Atlanta › Charter and Related Laws — Part I
Chapter 3 — Community Development
§ 3-1
Removal or demolition of unfit buildings or structures.
Sec. 3-1. Removal or demolition of unfit buildings or structures.
The General Assembly may establish procedures whereby any municipal corporation having a population of more than 400,000 according to the last or any future United States decennial census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense, after an administrative determination that a building or structure is unfit for human habitation, or is unfit for commercial, industrial or business occupancy or use and is economically unrepairable, under standards for such determination as prescribed by the General Assembly, and which may provide for commencement of an administrative proceeding in rem provided the owner and person having an interest in the real property involved are given notice and an opportunity to appear and be heard on the question of unfitness or unrepairability of the building or structure at issue. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be included in the amount of the lien against the property on which the building or structure is located. All such proceedings and work shall constitute and are hereby declared to be a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. (1974 Ga. Laws, page 1663, § 1)
Editor’s note—The above local constitutional amendment to Ga. Const. (1976) art. IX, § IV was continued in effect by 1986 Ga. Laws, page 4566.
Secs. 3-2—3-35. Reserved.
ARTICLE II. COMMUNITY IMPROVEMENT DISTRICTS
§ 3-36
Short title.
Sec. 3-36. Short title.
This Act shall be referred to as the “Atlanta Community Improvement District Act.” (1991 Ga. Laws, page 3653, § 1)
§ 3-37
Purpose.
Sec. 3-37. Purpose.
(a)The purpose of this Act shall be to provide for the creation of one or more community improvement districts within the City of Atlanta, Georgia, and such districts shall be created for the provision, acceleration, supplementation, or enhancement of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or any supplemental resolution amending same:
(1)Construction and maintenance of local, collector, and arterial streets as shown on the city’s street classification map or as otherwise included in the city’s most recently adopted Comprehensive Development Plan, including curbs, sidewalks, streetlights, and devices to control the flow of traffic on local, collector, and arterial streets;
(2)Parks and recreational areas and facilities;
(3)Stormwater 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.
(b)A community improvement district is intended to provide a means to address needs for the above governmental services and facilities as may be necessary in high-growth, high-intensity, nonresidential areas. (1991 Ga. Laws, page 3653, § 2)
§ 3-38
Definitions.
Sec. 3-38. Definitions.
As used in this Act, the term:
(1)“Agricultural” means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horseboarding facilities, and riding stables.
(2)“Board” means the governing body created for the governance of each community improvement district herein authorized.
(3)“Bonds” or “general obligation bonds” means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district.
(4)“Caucus of electors” means for each district the meeting of electors hereinafter provided for 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 is necessary to elect board members. No proxy votes may be cast.
(5)“City council” means the Atlanta City Council.
(6)“City governing authority or body” means the Atlanta City Council.
(7)“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; and 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, and 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 projects;
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 any 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 or incidental to any project or the financing thereof or the placing of any project in operation; and
1.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 proceeds of bonds, notes, or other obligations issued by the district.
(8)“District” means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body 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.
(9)“Electors” means the owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Fulton or DeKalb counties, or both, 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 to the appropriate Fulton County or DeKalb County tax commissioner, on a form satisfactory to the commissioner, at least eight days prior to an election. An owner of property subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owner’s property for an election based on value majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the aggregate of the owner’s properties subject to taxes, fees, or assessments levied by the board, for an election based on value majority. Multiple owners of one parcel have one vote for elections based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owners’ property for elections based on value majority, which must be cast by one of their number who is designated in writing by such multiple owners as their elector.
(10)“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 chairman of the Joint City-County (Atlanta-Fulton County) Board of Tax Assessors or 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 benefit 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 benefit 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.
(11)“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.
(12)“Hereby,” “herein,” “hereinunder,” and “herewith” mean under this Act.
(13)“Mayor” means the mayor of the City of Atlanta.
(14)“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 3-37 of this article].
(15)“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 Fulton County or DeKalb County, or both, within the district as certified by the appropriate Fulton County tax commissioner or DeKalb County tax commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole.
(16)“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 does not include residential.
(17)“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.
(18)“Taxpayer” means any 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.
(19)“Value” or “assessed value” of property means the values established in the most recent ad valorem tax reassessment of such properties certified by chairman of the Joint City-County (Atlanta-Fulton County) Board of Tax Assessors or DeKalb County Board of Tax Assessors.
(1991 Ga. Laws, page 3653, § 3)
See. 3-39. Creation.
