06 LC 21
8771
House
Bill 1338
By:
Representatives Jacobs of the
80th,
Chambers of the
81st,
Watson of the
91st,
Millar of the
79th,
Oliver of the
83rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act establishing the form of government of DeKalb County and fixing the
powers and duties of the officers constituting the governing authority of DeKalb
County, approved April 9, 1981 (Ga.L.1981, p. 4304), as amended, so as
to authorize the county commission to enter into leases and contracts with
nonprofit corporations for the use, operation, and maintenance by such nonprofit
corporations of parks, playgrounds, golf courses, swimming pools, or other
property that has been dedicated to a public use for recreational or park
purposes under certain conditions; to provide for related matters; to provide
for a referendum; to provide for effective dates; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act establishing the form of government of DeKalb County and fixing the powers
and duties of the officers constituting the governing authority of DeKalb
County, approved April 9, 1981 (Ga.L.1981, p. 4304), as amended, is
amended by adding a new paragraph (20) to subsection (a) of Section 9 of the Act
to read as follows:
"(20)
To enter into valid and binding leases and contracts with nonprofit corporations
for any period of time not to exceed 50 years to provide for the use, operation,
or maintenance by such nonprofit corporations of any property or interest
therein comprising parks, playgrounds, golf courses, swimming pools, or other
property that has been dedicated to a public use for recreational or park
purposes or has been dedicated to a public use for recreational or park purposes
by a private citizen, corporation, or association and thereafter acquired by the
county, without regard to whether such public use has been previously abandoned
or that such property has become unsuitable or inadequate for the purpose for
which it was originally
dedicated."
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of DeKalb County shall call and conduct an election as provided
in this section for the purpose of submitting this Act to the electors of DeKalb
County for approval or rejection. The election superintendent shall conduct the
election on the same date as and in conjunction with the 2006 General Election
and shall issue the call for such election not less than 60 nor more than 90
days prior to such date. The superintendent shall cause the date and purpose of
the election to be published once a week for two weeks immediately preceding the
date thereof in the legal organ of DeKalb County. The ballot shall have written
or printed thereon the words:
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"( ) YES
( ) NO
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Shall
the Act be approved that authorizes the DeKalb County Commission to enter into
leases and contracts with nonprofit corporations for the use, operation, and
maintenance by such nonprofit corporations of parks, playgrounds, golf courses,
swimming pools, or other property that has been dedicated to a public use for
recreational or park purposes under certain conditions?"
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All
persons desiring to vote for approval of the Act shall vote "Yes," and those
persons desiring to vote for rejection of the Act shall vote "No." If more than
one-half of the votes cast on such question are for approval of the Act, Section
1 of this Act shall become of full force and effect on December 1, 2006. If the
Act is not so approved or if the election is not conducted as provided in this
section, Section 1 of this Act shall not become effective and this Act shall be
automatically repealed on the first day of January immediately following that
election date. The expense of such election shall be borne by DeKalb County.
It shall be the election
superintendent́s
duty to certify the result thereof to the Secretary of State.
SECTION
3.
Except
as otherwise provided in Section 2 of this Act, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.