§ 1279. Creation.  


Latest version.
  • (a)

    Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984 (Ga. L. 1984, p. 1703), there is created one or more community improvement districts to be located in DeKalb County, Georgia, either wholly within the unincorporated area of such county, or wholly within any municipality in the county, or partly within one (1) or more municipalities and partly within the unincorporated area of the county, 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 as provided in section 5 of this act [section 1280 of this division]. 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 partly located if it is located partly within the unincorporated area of DeKalb County and partly within the incorporated area of any municipality; and

    (2)

    Written consent to the creation of the community improvement district by:

    (A)

    A majority of the owners of real property within the district which real property will be subject to taxes, fees, and assessments levied by the board of the district;

    (B)

    The owners of real property within the district which real property constitutes at least seventy-five (75) percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and

    (C)

    The written consents provided for above 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 [division] shall transact any business or exercise any powers under this act [division] 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 [division], and with the Department of Community Affairs.

    (b)

    Notwithstanding any other provisions of this act [division] to the contrary:

    (1)

    Each community improvement district created hereunder shall have a six-year life and shall automatically become inactive upon the expiration of six years after the date of activation of such district unless all of the conditions of activation enumerated in subsection (a) of this section are reaffirmed so as to extend the life of the district for six more years. There is no limit on the number of such extensions;

    (2)

    The power of the board to levy taxes shall be limited to five mills per dollar of assessed value;

    (3)

    No contractual obligations may be entered into beyond the term or life of the district; and

    (4)

    No agreement of cooperation shall be legal or binding upon any of the parties to such agreement for a period longer than the life of the district.

(Acts 1999, p. 4786, § 4)