Bill Text: GA HB764 | 2009-2010 | Regular Session | Introduced
Bill Title: Dunwoody, City of; governing authority; provisions
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2009-05-06 - Effective Date [HB764 Detail]
Download: Georgia-2009-HB764-Introduced.html
09 LC
34 2253/AP
House
Bill 764 (AS PASSED HOUSE AND SENATE)
By:
Representatives Millar of the
79th,
Oliver of the
83rd,
Drenner of the
86th,
Mitchell of the
88th,
Jacobs of the
80th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act entitled the "Unincorporated DeKalb County Community Improvement
District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as
amended, by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), an Act
approved April 1, 2005 (Ga. L. 2005, p. 3507), and an Act approved May 18, 2007
(Ga. L. 2007, p. 4064), so as to provide a definition for the governing
authority of the City of Dunwoody; to provide for the composition of the
district board upon the incorporation of some portion of the district; to
provide for future expansion of the district; to provide for debt of the
district; to provide for cooperation of the district with the City of Dunwoody;
to provide for powers of the district board; to provide for the adoption of a
dissolution resolution; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act entitled the "Unincorporated DeKalb County Community Improvement District
Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, by an
Act approved January 7, 1999 (Ga. L. 1999, p. 4805), an Act approved April 1,
2005 (Ga. L. 2005, p. 3507), and an Act approved May 18, 2007 (Ga. L. 2007, p.
4064), is amended in Section 3 by adding a new paragraph (10) and renumbering
existing paragraphs (10), (11), (12), (13), and (14) as follows:
"(10)
'Governing authority of the City of Dunwoody' means the city council of Dunwoody
and the mayor of Dunwoody as provided in an Act incorporating the City of
Dunwoody in DeKalb County, approved March 10, 2008 (Ga. L. 2008, p. 3536), as
amended.
(11)
'Governing authority of DeKalb County' means the Board of Commissioners of
DeKalb County and the Chief Executive Officer of DeKalb County as provided in an
Act superseding and consolidating the laws relating to DeKalb County, approved
March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act
approved April 9, 1981 (Ga. L. 1981, p. 4304).
(12)
'Project' means the acquisition, construction, installation, modification,
renovation, or rehabilitation of land, interests in land, buildings, structures,
facilities, or other improvements located or to be located within the district
or in any other community improvement district immediately adjoining the
district as to directly benefit the district, such benefit to be determined by
the board, 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, for all the essential public purposes set forth in Section 2 of
this Act.
(13)
'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 as certified by the 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.
(14)
'Property used nonresidentially' means property or any portion thereof used for
neighborhood shopping, planned shopping center, general commercial, tourist
services, office or institutional, office services, light industry, heavy
industry, central business district, parking, or other commercial or business
use, as well as vacant land zoned or approved for any of the uses specified in
this paragraph.
(15)
'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."
SECTION
2.
Said
Act is further amended in Section 5 by adding a new subsection (g) to read as
follows:
"(g)
If the boundaries of the district are subsequently changed after the 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 the boundaries of the district, 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."
SECTION
3.
Said
Act is further amended in Section 6 by revising subsection (d) as follows:
"(d)
Each property paying taxes, fees, or assessments levied by the board for any
public facility as set forth in Section 2 of this Act 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 DeKalb County or the City of Dunwoody against
said 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.'"
SECTION
4.
Said
Act is further amended in Section 7 by revising subsection (c) as
follows:
"(c)
The boundaries of the district may be increased after the initial creation of
the 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 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
authority of DeKalb County if the territory proposed to be annexed is in
unincorporated DeKalb County or by the governing authority of the City of
Dunwoody if the territory proposed to be annexed is in the City of
Dunwoody."
SECTION
5.
Said
Act is further amended by revising Section 8 as follows:
"SECTION
8.
Debt.
Debt.
The
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, DeKalb County, the City of Dunwoody, or any
other unit of government of the State of Georgia other than the
district."
SECTION
6.
Said
Act is further amended by revising Section 9 as follows:
"SECTION
9.
Cooperation with local governments.
Cooperation with local governments.
The
services and facilities provided in the unincorporated portion of the district
pursuant to this Act shall be provided for in a cooperation agreement executed
jointly by the board and the governing authority of DeKalb County. The services
and facilities provided in the incorporated portion of the district pursuant to
this Act shall be provided for in a cooperation agreement executed jointly by
the board and the governing authority of the City of Dunwoody. The provisions
of this section shall in no way limit the authority of DeKalb County and the
City of Dunwoody to provide services or facilities within the district, and
DeKalb County and the City of Dunwoody shall retain full and complete authority
and control over any of their facilities located within the district. Said
control shall include, but shall not be limited to, the modification of, access
to, and degree and type of services provided through or by facilities of the
county or city. 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
7.
Said
Act is further amended in Section 10 by revising paragraph (15) as
follows:
"(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 the City of
Dunwoody."
SECTION
8.
Said
Act is further amended by revising Section 14 as follows:
"SECTION
14.
Dissolution.
Dissolution.
(a)
The 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 the community
improvement district by the governing authority of DeKalb County and the
governing authority of the City of Dunwoody; and
(2)
The written consent to the dissolution of the community improvement district
by:
(A)
Two-thirds (67 percent) 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 to 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.
The
written consent provided for in subparagraphs (A) and (B) of this paragraph
shall be submitted to the DeKalb County Tax Commissioner, who shall certify
whether such written consent has been satisfied with respect to the 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 of all real property within the district, the
board shall send a ballot to each owner of real property within the district
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 those real 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 of DeKalb County and the governing authority of the City
of Dunwoody 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 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 for the
property relative to the total revenues paid by all properties in the
district.
(e)
When a dissolution becomes effective, the governing authority of DeKalb County
shall take title to all property previously in the ownership of the district and
located in the unincorporated portion of the district, and the governing
authority of the City of Dunwoody shall take title to all property previously in
the ownership of the district and located in the incorporated portion of the
district. All taxes, fees, and assessments of the district shall cease to be
levied and collected.
(f)
The district may be reactivated in the same manner as an original
activation."
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.