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Temporary collection order issued: County to bill 2009 property taxes

Gwinnett County filed for a Temporary Collection Order (TCO) on July 29, 2009. A TCO hearing was held with Superior Court Judge Timothy Hamil on August 11, 2009. Judge Hamil issued the TCO on August 13, 2009.

The order allows for the temporary collection of 2009 taxes for Gwinnett County, the Gwinnett County School District, and the cities of Grayson, Lawrenceville, and Sugar Hill (these are three of the seven cities that authorize the Tax Commissioner to bill their taxes). The order uses the 2008 county millage rate of 10.97 mills and the 2009 tax digest. With regard to the Gwinnett County School District, it authorizes the 2009 adopted rate of 20.55 mills. (One mill equals $1 for every $1,000 of net assessed property value.)

The order sets two payment dates of October 15 and November 15, but there will be no penalty until November 16. The Temporary Collection Order allows Gwinnett County to begin billing and collecting taxes immediately. The tax bills should be ready to mail 25 days from now.

The order adequately addresses the County's needs while the service delivery strategy (SDS) litigation is pending.  Superior Court Judge Ray has also issued a Temporary Collection Order in a separate proceeding involving the cities of Buford, Duluth, and Suwanee. The remaining cities will likely file the necessary petitions so that they can also be granted a TCO along with the three Community Improvement Districts authorizing the Tax Commissioner to bill for them as well.

The County will ultimately have to set the final 2009 millage rate upon settlement of SDS. At that time, a reconciliation will be completed as required. The reconciliation could mean the county would have to issue refunds or send a second set of tax bills.

The total Gwinnett County millage rate (county, school, and state) in the TCO is as follows:

County General Fund
9.72
County Recreation Fund
0.79
County GO Bond Fund
0.46
Total County Mill Rate
10.97
School M&O
19.25
School Bonds
1.30
Total School Mill Rate
20.55
State
0.25
Total TCO Mill Rate
31.77