State & Local Legislation Required
The Cumberland CID, like all Community Improvement Districts (CIDs) in Georgia, was founded upon the basis of Article 9, Section VII of the Georgia Constitution. The amendment providing for CIDs was approved by the voters in 1984.
Although the Constitution allows for CIDs, local legislation providing for a CID in this unincorporated part of Cobb County was also required from the Georgia Legislature. Without such local legislation, no CID may be established within any jurisdiction in Georgia.
Creation of the Cumberland CID
The Cumberland CID was brought into being through the enactment of a resolution by the Cobb County Commission and the consent of the commercial property owners in the Cumberland area. The Georgia Constitution sets forth the following conditions precedent to the creation of any CID:
(1) The adoption of a resolution consenting to the creation of the community improvement district by the governing authority of the county and/or municipality(ies), and
(2) Written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the community improvement district which will be subject to taxes, fees and assessments levied by the administrative body of the community improvement district; and
(B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district.
Defining the Geographical Area
The Cumberland CID is a 5 ½-square-mile area in southern Cobb County that includes the intersections of I-75, I-285 and U.S. Highway 41, with one another. The boundaries of the Cumberland CID were determined by the organizers.
As with most CIDs, the district shape was molded as commercial property owners agreed to have their properties included, so that the consent of a majority of the owners representing at least 75% of the property value was achieved.
The next step was certification by the Cobb County Tax Commissioner that the percentages of approval were reached. Next, the Cobb County Board of Commissioners passed a resolution consenting to the creation of the district.
Purposes of the Cumberland CID
The Cumberland CID operates toward the development and improvement of the following six purposes, which are within the legal purposes as set forth in the state Constitution
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads.
(2) Parks and recreational areas and facilities.
(3) Storm water and sewage collection and disposal systems.
(4) Development, storage, treatment, purification and distribution of water.
(5) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, to transport two or more persons, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a Traffic Management Association or similar entity.
(6) Terminal and dock facilities and parking facilities.
(7) Planning, development, and improvement consistent with Cobb County’s coordinated and comprehensive planning
Administration of the Cumberland CID
A CID is a governmental entity administered by a Board of Directors. The make-up of the Board is set forth in the local legislation, allowing for CIDs within a jurisdiction. There are elected board members, and appointed board members, in each district. The number of each varies from one CID to the next. These numbers are usually determined based on the number of county and/or municipal governments included within the geographic boundaries of the district. All board members must be representatives of CID taxpayers.
Three Cumberland CID board members are elected on ballots weighted by value of property interests, and three are elected based upon one vote per non-contiguous parcel owner, regardless of value. Terms of elective office are also set by the legislation and resolution creating the district at three years. All elected board members are voted upon by the CID taxpayers within the district. One board member is appointed by the Cobb County Commission
Funding of the Cumberland CID
The Cumberland CID board raises funds by setting an ad valorem millage rate on real property, specifically excluding property used residentially. Cobb County has set the millage rate at five percent, which is the maximum set by the Cobb County CID Act.
The millage rate is placed upon the regular tax bills sent by the Tax Commissioner, who transmits the collected taxes to the CID board for expenditure in accordance with the purposes of the District.