§ 3-39. Creation.  


Latest version.
  • (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 undertaken 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)