§ 2-2.5-46. 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 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 two and one-half (2½) percent of the aggregate assessed value of all such real property; provided, however, that no tax, fee, or assessment so levied shall exceed any lesser limitation designated in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. 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. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing the projects which are specially required by the degree of development within the applicable district and not for the purpose of providing those governmental services and facilities provided to Henry County or the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Henry County if the district lies wholly or partly within the unincorporated area of Henry County, and by the municipality within which it lies if it is wholly within a municipality, in the same manner as taxes, fees, and assessments are levied by Henry County or the municipality, respectively. Delinquent taxes shall bear the same interest and penalties as Henry County or municipal ad valorem taxes, respectively, and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied shall be transmitted by Henry County or the municipality who collects same to the board and shall be expended by the board only for the purposes authorized under this Act.

    (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 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 extent [extant] upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded.

(Ga. Laws 1991, P. 4339, Act No. 182, § 6)