§ 78-181. Tax levied.

In order to finance the capital outlay projects which will be for the use and benefit of the citizens of the county, the citizens of the City of Homer and the citizens of the City of Maysville who live in the county, there is hereby authorized to be levied and collected within the county as provided in O.C.G.A. § 48-8-110 et seq. an additional sales and use tax in the amount of one percent on all sales and uses in the county. As required by O.C.G.A. § 48-8-111(a):

(1)

The proceeds of such tax are to be used to finance (i) the capital outlay projects of the county, described in Exhibit "A" attached hereto and by this reference made a part hereof which are to be owned and operated by the county; (ii) the capital outlay projects of the City of Homer described in Exhibit "B" attached hereto and by this reference made a part hereof which are to be owned and operated by the City of Homer; and (iii) the capital outlay projects of the City of Maysville described in Exhibit "C" attached hereto and by this reference made a part hereof which are to be owned and operated by the City of Maysville;

(2)

Such sales and use tax is hereby authorized to be imposed for a period of time not to exceed 20 consecutive calendar quarters (five years) commencing on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the imposition of such sales and use tax is approved except to the extent that a sooner time is permitted by law;

(3)

The maximum cost of the capital outlay projects to be funded from the proceeds of such sales and use tax, and the maximum amount of the net proceeds to be raised by such sales and use tax, in the aggregate, is $15,000,000.00;

(4)

The county general obligation debt is to be issued in conjunction with the imposition of the tax for the purpose of constructing a jail, constructing public safety facilities and purchasing fire trucks by the county but not for road, street and bridge purposes, and no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed;

(5)

If the county issues general obligation debt, the principal amount of the debt will not exceed $5,460,000.00, the maximum rate of interest on the debt will not exceed ____________ % and the amount of principal to be paid each year during the life of the debt is ____________ .

(6)

The collection, allocation, disbursement and administration of the tax and the capital outlay projects for which the tax will be imposed will be subject to the agreement between the county and the City of Homer attached to these resolutions as Exhibit "D" and the agreement between the county and the City of Maysville attached to these resolutions as Exhibit "E."

(Res. No. 2001-02, § 1, 1-9-2001; Res. No. 2001-21, 8-3-2001)

Editor's note

Res. No. 2001-21, adopted Aug. 3, 2001, held an election on March 20, 2001 to determine whether or not a special sales and use tax of one percent should be levied. Declaration of the election results authorized the levy of a special sales and use tax in accordance with § 48-8-110 et seq. An official copy of the resolution is on file in the office of the clerk of the board of commissioners.
Prior to that amendment Exhibits A, B, C, D, and E of Res. No. 2001-02 were omitted from the codification. Official copies of such exhibits are on file in the office of the clerk of the board of commissioners.