining the feasibility or practicability
of any project;
(H)
All costs of plans and specifications for any project;
(I)
All costs of title insurance and examinations of title with respect to any
project;
(J)
Repayment of any loans made for the advance payment of any part of the foregoing
costs, including interest thereon and any other expenses of such
loans;
(K)
Administrative expenses of the board and such other expenses as may be necessary
for or incidental to any project or the financing thereof or the placing of any
project in operation; and
(L)
The establishment of a fund or funds for the creation of a debt service reserve,
a renewal and replacement reserve, or such other funds or reserves as the board
may approve with respect to the financing and operation of any project and as
may be authorized by any bond resolution, trust agreement, indenture of trust,
or similar instrument or agreement pursuant to the provisions of which the
issuance of any bonds, notes, or other obligations of the district may be
authorized.
Any
cost, obligation, or expense incurred for any of the foregoing purposes shall be
a part of the cost of the project and may be paid or reimbursed as such out of
the proceeds of bonds, notes, or other obligations issued by the
district.
(5)
"District" means the geographical area designated as such by the resolution of
the governing body or bodies consenting to the creation of the community
improvement district or as thereafter modified by any subsequent resolution of
the governing body or bodies within which the district is or is to be located,
or a body corporate and politic being a community improvement district created
and activated pursuant hereto, as the context requires or permits.
(6)
"Electors" means the owners of real property used nonresidentially within the
district which is subject to taxes, fees, and assessments levied by the board,
as they appear on the most recent ad valorem real property tax return records of
DeKalb County, or one officer or director of a corporate elector, one trustee of
a trust which is an elector, one partner of a partnership elector, or one
designated representative of an elector whose designation is made in writing.
An owner of property that is subject to taxes, fees, or assessments levied by
the board shall have one vote for an election based on numerical majority. An
owner of multiple parcels has one vote, not one vote per parcel, for an election
based on numerical majority. Multiple owners of one parcel have one vote for an
election based on numerical majority which must be cast by one of their number
who is designated in writing.
(7)
"Equitably apportioned among the properties subject to such taxes, fees, and
assessments according to the need for governmental services and facilities
created by the degree of density of development of each such property," with
reference to taxes, fees, and assessments levied by the board, means that the
burden of the taxes, fees, and assessments shall be apportioned among the
properties subject thereto based upon the values established in the most recent
ad valorem tax reassessment of such properties certified by the chairperson of
the DeKalb County Board of Tax Assessors, or may be apportioned among the
properties subject thereto in direct or approximate proportion to the receipt of
services or benefits derived from the improvements or other activities for which
the taxes, fees, or assessments are to be expended, or may be apportioned in any
other manner or combination of manners deemed equitable by the board, including,
but not limited to, the recognition of differential benefits which may
reasonably be expected to accrue to new land development in contrast to lands
and improvements already in existence at the time of creation of the community
improvement district.
(8)
"Equity electors" means electors who cast votes equal to each $1,000.00 value of
all owned real property within the district which is then subject to taxes,
fees, and assessments levied by the board. The value of real property shall be
the assessed value. In the event the owner shall be a corporation, trust,
partnership, multiple owners, or any other entity, one person shall be
designated as elector and such designation shall be made in
writing.
(9)
"Forestry" means the planting and growing of trees for sale in a program which
includes reforestation of harvested trees, regular underbrush and undesirable
growth clearing, fertilizing, pruning, thinning, cruising, and marking which
indicate an active tree-farming operation. It does not include the casual
growing of trees on land otherwise idle or held for investment, even though some
harvesting of trees may occur thereon.
(10)
"Project" means the acquisition, construction, installation, modification,
renovation, or rehabilitation of land, interests in land, buildings, structures,
facilities, or other improvements, including operation of facilities or other
improvements, located or to be located within or otherwise providing service to
the district and the acquisition, installation, modification, renovation,
rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or
other property of any nature whatsoever used on, in, or in connection with any
such land, interest in land, building, structure, facility, or other
improvement; the creation, provision, enhancement, or supplementing of public
services such as fire, police, and other services, provided that same do not
conflict with or duplicate existing public services; and all for the essential
public purposes set forth in Section 2 of this Act.
