05 LC 34
0126/AP
House
Bill 295 (AS PASSED HOUSE AND SENATE)
By:
Representatives Millar of the
79th,
Watson of the
91st,
Jacobs of the
80th,
Chambers of the
81st,
Mitchell of the
88th,
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), so as to increase the
number of board members on the governing body of the community improvement
district authorized by such Act; to change the provisions relating to filling
vacancies on the governing body of the community improvement district; to
provide for appointment of an elector to fill a vacancy in certain
circumstances; to provide for the term of service of such appointed members; to
limit the number of appointed members serving simultaneously; to provide for a
special election to fill a vacancy in certain circumstances; to provide for an
effective date; 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), is amended by striking
subsections (a), (b), and (c) of Section 5, relating to the filling of vacancies
on the board, in their entirety and substituting in lieu thereof new subsections
(a), (b), and (c) to read as follows:
"(a)
The district created pursuant to this Act shall be administered by a board
composed of up to nine members to be appointed and elected as provided by this
Act. Two board members shall be appointed by the governing authority of DeKalb
County; 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
governing authority of DeKalb County which appointed such members. The initial
elected board members shall serve for terms of office as follows: two shall
serve for two years, and three shall serve for four years. If authorized by
proper action of the board, at the first date for election of board members in
2005, or at any future biennial caucus of electors as provided in subsection (b)
of this section, there shall be added up to two additional elected board
members, for a total number of up to nine board members. Of the additional
authorized elected board members, if necessary to provide staggered terms, one
shall serve for two years, and one shall serve for four years. Thereafter, all
terms of office for all elected board members shall be for four
years.
(b)
The initial board members to be elected as provided in subsection (a) of this
section shall be elected in a caucus of electors which shall be held within 60
days after the adoption of the resolution and the obtaining of the written
consents provided by this Act at such time and place within the district as the
Board of Commissioners of DeKalb County shall designate after notice thereof
shall have been given to said electors by:
(1)
Publishing such notice in the legal organ of DeKalb County as provided by this
Act; and
(2)
Contacting each elector by United States mail at the address indicated in the
property tax rolls.
Thereafter,
there shall be conducted biennially, not later than 60 days following the last
day for filing ad valorem real property tax returns in DeKalb County, 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 remaining members of the board shall by
majority vote, within 60 days, appoint an elector to fill the vacancy. A board
member appointed by majority vote of the board to fill a vacancy shall only
serve until the next regularly scheduled election, regardless of the actual
duration of the unexpired term of the board member vacating the position. At no
time shall the board include more than two members who were appointed by other
board members. If a vacancy does occur while two board members appointed by
other members of the board are currently serving, then a special election shall
be called to fill the unexpired term as provided for in this subsection. If a
vacancy occurs for which a special election is required, the board shall, within
60 days thereof, call such election 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:
(1)
Publishing notice thereof in the legal organ of DeKalb County, on four dates, at
least 45 days, 31 days, 17 days, and ten days, respectively, prior to such
election; and
(2)
Sending by United States mail a notice to each elector at least 31 days prior to
such election at the address indicated in the property tax rolls.
(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. The remaining elected board members shall be elected by a 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 real property owned by the elector subject to taxes, fees, or assessments
levied by the board. Except as provided in subsection (b) of this section, 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."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.