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Download Ordinance 0-15-0027 SPONSOR: COMMISSIONER AL TILLMAN COMMITTEE AMENDMENT AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION ESTABLISIDNG THE MIDDLE GEORGIA EDUCATION CORRIDOR BUSINESS IMPROVEMENT DISTRICT TO INCLUDE ALL PROPERTIES CONTIGUOUS TO EISENHOWER PARKWAY RUNNING FROM THE INTERSECTION OF EISENHOWER PARKWAY AND I-475 UP TO AND INCLUDING THE MACON MALL; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. WHEREAS, Section 36-43-1 et seq., O.C.G.A., authorizes municipalities to establish city business improvement districts for the purpose of providing supplemental service to such districts by imposing assessments on property; and WHEREAS, the Macon-Bibb County Commission has received a petition requesting the establishment of a city business improvement district for the Middle Georgia Education Corridor from property owners representing more than 51 percent of the total property value in the proposed district; and WHEREAS, the petition, the official management plan, and the official map for the Middle Georgia Education Corridor Business Improvement District are attached hereto as Exhibit "A"; and WHEREAS, the Macon-Bibb County Commission finds that the establishment of the Middle Georgia Education Corridor Business Improvement District to include all properties contiguous to Eisenhower Parkway running from the intersection of Eisenhower Parkway and I- 475 up to and including the Macon Mall is in the best interest of the citizens of Macon-Bibb County; and NOW, THEREFORE, BE IT ORDAINED by the Macon-Bibb County Commission and it is hereby so ordained by the authority of the same as follows: Section 1. Chapter 26 of Macon-Bibb County Code of Ordinances is hereby amended by adding a new Article VIII to read as follows: ARTICLE VIIL MIDDLE GEORGIA EDUCTION CORRIDOR BUSINESS IMPROVEMENT DISTRICT (BID) Sec. 26-400. Findings. Sec. 26-401. Creation of business improvement district. Sec. 26-402. Adoption ofdistrict plan. Sec. 26-403. Establishment ofad valorem tax rates. Sec. 26-404. Collection and expenditure offunds. Sec. 26-405. Termination o(District. Sec. 26-400. Findings. Section 36-43-1 et seq., O.C.G.A., authorizes municipalities to establish city business improvement districts for the purpose of providing supplemental service to such districts by imposing assessments on property. Macon-Bibb County has received a petition requesting the establishment ofa city business improvement district for the Middle Georgia Education Corridor from property owners representing more than 51 percent of the total property value in the proposed district. Sec. 26-401. Established (a) There is hereby established a business improvement district in Macon-Bibb County, Georgia known as the Middle Georgia Education Corridor Business Improvement District (the "district''). (b) The legal boundaries of the district shall be set forth on an official map (the "business improvement district map'') which is a part of an official plan for the district (the "district management plan") presented for final approval to the Macon-Bibb County Commission on June 16, 2015. A copy of the business improvement district map shall remain on file and available for inspection in the office of the Bibb County Tax Commissioner and the Macon­ Bibb County Clerk of Commission. The business improvement district map is hereby adopted and made a part of this article. Sec. 26-402. Adoption ofdistrict plan. (a) The district management plan is hereby adopted and made a part of this section. A copy of the district management plan shall remain on file and available for inspection in the office ofthe Bibb County Tax Commissioner and the Macon-Bibb County Clerk ofCommission. (b) The Macon-Bibb County Commission shall have the right to amend the district management plan at such time or times as the Macon-Bibb County Commission may deem appropriate. Sec. 26-403. Establishment of ad valorem tax rates. (a) Excluding all real property classified as residential for assessment purposes, there is hereby established an annual millage rate of $0. 