(11)
"Property owner" or "owner of real property" means any entity or person shown as
a taxpayer for one or more parcels of real estate on the most recent ad valorem
tax records of DeKalb County within the district. Ownership as shown by the
most recent ad valorem real property tax records of DeKalb County shall be
prima-facie proof of ownership. Multiple owners of one parcel shall constitute
one property owner and shall designate in writing one of their number to
represent the whole.
(12)
"Property used nonresidentially" means property or any portion thereof used for
neighborhood shopping, planned shopping center, general commercial, transient
lodging facilities, tourist services, office or institutional, office services,
light industry, heavy industry, central business district, parking, or other
commercial or business use or vacant land zoned or approved for any of the
aforementioned uses which do not include residential.
(13)
"Residential" means a specific work or improvement undertaken primarily to
provide single-family or multifamily dwelling accommodations for persons and
families and such community facilities as may be incidental or appurtenant
thereto.
(14)
"Taxpayer" means an entity or person paying ad valorem taxes on real property,
whether on one or more parcels of property within the district. Multiple owners
of one parcel shall constitute one taxpayer and shall designate in writing one
of their number to represent the whole.
SECTION
4.
Creation.
Creation.
Pursuant
to Article IX, Section VII of the Constitution of the State of Georgia, there is
created one or more community improvement districts to be located in Dekalb
County, Georgia, either wholly within the unincorporated area thereof, or wholly
within any municipality therein, or partly within one or more municipalities and
partly within the unincorporated area thereof, each of which shall be activated
upon compliance with the conditions set forth in this section. Each district
shall be governed by a board constituted by this Act. The conditions for such
activation shall be:
(1)
The adoption of a resolution consenting to the creation of each community
improvement district by:
(A)
The governing authority of DeKalb County if the district is located wholly
within the unincorporated area of DeKalb County;
(B)
The governing authority of the municipality if the district is located wholly
within the incorporated area of a municipality; or
(C)
The governing authorities of DeKalb County and any municipality in which the
district is partially located if it is located partially within the
unincorporated area of DeKalb County and partially within the incorporated area
of any municipality; and
(2)
The written consent to the creation of the community improvement district
by:
(A)
A majority of the owners of real property within the district which will be
subject to taxes, fees, and assessments levied by the board of the district;
and
(B)
The owners of real property within the district which constitutes at least 75
percent by value of all real property within the district which will be subject
to taxes, fees, and assessments levied by the board. For this purpose, value
shall be determined by the most recent approved county ad valorem tax
digest.
The
written consent provided for in this paragraph shall be submitted to the tax
commissioner of DeKalb County, who shall certify whether subparagraphs (A) and
(B) of this paragraph have been satisfied with respect to each such proposed
district.
No
district or board created under this Act shall transact any business or exercise
any powers under this Act until the foregoing conditions are met. A copy of
such resolutions shall be filed with the Secretary of State, who shall maintain
a record of all districts activated under this Act, and with the Department of
Community Affairs.
SECTION
5.
Administration, appointment, and election of board members.
Administration, appointment, and election of board members.
(a)
Each district created pursuant to this Act shall be administered by a board
composed of a minimum of seven board members to be appointed and elected as
provided in this section. One board member shall be appointed by the governing
authority of DeKalb County. One board member shall be appointed by the
governing authority of each municipality, if any portion of the district lies
within the incorporated area of such municipality; three board members shall be
elected by the vote of electors; and three members shall be elected by the vote
of equity electors. The board shall be seven in number plus one for each member
appointed by the governing authority of each municipality as provided above.
The members representing the electors and equity electors shall be elected to
serve in post positions 1 through 6, respectively. Each elected board member
must receive a majority of the votes cast for the post for which he or she is a
candidate. Votes for posts 1, 2, and 3 shall be cast by electors and votes for
posts 4, 5, and 6 shall be cast by equity electors. The initial term of office
for the members representing posts 1 and 4 shall be one year. The initial term
of office for the members representing posts 2 and 5 shall be two years and the
initial term of office of the members representing posts 3 and 6 shall be three
years. Thereafter, all terms of office shall be for three years, except the
appointed board members who serve at the pleasure of the governing body which
appointed them respectively.