(a)Pursuant to Article IX, Section VII, of the Constitution of the State of Georgia, as amended in 1984 (said amendment being set out at 1984 Ga. Laws, page 1703 et seq.), there is created one or more community improvement districts to be located in the City of Atlanta, Georgia, each of which shall be activated upon compliance with the conditions hereinafter provided, and which shall be governed by a board as hereinafter constituted. The conditions for such activation shall be:
(1)The adoption of a resolution by the city governing authority consenting to the creation of each community improvement district and imposing such conditions on the projects and activities which may be under taken as will ensure their compatibility with adopted city policies and planning for the area; 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 shall 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 and for this purpose value shall be determined by the most recent approved county ad valorem tax digest.
(b)The written consents provided for by paragraph (2) of subsection (a) of this section shall be submitted to the appropriate Fulton County or DeKalb County tax commissioner, or both, who shall certify whether subparagraphs (a) and (b) of said paragraph (2) have been satisfied with respect to each such proposed district.
(c)No district or board created hereunder shall transact any business or exercise any powers hereunder 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 hereunder, and with the Department of Community Affairs. (1991 Ga. Laws, page 3653, § 4)
See. 3-40. Administration, appointment, and election of board members.
(a)Each district created pursuant hereto shall be administered by a board composed of nine board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the mayor; two members shall be appointed by the president of the city council (one of whom shall be the current chairperson of the finance committee of the city council); and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The appointed board members shall serve at the pleasure of the city governing body for terms in office not to exceed four years. The initially elected board members shall serve for terms of office as follows: one-half thereof, or one less than half if an odd number, shall serve for two years, and the remaining board members shall serve for four years, respectively. Thereafter, all terms of office shall be for four years, including the appointed board members who serve at the pleasure of the city governing body.
(b)The initial board members to be elected as provided above 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 body of the municipality shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Fulton or DeKalb counties, or both, as hereinafter provided. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Fulton or DeKalb counties, or both, 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 positions which have terms expiring 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 hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Fulton County or DeKalb County, or both, on four dates, at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election.
(c)One board member shall be elected by majority vote of the electors present and voting at the caucus, on the basis of one vote for each elector. Said board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed, and to terms of office of four years thereafter. Five board members shall be elected by majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 (or fraction thereof) in assessed value of the property owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies to be filled through election shall be filled by majority vote in the same manner as the board member previously holding the seat.
(d)The board members shall be subject to recall as any other elected public official by the electors hereinabove defined.
(e)Board members, including appointed board members (with the exception of the chairman of the finance committee of the city council), 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.
(f)The 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 members as chairman and another as vicechairman and 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.
(g)O.C.G.A. tit. 21, ch. 2 (O.C.G.A. § 21-2-1 et seq.), known as the “Georgia Election Code,” shall not apply to the election of district board members. Should a vacancy in office occur of a district board member and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any' matter concerning such elections. (1991 Ga. Laws, page 3653, § 5)
See. 3-41. 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 and all property used for residential, agricultural, or forestry purposes and specifically excluding 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 which are provided to the City of Atlanta as a whole. Any tax, fee, or assessment so levied shall be collected by Fulton County or DeKalb County, or both, in the same manner as taxes, fees, and assessments are levied by Fulton County, DeKalb County, or the City of Atlanta, respectively. Delinquent taxes shall bear the same interest and penalties as Fulton County, DeKalb County, or City of Atlanta ad valorem taxes, respectively, 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 one percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Fulton County or DeKalb County, or both, to the board and shall be expended by the board only for the purposes authorized hereby.
(b)The board shall levy the above-provided taxes between January 1 and June 1 each calendar year and notify in writing the collecting governing body or bodies by June 15 each year so they may include the levy on their regular ad valorem tax bills.
(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)In accordance with the requirements of O.C.G.A. § 36-71-7, each property paying taxes, fees, or assessments levied by the board for any public facility as set forth in section 3-37 of this article, shall receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by the City of Atlanta against said property for system improvements, as defined under O.C.G.A. tit. 36, ch. 71 (O.C.G.A. § 36-71-1 et seq.), known as the “Georgia Development Impact Fee Act,” which are in the same category as said public facility. (1991 Ga. Laws, page 3653, § 6)
See. 3-42. Boundaries of the districts.
(a)The boundaries of each district shall be as designated as such by the city council as set forth in the resolutions required in section 3-39 of this article, or as may thereafter be added as hereinafter provided.
(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 is first obtained;
(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 and, for this purpose, value shall be determined by the most recent 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 city council.
(1991 Ga. Laws, page 3653, § 7)
§ 3-43
Debt.
Sec. 3-43. Debt.
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, 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. (1991 Ga. Laws, page 3653, § 8)
§ 3-44
Cooperation with local governments.
Sec. 3-44. Cooperation with local governments.
