§ 3-41. Taxes, fees, and assessments  


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  • (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)