(b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the governing authority of DeKalb County, or the governing body of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of DeKalb County. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in DeKalb County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held under the provisions of this section, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of DeKalb County at least once each week for four weeks prior to such election.
(c) Board members shall be subject to recall as any other elected public official by the electors defined by this Act.
(d) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member´s position shall be declared vacant as of the date of the event terminating such status.
(e) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the board or an elector.
(f) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality´s boundaries are changed to include land within an existing district, or if a municipality is subsequently created by Act of the General Assembly, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If the boundaries of a district or municipality are subsequently changed, or if a new municipality is subsequently created by Act of the General Assembly after creation of a district to include land within the unincorporated area of DeKalb County and the district originally had no land within the unincorporated area of DeKalb County, the governing authority of DeKalb County shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the unincorporated area of DeKalb County or within a municipality, respectively, then the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member.
(g) Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
(b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the governing authority of DeKalb County, or the governing body of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of DeKalb County. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in DeKalb County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held under the provisions of this section, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of DeKalb County at least once each week for four weeks prior to such election.
(c) Board members shall be subject to recall as any other elected public official by the electors defined by this Act.
(d) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member´s position shall be declared vacant as of the date of the event terminating such status.
(e) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the board or an elector.
(f) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality´s boundaries are changed to include land within an existing district, or if a municipality is subsequently created by Act of the General Assembly, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If the boundaries of a district or municipality are subsequently changed, or if a new municipality is subsequently created by Act of the General Assembly after creation of a district to include land within the unincorporated area of DeKalb County and the district originally had no land within the unincorporated area of DeKalb County, the governing authority of DeKalb County shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the unincorporated area of DeKalb County or within a municipality, respectively, then the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member.
(g) Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION
6.
Taxes, fees, and assessments.
Taxes, fees, and assessments.
(a)
The board may levy taxes, fees, and assessments within the district only on real
property used nonresidentially, specifically excluding all property exempt from
ad valorem taxation under the Constitution or laws of the State of Georgia; all
property used for residential, agricultural, or forestry purposes; and all
tangible personal property and intangible property. Any tax, fee, or assessment
so levied shall not exceed 2.5 percent of the aggregate assessed value of all
such real property. The taxes, fees, and assessments levied by the board shall
be equitably apportioned among the properties subject to such taxes, fees, and
assessments according to the need for governmental services and facilities
created by the degree of density of development of each such property. The
proceeds of taxes, fees, and assessments levied by the board shall be used only
for the purpose of providing governmental services and facilities which are
specially required by the degree of density of development within the district
and not for the purpose of providing those governmental services and facilities
provided to the county or municipality as a whole. Any tax, fee, or assessment
so levied shall be collected by DeKalb County, if the district lies wholly or
partly within the unincorporated area of DeKalb County, or by the municipality
within which it lies, if it is wholly within a municipality, in the same manner
as taxes, fees, and assessments are levied by DeKalb County or the municipality,
respectively. Delinquent taxes shall bear the same interest and penalties as
DeKalb County or municipal ad valorem taxes and may be enforced and collected in
the same manner. The proceeds of taxes, fees, and assessments so levied, less a
fee to cover the costs of collection of 1 percent of such proceeds, but not more
than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County
or the municipality who collects same, to the board and shall be expended by the
board only for the purposes authorized by this
Act.
(b) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible.
(c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded.
(d) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act may receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by DeKalb County against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the 'Georgia Development Impact Fee Act.' Application for such development impact fee credit may be granted by legislative action of the governing authority of DeKalb County in its discretion.
(b) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible.
(c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded.
(d) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act may receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by DeKalb County against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the 'Georgia Development Impact Fee Act.' Application for such development impact fee credit may be granted by legislative action of the governing authority of DeKalb County in its discretion.
SECTION
7.
Boundaries of the districts.
Boundaries of the districts.
(a)
The boundaries of each district shall be as designated as such by the governing
authority of DeKalb County if wholly within the unincorporated area of DeKalb
County and such municipalities within which the district may be partially
located if partially within the unincorporated area of DeKalb County and
partially within one or more municipalities, or by the governing authority of a
municipality if wholly within the incorporated area thereof, as set forth in the
resolutions required in Section 4 of this Act, or as may thereafter be added as
provided in this Act.