The services and facilities provided pursuant hereto shall be provided for in a cooperation agreement executed jointly by the board and the governing body of the City of Atlanta. The provisions of this section shall in no way limit the authority of the City ofAtlanta to provide services or facilities within the district; and the City of Atlanta 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. Nothing contained in this Act 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. (1991 Ga. Laws, page 3653, § 9)
§ 3-45
Powers.
Sec. 3-45. Powers.
(a)Each district and its board created pursuant hereto shall have powers, as determined by resolution of the governing authority, which powers are deemed necessary or convenient to carry out and effectuate the purposes and provisions hereof 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, and contracts with respect to the use of projects;
(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, and to operate or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations 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 thereof 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 the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as 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 municipal corporation 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, to operate or contract for operation of facilities and other improvements in any manner as it deems to be to 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 the City of Atlanta;
(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 City of Atlanta services; and
(19)To do all things necessary or convenient to carry out the powers conferred hereby.
(b)The powers enumerated in the resolution of the governing authority are to be drawn from those powers enumerated herein and elsewhere in this Act. (1991 Ga. Laws, page 3653, § 10)
§ 3-46
Bonds—Generally.
Sec. 3-46. Bonds—Generally.
(a)Notes or other obligations issued by the 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 hereunder. 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 of any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts.
(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. The signature of the clerk of the Superior Court of Fulton County or DeKalb County, or both, 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.
executed by a board may contain such provisions not inconsistent with law as shall be determined by such board.
(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 said 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 section 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 therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(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 herein, all or part of the cost of any projects, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder.
(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. (1991 Ga. Laws, page 3653, § 12)
(i)The terms “cost of the project” and “cost of any project” shall have the meaning prescribed herein 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. (1991 Ga. Laws, page 3653, § 11)
§ 3-47
Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc.
Sec. 3-47. Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc.
(a)Subject to the limitations and procedures provided by this section and by the immediately preceding section, the agreements or instruments
§ 3-48
Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the “Georgia Securities Act of 1973”; notice, proceeding, publication, referendum.
Sec. 3-48. 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 O.C.G.A. tit. 10, ch. 5 (O.C.G.A. § 10-5-1 et seq.), 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. (1991 Ga. Laws, page 3653, § 13)
RL3.12
§ 3-49
Dissolution.
Sec. 3-49. 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 city governing authority;
(2)The written consent to the dissolution of the community improvement district by:
a.A majority of the owners of real property within the district who are subject to taxes, fees, and assessments levied by the board of the district;
b.The owners of real property constituting at least 75 percent by value of all real property within the district who are to be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recently approved county ad valorem tax digest; and
(3)The written consent provided for above shall be submitted to the Fulton or DeKalb County tax commissioner, as applicable, who shall certify whether paragraph (2) of this subsection has 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 a majority 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 city governing authority and shall forward said ballots to the Fulton or 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 3-37 of this article, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any or all debt obligations 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 relative to the total revenues paid by all properties in the district.
(e)When a dissolution becomes effective, the city governing authority shall take title to all public facilities or land or easements to be used for such public facilities 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. (1991 Ga. Laws, page 3653, § 14)
Chapter 4 COURTS Article I. In General Secs. 4-1—4-35. Reserved.
Sec. 4-36. Sec. 4-37. Sec. 4-38. Sec. 4-39. Sec. 4-40.
Sec. 4-41. Sec. 4-42. Sec. 4-43. Sec. 4-44. Sec. 4-45.
Sec. 4-46. Sec. 4-47. Sec. 4-48. Sec. 4-49. Sec. 4-50. Sec. 4-51. Sec. 4-52. Sec. 4-53. Sec. 4-54. Sec. 4-55. Sec. 4-56. Sec. 4-57. Sec. 4-58. Sec. 4-59. Sec. 4-60. Sec. 4-61. Sec. 4-62. Sec. 4-63.
Sec. 4-64.
Article II. City Courts Court authorized. Establishment. Legislative determination. Jurisdiction. Judges—Qualifications; oath; compensation; restriction on practice of law. Same—Vacancies; method of appointment; removal; retirement. Retention of judges; term of office; failure to be retained. Chief judge; selection; chief judge pro tempore; duties. Authority of judges generally. Hearings on merits in open court; other proceedings allowed in chambers. Jurors; jury trials. Solicitors. Public defender. Investigators. Clerk and other court personnel; prohibition. Bailiffs. Constables. Service by judges pro hac vice. Service by senior judges. Solicitors and public defenders pro hac vice. Terms of court. Housing and facilities for courts. Violation bureau; director. Probation. Criminal prosecutions. Appellate review. Fines and forfeitures; priority in distribution. Additional penalty—For victims and witnesses assistance program. Same—For other purposes.
ARTICLE I. IN GENERAL
Secs. 4-1—4-35. Reserved.
ARTICLE II. CITY COURTS