Title 48, Chapter 8, Section 121
( 48-8-121)
(a)(1) The proceeds received from the tax authorized by this
article shall be used by the county exclusively for the purpose or
purposes specified in the resolution or ordinance calling for
imposition of the tax. Such proceeds shall be kept in a separate
account from other funds of the county and shall not in any manner
be commingled with other funds of the county prior to the
expenditure. (2) The governing authority of the county and the governing
authority of each municipality receiving any proceeds from the tax
pursuant to a contract with the county shall maintain a record of
each and every project for which the proceeds of the tax are used.
A schedule shall be included in each annual audit which shows for
each project in the resolution or ordinance calling for imposition
of the tax the original estimated cost, the current estimated cost
if it is not the original estimated cost, amounts expended in
prior years, and amounts expended in the current year. The
auditor shall verify and test expenditures sufficient to provide
assurances that the schedule is fairly presented in relation to
the financial statements. The auditor's report on the financial
statements shall include an opinion, or disclaimer of opinion, as
to whether the schedule is presented fairly in all material
respects in relation to the financial statements taken as a whole. (3) Where the tax authorized by this article has been imposed
prior to April 19, 1994, for a period of four years for road,
street, and bridge purposes and five years for other purposes,
this paragraph shall apply. When this paragraph applies, proceeds
from any or all years of the five-year imposition period may be
used for road, street, and bridge purposes and proceeds from any
or all years of the five-year imposition period may be used for
the other authorized purposes, so long as the total expenditures
of the tax proceeds are consistent with the total expenditures
provided for in the original resolution or ordinance calling for
the imposition of the tax. (b) If the resolution or ordinance calling for the imposition of the
tax specified that the proceeds of the tax are to be used in whole
or in part for road, street, and bridge purposes, then authorized
uses of the tax proceeds shall include acquisition of right of way
for, construction of, and renovation and improvement of, including
relocation of utilities for and improvement of surface water
drainage from, roads, streets, bridges, sidewalks, and bicycle paths
both within the unincorporated area of the county and within the
incorporated areas of municipalities within the county. If the
resolution or ordinance calling for the imposition of the tax
specified that the proceeds of the tax are to be used in whole or in
part for road, street, and bridge purposes, then no part of the
proceeds of the tax shall be used to retire general obligation debt
with respect to such road, street, and bridge purposes. (c) No general obligation debt shall be issued in conjunction with
the imposition of the tax authorized by this article when the tax is
imposed in whole or in part for road, street, and bridge purposes
with respect to such road, street, and bridge purposes. If the tax
is imposed solely for purposes other than road, street, and bridge
purposes or in part for road, street, and bridge purposes and in
part for other purposes, then no general obligation debt shall be
issued in conjunction with the imposition of the tax unless the
county governing authority determines that, and if the debt is to be
validated it is demonstrated in the validation proceedings that,
during each year in which any payment of principal or interest on
the debt comes due the county will receive from the tax authorized
by this article net proceeds sufficient to fully satisfy such
liability. General obligation debt issued under this article shall
be payable first from the separate account in which are placed the
proceeds received by the county from the tax authorized by this
article. Such debt, however, shall constitute a pledge of the full
faith, credit, and taxing power of the county; and any liability on
said debt which is not satisfied from the proceeds of the tax
authorized by this article shall be satisfied from the general funds
of the county. (d) The resolution or ordinance calling for imposition of the tax
authorized by this article solely for purposes other than for road,
street, and bridge purposes or in part for road, street, and bridge
purposes and in part for other purposes may specify that all of the
proceeds of the tax will be used for payment of general obligation
debt issued in conjunction with the imposition of the tax with
respect to purposes other than road, street, and bridge purposes. If
the resolution or ordinance so provides, then such proceeds shall be
used solely for such purpose except as provided in subsection (g) of
this Code section. (e)(1) The resolution or ordinance calling for the imposition of
the tax authorized by this article solely for purposes other than
for road, street, and bridge purposes or in part for road, street,
and bridge purposes and in part for other purposes may specify
that a part of the proceeds of the tax will be used for payment of
general obligation debt issued in conjunction with the imposition
of the tax with respect to purposes other than road, street, and
bridge purposes. If the ordinance or resolution so provides, it
shall specifically state the other purposes for which such
proceeds will be used; and such other purposes shall be a part of
the capital outlay project or projects for which the tax is to be
imposed. In such a case 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. (2) In no event shall any proceeds of general obligation debt
issued pursuant to this article be used for road, street, or
bridge purposes. (f) The resolution or ordinance calling for the imposition of the
tax may specify that no general obligation debt is to be issued in
conjunction with the imposition of the tax. If the ordinance or
resolution so provides, it shall specifically state the purpose or
purposes for which the proceeds will be used. (g)(1)(A) If the proceeds of the tax are specified to be used
solely for the purpose of payment of general obligation debt
issued in conjunction with the imposition of the tax, then any
net proceeds of the tax in excess of the amount required for
final payment of such debt shall be subject to and applied as
provided in paragraph (2) of this subsection.
(B) If the county receives from the tax net proceeds in excess
of the maximum cost of the project or projects stated in the
resolution or ordinance calling for the imposition of the tax or
in excess of the actual cost of such project or projects, then
such excess proceeds shall be subject to and applied as provided
in paragraph (2) of this subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used
solely for the purpose of reducing any indebtedness of the county
other than indebtedness incurred pursuant to this article. If
there is no such other indebtedness or, if the excess proceeds
exceed the amount of any such other indebtedness, then the excess
proceeds shall next be paid into the general fund of the county,
it being the intent that any funds so paid into the general fund
of the county be used for the purpose of reducing ad valorem
taxes. |