(b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1)
Written consent of a majority of the owners of real property within the area
sought to be annexed and which will be subject to taxes, fees, and assessments
levied by the board of the district;
(2)
Written consent of owners of real property within the area sought to be annexed
which constitutes at least 75 percent by value of the property which will be
subject to taxes, fees, and assessments levied by the board. For this purpose,
value shall be determined by the most recent approved county ad valorem tax
digest;
(3)
The adoption of a resolution consenting to the annexation by the board of the
district; and
(4)
The adoption of a resolution consenting to the annexation by the governing
authorities of DeKalb County, if any portion of the district is or is to be in
the unincorporated area of DeKalb County, and such municipalities as may have
area within the district before or after the annexation.
(c)
The boundaries of a district may also be increased after the initial creation of
a district if:
(1)
Written consent of the owners of any real property sought to be annexed and
which will not be subject to taxes, fees, and assessments levied by the board of
the district is first obtained;
(2)
The board of the district adopts a resolution consenting to the annexation;
and
(3)
A resolution is adopted which grants consent to the annexation by the governing
authorities of DeKalb County, if any portion of the district is in the
unincorporated area of DeKalb County, and such municipalities as may have area
within the district before or after the annexation.
(d)
Property which is not subject to taxes, fees, and assessments levied by the
board of the district and which is adjacent to, contiguous to, or abutting
property within the district may be annexed by:
(1)
The adoption of a resolution approving the annexation by the board of the
district; and
(2)
The adoption of a resolution granting consent to the annexation by the governing
authorities of DeKalb County, if any portion of the district is in the
unincorporated area of DeKalb County, and such municipalities as may have area
within the district before or after the annexation.
SECTION
8.
Debt.
Debt.
Except
as otherwise provided in this section, each district may incur debt without
regard to the requirements of Article IX, Section V of the Constitution of
Georgia, or any other provision of law, prohibiting or restricting the borrowing
of money or the creation of debt by political subdivisions of the State of
Georgia, which debt shall be backed by the full faith and credit and taxing
power of the district but shall not be an obligation of the State of Georgia or
any other unit of government of the State of Georgia other than the
district.
SECTION
9.
Cooperation with local governments.
Cooperation with local governments.
The
services and facilities provided pursuant to this Act shall be provided for in a
cooperation agreement executed jointly by the board, the governing body of
DeKalb County, and any municipalities within which the district is partially
located. The provisions of this section shall in no way limit the authority of
DeKalb County or any such municipality to provide services or facilities within
the district; and DeKalb County or such municipalities shall retain full and
complete authority and control over any of its facilities located within its
respective areas of any 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 the
district or the services or facilities provided therein.
SECTION
10.
Powers.
Powers.
(a)
Each district and its board created pursuant hereto shall have all of the powers
necessary or convenient to carry out and effectuate the purposes and provisions
of this Act, including, without limiting the generality of the foregoing, the
power:
(1)
To bring and defend actions;
(2)
To adopt and amend a corporate seal;
(3)
To make and execute contracts, agreements, and other instruments necessary or
convenient to exercise the powers of the board or to further the public purposes
for which the district is created, including, but not limited to, contracts for
construction of projects, leases of projects, contracts for sale of projects,
agreements for loans to finance projects, contracts with respect to the use of
projects, and agreements with other jurisdictions or community improvement
districts regarding multijurisdictional projects or services or for other
cooperative endeavors to further the public purposes of the
district;
(4)
To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of
real and personal property of every kind and character, or any interest therein,
in furtherance of the public purposes of the district;
(5)
To finance by loan, grant, lease, or otherwise; construct; erect; assemble;
purchase; acquire; own; repair; remodel; renovate; rehabilitate; modify;
maintain; extend; improve; install; sell; equip; expand; add to; operate; or
manage projects and to pay the cost of any project from the proceeds of the
district or any other funds of the district, or from any contributions or loans
by persons, corporations, partnerships whether limited or general, or other
entities, all of which the board is authorized to receive, accept, and
use;
(6)
To borrow money to further or carry out its public purposes and to execute
bonds, notes, other obligations, leases, trust indentures, trust agreements,
agreements for the sale of its bonds, notes or other obligations, loan
agreements, security agreements, assignments, and such other agreements or
instruments as may be necessary or desirable, in the judgment of the board, to
evidence and to provide security for such borrowing;
