SB616: SB616 Fulton County; written consent for the creation of community improvement districts; provide

26 LC 62 0432 Senate Bill 616 By: Senators Halpern of the 39th, Kemp of the 38th, James of the 28th, Orrock of the 36th, McLaurin of the 14th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend an Act creating one or more community improvement districts in unincorporated1 Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by2 an Act approved April 2, 1998 (Ga. L. 1998, p. 4065) and an Act approved April 2, 20143 (Ga. L. 2014, p. 3526), so as to provide for written consent fo r the creation of community4 improvement districts; to provide for submission of certain res olutions; to provide for the5 appointment of a certain number of board members in case of vac ancies on the board for6 certain community improvement districts; to provide for special elections for certain7 vacancies for certain community improvement districts; to provide for notice; to provide for8 annexation of property into a community improvement district; to provide for written consent9 for dissolution of community improvement districts; to provide for a definition; to provide10 for related matters; to repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 An Act creating one or more community improvement districts in unincorporated Fulton14 County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act15 S. B. 616 - 1 - 26 LC 62 0432 approved April 2, 1998 (Ga. L. 1998, p. 4065) and an Act approv ed April 2, 2014 (Ga. L.16 2014, p. 3526), is amended by revising paragraph (12) of Section 3 as follows:17 "(12) 'Property owner' or 'owner of real property' means any entity or person shown as18 a taxpayer for one or more parcels of real estate on the most r ecent ad valorem tax19 records of Fulton County within the district. Multiple owners of one parcel shall20 constitute one property owner and shall designate in writing on e of their number to21 represent the whole."22 SECTION 2.23 Said Act is further amended by revising paragraph (2) of Section 4 as follows:24 "(2)(A) Written consent to the creation of the community improvement district by:25 (i) A majority of the owners of real property within the district which will be subject26 to taxes, fees, and assessments levied by the board of the district;27 (ii) The owners of real property within the district which con stitutes at least 7528 percent by value of all real property within the district which will be subject to taxes,29 fees, and assessments levied by the board and for this purpose value shall be30 determined by the most recent approved county ad valorem tax digest; and31 (iii) The written consent provided for in this subparagraph shall be submitted to the32 Fulton County Tax Commissioner who shall, within 60 days of receipt of said written33 consent, either certify whether divisions (i) and (ii) of this subparagraph have been34 satisfied with respect to each proposed district or state in wr iting the reasons why35 certification cannot be made.36 (B) No district or board created under this Act shall transact any business or exercise37 any powers under this Act until the conditions of subparagraph (A) of this paragraph38 are met. A copy of such resolutions shall be filed with the Secretary of State who shall39 maintain a record of all districts activated under this Act and a second copy shall be40 filed with the Department of Community affairs."41 S. B. 616 - 2 - 26 LC 62 0432 SECTION 3.42 Said Act is further amended by adding a new subsection to Section 5 to read as follows:43 "(b.1) This subsection shall only apply to districts with a companion district in an adjacent44 county. The initial board members to be elected as provided he rein shall be elected in a45 caucus of electors which shall be held within 60 days after the adoption of the resolutions46 and obtaining the written consents herein provided at such time and place within the district47 as the Fulton County Board of Commissioners shall designate aft er notice thereof shall48 have been given to said electors by publishing the same in the legal organ of Fulton County49 as hereinafter provided. Thereafter, there shall be conducted biennially, not later than 6050 days following the last day for filing ad valorem property tax returns in Fulton County, a51 caucus of said electors at such time and place within the district as the board shall designate52 in such notice for the purpose of electing board members to tho se positions which have53 terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the54 remaining members of the board shall, by majority vote within 60 days, appoint an elector55 to fill such vacancy. A board member appointed by the majority vote of the board to fill56 a vacancy shall only serve until the next regularly scheduled e lection, regardless of the57 actual duration of the unexpired term of the board member vacat ing the position. At no58 time shall the board include more than two members who were appointed by other board59 members. If a vacancy occurs while two board members appointed by the board are60 currently serving on the board, then a special election shall be called to fill the unexpired61 term as provided for in this subsection. If a vacancy occurs for which a special election is62 required, the board shall, within 60 days of the vacancy, call an election to be held within63 60 days of such call, unless the vacancy occurs within 180 days of the next regularly64 scheduled election, in which case a special election may, but need not, be called. For any65 special election held pursuant to this subsection, notice of th e special election shall be66 given to the electors by publishing notice of the special election in the legal organ of Fulton67 S. B. 616 - 3 - 26 LC 62 0432 County on four dates at least 45 days, 31 days, 17 days, and ten days, respectively, prior68 to such election."69 SECTION 4.70 Said Act is further amended by revising subsection (a) and paragraph (4) of subsection (b)71 of Section 7 as follows:.72 "(a) The boundaries of each district shall be as designated as such by the Fulton County73 Board of Commissioners if wholly within unincorporated Fulton C ounty and such74 municipalities within which the district may be partially locat ed if partially within the75 unincorporated area of Fulton County and partially within one or more municipalities, or76 by the governing authority of a municipality if wholly within t he unincorporated area77 thereof, as set forth in the resolutions required in Section 4 of this act, or as may thereafter78 be added as provided in this Act. In the event the real property is added to the district after79 its initial creation, if none of the annexation area is in unincorporated Fulton County, the80 Fulton County Board of Commissioners shall not be required to m ake an additional81 designation of boundaries of the district. Municipalities that do not have parcels in the82 annexation area shall not be required to make an additional designation of boundaries."83 "(4) The adoption of a resolution consenting to the annexation by the governing84 authorities of Fulton County, if any portion of the annexed are a is to be in the85 unincorporated area of Fulton County, and such municipalities as may have area within86 the district to be added by the annexation."87 SECTION 5.88 Said Act is further amended by revising paragraph (2) of subsec tion (a) of Section 14 as89 follows:90 "(2)(A) The written consent to the dissolution of the community improvement district91 by:92 S. B. 616 - 4 - 26 LC 62 0432 (i) Two-thirds of the owners of real property within the district which are subject to93 taxes, fees, and assessments levied by the board of the district; and94 (ii) The owners of real property constituting at least 75 perc ent by value of all real95 property within the district which are to be subject to taxes, fees, and assessments96 levied by the board and for this purpose value shall be determined by the most recent97 approved county ad valorem tax digest.98 (B) The written consent provided for in this paragraph shall be submitted to the Fulton99 County Tax Commissioner, who shall certify whether divisions (i ) and (ii) of100 subparagraph (A) of this paragraph have been satisfied with respect to such proposed101 dissolution."102 SECTION 6.103 All laws and parts of laws in conflict with this Act are repealed.104 S. B. 616 - 5 -