005 Mills (Per Dollar ofAssessed Value) upon all real property located within the district, which millage rate is in addition to all millage rates upon real property previously establishedfor property located in the district. (b) Notwithstanding annual assessment a<fjustments to reflect the annual change in the Middle Georgia Education Corridor Consumer Price Index (CPI) for all urban Page 2 of4 consumers as authorized under Section Six (6) of the district management plan, the millage rate authorized pursuant to this section shall be subject to change annually by the Macon-Bibb County Commission at the time that Macon-Bibb County approves its annual operating and capital improvements budgets, and at such other times as may be deemed appropriate by the Macon-Bibb County Commission; provided, however, that in no event shall the millage rate change authorized in this section or the district management plan exceed one (1) Mill. (c) Excluding real property classified as residential for assessment purposes, the taxes established or authorized pursuant to this section shall be assessed against the real property in the district, shall be liens upon that property until paid, and such liens shall be enforceable in the same manner as other Macon-Bibb County tax liens. Sec. 26-404. Collection and expenditure offands. All fonds collected pursuant to this article may only be expended for supplemental services provided in the district management plan (as may be amended from time to time and) adopted by the Macon-Bibb County Commission. Sec. 26-405. Termination ofDistrict. Pursuant to O.C.G.A. Sec. 36-43-9, the district will have a six (6) year life span beginning July 1, 2015, and ending June 30, 2021. Section 2. It is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of Macon-Bibb County, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. Section 3. (a) It is hereby declared to be the intention of the Macon-Bibb County Commission that all sections, paragraphs, sentences, clauses, and phrases of this Ordinance are and were, upon their enactment, believed by the Macon-Bibb County Commission to be fully valid, enforceable, and constitutional. (b) It is hereby declared to be the intention of the Macon-Bibb County Commission that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Chapter is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Macon-Bibb County Commission that, to the greatest extent allowed by law, no section, paragraph, sentence, clause, or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or Page 3 of4 phrase of this Ordinance. (c) Jn the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decreeof any court of competent jurisdiction, it is the express intentof the Macon-Bibb County Commission that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect. Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are, to the extent of such conflict, hereby repealed or set aside. Section 5. This Ordinance shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval. APPROVED AND ADOPTED this /6+day of By: ROBERT A.B. REICHERT, Mayor (SEAL) S. HOWARD, Clerk of Commission S:\Law\ORD MACON-BIBB\2015 Tillman Establishing the Middle Georgia Education Corridor BID, (MMJ), Committee Armrndment, 6-9- 15.docx Page 4 of 4 AUTHORIZATION PETITION TO THE MACON-BIBB CITY COUNCIL TO ESTABLISH THE CITY BUSINESS IMPROVEMENT DISTRICT FOR THE MIDDLE GEORGIA EDUCATION CORRIDOR We petition you to initiate proceedings to establish the City Business Improvement District in accordance with the State of Georgia, City Business Improvement District Act for the purpose of executing the' management district plan included with andmade a part of this petition. Parcel# Parc;,d (Jwner [o'i I~ OD li 'Z G 1_hs,,,;. 1/vt!.._ I am the owner or the authorized representative of the owner and have the authority to bind the owner, of the real property described above. I hereby consent to the establishment of the Middle Georgia Education Corridor Business Improvement District, which will include the above identified parcels. I further acknowledge receiving with this petition a District Management Plan that includes a map of the district, a budget and formula for imposing assessments. Owner Name Printed Sworn to and subscribed before me this My Commission Expires: __tf_. _d_t_._;{~0~/~5,.,,·-'--- PATRICIA MKRICERI · NOTARY PUBLIC GUILFORD COUNTY NC My Commission Expires +21.2018 EXHIBIT I I\ AUTHORIZATION PETITION TO THE MACON-BIBB CITY COUNCIL TO ESTABLISH THE CITY BUSINESS IMPROVEMENT DISTRICT FOR THE MIDDLE GEORGIA EDUCATION. CORlUDOR We petition yon to initiate proceedings to establish the City Business Improvement District in accordance with the State of ()corgia, City Business Improvement District Act for the pmpose of ex:ecnting the management district plan included with and made a part of this petition. '.l:b 6 JP11rcel # L C\ \ r o I I~ Ym·cel Owmr C::' ~ \ CJ::J.~ ,f) ,. -1,_,\ ..:> ""~ ~ • ~ \'(\Cl,.<::._<:> V\ 'I ' '( -...' \'"" " I am the owner or the authorized representative of the owner and have the authority to bind the owner, of the reul property described above.
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