06 LC 18
5281
Senate
Bill 569
By:
Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to change certain local government provisions with respect to
newly created municipalities; to revise certain provisions relating to the
removal of new municipal corporations from county special districts for the
provision of local government services; to provide for the offer of sale to a
newly created municipality of county property used for parks and recreation
purposes within the geographical boundaries of the new municipality; to provide
for additional limitations and requirements in the event a new municipality is
created in a county subsequent to a referendum in which bonded indebtedness is
approved; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by striking Code Section 36-31-11, relating to removal of new municipal
corporations from county special districts for provision of local government
services, and inserting in lieu thereof the following:
"36-31-11.
When
a municipal corporation is created by local Act within a county which has a
special district for the provision of local government services consisting of
the unincorporated area of the county, the territory within the new municipal
corporation shall be removed from the special district except to the extent
otherwise provided by Code Section 36-31-8 during a transition period and
except as
otherwise provided for by local Act or agreement between the municipal
corporation and county specifying the services, if any, to be continued to be
provided by the county; and provided
except
that the county may continue to levy within such territory any previously
imposed tax for the purpose of retiring any special district debt until such
time as such debt is
retired."
SECTION
2.
Said
title is further amended by adding a new Code section immediately following Code
Section 36-31-12 to read as follows:
"36-31-13.
When
a new municipal corporation is created by local Act, the county in which the new
municipality is located shall be required to offer for sale to the municipality
any county property used for parks and recreation purposes within the
geographical boundaries of the new municipality. Such property shall be offered
for sale to the new municipality according to the terms of the charter
establishing the new municipality, including the identification of properties to
be sold as well as the corresponding price for each property identified. If
there is no such provision in the charter for such transfer, then the property
shall be offered for sale to the new municipality at the original price that the
county paid to purchase such property, amortized at an interest rate equal to
prime; provided, however, that if the county and new municipality fail to agree
on the appropriate price of the property within 180 days of the offer for sale,
the question of determination of value shall be submitted to a special master
appointed by the superior court of the county. The offer for sale by the county
shall be valid for two years from the effective date of incorporation of the new
municipality."
SECTION
3.
Said
title is further amended in Code Section 36-82-1, relating to elections and
requirements regarding bonded debt, by striking subsection (d) and inserting in
its place a new subsection (d) to read as follows:
"(d)(1)
Every legal advertisement of a bond election shall contain a reference that any
brochures, listings, or other advertisements issued by the governing body of any
county, municipality, or other political subdivision of this state or by any
other person, firm, corporation, or association with the knowledge and consent
of the governing body of such county, municipality, or other political
subdivision of this state shall be deemed to be a statement of intention of the
governing body of such county, municipality, or other political subdivision of
this state concerning the use of the bond funds; and such statement of intention
shall be binding on the governing body of such county, municipality, or other
political subdivision of this state in the expenditure of any such bond funds or
interest received from such bond funds which have been invested, unless the
governing body of such county, municipality, or other political subdivision of
this state uses such bond funds for the retirement of bonded indebtedness, in
the manner provided for in this Code section; and such statement of intention
shall be set forth in the resolution pursuant to which such bonds are
issued.
(2)
Such statement of intention shall remain fully binding upon the governing
authority of such county in the event a new municipality is created in such
county subsequent to the referendum at which such indebtedness is approved and
such bond funds shall be expended within the area of the new municipality in the
same manner as otherwise required prior to the creation of the
municipality. Bond funds and interest
received from such bond funds which have been invested shall be expended in the
manner in which advertised and for the purpose stated in such statement of
intention. In
the event that ownership of property of the county which is the subject of any
bond funds under this Code section is transferred to a newly created
municipality, the county shall, within 30 days of the date of conveyance of such
property to such newly created municipality, pay such bond funds and interest
received from such bond funds with respect to such project to such newly created
municipality. The newly created municipality shall expend such received funds
as well as future such bond funds with respect to such project in the manner in
which advertised by the county and for the purpose stated in such statement of
intention.
(3)(A)
Except as otherwise provided in subparagraph (B) of this paragraph,
the
The
governing body of such county, municipality, or other political subdivision of
this state may, by a
two-thirdś
vote, declare any project which has been established pursuant to any such
statement of intention to be unnecessary.
(B)
In the event any such project is located within the corporate limits of a newly
formed municipality, the governing body of a county shall not be authorized to
declare any project which has been established pursuant to any such statement of
intention to be unnecessary without a concurrent declaration by one-third vote
of the governing body of such newly formed municipality.
(4)
In
that
the
event a
project has been determined to be unnecessary in accordance with paragraph (3)
of this subsection, the governing body of
such county, municipality, or other political subdivision of this state shall
use such bond funds for the payment of all or any part of the principal and
interest on any bonded indebtedness of such county, municipality, or other
political subdivision of this state then outstanding. Surpluses from the
overestimated projects, including interest received on bond funds of such
projects, shall be used first to complete underestimated projects and all
remaining funds received from interest and overestimated projects shall be used
for other projects or improvements which the governing body of such county,
municipality, or other political subdivision of this state may deem necessary
and which are encompassed within the language of the statement of purpose in the
election notice.
(5)
Any meetings of any governing bodies at which any bond fund allocation is made
shall be open to the public. Such meetings shall be announced to the news media
in advance and shall be open to the news
media."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.