(7)
To issue bonds, notes, or other obligations of the district and use the proceeds
for the purpose of paying all or any part of the cost of any project and
otherwise to further or carry out the public purposes of the district and to pay
all costs of the board incidental to, or necessary and appropriate to,
furthering or carrying out such purposes;
(8)
To make application directly or indirectly to any federal, state, county, or
municipal government or agency or to any other source, whether public or
private, for loans, grants, guarantees, or other financial assistance in
furtherance of the district´s public purposes and to accept and use the
same upon such terms and conditions as are prescribed by such federal, state,
county, or municipal government or agency or other source;
(9)
To enter into agreements with the federal government or any agency thereof to
use the facilities or services of the federal government or any agency thereof
in order to further or carry out the public purposes of the
district;
(10)
To contract for any period, not exceeding 50 years, with the State of Georgia,
state institutions, or any municipal corporation, county, or political
subdivision of this state for the use by the district of any facilities or
services of the state or any such state institution, municipal corporation,
county, or political subdivision of this state, or for the use by any state
institution or any municipal corporation, county, or political subdivision of
this state of any facilities or services of the district, provided that such
contracts shall deal with such activities and transactions as the district and
any such political subdivision with which the district contracts are authorized
by law to undertake;
(11)
To receive and use the proceeds of any tax levied by any county or any
municipality to pay the costs of any project or for any other purpose for which
the board may use its own funds pursuant hereto;
(12)
To receive and administer gifts, grants, and devises of money and property of
any kind and to administer trusts;
(13)
To use any real property, personal property, or fixtures or any interest therein
or to rent or lease such property to or from others or make contracts with
respect to the use thereof or to sell, lease, exchange, transfer, assign,
pledge, or otherwise dispose of or grant options for any such property in any
manner as it deems to be the best advantage of the district and the public
purposes thereof;
(14)
To appoint, select, and employ engineers, surveyors, architects, urban or city
planners, fiscal agents, attorneys, and others and to fix their compensation and
pay their expenses;
(15)
To encourage and promote the improvement and development of the district and to
make, contract for, or otherwise cause to be made long-range plans or proposals
for the district in cooperation with DeKalb County and any municipality in which
the district is wholly or partially located;
(16)
To adopt bylaws governing the conduct of business by the board, the election and
duties of officers of the board, and other matters which the board determines to
deal with in its bylaws;
(17)
To exercise any power granted by the laws of this state to public or private
corporations which is not in conflict with the public purposes of the
district;
(18)
To create, provide, enhance, or supplement public services such as fire, police,
and other such services as may be deemed necessary, provided that said public
services do not conflict with or duplicate existing DeKalb County or municipal
services; and
(19)
To do all things necessary or convenient to carry out the powers conferred by
this section.
(b)
The powers enumerated in each paragraph of subsection (a) of this section are
cumulative of and in addition to those powers enumerated in this section and
elsewhere in this Act; and no such power limits or restricts any other power of
the board.
SECTION
11.
Bonds - generally.
Bonds - generally.
(a)
Notes or other obligations issued by a district other than general obligation
bonds shall be paid solely from the property pledged to pay such notes or other
obligations. General obligation bonds issued by any district shall constitute a
general obligation of the district to the repayment of which the full faith and
credit and taxing power of the district shall be
pledged.
(b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting.
(c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors.
(d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded.
(e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district.
(f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide.
(g) Bonds shall bear a certificate of validation. This signature of the clerk of the Superior Court of DeKalb County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state.
(h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(i) The terms 'cost of the project' and 'cost of any project' shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.
(b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting.
(c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors.
(d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded.
(e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district.
(f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide.
(g) Bonds shall bear a certificate of validation. This signature of the clerk of the Superior Court of DeKalb County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state.
(h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(i) The terms 'cost of the project' and 'cost of any project' shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.
