§ 114-132. Findings.  


Latest version.
  • The board makes the following findings of fact with respect to the adoption and codification of this article VII of chapter 114 of the Official Code of Cobb County, Georgia:

    (1)

    The hereinafter designated Six Flags Area (the "area") in the southern and southwestern quadrants of Cobb County, Georgia (the "county") includes within its ambit and in close proximity to each other a preponderance of older, dilapidated, obsolete and vacant buildings, dwellings and improvements in varying stages of deterioration, disrepair and uncleanliness.

    (2)

    Such structures or improvements as do not comply with the building regulations and International Fire Code provisions in chapters 18 and 54 respectively of the Official Code of Cobb County, Georgia, create injurious conditions conducive to criminal activity and detrimental to public health and safety and thereby constitute a public nuisance, the abatement and correction of which deplete a disproportionate amount of funding and resources otherwise available to the area for economic development and growth.

    (3)

    The enhancement of and improvements to existing and aging local government facilities and infrastructure in the area, including but not limited to streets, roads, interchanges, storm water and wastewater collection and disposal systems, parks, recreational areas and open spaces, will assist in the cultivation and promotion of a secure and prosperous environment attractive to property and business owners, residents, visitors and tourists.

    (4)

    Article IX, section II, paragraph III of the Georgia Constitution ("Supplemental Powers Clause") and applicable state law authorize Cobb County, Georgia (the "county") as a political subdivision of the State of Georgia (the "state"), to provide certain specified local government services and by corollary thereto, to exercise the attendant local government powers necessary to effect the delivery of such services to and on behalf of county residents, including but not limited to, fire and police protection, street and road construction and maintenance, parks, recreational areas and open spaces, and storm water and wastewater collection and disposal systems.

    (5)

    Applicable provisions of the state constitution in article IX, section VI, paragraph III and the applicable state law in O.C.G.A. tit. 36, ch. 61, confers on the county authority to activate an urban redevelopment agency ("urban redevelopment agency") whose purpose is to undertake specific community revitalization and improvement initiatives and to enhance public health and safety services through the exercise of redevelopment powers to stimulate economic opportunities and to address and remedy defined circumstances such as structural blight that impede and impair growth, expansion and development of employment prospects for residents of the area.

    (6)

    Applicable provisions of the state constitution in article IX, section VI, paragraph III and the applicable state law in O.C.G.A. tit. 36, ch. 62, confers on the county authority to activate a development authority ("development authority") whose purpose is to develop and promote trade, commerce, industry, and employment opportunities for the public good and the general welfare and to promote the general welfare of the state and such development authority may issue bonds or bond anticipation notes when its board of directors adopts a resolution finding that the project for which such bonds or notes are to be issued will promote the foregoing objectives and will increase or maintain employment in the territorial area of such development authority.

    (7)

    Applicable state law in O.C.G.A. tit. 41, ch. 2, also authorizes the county to provide public safety and health services through the adoption of building codes to abate and remedy public nuisances created by defective structures and improvements.

    (8)

    The county activated the South Cobb Redevelopment Authority (the "authority") as a development authority, and in collaboration with the authority (the "authority" and collectively with the county, or each respectively, or either, as applicable in the context, the "county parties"), a public corporation duly created and existing pursuant to the laws of the state, and particularly pursuant to article IX, section VI, paragraph III of the State Constitution and the provisions of an Act of the General Assembly of the State approved on April 12, 1982 (Ga. Laws 1982, p. 3772), as amended from time to time (as so amended, the "Authority's Act") has initiated efforts to enhance, improve and facilitate the delivery of the aforementioned local government services in the area to promote and implement economic growth, development, revitalization, opportunities and employment in the area by adoption of the "South Cobb Implementation Strategy" (the "implementation strategy"), as approved by both county parties, and as may be amended from time to time, and a copy of which is attached hereto as exhibit "C" and incorporated herein by reference.

    (9)

    The implementation strategy will provide significant impetus for needed economic development, redevelopment and revitalization and will stimulate additional economic development and generate employment prospects for property and business owners and residents in the area.

    (10)

    Property owners in the area will also derive a particular benefit from the implementation strategy through the projected increase in economic growth, tourism, trade and commerce.

    (11)

    The board will be able to enhance and improve the delivery of needed local government services and facilities to the area most effectively through the creation of a special services district to be named the "Six Flags Area Special Services District" (the "district").

    (12)

    Article IX, section II, paragraph VI of the Georgia Constitution ("Special Districts Clause") authorizes the board on behalf of the county to create such a district for the provision of local government services therein and to levy and collect fees, assessments and taxes therein to pay, wholly or partially, the cost of providing such services and to construct and maintain facilities therefor.

    (13)

    Property owners within the district will benefit significantly from improvements to the aforementioned local government services and the economic stimulus for additional development provided thereby and the facilities and infrastructure therefor to be provided, supplemented, improved or enhanced within the district.

    (14)

    A levy of an ad valorem tax (the "services tax" or the "tax") on real property within the district subject to ad valorem taxation to pay, wholly or partially, the cost of improving, upgrading and providing, among others, the aforementioned local government services within the district and to construct and maintain facilities therefor is warranted based on the foregoing findings.

(Amd. of 11-11-14)