§ 54-39. Creation.

Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984, said amendment being set out at Ga. L. 1984, p. 1703 et seq., there is created one or more community improvement districts to be located in Fulton County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions provided in this Act and which shall be governed by a board as constituted pursuant to this Act. The conditions for such activation shall be:

(1)

The adoption of a resolution consenting to the creation of each community improvement district by:

(A)

The Fulton County Board of Commissioners if the district is located wholly within the unincorporated area of Fulton County, which resolution shall impose such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted county policies and planning for the area;

(B)

The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or

(C)

The governing authorities of Fulton County and any municipality in which the district is partially located if it is partially located within the unincorporated area of Fulton County and partly within the incorporated area of any municipality; 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 will be subject to taxes, fees, and assessments levied by the board of the district;

(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; and

(C)

The written consent provided for in this paragraph shall be submitted to the Fulton County tax commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district.

No district or board created under this Act shall transact any business or exercise any powers under this Act until the conditions of this paragraph are met. A copy of such resolutions shall be filed with the Secretary of State who shall maintain a record of all districts activated under this Act and a second copy shall be filed with the Department of Community Affairs.

(1987 Ga. Laws (Act No. 645), page 5460, § 4; 1998 Ga. Laws (Act No. 749), page 4065, § 3)