SECTION
12.
Authorized contents of agreements and instruments; use of proceeds of sale bonds,
notes, and other obligations; subsequent issues of obligations.
Authorized contents of agreements and instruments; use of proceeds of sale bonds,
notes, and other obligations; subsequent issues of obligations.
(a)
Subject to the limitations and procedures provided by this section and by
Section 11 of this Act, the agreements or instruments executed by a board may
contain such provisions not inconsistent with law as shall be determined by the
board.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act.
(c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(d) In the event that any district shall be terminated in accordance with this Act, the board shall serve until December 31 of the year in which terminations shall be approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the governing authority of the county shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the governing authority of the county may, by resolution, assume all rights and obligations of the district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act.
(c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(d) In the event that any district shall be terminated in accordance with this Act, the board shall serve until December 31 of the year in which terminations shall be approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the governing authority of the county shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the governing authority of the county may, by resolution, assume all rights and obligations of the district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution.
SECTION
13.
Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the 'Georgia
Securities Act of 1973'; notice, proceeding, publication, referendum.
Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the 'Georgia
Securities Act of 1973'; notice, proceeding, publication, referendum.
This
Act shall be liberally construed to effect the purposes hereof. The offer,
sale, or issuance of bonds, notes, or other obligations by a district shall not
be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the
'Georgia Securities Act of 1973.' No notice, proceeding, or publication except
those required hereby shall be necessary to the performance of any act
authorized hereby, nor shall any such act be subject to referendum.
SECTION
14.
Dissolution.
Dissolution.
(a)
Any district activated under the provisions of this Act may be dissolved. The
conditions for such dissolution shall be:
(1)
The adoption of a resolution approving of the dissolution of each community
improvement district by the DeKalb County Board of Commissioners, if wholly
within the unincorporated area of DeKalb County, and such municipalities within
which the district may be located, if partially within the unincorporated area
of DeKalb County and partially within one or more municipalities, or by the
governing authority of a municipality, if wholly within the incorporated area
thereof; and
(2)
The written consent to the dissolution of the community improvement district
by:
(A)
Two-thirds of the owners of real property within the district which are subject
to taxes, fees, and assessments levied by the board of the district;
and
(B)
The owners of real property constituting at least 75 percent by value of all
real property within the district which are subject to taxes, fees, and
assessments levied by the board. For this purpose, value shall be determined by
the most recent approved county ad valorem tax digest.
The
written consent provided for in this paragraph shall be submitted to the DeKalb
County tax commissioner, who shall certify whether subparagraphs (A) and (B) of
this paragraph have been satisfied with respect to each proposed district
dissolution.
(b)
At the official caucus of electors at which board members are to be elected in
the sixth year following creation of the district, and every sixth year
thereafter, the question shall be put to the electors present to dissolve the
community improvement district. Upon an affirmative vote of two-thirds of the
electors present and voting, who shall represent at least 75 percent of the
votes cast on the basis of value, the board shall send a ballot to each owner of
property subject to taxes, fees, and assessments levied by the board for a vote
on the dissolution. Upon receipt of ballots consenting to the dissolution from
a majority of the property owners, who shall represent at least 75 percent of
the assessed value of said properties, the board shall request dissolution by
the governing authority and shall forward said ballots to the DeKalb County tax
commissioner for certification.
(c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired.
(d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district.
(e) When a dissolution becomes effective, the county governing authority or the governing authority of a municipality, if wholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected.
(f) A district may be reactivated in the same manner as an original activation.
(g) No obligation of debt may be entered into beyond the term or life of the district.
(c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired.
(d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district.
(e) When a dissolution becomes effective, the county governing authority or the governing authority of a municipality, if wholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected.
(f) A district may be reactivated in the same manner as an original activation.
(g) No obligation of debt may be entered into beyond the term or life of the district.
SECTION
15.
Severability.
Severability.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the other sections, subsections, sentences, clauses, or phrases
of this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it had
known that such part or parts hereof would be declared or adjudged invalid or
unconstitutional.
SECTION
16.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
17.
General Repealer.
General Repealer.
All
laws and parts of laws in conflict with this Act are repealed.