§ 6-24. Created.

(a)

Pursuant to article IX, section VII, of the constitution of the State of Georgia, as amended in 1984 (1984 Ga. Laws, page 1703), there is created one or more community improvement districts to be located in Cobb 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 set forth in this section. Each district shall be governed by a board constituted as provided in section 6-25 of this article. 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 board of commissioners of Cobb County if the district is located wholly within the unincorporated area of Cobb County;

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 Cobb County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Cobb County and partially 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 consents provided for above shall be submitted to the Cobb 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 article shall transact any business or exercise any powers under this article 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 under this article, and with the department of community affairs.

(b)

Notwithstanding any other provisions of this article to the contrary:

(1)

Each community improvement district created under this article shall have a six-year life and shall automatically become inactive upon the expiration of six years after the date of activation of such district, unless extended by the adoption of resolutions of the majority of the electors and the majority of the equity electors present and voting at a meeting of electors and equity electors. A quorum shall consist of those electors and equity electors present. No proxy vote may be cast. Notice of said meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Cobb County at least once each week for four weeks prior to such meeting. The extension of the life of the district shall be for six more years. There is no limit on the number of extensions which may be enacted.

(2)

The power of the board to levy taxes shall be limited to five mills.

(3)

No contractual obligations may be entered into beyond the term or life of the district.

(4)

No agreement of cooperation shall be legal or binding upon any of the parties thereto for a period longer than the life of the district.

(1985 Ga. Laws (Act No. 181), page 4009, § 4; 1988 Ga. Laws (Act No. 892), page 3887, § 4; 1989 Ga. Laws (Act No. 182), page 4256, § 3; 1992 Ga. Laws (Act No. 825), page 5613, § 2; 1992 Ga. Laws (Act No. 961), page 6159, § 2)