Title 36, Chapter 44, Section 9
( 36-44-9)
(a) When a tax allocation district is created within the area of
operation of a municipality by the local legislative body of such
municipality, property taxes for computing tax allocation increments
shall be based on all ad valorem property taxes levied by the
municipality. If the municipality has an independent school system,
ad valorem property taxes levied for educational purposes by the
municipality shall be included in computing the tax allocation
increments if the local legislative body of the municipality is
empowered to make the determination of the municipal ad valorem tax
millage rate for educational purposes. If the board of education of
the independent school system is empowered to set the ad valorem tax
millage rate for educational purposes and the local legislative body
of the municipality does not have the authority to modify such rate
set by the board of education, the tax allocation increment shall
not be computed on the basis of municipal taxes for educational
purposes unless the board of education of the independent school
system consents, by resolution duly adopted by said board of
education, to the inclusion of educational ad valorem property taxes
as a basis for computing tax allocation increments. (b) County ad valorem property taxes may be included in the
computation of tax allocation increments of a municipal tax
allocation district if the local legislative body of the county
consents to such inclusion by resolution duly adopted by said local
legislative body. For those municipalities which do not have an
independent school system, ad valorem property taxes levied for
county school district purposes may be included in the computation
of tax allocation increments of a municipal tax allocation district
if the county board of education or the local legislative body of
the county, whichever is authorized to establish the ad valorem tax
millage rate for educational purposes, consents to such inclusion by
resolution duly adopted by said board of education or local
legislative body, respectively. (c) When a tax allocation district is created within the area of
operation of a county by the local legislative body of the county,
property taxes for computing tax allocation increments shall be
based on all county ad valorem property taxes levied for county
governmental purposes. Ad valorem property taxes levied for county
school district purposes may be included in the computation of tax
allocation increments for a county tax allocation district if the
board of education of the county school district or the local
legislative body of the county, whichever is authorized to establish
the ad valorem tax millage rate for educational purposes, consents
to such inclusion by resolution duly adopted by said board of
education or local legislative body, respectively. (d) When a tax allocation district is created within the area of
operation of a consolidated government by the local legislative body
of the consolidated government, property taxes for computing tax
allocation increments shall be based on all consolidated government
ad valorem property taxes levied for consolidated government
purposes. Ad valorem property taxes levied for school district
purposes within the boundaries of the consolidated government may be
included in the computation of tax allocation increments for a
consolidated government tax allocation district if the board of
education of such school district or the local legislative body of
the consolidated government, whichever is authorized to establish
the ad valorem tax millage rate for educational purposes within the
school district, consents to such inclusion by resolution duly
adopted by said board of education or local legislative body,
respectively. (e) A county may pledge all or part of county general funds derived
from a municipal tax allocation district for payment or security of
payment of tax allocation bonds issued by the municipality and for
payment of other redevelopment costs of the tax allocation district
if the local legislative body of the county consents to the use of
such general funds by resolution duly adopted by said local
legislative body. |